S*1336(Rat #0554, Act #0508)  General Bill, By Senate Corrections and Penology

Similar(S 1305)
 A Bill to amend Section 24-13-1520, as amended, Code of Laws of South
 Carolina, 1976, relating to prisoners and definitions under the "Home
 Detention Act", so as to make changes to the definitions of "court" and
 "participant"; to amend Section 24-13-1530, relating to prisoners and
 correctional programs for which home detention may be substituted, so as to
 provide, among other things, that local governments may establish by ordinance
 a certain 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; to amend Section 24-13-1560, relating to the use of
 an electronic monitoring device under the "Home Detention Act", so as to
 provide that the participant's use of such a device is conditioned upon being
 instructed to use the device; and to amend Section 24-13-1590, as amended,
 relating to the provision that the "Home Detention Act" is not applicable to
 controlled substances offenders and to the provisions that probation and
 parole authority is not diminished by any of the provisions of the "Home
 Detention Act", so as to define further and limit the type of controlled
 substances offender to whom the "Home Detention Act" does not apply.

   04/12/94  Senate Introduced, read first time, placed on calendar
                     without reference SJ-11
   04/13/94  Senate Read second time SJ-28
   04/13/94  Senate Ordered to third reading with notice of
                     amendments SJ-28
   04/14/94  Senate Amended SJ-44
   04/14/94  Senate Read third time and sent to House SJ-44
   04/19/94  House  Introduced and read first time HJ-6
   04/19/94  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-7
   04/27/94  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-6
   05/18/94  House  Debate adjourned until Thursday, May 19, 1994 HJ-25
   05/19/94  House  Read second time HJ-27
   05/19/94  House  Unanimous consent for third reading on next
                     legislative day HJ-27
   05/20/94  House  Read third time and enrolled HJ-54
   06/02/94         Ratified R 554
   08/31/94         Signed By Governor
   08/31/94         Effective date 08/31/94
   09/13/94         Copies available

AN ACT TO AMEND SECTION 24-13-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS AND DEFINITIONS UNDER THE "HOME DETENTION ACT", SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "COURT" AND "PARTICIPANT"; TO AMEND SECTION 24-13-1530, RELATING TO PRISONERS AND CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL GOVERNMENTS MAY ESTABLISH BY ORDINANCE A CERTAIN 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; TO AMEND SECTION 24-13-1560, RELATING TO THE USE OF AN ELECTRONIC MONITORING DEVICE UNDER THE "HOME DETENTION ACT", SO AS TO PROVIDE THAT THE PARTICIPANT'S USE OF SUCH A DEVICE IS CONDITIONED UPON BEING INSTRUCTED TO USE THE DEVICE; AND TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT THE "HOME DETENTION ACT" IS NOT APPLICABLE TO CONTROLLED SUBSTANCES OFFENDERS AND TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY OF THE PROVISIONS OF THE "HOME DETENTION ACT", SO AS TO DEFINE FURTHER AND LIMIT THE TYPE OF CONTROLLED SUBSTANCES OFFENDER TO WHOM THE "HOME DETENTION ACT" DOES NOT APPLY.

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

Definition of "court" changed

SECTION 1. Section 24-13-1520(2) of the 1976 Code, as added by Act 594 of 1990 and last amended by Section 447 of Act 181 of 1993, is further amended to read:

"(2) `Court' means a circuit, family, magistrate's, or municipal court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services, the Board of Juvenile Parole, and the Department of Corrections."

Definition of "participant" changed

SECTION 2. Section 24-13-1520(5) of the 1976 Code, as added by Act 594 of 1990, is amended to read:

"(5) `Participant' means an inmate/offender placed into an electronic monitoring program or into some other suitable program which provides supervision and/or monitoring in the community."

Home detention programs by local governments, etc.

SECTION 3. Section 24-13-1530 of the 1976 Code, as added by Act 594 of 1990, is amended to read:

"Section 24-13-1530. (A) Notwithstanding any 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 as selected by the court, provided 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 may also 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 under Section 24-9-20 and enforced under Section 24-9-30."

Electronic monitoring device; provisions changed

SECTION 4. Section 24-13-1560 of the 1976 Code, as added by Act 594 of 1990, is amended to read:

"Section 24-13-1560. The participant shall use an approved electronic monitoring device if instructed by the department at all times to verify his compliance with the conditions of his detention and shall maintain a monitoring device in his home or on his person."

Controlled substances offenders; exemption re-worded

SECTION 5. Section 24-13-1590 of the 1976 Code, as added by Act 594 of 1990 and last amended by Section 448 of Act 181 of 1993, is further amended to read:

"Section 24-13-1590. Nothing in this article: (1) applies to a person, regardless of age, who violates, or is awaiting trial on charges of violating, the illicit narcotic drugs and controlled substances laws of this State which are classified as Class A, B, or C felonies or which are classified as an exempt offense by Section 16-1-10(D) and provide for a maximum term of imprisonment of twenty years or more; or

(2) diminishes the lawful authority of the courts of this State, the Department of Juvenile Justice, or the Department of Probation, Parole and Pardon Services to regulate or impose conditions for probation or parole."

Time effective

SECTION 6. This act takes effect upon approval by the Governor.

Approved the 31st day of August, 1994.