S 1249 General Bill, By M.T. Rose
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 24-21-710 so as to require the Director of the Department of Probation, Parole
 and Pardon Services to develop written policies and procedures for parole
 hearings to be held by video camera and to promulgate certain regulations,
 allow the victim of the crime for which a prisoner has been sentenced to
 submit on film, video tape, or other electronic means or in the form of a
 recording or testimony at the prisoner's parole hearing information for
 consideration by the Board of Probation, Parole and Pardon Services, allow the
 same procedure for the prosecuting solicitor, require the Board to consider,
 in making its determination regarding parole for a prisoner, material on film,
 video tape, or other electronic means or in the form of a recording or
 testimony submitted by the prosecuting solicitor or the victim or both, and
 provide for related matters and details concerning such film, video tape,
 other electronic instrument, or recording allowed by this Section; to require
 the Department of Corrections to install and use a closed circuit television
 system in each correctional institution of the Department that has persons
 eligible for parole, and require the Department of Probation, Parole and
 Pardon Services to install and use the same system at the principal office of
 the Department, for the purpose of the conduct of parole hearings by means of
 a two-way closed circuit television system, and require that parole hearings
 be conducted by means of such system.

   03/10/94  Senate Introduced and read first time SJ-2
   03/10/94  Senate Referred to Committee on Corrections and Penology SJ-2

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS TO BE HELD BY VIDEO CAMERA AND TO PROMULGATE CERTAIN REGULATIONS, ALLOW THE VICTIM OF THE CRIME FOR WHICH A PRISONER HAS BEEN SENTENCED TO SUBMIT ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY AT THE PRISONER'S PAROLE HEARING INFORMATION FOR CONSIDERATION BY THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES, ALLOW THE SAME PROCEDURE FOR THE PROSECUTING SOLICITOR, REQUIRE THE BOARD TO CONSIDER, IN MAKING ITS DETERMINATION REGARDING PAROLE FOR A PRISONER, MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING SUBMITTED BY THE PERSON WHOSE PAROLE IS BEING CONSIDERED AND MATERIAL ON FILM, VIDEO TAPE, OR OTHER ELECTRONIC MEANS OR IN THE FORM OF A RECORDING OR TESTIMONY SUBMITTED BY THE PROSECUTING SOLICITOR OR THE VICTIM OR BOTH, AND PROVIDE FOR RELATED MATTERS AND DETAILS CONCERNING SUCH FILM, VIDEO TAPE, OTHER ELECTRONIC INSTRUMENT, OR RECORDING ALLOWED BY THIS SECTION; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO INSTALL AND USE A CLOSED CIRCUIT TELEVISION SYSTEM IN EACH CORRECTIONAL INSTITUTION OF THE DEPARTMENT THAT HAS PERSONS ELIGIBLE FOR PAROLE, AND REQUIRE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO INSTALL AND USE THE SAME SYSTEM AT THE PRINCIPAL OFFICE OF THE DEPARTMENT, FOR THE PURPOSE OF THE CONDUCT OF PAROLE HEARINGS BY MEANS OF A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND REQUIRE THAT PAROLE HEARINGS BE CONDUCTED BY MEANS OF SUCH SYSTEM.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Article 7, Chapter 21, Title 24 of the 1976 Code is amended by adding:

"Section 24-21-710. (A) The director shall develop written policies and procedures for parole hearings to be held by video camera and shall promulgate any regulations necessary to give effect to the provisions of this section.

(B) The victim of the crime for which the prisoner has been sentenced, upon receipt of the notice required by law, may, in addition to any other method allowed by law, submit on film, video tape, or other electronic means or in the form of a recording or testimony at the parole hearing information for consideration by the board.

(C) The prosecuting solicitor's office, upon receipt of the notice required by law, may, in addition to any other method allowed by law, submit on film, video tape, or other electronic means or in the form of a recording or testimony at the parole hearing relevant information for the board's consideration, but the prosecuting solicitor's office may waive the written notice under this subsection.

(D) In making its determination of parole, the board shall consider in addition to all other matters, reports, or materials as provided by law (1) material on film, video tape, or other electronic means, or in the form of a recording submitted by the person whose parole is being considered, and (2) material on film, video tape, or other electronic means or in the form of a recording or testimony submitted by the prosecuting solicitor or the victim or both.

(E) Any film, video tape, other electronic instrument, or recording considered by the board under this section must be in the form designated by the director pursuant to subsection (A). The film, video tape, other electronic instrument, or recording must be both visual and aural. Every voice on the recording, film, video tape, or other electronic instrument and every person present must be identified. The recording, film, video tape, or other electronic instrument shall contain either a visual or aural statement of the person submitting the recording, film, video tape, or other electronic instrument, the date of the recording, film, video tape, or other electronic instrument, and the name of the person whose parole eligibility is being considered. These recordings, films, video tapes, or other electronic instruments, if retained by the board, must be deemed to be submitted at any subsequent parole hearing if the victim or prosecuting solicitor submits in writing a declaration clearly identifying the recording, film, video tape, or other electronic instrument as representing the present position of the victim or the prosecuting solicitor regarding the issues to be considered at the parole hearing."

SECTION 2. The Department of Corrections shall install, maintain, and operate a closed circuit television system in each correctional institution of the department that has committed persons eligible for parole, and the Department of Probation, Parole and Pardon Services shall install, maintain, and operate a closed circuit television system at the principal office of the Department of Probation, Parole and Pardon Services, for the purpose of the conduct of parole hearings by the Board of Probation, Parole and Pardon Services by means of a two-way closed circuit television system. The Board of Probation, Parole and Pardon Services shall conduct parole hearings by means of a two-way closed circuit television system as provided in this section.

SECTION 3. This act takes effect upon approval by the Governor.