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"Section 24-13-220. The provisions of Section 24-13-210 shall also apply to persons whose sentences have has been commuted, and in computing the time to be credited on the sentence as commuted the basis shall be on the record of the prisoner from the date of commutation. And when a sentence has been imposed and a portion thereof suspended, when a portion of a sentence which has been imposed is suspended. Credits earned time off for good behavior conduct shall be deducted from and computed on the time the person is actually required to serve, and the suspended sentence shall begin on the date of his release from servitude as herein provided."

SECTION 28. Section 24-13-230 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-13-230. (a) (A) The Director of the Department of Corrections may allow any prisoner in the custody of the department, except a prisoner convicted of a `no parole offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. However, no inmate serving the sentence of life imprisonment is entitled to credits under this provision. A maximum annual credit for both work credit and class education credit is limited to one hundred eighty days. The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. No credits earned under this section may be applied in a manner which would prevent full participation in the department's prerelease program.
(B) The Director of the Department of Corrections may allow a prisoner in the custody of the department serving a sentence for a `no parole offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of six days for every month he is

(D) The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. If a prisoner commits an offense or violates one of the rules of the institution during his term of imprisonment all or part of the work credit or education credit he has earned may be forfeited in the discretion of the official having charge of the prisoner.
(b) (E) The official in charge of a local detention or correctional facility in to which persons convicted of offenses against the State serve sentences of confinement are sentenced shall allow any inmate serving such a sentence in the custody of the facility who is assigned to a mandatory productive duty assignment a reduction from the term of his sentence of zero to one day for every two days so employed. The amount of credit to be earned for each duty classification must be determined by the official in charge of the local detention or correctional facility and published by him in a conspicuous place available to inmates.

(c) (F)(1) An individual is only eligible for the educational credits provided for in this section, upon successful participation in an academic, technical, or vocational training program.

(2) The educational credit provided for in this section, is not available to any individual convicted of a violent crime as defined in Section 16-1-60.

(d)(G) The South Carolina Department of Corrections may not pay any tuition for college courses."

SECTION 29. Section 24-13-610 of the 1976 Code is amended to read:

"Section 24-13-610. The Department of Corrections (department) may establish an extended work release program. The program may allow the exceptional regular work release resident, male or female, convicted of a first and not more than a second offense, the opportunity of extended work

SECTION 30. Section 24-13-650 of the 1976 Code is amended to read:

"Section 24-13-650. No offender committed to incarceration under for a violent offense as defined in Section 16-1-60 or a `no parole offense' as defined in Section 24-13-100 may be released back into the community in which the offender committed the offense under the work release program, except in those cases wherein, where applicable, the victim of the crime for which the offender is charged or the relatives of the victim who have applied for notification under Section 16-3-1530 if the victim has died, the law enforcement agency which employed the arresting officer at the time of the arrest, and the circuit solicitor all agree to recommend that the offender be allowed to participate in the work release program in the community where the offense was committed. The victim or the victim's nearest living relative, the law enforcement agency, and the solicitor, as referenced above, must affirm in writing that the offender be allowed to return to the community in which the offense was committed to participate in the work release program."

SECTION 31. Section 24-13-710 of the 1976 Code is amended to read:

"Section 24-13-710. The Department of Corrections and the Department of Probation, Parole and Pardon Services shall jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a supervised furlough program which permits carefully screened and selected inmates who have served the mandatory minimum sentence as required by law or have not committed a violent crime as defined in Section 16-1-60, a `no parole offense' as defined in Section 24-13-100, nor committed the crime of criminal sexual conduct in the third degree as defined in Section 16-3- 654, or the crime of committing or attempting a lewd act upon a child under the age of fourteen as defined in Section 16-15-140 to be released on furlough prior to parole eligibility and under the supervision of state probation and parole agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or

(1) maintain a clear disciplinary record for at least six months prior to consideration for placement on the program;

(2) demonstrate to Department of Corrections' officials a general desire to become a law-abiding member of society;

(3) satisfy any other reasonable requirements imposed upon him by the Department of Corrections;

(4) have an identifiable need for and willingness to participate in authorized community-based programs and rehabilitative services;

(5) have been committed to the State Department of Corrections with a total sentence of five years or less as the first or second adult commitment for a criminal offense for which the inmate received a sentence of one year or more. The Department of Corrections shall notify victims pursuant to Section 16-3- 1530(c) as well as the sheriff's office of the place to be released before releasing inmates through any supervised furlough program.

These requirements do not apply to the crimes referred to in this section."

SECTION 32. Section 24-13-720 of the 1976 Code is amended to read:

"Section 24-13-720. Unless sentenced to life imprisonment, an inmate under the jurisdiction or control of the Department of Corrections who has not been convicted of a violent crime under the provisions of Section

SECTION 33. Section 24-13-1310 of the 1976 Code is amended to read:

"Section 24-13-1310. As used in this article:

(1) `Eligible inmate' means a person committed to the South Carolina Department of Corrections:

(a) who has not reached the age of thirty years at the time of admission to the department;

(b) who is eligible for release on parole in two years or less;

(c) who has not been convicted of a violent crime as defined in Section 16- 1-60 or a `no parole offense' as defined in Section 24-13-100;

(d) who has not been incarcerated previously in a state correctional facility or has not served a sentence previously in a shock incarceration program;

(e) who physically is able to participate in the program;
(f) whose sentence specifically does not prohibit the offender from participating in the shock incarceration program.

(2) `Shock incarceration program' means a program pursuant to which eligible inmates are selected directly at reception centers ordered by the court to participate in the program and serve ninety days in an incarceration facility, which provides rigorous physical activity, intensive regimentation, and discipline and rehabilitation therapy and programming.

(3) `Director' means the Director of the Department of Corrections."

SECTION 34. Section 24-13-1320 of the 1976 Code is amended to read:

"Section 24-13-1320. (A) The director of the department, guided by consideration for the safety of the community and the welfare of the inmate, shall promulgate regulations, according to procedures set forth in the Administrative Procedures Act, for the shock incarceration program. The regulations must reflect the purpose of the program and include, but are not limited to, selection criteria, inmate discipline, programming and supervision, and program structure and administration.

(D) (C) The department shall undertake studies and prepare reports periodically on the impact of a program and on whether the programmatic objectives are met."

SECTION 35. Section 24-13-1330 of the 1976 Code is amended to read:

"Section 24-13-1330. (A) An eligible inmate may make an application to the shock incarceration screening committee for permission to participate in a shock incarceration program. If the department has a victim witness notification request for an eligible inmate who has made an application, it shall notify the victim of the application.

(B) The committee shall consider input received from law enforcement agencies, victims, and others in making its decision for approval or disapproval of participation. If the committee determines that an inmate's participation in a program is consistent with the safety of the community, the welfare of the applicant, and the regulations of the department, the committee shall forward the application to the director or his designee for approval or disapproval.
(A) A court may order that an `eligible inmate' be sentenced to the `Shock Incarceration Program'. If an `eligible inmate' is sentenced to the `Shock Incarceration Program' he must be transferred to the custody of the department for evaluation.

(B) The department must evaluate the inmate to determine whether the inmate is physically, psychologically, and emotionally able to participate in this program.

(C) The director shall notify the court within fifteen working days if the inmate is physically, psychologically, or emotionally unsuitable for participation in the `Shock Incarceration Program'. An unsuitable inmate must be returned to court for sentencing to another term as provided by law.
(C) (D) An applicant may not participate in a program unless he agrees to be bound by all of its terms and conditions and indicates this agreement by signing the following:

`I accept the foregoing program and agree to be bound by its terms and conditions. I understand that my participation in the program is a

(D) (E) An inmate who has completed a shock incarceration program successfully is eligible to receive a certificate of earned eligibility and must be granted parole release.

(E) (F) Participation in a shock incarceration program is a privilege. Nothing contained in this article confers upon an inmate the right to participate or continue to participate in a program."

SECTION 36. Section 24-13-1590(2) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(2) diminishes the lawful authority of the courts of this State, the Department of Juvenile Justice, or the Department of Probation, Parole and Pardon Services to regulate or impose conditions for probation, or parole, or community supervision."

SECTION 37. Section 24-19-160 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-19-160. Nothing in this chapter shall limit limits or affect affects the power of any a court to suspend the imposition or execution of any a sentence and place a youthful offender on probation.

Nothing in this chapter shall may be construed to amend, repeal, or affect the jurisdiction of the Department of Probation, Parole and Pardon Services or the Probation, Parole, and Pardon Services Board. For purposes of community supervision or parole purposes, a sentence pursuant to Section 24-19-50(e) shall be considered a sentence for six years."

SECTION 38. Section 24-21-10 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"Section 24-21-10. (A) The Department of Probation, Parole, and Pardon Services, hereafter referred to as the `department', is governed by the Director of Probation, Parole, and Pardon Services, director of the department hereafter referred to as the `director'. The director must be appointed by the Governor with the advice and consent of the Senate.

(B) The Board of Probation, Parole, and Pardon Services is composed of seven members. The terms of office of the members are for six years. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at large. Vacancies must be filled by gubernatorial appointment with the advice and

(C) The Governor shall deliver an appointment within sixty days of the expiration of a term, if an individual is being reappointed, or within ninety days of the expiration of a term, if an individual is an initial appointee. If a board member who is being reappointed is not confirmed within sixty days of receipt of the appointment by the Senate, the appointment is deemed considered rejected. For an initial appointee, if confirmation is not made within ninety days of receipt of the appointment by the Senate, the appointment is deemed rejected. The Senate may by resolution extend the period after which an appointment is deemed considered rejected. If the failure of the Senate to confirm an appointee would result in the lack of a quorum of board membership, the seat for which confirmation is denied or rejected shall not be considered when determining if a quorum of board membership exists."

SECTION 39. Section 24-21-13 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-21-13. (A) It is the duty of the director to oversee, manage, and control the department. The director shall develop written policies and procedures for the following:

(1) the supervising of offenders on probation, parole, community supervision, and other offenders released from incarceration prior to the expiration of their sentence;

(2) the consideration of paroles and pardons and the supervision of offenders in the community supervision program, and other offenders released from incarceration prior to the expiration of their sentence. The requirements for an offender's participation in the community supervision program and an offender's progress toward completing the program are to be decided administratively by the Department of Probation, Parole and Pardon Services. No inmate or future inmate shall have a `liberty interest' or an `expectancy of release' while in a community supervision program administered by the department;

(3) the operation of community-based correctional programs; and

(4) the operation of public work sentence programs for offenders as provided in item (1) of this subsection. This program also may be utilized as an alternative to technical revocations. The director shall establish

(B) It is the duty of the board to consider cases for parole, and pardon, and any other form of clemency provided for under law."

SECTION 40. Section 24-21-30 of the 1976 Code is amended to read:

"Section 24-21-30. (A) A person who commits a `no parole offense' as defined in Section 24-13-100 on or after the effective date of this section is not eligible for parole consideration, but must complete a community supervision program as set forth in Section 24-21-560 prior to discharge from the sentence imposed by the court. For all offenders who are eligible for parole, The the board shall hold regular meetings, as may be necessary to carry out its duties, but at least four times each year, and as many extra meetings as the chairman, or the Governor acting through the chairman, may order. The board may preserve order at its meetings and punish any disrespect or contempt committed in its presence. The chairman may direct the members of the board to meet as three-member panels to hear matters relating to paroles and pardons as often as necessary to carry out the board's responsibilities. Membership on such these panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the board, and the panel may issue an order of parole with the same force and effect of an order issued by the full board pursuant to Section 24-21-650. Any vote that is not unanimous shall not be considered as a decision of the board, and the matter shall be referred to the full board which shall decide it based on a vote of a majority of the membership.
(B) The board may grant parole to an offender who commits a violent crime as defined in Section 16-1-60 which is not included as a `no parole offense' as defined in Section 24-13-100 on or after the effective date of this section by a two-thirds majority vote of the full board. The board may grant parole to an offender convicted of an offense which is not a violent crime as defined in Section 16-1-60 or a `no parole offense' as defined in Section 24-13-100 by a unanimous vote of a three-member panel or by a majority vote of the full board.
Nothing in this subsection may be construed to allow any person who commits a `no parole offense' as defined in Section 24-13-100 on or after the effective date of this section to be eligible for parole."

SECTION 41. Section 24-21-50 of the 1976 Code is amended to read:

"Section 24-21-50. The board shall grant hearings and permit arguments and appearances by counsel or any individual before it at any such hearing while considering any a case for parole, pardon, or any other form of

SECTION 42. Section 24-21-60 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-21-60. Every Each city, county, or state official or department shall assist and cooperate to further the objectives of this chapter. The board, the director of the department, and the probation agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The director may conduct surveys of the State Penitentiary state correctional facilities, county jails, and camps and obtain information to enable the board to pass intelligently upon all applications for parole. The Director of the Department of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the director and the probation agents in the surveys."

SECTION 43. Section 24-21-80 of the 1976 Code is amended to read:

"Section 24-21-80. Every person granted parole by the board and every An adult placed on probation, parole, or community supervision by a court of competent jurisdiction shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. The regular supervision fee must be determined by the department Department of Probation, Parole and Pardon Services based upon the ability of the person to pay. The fee must be not less than twenty dollars nor more than one hundred dollars per month. The fee is due on the date of sentencing or as soon as determined by the department and each subsequent anniversary for the duration of the supervision period. The department shall remit from the fees collected an amount not to exceed the regular supervision fees collected during fiscal year 1992-93 for credit to the State General Fund. All regular supervision fees collected in excess of the fiscal year 1992-93 amount must be retained by the department, carried forward, and applied to the department's operation. The payment of the fee must be a condition of parole or probation, parole, or community supervision, and a delinquency of two months or more in making payments may operate as a revocation of parole or probation rendering the violator liable to serving out any remaining part of his sentence, after determination by the board or the court.

If a probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board places a parolee under intensive supervision, or if an inmate who is participating in the Supervised Furlough Program is placed under intensive supervision, or if a person

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