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16-3-85(A)(2) Aiding and abetting homicide by child abuse
16-3-210 Lynching, First degree

16-3-430 Killing in a duel

16-3-620 Assault and battery with intent to kill

16-3-652 Criminal sexual conduct, First degree

16-3-653 Criminal sexual conduct, Second degree

16-3-655 Criminal sexual conduct with minors, except where evidence is presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3)

16-3-656 Assault with intent to commit criminal sexual conduct, First and Second degree

16-3-910 Kidnapping

16-3-920 Conspiracy to commit kidnapping
16-11-110(A) Arson, First degree

16-11-311 Burglary, First degree

16-11-330(B) Attempted armed robbery

16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results

25-7-30 Giving information respecting national or state defense to foreign contacts during war

25-7-40 Gathering information for an enemy

55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results

56-5-1030 Interference with traffic-control devices or

(B)(3) railroad signs or signals prohibited when death results from violation

58-17-4090 Obstruction of railroad, death results.

(2) `Serious offense' means:

(a) any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1);

(b) those felonies enumerated as follows:

16-3-220 Lynching, second degree

16-3-810 Engaging child for sexual performance
16-9-220 Acceptance of bribes by officers

16-9-290 Accepting bribes for purpose of procuring public office
16-11-312(B) Burglary, Second degree

16-13-210(1) Embezzlement of public funds
16-13-230 Breach of trust with fraudulent intent

(B)(3)

16-13-240(1) Obtaining signature or property by false pretenses

38-55-540(3) Insurance fraud

44-53-370(e) Trafficking in controlled substances

44-53-375(C) Trafficking in ice, crank, or crack cocaine

44-53-445 Distribute, sell, manufacture, or possess

(B)(1) & (2) with intent to distribute controlled substances within proximity of school

56-5-2945 Causing death by operating vehicle while under influence of drugs or alcohol; and

(c) the offenses enumerated below:

16-1-40 Accessory before the fact for any of the offenses listed in subitems (a) and (b)

(D) Except as provided in subsection (E), no person sentenced pursuant to this section shall be eligible for early release or discharge in any form, whether by parole, work release, release to ameliorate prison overcrowding, or any other early release program, nor shall they be eligible for earned work credits, education credits, good conduct credits, or any similar program for early release.

(E) For the purpose of this section only, a person sentenced pursuant to this section may be paroled if:

(1) the Department of Corrections requests the Department of Probation, Parole and Pardon Services to consider the person for parole; and

(2) the Department of Probation, Parole and Pardon Services determines that due to the person's health or age he is no longer a threat to society; and

(a) the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or

(b) the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or

(c) the person is afflicted with a terminal illness where life expectancy is one year or less; or

(d) the person can produce evidence comprising the most extraordinary circumstances.

(F) For the purpose of determining a prior conviction under this section only, a prior conviction shall mean the defendant has been convicted of a most serious or serious offense, as may be applicable, on a separate occasion, prior to the instant adjudication.

(G) The decision to invoke sentencing under Section 17-25-45(B) shall be is in the discretion of the solicitor. The provisions of Section 17-25-45(A) shall be mandatory.

(H) Where the solicitor is required to seek or determines to seek sentencing of a defendant under this Section, written notice must be given by the solicitor to the defendant and defendant's counsel not less than ten days before trial."

SECTION 19. Section 20-7-2205 of the 1976 Code, as last amended by Act No. 7 of 1995, is further amended to read:

SECTION 20. Section 20-7-2170 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 20-7-2170. (A) A child after his twelfth birthday and before his seventeenth birthday, or while under the jurisdiction of the Family Court for disposition of an offense that occurred prior to before his seventeenth birthday, may be committed to the custody of the Department of Juvenile Justice, which shall arrange for placement in a suitable corrective environment. Children under the age of twelve years may must be committed only to the custody of the department, which shall arrange for placement in a suitable corrective environment other than institutional confinement. No A child under the age of seventeen years shall must not be committed or sentenced to any other another penal or correctional institution of this State.

(B) When a child is adjudicated delinquent, convicted of a crime, or has entered a plea of guilty or nolo contendere in a court authorized to commit to the custody of the Department of Juvenile Justice, such the child may be committed for an indeterminate period until he has reached his twenty-first birthday or until sooner released by the Board of Juvenile Parole under its discretional powers.

(C) Any A sentence which includes commitment to the custody of the Department of Juvenile Justice for a crime which, when committed by an adult, would carry a maximum sentence of thirty years or more, shall include a further provision that the Board of Juvenile Parole may transfer such the child to the Department of Juvenile Justice, which may then may transfer the child to the Department of Corrections for confinement for a period, including time served in its custody, not to exceed thirty years. Such The transfer shall must be within the discretion of the Department of Juvenile Justice or the Board of Juvenile Parole as may be appropriate.

(E) Any A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature, who has not been paroled or otherwise released from the custody of the department by his nineteenth seventeenth birthday shall must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. A juvenile who has not been paroled or released from the custody of the Department by his nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections at age nineteen. If not sooner released sooner by the Department of Corrections, the a transferred juvenile shall must be released by his twenty-first birthday according to the provisions of his commitment;. provided, however, that notwithstanding Notwithstanding the above provision, any a juvenile committed as an adult offender by order of the Court of General Sessions shall be considered for parole or other release according to the laws pertaining to release of adult offenders.

SECTION 21. Section 22-3-550 of the 1976 Code, as last amended by Section 28, Part II, Act 570 of 1994, is further amended to read:

However, a magistrate shall not have the power to sentence any person to consecutive terms of imprisonment totaling more than ninety days except for convictions resulting from violations of Chapter 11 of Title 34, pertaining to fraudulent checks or violations of Section 16-13-110, relating to shoplifting. Further a magistrate must specify an amount of restitution in damages at the time of sentencing as an alternative to any imprisonment of more than ninety days which is lawfully imposed. The provisions of this paragraph do not effect affect the transfer of criminal matters from the general sessions court made pursuant to Section 22-3-545."

SECTION 22. Section 22-5-910 of the 1976 Code is amended to read:

"Section 22-5-910. Following a first offense conviction in a magistrate's court or a municipal court, the defendant after one year from the date of the conviction may apply, or cause someone acting on his behalf to apply, to the circuit court for an order expunging the records of the arrest and conviction. However, this section does not apply to an offense involving the operation of a motor vehicle, or to a violation of Title 50 or the regulations promulgated thereunder under it for which points are assessed, suspension provided for, or enhanced penalties for subsequent offenses authorized, or to an offense contained in Chapter 25 of Title 16. If the defendant has had no other conviction during the one-year period following the first offense conviction in a magistrate's court or a municipal court, the circuit court shall issue an order expunging the records. No person may have his records expunged under this section more than one time once.

After the expungement, the South Carolina Law Enforcement Division is required to keep a nonpublic record of the offense and the date of the expungement to ensure that no person takes advantage of the rights of this section more than once. This nonpublic record is not subject to release under Section 34-11-95, the Freedom of Information Act, or any other provision of law except to those authorized law or court officials who need to know this information in order to prevent the rights afforded by this section from being taken advantage of more than once.

As used in this section, `conviction' includes a guilty plea, a plea of nolo contendere, or the forfeiting of bail."

SECTION 23. Section 24-3-20 of the 1976 Code, as last amended by Act 181 of 1993 and Act 500 of 1994, is further amended to read:

(b)(B) When the director determines that the character and attitude of a prisoner reasonably indicates that he may be so trusted, it he may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, provided that the director determines that:

(1) such the paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and

(2) the rates of pay and other conditions of employment will not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed.

The department shall notify victims registered pursuant to Section 16-3-1530(c) and the trial judge, solicitor, and sheriff of the county or the law enforcement agency of the jurisdiction where the offense occurred before releasing inmates on work release. The department shall have the authority to deny release based upon opinions received from these persons, if any, as to the suitability of the release.

No prisoner's place of confinement may be extended as permitted by this subsection who is currently serving a sentence for or has a prior conviction of criminal sexual conduct in the first, second, or third degree,; attempted criminal sexual conduct,; assault with intent to commit criminal sexual conduct,; criminal sexual conduct when the victim is his legal spouse,; criminal sexual conduct with a minor,; committing or committing or attempting a lewd act on a child,; engaging a child for sexual performance,; or spousal sexual battery. No prisoner who is

(c)(C) Notwithstanding the provisions of Section 24-3-10 or any other provisions provision of law, the department shall make available for use in litter control and removal any or all prison inmates not engaged in programs determined by the department to be more beneficial in terms of rehabilitation and cost effectiveness. Provided, however, that the Department of Corrections The department shall not make available for litter control those inmates who, in the judgment of the director, pose a significant threat to the community or who are not physically, mentally, or emotionally able to perform work required in litter control. No inmate shall must be assigned to a county prison facility except upon written acceptance of the inmate by the chief county administrative officer or his designee, and no prisoner may be assigned to litter control in a county which maintains a facility unless he is assigned to the county prison facility. The department of Corrections shall include in its annual report to the Budget and Control Board an analysis of the job and program assignments of inmates. This plan shall include such programs as litter removal, prison industries, work release, education, and counseling. The Department of Corrections department shall make every effort to minimize not only inmate idleness but also occupation in marginally productive pursuits. The State Budget and Control Board and the Governor's Office shall comment in writing to the department concerning any necessary alterations in this plan.

(d)(D) Notwithstanding Section 24-13-125, The the Department of Corrections department may establish a restitution program for the purpose of allowing persons convicted of nonviolent offenses who are sentenced to the State Department of Corrections department to reimburse the victim for the value of the property stolen or damages caused by such the offense. In the event that there is If no victim is involved, the person convicted shall contribute to the administration of the program. The Department of Corrections department is authorized to promulgate regulations necessary to administer the program.

(e)(E) In the event that If a person is sentenced to not more than seven years and for not more than a second offense for the following offenses: larceny, grand larceny, forgery and counterfeiting, embezzlement, stolen property, damage to property, receiving stolen goods, shoplifting, housebreaking, fraud, vandalism, breach of trust with fraudulent intent, and storebreaking, the judge shall establish at the time of sentencing a

SECTION 24. Section 24-3-410(B)(1) of the 1976 Code, as last amended by Act 19 of 1991, is further amended to read:

"(1) articles manufactured or produced by persons on parole, or probation, or community supervision;"

SECTION 25. Section 24-3-530 of the 1976 Code, as last amended by Section 420, Act 181 of 1993, is further amended to read:

"Section 24-3-530. (A) All persons A person convicted of a capital crime and having imposed upon them him the sentence of death shall suffer such the penalty by electrocution or, at the election of the person, lethal injection within the walls of the State Penitentiary at Columbia under the direction of the Director of the Department of Corrections. The election must be made in writing fourteen days before the execution date or it is waived. If the person waives the right of election, then the penalty must be administered by lethal injection.

(B) If execution by lethal injection under this section is held to be unconstitutional by an appellate court of competent jurisdiction, then the manner of inflicting a death sentence must be by electrocution."

SECTION 26. Section 24-13-210 of the 1976 Code, as last amended by Section 437, Act 181 of 1993, is further amended to read:

"Section 24-13-210. (a)(A) Each A prisoner convicted of an offense against this State, except a `no parole offense' as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections including those prisoners a prisoner serving time in a local facility pursuant to a designated facilities facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good behavior conduct credit shall be is computed.
(B) A prisoner convicted of a `no parole offense' against this State as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected

(b)(C) Each A prisoner convicted of an offense against this State and confined in sentenced to a local correctional facility, or upon the public works of any county in this State, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein where he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good behavior conduct credits must be computed.

(c)(D) If, during the term of imprisonment, a prisoner confined in a facility of the department commits any an offense or violates any one of the rules of the institution during his term of imprisonment, all or any part of his the good conduct time credit he has earned may be forfeited at in the discretion of the Director of the Department of Corrections, if the. If a prisoner be confined in facilities of the department, or a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the local official having charge of prisoners sentenced to terms of imprisonment at the local level the prisoner. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.

(d)(E) Any person who has served the term of imprisonment for which he has been sentenced less deductions allowed therefrom for good conduct, is considered upon release to have served the entire term for which he was sentenced unless the person is required to complete a community supervision program pursuant to Section 24-21-560. If the person is required to complete a community supervision program, he must complete

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