S 0230 General Bill, By L.E. Richter, Leventis, Passailaigue, Rankin and 
M.T. Rose
 A BILL TO AMEND SECTION 24-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE REVIEW OF A PRISONER'S CASE FOR PAROLE, SO AS TO PROVIDE THAT
 AFTER A SECOND NEGATIVE DETERMINATION, THE PRISONER'S CASE SUBSEQUENTLY SHALL
 BE REVIEWED AT DATES DETERMINED BY THE BOARD, WHICH MAY BE MORE THAN TWELVE
 MONTHS AFTER A PREVIOUS NEGATIVE DETERMINATION.

   10/17/94  Senate Prefiled
   10/17/94  Senate Referred to Committee on Corrections and Penology
   01/10/95  Senate Introduced and read first time SJ-78
   01/10/95  Senate Referred to Committee on Corrections and Penology SJ-78
   04/20/95  Senate Committee report: Favorable with amendment
                     Corrections and Penology SJ-16
   04/25/95  Senate Amended SJ-30
   04/25/95  Senate Read second time SJ-30
   04/26/95  Senate Read third time and sent to House SJ-38
   04/26/95  House  Introduced and read first time HJ-77
   04/26/95  House  Referred to Committee on Judiciary HJ-77

COMMITTEE AMENDMENT ADOPTED

April 25, 1995

S. 230

Introduced by SENATORS Richter, Leventis, Rose, Rankin and Passailaigue

S. Printed 4/25/95--S.

Read the first time January 10, 1995.

A BILL

TO AMEND SECTION 24-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF A PRISONER'S CASE FOR PAROLE, SO AS TO PROVIDE THAT AFTER A SECOND NEGATIVE DETERMINATION, THE PRISONER'S CASE SUBSEQUENTLY SHALL BE REVIEWED AT DATES DETERMINED BY THE BOARD, WHICH MAY BE MORE THAN TWELVE MONTHS AFTER A PREVIOUS NEGATIVE DETERMINATION.

Amend Title To Conform

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

SECTION 1. Section 24-21-620 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-21-620. Within the ninety-day period preceding a prisoner having served one-fourth of his sentence, the board, either acting in a three-member panel or meeting as a full board, shall review the case, regardless of whether or not any an application has been made therefor, for the purpose of determining to determine whether or not such a prisoner is entitled to any of the benefits a benefit provided for in this chapter; provided, that in cases of prisoners in confinement due to convictions. If a prisoner is confined for a nonviolent crimes crime conviction, an administrative hearing officer may be appointed by the director to review the case who must submit to the full board written findings of fact and recommendations which shall must be the basis for a determination by the board. Upon an affirmative determination, the prisoner must be granted a provisional parole or parole. Upon a negative determination, the prisoner's case shall must be reviewed every after twelve months thereafter for the purpose of such this determination. After a second negative determination, the prisoner's case subsequently must be reviewed at dates determined by the board, which must not be less than twelve months, but not more than thirty-six months after a previous negative determination."

SECTION 2. Section 24-21-645 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-21-645. The board may issue an order authorizing the parole which must be signed either by a majority of its members or by all three members meeting as a parole panel on the case ninety days prior to before the effective date of the parole; provided, that. However, at least two-thirds of the members of the board must authorize and sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. A provisional parole order shall include the terms and conditions, if any, to be met by the prisoner during the provisional period and terms and conditions, if any, to be met upon parole. Upon satisfactory completion of the provisional period, the director or one lawfully acting for him his designee must issue an order which, if accepted by the prisoner, shall provide for his release from custody. Provided, that Upon a negative determination of parole, prisoners in confinement confined for a violent crime as defined in Section 16-1-60 must have their cases reviewed every after two years for the purpose of a determination of parole. After a second negative determination for a prisoner confined for a violent crime, the prisoner's case subsequently must be reviewed at dates, determined by the board, which must not be less than twenty-four months, but not more than forty-eight months after a previous negative determination."

SECTION 3. This act takes effect upon approval by the Governor and applies to all crimes committed after July 1, 1995.