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Current Status Bill Number:View additional legislative information at the LPITS web site.3730 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010320 Primary Sponsor:Harrison All Sponsors:Harrison Drafted Document Number:l:\council\bills\skb\18297som01.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Administrative Law Judge Division, to hear cases of inmates on grievances, probation or parole; Courts, Prisons History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20010320 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTION 1-23-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF THE ADMINISTRATIVE LAW JUDGE DIVISION, SO AS TO INCLUDE JURISDICTION TO HEAR CASES RELATED TO GRIEVANCES OF INMATES ASSIGNED TO THE DEPARTMENT OF CORRECTIONS AND CASES RELATED TO THE DENIAL OR REVOCATION OF PROBATION OR PAROLE BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES; AND TO AMEND SECTION 17-27-45, AS AMENDED, RELATING TO FILING PROCEDURES FOR POST CONVICTION RELIEF APPLICATIONS, SO AS TO PROVIDE A TIME FRAME FOR POST CONVICTION RELIEF APPLICATIONS BASED ON DECISIONS IN INMATE GRIEVANCE MATTERS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 1-23-600(B) and (D) of the 1976 Code, as last amended by Act 92 of 1995, is further amended to read:
"(B) An administrative law judge of the division shall preside over all hearings of contested cases as defined in Section 1-23-310 involving the departments of the executive branch of government in which a single hearing officer is authorized or permitted by law or regulation to hear and decide such cases, except those:
(1) cases arising under the Occupational Safety and Health Act,;
(2) those matters which are otherwise provided for in Title 56, or ;
(3) cases related to the level, custody, sentence calculation, assignment transfer, discipline, or conditions of imprisonment of an inmate assigned to the Department of Corrections;
(4) cases involving the denial or revocation of probation or parole by the Department of Probation, Parole, and Pardon Services; or
(5) those other cases or hearings which are prescribed for or mandated by federal law or regulation, unless otherwise by law statute or regulation specifically assigned to the jurisdiction of the Administrative Law Judge Division.
(D) An administrative law judge of the division also shall preside over all hearings of appeals from final decisions of contested cases before professional and occupational licensing boards or commissions within the Department of Labor, Licensing and Regulation pursuant to Section 1-23-380 or as otherwise provided by statute or regulation."
SECTION 2. Section 17-27-45(A) of the 1976 Code is amended to read:
"(A) An application for relief filed pursuant to this chapter must be filed within one year after the entry of a judgment of conviction or within one year after the sending of the remittitur to the lower court from an appeal or the filing of the final decision upon an appeal, whichever is later, or within thirty days after the final decision of the Department of Corrections in inmate grievance matters involving sentence-related credits or other conditions of imprisonment."
SECTION 3. This act takes effect upon approval by the Governor and applies to all inmate grievance cases or cases involving the denial or revocation of probation or parole filed on or after that date.
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