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S. 804
STATUS INFORMATION
General Bill
Sponsors: Senator Fair
Document Path: l:\council\bills\swb\6514cm05.doc
Introduced in the Senate on April 28, 2005
Currently residing in the Senate Committee on Corrections and Penology
Summary: Certain inmates may apply for medical furlough
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/28/2005 Senate Introduced and read first time SJ-3 4/28/2005 Senate Referred to Committee on Corrections and Penology SJ-3
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND SECTION 24-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE GRANTING OF FURLOUGHS TO CERTAIN INMATES CONFINED IN THE STATE PRISON SYSTEM, SO AS TO PROVIDE THAT CERTAIN INMATES MAY APPLY FOR A MEDICAL FURLOUGH UNDER CERTAIN CIRCUMSTANCES, AND TO PROVIDE THAT AN INMATE WHO RECEIVES A FURLOUGH PURSUANT TO THIS PROVISION MUST BE EQUIPPED WITH AN ELECTRONIC MONITORING DEVICE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-3-210 of the 1976 Code, as last amended by Act 477 of 1994, is further amended to read:
"Section 24-3-210. (A) The director may extend the limits of the place of confinement of a prisoner, where there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to:
(1) contact prospective employers;
(2) secure a suitable residence for use when released on parole or upon discharge;
(3) obtain medical services not otherwise available;
(4) participate in a training program in the community or any other compelling reason consistent with the public interest;
(5) visit or attend the funeral of a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person, though not a natural parent, who has acted in the place of a parent), brother, or sister.
(B) The director may extend the limits of the place of confinement of a terminally ill inmate for an indefinite length of time when there is reasonable cause to believe that the inmate will honor his trust.
(C) The wilful failure of a prisoner to remain within the extended limits of his confinement or return within the time prescribed to the places of confinement designated by the director is considered an escape from the custody of the director punishable as provided in Section 24-13-410.
(D) An inmate who has not been convicted of an offense that is considered sexual in nature may apply for a medical furlough if he is determined to be medically incapacitated by two Department of Corrections physicians. An inmate who is granted a furlough pursuant to this subsection must be equipped with an electronic monitoring device to verify his compliance with the conditions of his furlough.
(E) The director may not extend the benefits of this section to a person convicted of a violent crime as defined in Section 16-1-60 unless all of the following persons recommend in writing that the offender be allowed to participate in the furlough program in the community where the offense was committed:
(1) in those cases where, as applicable, the victim of the crime for which the offender is charged, or the relatives of the victim who have applied for notification pursuant to the provisions of Article 15, Chapter 3, Title 16 if the victim has died;
(2) the law enforcement agency which employed the arresting officer of the offender; and
(3) the solicitor in whose circuit the offender was convicted."
SECTION 2. This act takes effect upon approval by the Governor.
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