Journal of the House of Representatives
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995
Page Finder Index
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Printed Page 430, Jan. 19
| Printed Page 453, Jan. 19
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Printed Page 440 . . . . . Thursday, January 19,
1995
H. 3337 -- Rep. Scott: A BILL TO AMEND SECTION 38-73-455, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO AUTOMOBILE INSURANCE RATES, SO AS TO
RAISE THE THRESHOLD MONETARY LEVELS WITH RESPECT TO "CHARGEABLE"
ACCIDENTS; AND TO PROVIDE THAT THE THRESHOLD AMOUNTS, AS CHANGED BY THIS ACT,
APPLY ONLY TO ACCIDENTS OCCURRING AFTER JUNE 30, 1995, AND ALSO APPLY TO ANY
MERIT RATING PLAN PROMULGATED PURSUANT TO SECTION 38-73-760.
Referred to Committee on Labor, Commerce and Industry.
ROLL CALL
The roll call of the House of Representatives was taken resulting as
follows.
Allison Anderson Askins
Bailey Baxley Beatty
Breeland Brown, G. Brown, H.
Brown, J. Brown, T. Byrd
Cain Carnell Cato
Cave Chamblee Clyburn
Cobb-Hunter Cooper Cotty
Cromer Dantzler Davenport
Delleney Easterday Elliott
Fair Felder Fleming
Fulmer Gamble Govan
Hallman Harrell Harris, J.
Harrison Haskins Herdklotz
Hines Hodges Howard
Huff Hutson Inabinett
Jaskwhich Jennings Keegan
Kelley Kennedy Keyserling
Kinon Kirsh Klauber
Knotts Koon Lanford
Law Limbaugh Limehouse
Littlejohn Lloyd Marchbanks
Martin Mason McAbee
McCraw McKay McTeer
Printed Page 441 . . . . . Thursday, January 19,
1995
Meacham Moody-Lawrence Neal
Neilson Phillips Rhoad
Rice Richardson Riser
Rogers Sandifer Scott
Seithel Sheheen Shissias
Simrill Smith, D. Smith, R.
Spearman Stille Stoddard
Stuart Thomas Townsend
Tripp Trotter Tucker
Vaughn Waldrop Walker
Wells Whatley Whipper, L.
Whipper, S. White Wilder
Wilkes Wilkins Williams
Witherspoon Wofford Worley
Wright Young, A. Young, J.
STATEMENT OF ATTENDANCE
I came in after the roll call and was present for the Session on Thursday,
January 19.
Alfred B. Robinson, Jr. C. Alex Harvin, III
B. Hicks Harwell William D. Boan
Patrick B. Harris Joseph T. McElveen, Jr.
Total Present--120
STATEMENT OF ATTENDANCE
Rep. McELVEEN signed a statement with the Clerk that he came in after the roll
call of the House and was present for the Session on Wednesday, January 18.
DOCTOR OF THE DAY
Announcement was made that Dr. Capers Hiott of Sumter is the Doctor of the Day
for the General Assembly.
SPECIAL PRESENTATION
Rep. STUART, and the Lexington County Delegation, presented to the House the
Swansea High School Tigers Football Team, winners of the 1994 State Class AA
Championship, and its coaches.
Printed Page 442 . . . . . Thursday, January 19,
1995
ORDERED ENROLLED FOR RATIFICATION
The following Bill was read the third time, passed and, having received three
readings in both Houses, it was ordered that the title be changed to that of an
Act, and that it be enrolled for ratification.
S. 334 -- Senators McGill, Glover and Leatherman: A BILL TO AMEND ARTICLE 1,
CHAPTER 31, TITLE 33, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
NONPROFIT CORPORATIONS LOCATED IN FLORENCE COUNTY, SO AS TO AUTHORIZE THE
FORMER
BOARD OF DIRECTORS OF A DISSOLVED NONPROFIT CORPORATION OR ELEEMOSYNARY
ORGANIZATION TO DISTRIBUTE THE REMAINING ASSETS OF THE ORGANIZATION AND TO
PROVIDE THAT EFFECTIVE TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, IF SUCH
DISTRIBUTION IS NOT ACCOMPLISHED WITHIN FIVE YEARS OF DISSOLUTION, THE
REMAINING
ASSETS ESCHEAT TO THE STATE.
ORDERED TO THIRD READING
The following Bills were taken up, read the second time, and ordered to a third
reading:
H. 3103 -- Reps. Shissias, Simrill, Cromer, L. Whipper, S. Whipper, Stille,
Kelley, Richardson, Gamble, Phillips and Spearman: A BILL TO AMEND SECTION
43-5-220, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO OBTAINING SUPPORT
PAYMENTS FROM ABSENT PARENTS, SO AS TO AUTHORIZE THE DEPARTMENT OF SOCIAL
SERVICES TO PURSUE STATE AND FEDERAL TAX REFUND OFFSETS FOR DELINQUENT CHILD
SUPPORT PAYMENTS EVEN IF PERIODIC PAYMENTS ON THE DELINQUENCY ARE BEING MADE
OR
EVEN IF THE DELINQUENT AMOUNT HAS BEEN PLACED IN ABEYANCE.
Rep. HUFF explained the Bill.
H. 3104 -- Reps. Shissias, Stille and Kelley: A BILL TO AMEND SECTION
20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN
INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION
OF
"SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE.
Rep. HUFF explained the Bill.
Printed Page 443 . . . . . Thursday, January 19,
1995
H. 3140--POINT OF ORDER
The following Bill was taken up.
H. 3140 -- Reps. McTeer and Lloyd: A BILL TO AMEND SECTION 7-13-1640, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO VOTING MACHINE REQUIREMENTS, SO AS
TO
DELETE THE REQUIREMENT THAT THE STATE BOARD OF VOTING MACHINE COMMISSIONERS
BE
PROVIDED WITH A MECHANICAL VOTING MACHINE MODEL SUITABLE FOR THE
INSTRUCTION OF
VOTERS.
The Judiciary Committee proposed the following Amendment No. 1 (Doc Name
L:\council\legis\amend\PT\1612DW.95).
Amend the bill, as and if amended, Page 2, by striking Lines 8 through 12 which
read:
/(8) be provided with a counter which shall show shows at all
times during an election how many persons have voted; and
(9) Be provided with a mechanical model, illustrating the manner of voting
on the machine, suitable for the instruction of voters; and (Vacant)/
and inserting:
/(8) be provided with a counter which shows at all times during an election how
many persons have voted; and
(9) be provided with a either an illustration or mechanical
model, illustrating demonstrating the manner of voting on the
machine, suitable for the instruction of voters; and/
Amend title to conform.
Rep. CROMER explained the amendment.
POINT OF ORDER
Rep. L. WHIPPER made the Point of Order that the Bill was improperly before the
House for consideration since printed copies of the Bill have not been upon the
desks of the members for one day.
The SPEAKER sustained the Point of Order.
H. 3281--OBJECTIONS
The following Joint Resolution was taken up.
H. 3281 -- Judiciary Committee: A JOINT RESOLUTION PROPOSING AN AMENDMENT TO
ARTICLE III, SECTION 2 OF THE CONSTITUTION OF SOUTH CAROLINA, 1895, RELATING TO
Printed Page 444 . . . . . Thursday, January 19,
1995
THE HOUSE OF REPRESENTATIVES, SO AS TO PROVIDE THAT HOUSE
MEMBERS MAY SERVE ONLY SIX COMPLETE TWO-YEAR TERMS AND TO PROVIDE THAT
HOUSE
MEMBERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO LAW MAY
COMPLETE
THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS SIX NEW TERMS THEREAFTER;
PROPOSING AN AMENDMENT TO ARTICLE III, SECTION 6 OF THE CONSTITUTION, RELATING
TO THE SENATE, SO AS TO PROVIDE THAT SENATORS MAY SERVE ONLY THREE COMPLETE
FOUR-YEAR TERMS, TO PROVIDE THAT SENATORS SERVING IN OFFICE WHEN THIS
PROVISION
IS RATIFIED INTO LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING
PLUS
THREE NEW TERMS THEREAFTER, AND TO REVISE CERTAIN OBSOLETE REFERENCES; AND
PROPOSING AN AMENDMENT TO ARTICLE VI, SECTION 7 OF THE CONSTITUTION, RELATING
TO
THE CONSTITUTIONAL OFFICERS OF THIS STATE, SO AS TO PROVIDE THAT CONSTITUTIONAL
OFFICERS MAY SERVE ONLY THREE COMPLETE FOUR-YEAR TERMS AND TO PROVIDE THAT
CONSTITUTIONAL OFFICERS SERVING IN OFFICE WHEN THIS PROVISION IS RATIFIED INTO
LAW MAY COMPLETE THE TERM WHICH THEY ARE CURRENTLY SERVING PLUS THREE NEW
TERMS
THEREAFTER.
Reps. WELLS, D. SMITH, CATO, MASON, SHARPE, HARRISON, KELLEY, COOPER, J. YOUNG,
A. YOUNG, WOFFORD, KLAUBER, KNOTTS and DANTZLER objected to the Joint
Resolution.
H. 3307--POINT OF ORDER
The following Bill was taken up.
H. 3307 -- Reps. J. Brown, Baxley, Jennings, Limbaugh, Law, H. Brown, Cotty,
Knotts, Witherspoon, A. Young, Townsend, Clyburn, Moody-Lawrence, Rogers,
Fleming, Walker, Scott, Hines, Stuart, R. Smith, Neal, Littlejohn, Anderson,
Cave, Lanford, Kennedy, Inabinett, Tripp, Stille, Hallman, Phillips, G. Brown,
Simrill, Govan, Wright, Wilder, Neilson, S. Whipper, Harwell, Richardson,
Breeland, Shissias, Easterday, Fair, Harrison, L. Whipper, Vaughn, Wells,
Spearman, McCraw, Herdklotz, Huff, Beatty, Williams, Riser, Kelley, Cooper,
J. Young, T. Brown, Dantzler, Haskins, Sharpe, Klauber, Kirsh, Thomas, Byrd,
Mason, Davenport and Jaskwhich: A BILL TO AMEND SECTION 40-51-30, AS AMENDED,
CODE OF LAWS OF SOUTH
Printed Page 445 . . . . . Thursday, January 19,
1995
CAROLINA, 1976, RELATING TO THE BOARD OF PODIATRY, ITS MEMBERS,
TERMS, AND REMOVAL, SO AS TO REVISE THE PROCEDURES FOR NOMINATING MEMBERS
AND
FOR REMOVAL FROM OFFICE AND TO DELETE THE PROVISIONS PERTAINING TO A MEDICAL
CONSULTANT AND A LEGAL ADVISOR TO THE BOARD; TO AMEND SECTION 40-51-80,
RELATING
TO EXAMINATIONS TO PRACTICE PODIATRIC MEDICINE, SO AS TO REQUIRE THE BOARD TO
OFFER THEM TWICE ANNUALLY; TO AMEND SECTION 40-51-110, RELATING TO RECIPROCITY,
SO AS TO ALLOW RECIPROCAL LICENSING WITHOUT TAKING AN EXAMINATION; TO AMEND
SECTION 40-51-130, RELATING TO RECORDING OF LICENSES WITH COUNTY CLERK OF COURT,
SO AS TO DELETE THIS REQUIREMENT; TO AMEND SECTION 40-51-160, RELATING TO
DISCIPLINARY ACTION BY THE BOARD, SO AS TO AUTHORIZE THE BOARD TO REQUIRE
MENTAL
OR PHYSICAL EXAMINATIONS AND ACCESS TO RECORDS AND TO USE THEM IN
PROCEEDINGS
AND TO PROVIDE PENALTIES FOR REFUSAL TO CONSENT TO THESE EXAMINATIONS AND
ACCESS
TO RECORDS; AND TO AMEND SECTION 44-7-70, RELATING TO REPORTS BY THE STATE
BOARD
OF MEDICAL EXAMINERS CONCERNING DISCIPLINARY ACTION AGAINST PHYSICIANS, SO AS
TO
REQUIRE SUCH REPORTS ON PODIATRISTS.
POINT OF ORDER
Rep. A. YOUNG made the Point of Order that the Bill was improperly before the
House for consideration since printed copies of the Bill have not been upon the
desks of the members for one day.
The SPEAKER sustained the Point of Order.
SENT TO THE SENATE
The following Bill was taken up, read the third time, and ordered sent to the
Senate.
H. 3238 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 24-3-435 SO AS TO ALLOW LOCAL GOVERNMENTS,
SCHOOL DISTRICTS, AND CHARITABLE ORGANIZATIONS TO USE INMATES TO PERFORM
CONSTRUCTION, REPAIR, AND MAINTENANCE SERVICES; BY ADDING SECTION 24-13-100 SO
AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK
RELEASE; BY ADDING SECTION
Printed Page 446 . . . . . Thursday, January 19,
1995
24-13-150 SO AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET
TO BECOME ELIGIBLE FOR EARLY RELEASE; BY ADDING SECTION 24-13-175 SO AS TO
PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED BE COMPUTED BASED UPON A
THREE
HUNDRED AND SIXTY-FIVE DAY YEAR; BY ADDING SECTION 24-21-560 SO AS TO PROVIDE A
PERSON WHO COMMITS A CRIME SATISFACTORILY COMPLETE A COMMUNITY SUPERVISION
PROGRAM BEFORE HIS RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, TO REQUIRE THE
DEPARTMENT OF CORRECTIONS TO NOTIFY THE DEPARTMENT OF PROBATION AND
COMMUNITY
SUPERVISION OF AN INMATE'S PROJECTED RELEASE DATE, AND TO REQUIRE THE
DEPARTMENT
OF PROBATION AND COMMUNITY SUPERVISION TO NOTIFY VICTIMS AND THE LOCAL
SHERIFF'S
OFFICE OF THE PLACE WHERE THE INMATE IS TO BE RELEASED WHEN HE IS PLACED IN
COMMUNITY SUPERVISION; TO AMEND SECTIONS 1-30-10 AND 1-30-85, RELATING TO
DEPARTMENTS RESTRUCTURED WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT,
SO AS
TO CHANGE THE NAME OF THE DEPARTMENT OF PROBATION, PARDON AND PAROLE TO THE
DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION, RESPECTIVELY; TO AMEND
SECTION 16-3-20, AS AMENDED, RELATING TO THE SEPARATE SENTENCING PROCEEDING TO
DETERMINE WHETHER A SENTENCE SHOULD BE DEATH OR LIFE IMPRISONMENT FOR A
PERSON
CONVICTED OF MURDER, SO AS TO REVISE THE TERMS OF IMPRISONMENT THAT MAY BE
IMPOSED DURING THIS PROCEEDING; TO AMEND SECTION 16-3-625, RELATING TO RESISTING
ARREST WITH A DEADLY WEAPON, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE
CHARGED WITH THE CRIME, REVISE THE PENALTY, AND TO REVISE THE DEFINITION OF
"DEADLY WEAPON"; TO AMEND SECTION 16-3-1180, AS AMENDED, RELATING TO
THE COMPENSATION OF CRIME VICTIMS, SO AS TO REVISE THE MAXIMUM AWARD A CRIME
VICTIM MAY RECEIVE; TO AMEND SECTION 16-3-1260, RELATING TO THE REIMBURSEMENT
OF
THE STATE BY A CONVICTED PERSON FOR PAYMENT FROM THE VICTIM'S COMPENSATION
FUND,
SO AS TO ELIMINATE THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS' RIGHT
TO
MAKE PAYMENT OF THE DEBT OR A PORTION OF THE DEBT A CONDITION OF PAROLE, TO
SUBSTITUTE "STATE OFFICE OF VICTIM
Printed Page 447 . . . . . Thursday, January 19,
1995
ASSISTANCE" FOR "VICTIM'S COMPENSATION FUND" AND
TO SUBSTITUTE "SOUTH CAROLINA DEPARTMENT OF PROBATION AND COMMUNITY
SUPERVISION" FOR "SOUTH CAROLINA BOARD OF PAROLE AND COMMUNITY
CORRECTIONS"; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE
RIGHTS OF VICTIMS AND WITNESSES, SO AS TO SUBSTITUTE "DEPARTMENT OF
PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION,
PAROLE, AND PARDON SERVICES", TO ALLOW THE DEPARTMENT OF PROBATION AND
COMMUNITY SUPERVISION AND THE DEPARTMENT OF CORRECTIONS TO DISCLOSE BETWEEN
THE
TWO DEPARTMENTS INFORMATION PROVIDED TO VICTIMS AND WITNESSES, AND TO
ELIMINATE
RESTITUTION AS A CONDITION OF PAROLE; TO AMEND SECTION 16-3-1550, AS AMENDED,
RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO SUBSTITUTE THE
"DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR THE
"PAROLE AND COMMUNITY CORRECTIONS BOARD"; TO AMEND SECTION 16-11-311,
RELATING TO BURGLARY IN THE FIRST DEGREE, SO AS TO ELIMINATE PAROLE FOR THE
COMMISSION OF THE CRIME; TO AMEND SECTION 17-25-45, RELATING TO A SOLICITOR'S
DISCRETION TO INVOKE A LIFE SENTENCE UPON A PERSON CONVICTED THREE TIMES FOR
CERTAIN CRIMES, SO AS TO REDUCE THE NUMBER OF PRIOR CONVICTIONS TO TWO BEFORE
A
LIFE SENTENCE MAY BE IMPOSED, EXCEPT FOR A CRIME FOR WHICH A SENTENCE OF
DEATH
HAS BEEN IMPOSED, TO DEFINE "LIFE IMPRISONMENT", AND REQUIRE THE
SOLICITOR TO GIVE WRITTEN NOTICE OF HIS DECISIONS TO INVOKE SENTENCING UNDER
THIS PROVISION BEFORE TRIAL; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO
A
PRISONER'S PLACE OF CONFINEMENT, SO AS TO SUBSTITUTE "STATE CORRECTIONAL
FACILITY" FOR "STATE PENITENTIARY"; TO ALLOW AN INMATE'S SENTENCE
TO RUN CONCURRENTLY WITH A SENTENCE RENDERED IN ANOTHER STATE OR A SENTENCE
RENDERED ON THE FEDERAL LEVEL, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO
NOTIFY THE SOLICITOR, SHERIFF, JUDGE, AND REGISTERED VICTIMS BEFORE RELEASING
INMATES ON WORK RELEASE, TO ALLOW THE DEPARTMENT TO DENY WORK RELEASE
BASED ON
OPINIONS RECEIVED FROM THESE INDIVIDUALS, AND TO ALLOW INMATES TO PARTICIPATE
IN
THE DEPARTMENT OF
Printed Page 448 . . . . . Thursday, January 19,
1995
CORRECTIONS RESTITUTION PROGRAM; TO AMEND SECTION 24-3-410, AS
AMENDED, RELATING TO THE SALE OF PRISON-MADE PRODUCTS, SO AS TO ADD THE TERM
"COMMUNITY SUPERVISION"; TO AMEND SECTION 24-13-210, AS AMENDED,
RELATING TO REDUCTION OF A SENTENCE FOR GOOD BEHAVIOR, SO AS TO MODIFY THE
PROCEDURE FOR COMPUTING GOOD BEHAVIOR CREDITS, TO ELIMINATE AN INMATE'S
ABILITY
TO HAVE SERVED A FULL SENTENCE WHEN HE HAS SERVED THE TERM FOR WHICH HE WAS
SENTENCED, LESS CREDIT FOR GOOD BEHAVIOR, AND TO PROVIDE THAT CREDITS EARNED
UNDER THIS SECTION MAY NOT BE APPLIED TO PREVENT FULL PARTICIPATION IN A
COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-230, AS AMENDED,
RELATING
TO REDUCTION OF A SENTENCE FOR PARTICIPATION IN AN ACADEMIC, TECHNICAL, OR
VOCATIONAL TRAINING PROGRAM, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING
ACADEMIC AND WORK CREDITS, TO REDUCE THE MAXIMUM ANNUAL CREDIT FOR BOTH
WORK
CREDIT AND ACADEMIC CREDIT, TO NOT ALLOW A REDUCTION IN SENTENCE BELOW
CERTAIN
MINIMUMS, AND TO PROVIDE NO CREDIT EARNED UNDER THIS SECTION MAY BE APPLIED
TO
PREVENT FULL PARTICIPATION IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND
SECTION
24-13-1320, AS AMENDED, RELATING TO THE SHOCK INCARCERATION SELECTION
COMMITTEE,
SO AS TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER" AND
SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR
"DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; AND TO AMEND
SECTION 24-13-1330, AS AMENDED, RELATING TO AN INMATE'S PARTICIPATION IN THE
SHOCK INCARCERATION PROGRAM, SO AS TO MODIFY THE PROCEDURE AN INMATE IS
CONSIDERED FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, TO
SUBSTITUTE
"DIRECTOR" FOR "COMMISSIONER", TO ELIMINATE PAROLE FOR
INMATES WHO COMPLETE THE SHOCK INCARCERATION PROGRAM, BUT REQUIRE THEM TO
BE
RELEASED TO COMMUNITY SUPERVISION AND TO PAY RESTITUTION IF APPLICABLE; TO
AMEND
SECTION 24-13-1520, AS AMENDED, RELATING TO DEFINITIONS UNDER "HOME
DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND
COMMUNITY SERVICES" FOR "DEPARTMENT
Printed Page 449 . . . . . Thursday, January 19,
1995
OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND
SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT PROBATION AND
PAROLE AUTHORITY IS NOT DIMINISHED BY ANY PROVISION OF THE "HOME
DETENTION
ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY
SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES", AND TO NOT DIMINISH THE AUTHORITY OF THE COURTS, THE
DEPARTMENT
OF JUVENILE JUSTICE, OR THE DEPARTMENT OF PROBATION AND COMMUNITY SERVICES
TO
REGULATE OR IMPOSE CONDITIONS ON COMMUNITY SUPERVISION; TO AMEND SECTION
24-19-160, AS AMENDED, RELATING TO THE PROVISIONS THAT THE COURTS' POWERS AND
THE JURISDICTION OF THE PROBATION, PAROLE, AND PARDON BOARD ARE NOT AFFECTED
BY
THE DEPARTMENT OF CORRECTION'S TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO
SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR
"DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND TO
ELIMINATE THE PROVISION THAT MAKES FOR PAROLE PURPOSES A SENTENCE PURSUANT
TO
SECTION 24-19-5, SIX YEARS; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO
THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES
AND
THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO SUBSTITUTE
"DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR
"DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND SUBSTITUTE
"BOARD OF PARDONS" FOR "BOARD OF PROBATION, PAROLE, AND PARDON
SERVICES"; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE DUTIES OF
THE DIRECTOR AND BOARD OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES, SO AS TO REQUIRE THE DIRECTOR TO DEVELOP POLICIES AND PROCEDURE TO
PLACE AND SUPERVISE OFFENDERS ON COMMUNITY SUPERVISION, TO DEFINE COMMUNITY
SUPERVISION AND AN INMATE'S RIGHT TO BE PLACED IN THIS PROGRAM, AND TO LIMIT
THE
CASES THE BOARD MUST CONSIDER; TO AMEND SECTION 24-21-30, RELATING TO THE BOARD
OF PROBATION, PAROLE, AND PARDON SERVICES MEETINGS, SO AS TO ELIMINATE
GRANTING
PAROLE TO INMATES WHO COMMIT A CRIME
Printed Page 450 . . . . . Thursday, January 19,
1995
AFTER JUNE 30, 1996, AND TO MODIFY THE PROCEDURE FOR GRANTING
PAROLES; TO AMEND SECTION 24-21-50, RELATING TO HEARINGS, ARGUMENTS, AND
APPEARANCES BEFORE THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS
TO
LIMIT THE BOARD TO CONSIDER ONLY HEARINGS FOR PAROLE OR PARDONS AND NOT TO
ALLOW
AN INMATE THE RIGHT TO CONFRONTATION DURING THESE HEARINGS; TO AMEND SECTION
24-21-60, AS AMENDED, RELATING TO PUBLIC AGENCY AND OFFICIALS COOPERATING WITH
THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO ELIMINATE THE
DIRECTOR OF THE BOARD'S ABILITY TO CONDUCT SURVEYS OF CORRECTIONAL FACILITIES;
TO AMEND SECTION 24-21-80, AS AMENDED, RELATING TO SUPERVISION FEES PAID BY
PROBATIONERS AND PAROLEES, SO AS TO INCLUDE COMMUNITY SUPERVISION IN THE
PROGRAMS COVERED BY SUPERVISION FEES, TO GRANT THE DEPARTMENT OF PROBATION
AND
COMMUNITY SUPERVISION THE AUTHORITY TO DETERMINE SUPERVISION FEES, TO MAKE
PAYMENT OF A SUPERVISION FEE A CONDITION OF PROBATION, PAROLE, OR COMMUNITY
SUPERVISION, TO SUBSTITUTE "DEPARTMENT" FOR "BOARD" AND
"COMMUNITY SUPERVISION PROGRAM" FOR "SUPERVISED FURLOUGH
PROGRAM", AND TO REVISE THE CONDITIONS FOR WHICH A PERSON MAY BE
EXEMPTED
FROM PAYING SUPERVISION FEES; TO AMEND SECTION 24-21-220, AS AMENDED, RELATING
TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION,
PAROLE,
AND PARDON SERVICES, SO AS TO INCLUDE COMMUNITY SUPERVISION AMONG THE
PROGRAMS
HE MUST EMPLOY STAFF TO CARRY OUT HIS DUTIES; TO AMEND SECTION 24-21-230, AS
AMENDED, RELATING TO THE EMPLOYMENT AND TRAINING AND EXAMINING OF
PROBATION
AGENTS AND CLERICAL ASSISTANTS, SO AS TO FURTHER PROVIDE FOR THE TRAINING AND
EXAMINATION OF CERTAIN AGENTS; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING
TO THE DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO REQUIRE PROBATION
AGENTS
TO PROVIDE PERSONS RELEASED ON PAROLE OR COMMUNITY SUPERVISION A WRITTEN
STATEMENT OF THE TERMS OF THEIR RELEASE AND MAINTAIN CONTACT WITH AND
ENCOURAGE
THOSE IN COMMUNITY SUPERVISION TO IMPROVE THEIR CONDUCT AND
Printed Page 451 . . . . . Thursday, January 19,
1995
CONDITION, AND TO MAKE PROBATION AGENTS OFFICIAL
REPRESENTATIVES OF THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION
AND THE
BOARD OF PARDONS; TO AMEND SECTION 24-21-300, RELATING TO THE ISSUING OF A
CITATION AND AFFIDAVIT THAT A PERSON RELEASED PURSUANT TO THE PRISON
OVERCROWDING ACT IS IN VIOLATION OF HIS TERMS OF RELEASE, SO AS TO ALLOW
PROBATION AGENTS TO ISSUE CITATIONS AND AFFIDAVITS TO COMMUNITY SUPERVISION
RELEASEES, TO SUBSTITUTE "OFFENDER MANAGEMENT SYSTEMS ACT" FOR
"PRISON OVERCROWDING POWERS ACT", AND TO ALLOW A CERTIFICATE OF
SERVICE TO BE SUFFICIENT PROOF OF SERVICE THAT A CITATION HAS BEEN SERVED; TO
AMEND SECTION 24-21-910, RELATING TO THE DUTY OF THE PROBATION, PAROLE, AND
PARDON SERVICES BOARD WITH RESPECT TO REPRIEVES OR COMMUTATION OF DEATH
SENTENCES, SO AS TO SUBSTITUTE "BOARD OF PARDONS" FOR "PROBATION,
PAROLE, AND PARDON SERVICES BOARD"; TO AMEND SECTION 24-21-950, RELATING TO
GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDONS, SO AS TO ALLOW A CRIME
VICTIM OR A MEMBER OF A CONVICTED PERSON'S FAMILY TO PETITION FOR A PARDON FOR
A
PERSON WHO HAS COMPLETED COMMUNITY SUPERVISION OR HAS BEEN DISCHARGED FROM
A
SENTENCE AND TO ALLOW PERSONS DISCHARGED FROM A SENTENCE WITHOUT BENEFIT
OF
SUPERVISION BE CONSIDERED FOR A PARDON UPON THE REQUEST OF THE INDIVIDUAL
ANYTIME AFTER DISCHARGE; TO AMEND SECTION 24-23-20, RELATING TO THE CASE
CLASSIFICATION SYSTEM, SO AS TO MAKE TECHNICAL REVISIONS; TO AMEND SECTION
24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO SUBSTITUTE
"SUPERVISED PRISONERS" FOR "PAROLEES", TO INCLUDE COMMUNITY
SUPERVISION PROGRAMS IN THE COMMUNITY CORRECTIONS PLAN, SUBSTITUTE "STATE
PROBATION AGENTS" FOR "STATE PROBATION AND PAROLE AGENTS", AND
TO
SUBSTITUTE "COMMUNITY SUPERVISION" FOR "PAROLE"; TO AMEND
SECTION 24-23-40, AS AMENDED, RELATING TO THE DEVELOPMENT OF A COMMUNITY
CORRECTIONS PLAN, SO AS TO INCLUDE COMMUNITY SUPERVISION RELEASEES AMONG
INDIVIDUALS OBTAINING TREATMENT UNDER THE PLAN AND TO ELIMINATE THE CONDUCT
OF
RESEARCH AND SPECIAL
Printed Page 452 . . . . . Thursday, January 19,
1995
STUDIES ON THE ISSUE OF PAROLE OUTCOMES BY THE BOARD OF
PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND SECTION 24-23-115, AS AMENDED,
SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY
SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES"; TO AMEND SECTION 24-23-130, AS AMENDED, RELATING TO THE
TERMINATION OF SUPERVISION OF A PROBATIONER UPON RECOMMENDATION OF THE
RESPONSIBLE COUNTY PROBATION OFFICE, SO AS TO ELIMINATE THE TWO-YEAR PERIOD A
PROBATIONER OR SUPERVISED PRISONER MUST WAIT AFTER SATISFACTORILY COMPLETING
THE
CONDITIONS OF HIS PROBATION OR COMMUNITY SUPERVISION TO BECOME ELIGIBLE FOR
TERMINATION OF SUPERVISION; TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO
THE PAYMENT OF ASSESSMENTS AS A CONDITION OF PROBATION AND SUPERVISION FROM
RELEASE FROM PRISON, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND
COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND
PARDON SERVICES", AND TO SUBSTITUTE "TREASURER" FOR
"TREASURY"; TO REPEAL SECTION 24-1-200, RELATING TO THE DIRECTOR OF
THE DEPARTMENT OF CORRECTION'S ABILITY TO INQUIRE INTO INMATE'S SENTENCES, THE
CONDITIONS UNDER WHICH INMATES ARE CONFINED AND RECOMMENDATIONS FOR
CLEMENCY;
SECTION 24-13-60, RELATING TO THE REQUIREMENT THAT CLERKS OF COURT MUST NOTIFY
THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF PERSONS CONVICTED EACH TERM;
SECTION 24-13-270, RELATING TO THE PREMATURE RELEASE OF PRISONERS; SECTION
24-13-610, RELATING TO THE EXTENDED WORK RELEASE PROGRAM; SECTION 24-13-620,
RELATING TO THE REQUIREMENTS OF EXTENDED WORK RELEASE PROGRAM PARTICIPANTS;
SECTION 24-13-630, RELATING TO THE DUTIES OF THE DEPARTMENT OF CORRECTIONS
REGARDING THE EXTENDED WORK RELEASE PROGRAM; SECTION 24-13-710, RELATING TO
THE
IMPLEMENTATION OF GUIDELINES AND ELIGIBILITY CRITERIA FOR THE SUPERVISED
FURLOUGH PROGRAM; AND SECTION 24-13-720, RELATING TO INMATES WHO MAY BE
PLACED
IN A SUPERVISED FURLOUGH PROGRAM; TO DIRECT THE CODE COMMISSIONER TO MAKE
Printed Page 453 . . . . . Thursday, January 19,
1995
APPROPRIATE REVISIONS TO THE CODE; AND TO SAVE PENDING
MATTERS.
| Printed Page 430, Jan. 19
| Printed Page 453, Jan. 19
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