H 3130 General Bill, By Rutherford
 A BILL TO AMEND SECTION 24-13-1590, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE HOME DETENTION ACT'S NONAPPLICABILITY TO A PERSON WHO HAS
 VIOLATED OR WHO HAS BEEN CHARGED WITH VIOLATING CERTAIN ILLICIT NARCOTIC DRUGS
 AND CONTROLLED SUBSTANCES LAWS AND ITS IMPACT ON THE AUTHORITY OF THE COURTS,
 DEPARTMENT OF JUVENILE JUSTICE, OR THE DEPARTMENT OF PROBATION, PAROLE AND
 PARDON SERVICES TO REGULATE OR IMPOSE CONDITIONS FOR PROBATION, PAROLE, OR
 COMMUNITY SERVICE, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT THE HOME
 DETENTION ACT DOES NOT APPLY TO A PERSON WHO HAS VIOLATED OR WHO HAS BEEN
 CHARGED WITH VIOLATING CERTAIN ILLICIT NARCOTIC DRUGS AND CONTROLLED
 SUBSTANCES LAWS, AND TO MAKE A TECHNICAL CHANGE.

   12/11/14  House  Prefiled
   12/11/14  House  Referred to Committee on Judiciary
   01/13/15  House  Introduced and read first time (House Journal-page 108)
   01/13/15  House  Referred to Committee on Judiciary
                     (House Journal-page 108)
   03/10/16  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 31)
   03/16/16  House  Debate adjourned until Thur., 3-17-16
                     (House Journal-page 93)
   03/17/16  House  Amended (House Journal-page 26)
   03/17/16  House  Read second time (House Journal-page 26)
   03/17/16  House  Roll call Yeas-97  Nays-0 (House Journal-page 28)
   03/17/16  House  Unanimous consent for third reading on next
                     legislative day (House Journal-page 29)
   03/18/16  House  Read third time and sent to Senate
                     (House Journal-page 2)
   03/22/16  Senate Introduced and read first time (Senate Journal-page 6)
   03/22/16  Senate Referred to Committee on Corrections and Penology
                     (Senate Journal-page 6)

Indicates Matter Stricken

Indicates New Matter

AMENDED

March 17, 2016

H. 3130

S. Printed 3/17/16--H.

Read the first time January 13, 2016.

TO AMEND SECTION 24-13-1590, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOME DETENTION ACT'S NONAPPLICABILITY TO A PERSON WHO HAS VIOLATED OR WHO HAS BEEN CHARGED WITH VIOLATING CERTAIN ILLICIT NARCOTIC DRUGS AND CONTROLLED SUBSTANCES LAWS AND ITS IMPACT ON THE AUTHORITY OF THE COURTS, DEPARTMENT OF JUVENILE JUSTICE, OR THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO REGULATE OR IMPOSE CONDITIONS FOR PROBATION, PAROLE, OR COMMUNITY SERVICE, SO AS TO DELETE THE PROVISION THAT PROVIDES THAT THE HOME DETENTION ACT DOES NOT APPLY TO A PERSON WHO HAS VIOLATED OR WHO HAS BEEN CHARGED WITH VIOLATING CERTAIN ILLICIT NARCOTIC DRUGS AND CONTROLLED SUBSTANCES LAWS, AND TO MAKE A TECHNICAL CHANGE.

Amend Title To Conform

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

SECTION    1.    Section 24-13-1530 of the 1976 Code is amended to read:

"Section 24-13-1530.    (A)    Notwithstanding another provision of law which requires mandatory incarceration, electronic and nonelectronic home detention programs may be used as an alternative to incarceration for low risk, nonviolent adult and juvenile offenders who have been charged with or convicted of a crime other than those listed in Section 16-1-60, with the exception of a drug trafficking offense that carries a maximum sentence of up to ten years but not trafficking methamphetamine, provided they are monitored by a GPS tracking device and bear the cost of the GPS, as selected by the court if there is a home detention program available in the jurisdiction. Applications by offenders for home detention may be made to the court as an alternative to the following correctional programs:

(1)    pretrial or preadjudicatory detention;

(2)    probation (intensive supervision);

(3)    community corrections (diversion);

(4)    parole (early release);

(5)    work release;

(6)    institutional furlough;

(7)    jail diversion; or

(8)    shock incarceration.

(B)    Local governments also may establish by ordinance the same alternative to incarceration for persons who are awaiting trial and for offenders whose sentences do not place them in the custody of the Department of Corrections. Counties and municipalities may develop home detention programs according to the Minimum Standards for Local Detention Facilities in South Carolina which are established pursuant to Section 24-9-20 and enforced pursuant to Section 24-9-30."

SECTION    2.    This act takes effect upon approval by the Governor.