The Committee on Judiciary proposes the following Amendment No. 1 to H. 3322 (COUNCIL\AHB\3322C004.BH.AHB19):

Reference is to the bill as introduced.

Amend the bill, as and if amended, by striking SECTION 10 and inserting:

/ SECTION10. Section 24 -21-610 of the 1976 Code is amended to read:

"Section 24 -21-610. (A)In all cases cognizable under this chapter the board may, upon ten days ' written notice to the solicitor and judge who participated in the trial of any prisoner, parole a prisoner convicted of a crime and imprisoned in the state penitentiary, in any jail, or upon the public works of any county who if:

(1) sentenced for not more than thirty years has served at least one -third of the term;

(2) sentenced to life imprisonment or imprisonment for any period in excess of thirty years, has served at least ten years.

(B)If after January 1, 1984, the board finds that the statewide case classification system provided for in Chapter 23 of this title has been implemented, that an intensive supervision program for parolees who require more than average supervision has been implemented, that a system for the periodic review of all parole cases in order to assess the adequacy of supervisory controls and of parolee participation in rehabilitative programs has been implemented, and that a system of contracted rehabilitative services for parolees is being furnished by public and private agencies, then in all cases cognizable under this chapter the board may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, to the victim or victims, if any, of the crime, and to the sheriff of the county where the prisoner resides or will reside, parole a prisoner who if sentenced for a violent crime as defined in Section 16-1-60, has served at least one-third of the term or the mandatory minimum portion of sentence, whichever is longer. For any other crime the prisoner shall have served at least one-fourth of the term of a sentence or if sentenced to life imprisonment or imprisonment for any period in excess of forty years, has served at least ten years.

(C)The provisions of this section do not affect the parole ineligibility provisions for murder, armed robbery, and drug trafficking as set forth respectively in Sections 16 -3-20 and 16-11-330, and subsection (e) of Section 44-53-370.

(D)In computing parole eligibility, no deduction of time may be allowed in any case for good behavior, but after June 30, 1981, there must be deductions of time in all cases for earned work credits, notwithstanding the provisions of Sections 16 -3-20, 16-11-330, and 24-13-230.

(E) Notwithstanding any other provision of law, parole eligibility is to be computed using an inmate's active incarcerative sentence. As used in this section, 'active incarcerative sentence' means the time an inmate is sentenced to incarceration and does not include any suspended portions of an imposed sentence.

(F)Notwithstanding the provisions of this section, the board may parole any prisoner upon a petition filed by the prisoner, any relevant staff at the Department of Corrections, or legal representation for the prisoner, not sooner than one year prior to the prescribed date of parole eligibility when, based on medical information furnished to it from a medical doctor through the prisoner, the board determines that the physical condition of the prisoner concerned is so serious that he would not be reasonably expected to live for more than one year. The parole board may order parole contingent upon the prisoner residing in an approved residence and abiding by all conditions ordered by the parole board. Notwithstanding any other provision of this section or of law, no prisoner who has served a total of ten consecutive years or more in prison may be paroled until the board has first received a report as to his mental condition and his ability to adjust to life outside the prison from a duly qualified psychiatrist or psychologist."/

Amend the bill further by striking SECTION 18 in its entirety and inserting:

/SECTION18. Section 24 -13-150 of the 1976 Code is amended to read:

"Section 24 -13-150. (A)Notwithstanding any other provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed or subject to the provisions contained in subsection (B), an inmate convicted of a 'no parole offense' as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including an inmate serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the inmate has served at least eighty-five sixty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any portion of the sentence which has been suspended. Nothing in this section may be construed to allow an inmate convicted of murder or an inmate prohibited from participating in work release, early release, discharge, or community supervision by another provision of law to be eligible for work release, early release, discharge, or community supervision.

(B) An inmate currently incarcerated for a 'no parole offense' as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including an inmate serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20 or Section 24-3-30, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the inmate has served at least sixty-five percent of the actual term of imprisonment imposed if the conviction was pursuant to Section 44-53-370 or Section 44-53-375. The department's inmate records office must report no substantial or major disciplinary infractions. The inmate must have substantially completed a rehabilitation program and the department's reentry program. The inmate shall remain under community supervision for a period no less than what equals eighty-five percent of the inmate's original sentence. These percentages must be calculated without the application of earned work credits, education credits, or good conduct credits, not including any portion of the sentence which has been suspended.

(C)If an inmate sentenced to the custody of the Department of Corrections and confined in a facility of the department, confined in a local facility pursuant to a designated facility agreement authorized by Section 24 -3-20 or Section 24-3-30, or temporarily confined, held, detained, or placed in a facility which is not under the direct control of the department, to include an inmate on a labor crew or any other assigned detail or placement, or an inmate in transport status, commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If an inmate sentenced to a local detention facility or upon the public works of any county in this State, even when temporarily confined, held, detained, or placed in any facility which is not under the direct control of the local detention facility, to include an inmate on a labor crew or any other assigned detail or placement, or an inmate in transport status, commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the inmate. The decision to withhold credits is solely the responsibility of officials named in this subsection."/

Amend the bill further by deleting SECTION 113 in its entirety and inserting:

/ SECTION113. Section 22 -7-40 of the 1976 Code is amended to read:

"Section 22 -7-40.It shall be unlawful for any salaried magistrate in this State to receive any compensation for his services in criminal cases within his county other than his salary or to receive for his own use any portion of his constable's fees or salary in any criminal cases whatsoever, whether such cases are actually tried, compromised or transferred for investigation to the court of general sessions. Any magistrate who shall violate the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be fined not less than fifty dollars and not more than two hundred dollars or imprisoned for not less than thirty days and not more than six months, or both so fined and imprisoned, at the discretion of the court."/

Amend the bill further, Part IV, by adding an appropriately numbered SECTION at the end of Part IV to read:

/SECTION ___. A. Section 44 -53-370 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:

"( ) In a prosecution for violation of this section, the prosecution must establish that any evidence in which the prosecution relies was seized at a time and place so closely connected that it is beyond reasonable doubt that the defendant was in actual or constructive possession of the requisite quantity of illegal substances to justify the charge."

B. Section 44 -53-375 of the 1976 Code is amended by adding an appropriately lettered subsection at the end to read:

"( ) In a prosecution for violation of this section, the prosecution must establish that any evidence in which the prosecution relies was seized at a time and place so closely connected that it is beyond reasonable doubt that the defendant was in actual or constructive possession of the requisite quantity of illegal substances to justify the charge." /

Amend the bill further by striking Section 306 in its entirety and inserting:

/ SECTION 306.� The provisions of this act take effect upon approval of the Governor; however, the provisions of the act relating to parole eligibility apply retroactively to inmates currently serving an active incarcerative sentence, subject to any more specific requirements or restrictions as may be provided, and those provisions relating to the repeal of minimum sentences apply retroactively to inmates currently serving an active incarcerative sentence./

Amend the bill further by striking the following SECTIONS in their entirety: 7, 8, 9, 11, 13, 14, 15, 16, 17, 46, 47, 49, 61, 73, 117, 118, 224, 225, 243, 244, and 245.