S*1474 Session 108 (1989-1990)
S*1474(Rat #0608, Act #0510 of 1990) General Bill, By
Senate Corrections and Penology
A Bill to amend Section 24-21-640, Code of Laws of South Carolina, 1976,
relating to parole, so as to require the Board of Probation, Parole and Pardon
Services to review a prisoner's disciplinary and other records in determining
whether to grant parole and to provide that certain records are subject to the
Freedom of Information Act.-amended title
04/03/90 Senate Introduced, read first time, placed on calendar
without reference SJ-12
04/04/90 Senate Read second time SJ-18
04/04/90 Senate Ordered to third reading with notice of
amendments SJ-18
04/17/90 Senate Amended SJ-20
04/17/90 Senate Read third time and sent to House SJ-20
04/18/90 House Introduced and read first time HJ-14
04/18/90 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-14
05/02/90 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-55
05/10/90 House Read second time HJ-42
05/10/90 House Unanimous consent for third reading on next
legislative day HJ-43
05/11/90 House Read third time and enrolled HJ-5
05/24/90 Ratified R 608
05/29/90 Signed By Governor
05/29/90 Effective date 05/29/90
05/29/90 Act No. 510
06/19/90 Copies available
(A510, R608, S1474)
AN ACT TO AMEND SECTION 24-21-640, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO PAROLE, SO AS TO REQUIRE THE BOARD OF PROBATION,
PAROLE, AND PARDON SERVICES TO REVIEW A PRISONER'S DISCIPLINARY AND
OTHER RECORDS IN DETERMINING WHETHER TO GRANT PAROLE AND TO PROVIDE
THAT CERTAIN RECORDS ARE SUBJECT TO THE FREEDOM OF INFORMATION ACT.
Be it enacted by the General Assembly of the State of South Carolina:
Parole, review of prisoner's records; Freedom of Information Act
SECTION 1. Section 24-21-640 of the 1976 Code is amended to read:
"Section 24-21-640. The board must carefully consider the
record of the prisoner before, during and after imprisonment, and no
such prisoner may be paroled until it appears to the satisfaction of
the board: that the prisoner has shown a disposition to reform; that,
in the future he will probably obey the law and lead a correct life;
that by his conduct he has merited a lessening of the rigors of his
imprisonment; that the interest of society will not be impaired
thereby; and, that suitable employment has been secured for him. The
board must establish written, specific criteria for the granting of
parole and provisional parole. This criteria must reflect all of the
aspects of this section and include a review of a prisoner's
disciplinary and other records. The criteria must be made available
to all prisoners at the time of their incarceration and the general
public. The paroled prisoner must, as often as may be required,
render a written report to the board giving that information as may be
required by the board which must be confirmed by the person in whose
employment the prisoner may be at the time. The board must not grant
parole nor is parole authorized to any prisoner serving a sentence for
a second or subsequent conviction, following a separate sentencing for
a prior conviction, for violent crimes as defined in Section 16-1-60.
Provided that where more than one included offense shall be committed
within a one-day period or pursuant to one continuous course of
conduct, such multiple offenses must be treated for purposes of this
section as one offense.
Any part or all of a prisoner's in-prison disciplinary records
and, with the prisoner's consent, records involving all awards,
honors, earned work credits and educational credits, are subject to
the Freedom of Information Act as contained in Chapter 4 of Title
30."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 29th day of May, 1990.
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