H 4401 Session 111 (1995-1996)
H 4401 General Bill, By Wilkins, H. Brown and Harrison
Similar(H 3096, H 3166, H 3238)
A Bill to amend Section 24-13-20, as amended, Code of Laws of South Carolina,
1976, relating to confinement of prisoners, and work release program
eligibility, so as to substitute certain classified felonies and exempt
offenses for the term "no parole offense"; to amend Section 24-13-125, as
amended, relating to conditions a prisoner must meet to become eligible for
work release, so as to substitute certain felonies and exempt offenses for the
term "no parole offenses" and to provide that this provision does not apply to
certain local correctional facilities; to amend Section 24-13-150, as amended,
relating to conditions a prisoner must meet to become eligible for early
release, discharge, or community supervision, so as
01/09/96 House Introduced and read first time HJ-78
01/09/96 House Referred to Committee on Judiciary HJ-80
A BILL
TO AMEND SECTION 24-13-20, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
CONFINEMENT OF PRISONERS, AND WORK RELEASE
PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN
CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE
TERM "NO PAROLE OFFENSE"; TO AMEND
SECTION 24-13-125, AS AMENDED, RELATING TO
CONDITIONS A PRISONER MUST MEET TO BECOME
ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE
CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE
TERM "NO PAROLE OFFENSES" AND TO
PROVIDE THAT THIS PROVISION DOES NOT APPLY TO
CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND
SECTION 24-13-150, AS AMENDED, RELATING TO
CONDITIONS A PRISONER MUST MEET TO BECOME
ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR
COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE
CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE
TERM "NO PAROLE OFFENSE", AND TO
PROVIDE THAT THIS PROVISION DOES NOT APPLY TO
CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND
SECTION 24-13-210, AS AMENDED, RELATING TO
ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT
CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME ANY
PRISONER CAN EARN OFF HIS SENTENCE FOR GOOD
BEHAVIOR TO THREE DAYS A MONTH, AND TO
ELIMINATE THE TERM "NO PAROLE OFFENSE";
TO AMEND SECTION 24-13-230, AS AMENDED, RELATING
TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO
LIMIT THE AMOUNT OF TIME ANY PRISONER CAN EARN
OFF HIS SENTENCE FOR PARTICIPATING IN AN
EDUCATION PROGRAM TO SIX DAYS A MONTH, AND TO
ELIMINATE THE TERM "NO PAROLE OFFENSE";
TO AMEND SECTION 24-13-610, AS AMENDED, RELATING
TO EXTENDED WORK RELEASE PROGRAMS, SO AS TO
SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND
EXEMPT OFFENSES FOR THE TERM "NO PAROLE
OFFENSE"; TO AMEND SECTION 24-13-650, AS
AMENDED, RELATING TO THE PROHIBITION AGAINST
THE RELEASE OF AN OFFENDER INTO THE COMMUNITY
IN WHICH HE COMMITTED THE CRIME, SO AS TO
SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND
EXEMPT OFFENSES FOR THE TERM "NO PAROLE
OFFENSE"; TO AMEND SECTIONS 24-13-710 AND
24-13-720, BOTH AS AMENDED, RELATING TO THE
SUPERVISED FURLOUGH PROGRAM, SO AS TO
SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND
EXEMPT OFFENSES FOR THE TERM "NO PAROLE
OFFENSE"; TO AMEND SECTION 24-13-1310, AS
AMENDED, RELATING TO THE SHOCK INCARCERATION
PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED
FELONIES AND EXEMPT OFFENSES FOR THE TERM
"NO PAROLE OFFENSE"; TO AMEND SECTION
24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO
ELIMINATE PAROLE FOR ANY CRIMES; TO AMEND
SECTION 24-21-560, AS AMENDED, RELATING TO
PRISONERS WHO MUST COMPLETE A COMMUNITY
SUPERVISION PROGRAM OPERATED BY THE
DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL
JUSTICE SYSTEM, SO AS TO PROVIDE THAT A PERSON
SENTENCED TO A TERM OF IMPRISONMENT OF TWENTY
YEARS OR MORE MUST COMPLETE NOT MORE THAN
TWO YEARS OF COMMUNITY SUPERVISION AS A PART OF
HIS SENTENCE, AND TO ELIMINATE THE TERM "NO
PAROLE OFFENSE"; AND TO PROVIDE THAT ALL
PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES
EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS
ACT APPLY PROSPECTIVELY.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 24-3-20(B)(2) of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"(2) the rates of pay and other conditions of
employment will not be less than those paid and provided for work
of similar nature in the locality in which the work is to be
performed.
The department shall notify victims registered pursuant to Section
16-3-1530(c) and the trial judge, solicitor, and sheriff of the county
or the law enforcement agency of the jurisdiction where the offense
occurred before releasing inmates on work release. The department
shall have the authority to deny release based upon opinions
received from these persons, if any, as to the suitability of the
release.
No A prisoner's place of confinement may
not be extended as permitted by this subsection who is
currently serving a sentence for or has a prior conviction of
criminal sexual conduct in the first, second, or third degree;
attempted criminal sexual conduct; assault with intent to commit
criminal sexual conduct; criminal sexual conduct when the victim is
his legal spouse; criminal sexual conduct with a minor; committing
or attempting to commit a lewd act on a child; engaging a child for
sexual performance; or spousal sexual battery. No prisoner who is
serving a sentence for a `no parole offense' as defined in
Section 24-13-100 Class A, B, or C felony or an offense
exempt from classification contained in Section 16-1-10(D), which
is punishable by a maximum term of imprisonment of twenty years
or more and who is otherwise eligible for work release shall
have his place of confinement extended until he has served the
minimum period of incarceration as set forth in Section
24-13-125."
SECTION 2. Section 24-13-125 of the 1976 Code, as added by
Act 83 of 1995, is amended to read:
"Section 24-13-125. (A) Notwithstanding any
other another provision of law, except in a case in
which the death penalty or a term of life imprisonment is imposed,
a prisoner convicted of a `no parole offense', as defined in
Section 24-13-100, Class A, B, or C felony or an offense
exempt from classification contained in Section 16-1-10(D), which
is punishable by a maximum term of imprisonment of twenty years
or more and sentenced to the custody of the Department of
Corrections, including a prisoner serving time in a local facility
pursuant to a designated facility agreement authorized by Section
24-3-20, is not eligible for work release until the prisoner has
served not less than eighty percent of the actual term of
imprisonment imposed. This percentage must be calculated without
the application of earned work credits, education credits, or good
conduct credits, and is to be applied to the actual term of
imprisonment imposed, not including any portion of the sentence
which has been suspended. Nothing in this section may be
construed to allow a prisoner convicted of murder or a prisoner
prohibited from participating in work release by another provision
of law to be eligible for work release.
(B) If a prisoner confined in a facility of the department
commits an offense or violates one of the rules of the institution
during his term of imprisonment, all or part of the credit he has
earned may be forfeited in the discretion of the Director of the
Department of Corrections. If a prisoner confined in a local
correctional facility pursuant to a designated facility agreement
commits an offense or violates one of the rules of the institution
during his term of imprisonment, all or part of the credit he has
earned may be forfeited in the discretion of the local official having
charge of the prisoner. The decision to withhold credits is solely
the responsibility of officials named in this subsection.
(C) This section does not apply to prisoners confined in a
local correctional facility except a prisoner confined in a local
facility pursuant to a designated facility agreement."
SECTION 3. Section 24-13-150 of the 1976 Code, as added by
Act 83 of 1995, is amended to read:
"Section 24-13-150. (A) Notwithstanding any
other another provision of law, except in a case in
which the death penalty or a term of life imprisonment is imposed,
a prisoner convicted of a `no parole offense' as defined in
Section 24-13-100 crime and sentenced to the custody
of the Department of Corrections, including a prisoner serving time
in a local facility pursuant to a designated facility agreement
authorized by Section 24-3-20, is not eligible for early release,
discharge, or community supervision as provided in Section
24-21-560, until the prisoner has served at least eighty-five percent
of the actual term of imprisonment imposed. This percentage must
be calculated without the application of earned work credits,
education credits, or good conduct credits, and is to be applied to
the actual term of imprisonment imposed, not including any portion
of the sentence which has been suspended. Nothing in this section
may be construed to allow a prisoner convicted of murder or a
prisoner prohibited from participating in work release, early release,
discharge, or community supervision by another provision of law to
be eligible for work release, early release, discharge, or community
supervision.
(B) If a prisoner confined in a facility of the department
commits an offense or violates one of the rules of the institution
during his term of imprisonment, all or part of the credit he has
earned may be forfeited in the discretion of the Director of the
Department of Corrections. If a prisoner confined in a local
correctional facility pursuant to a designated facility agreement
commits an offense or violates one of the rules of the institution
during his term of imprisonment, all or part of the credit he has
earned may be forfeited in the discretion of the local official having
charge of the prisoner. The decision to withhold credits is solely
the responsibility of officials named in this subsection.
(C) This section does not apply to prisoners confined in a
local correctional facility except a prisoner confined in a local
facility pursuant to a designated facility agreement."
SECTION 4. Section 24-13-210 of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"Section 24-13-210. (A) A prisoner convicted of an
offense against this State, except a `no parole offense' as defined in
Section 24-13-100, and sentenced to the custody of the Department
of Corrections including a prisoner serving time in a local facility
pursuant to a designated facility agreement authorized by Section
24-3-30, whose record of conduct shows that he has faithfully
observed all the rules of the institution where he is confined and has
not been subjected to punishment for misbehavior, is entitled to a
deduction from the term of his sentence beginning with the day on
which the service of his sentence commences to run, computed at
the rate of twenty days for each month served. When two or more
consecutive sentences are to be served, the aggregate of the several
sentences is the basis upon which the good conduct credit is
computed.
(B) A prisoner convicted of a `no parole offense'
an offense against this State as defined in Section
24-13-100 and sentenced to the custody of the Department of
Corrections, including a prisoner serving time in a local facility
pursuant to a designated facility agreement authorized by Section
24-3-30, whose record of conduct shows that he has faithfully
observed all the rules of the institution where he is confined and has
not been subjected to punishment for misbehavior, is entitled to a
deduction from the term of his sentence beginning with the day on
which the service of his sentence commences to run, computed at
the rate of three days for each month served. However, no prisoner
serving a sentence for life imprisonment or a mandatory minimum
term of imprisonment for thirty years pursuant to Section 16-3-20 is
entitled to credits under this provision. No A
prisoner convicted of a `no parole offense' is not
entitled to a reduction below the minimum term of incarceration
provided in Section 24-13-125 or 24-13-150. When two or more
consecutive sentences are to be served, the aggregate of the several
sentences is the basis upon which the good conduct credit is
computed.
(C)(B) A prisoner convicted of an offense
against this State and sentenced to a local correctional facility, or
upon the public works of any county in this State, whose record of
conduct shows that he has faithfully observed all the rules of the
institution where he is confined, and has not been subjected to
punishment for misbehavior, is entitled to a deduction from the
term of his sentence beginning with the day on which the service of
his sentence commences to run, computed at the rate of one day for
every two days served. When two or more consecutive sentences
are to be served, the aggregate of the several sentences is the basis
upon which good conduct credits must be computed.
(D)(C) If a prisoner confined in a facility of the
department commits an offense or violates one of the rules of the
institution during his term of imprisonment, all or part of the good
conduct credit he has earned may be forfeited in the discretion of
the Director of the Department of Corrections. If a prisoner
confined in a local correctional facility pursuant to a designated
facility agreement commits an offense or violates one of the rules
of the institution during his term of imprisonment, all or part of the
good conduct credit he has earned may be forfeited in the discretion
of the local official having charge of the prisoner. The decision to
withhold forfeited good conduct time is solely the responsibility of
officials named in this subsection.
(E)(D) Any person who has served the term of
imprisonment for which he has been sentenced less deductions
allowed therefrom for good conduct is considered upon release to
have served the entire term for which he was sentenced unless the
person is required to complete a community supervision program
pursuant to Section 24-21-560. If the person is required to
complete a community supervision program, he must complete his
sentence as provided in Section 24-21-560 prior to discharge from
the criminal justice system.
(F)(E) No credits earned pursuant to this
section may be applied in a manner which would prevent full
participation in the Department of Probation, Parole, and Pardon
Services' prerelease or community supervision program as provided
in Section 24-21-560."
SECTION 5. Section 24-13-230 of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"Section 24-13-230. (A) The Director of the
Department of Corrections may allow any prisoner in the custody of
the department, except a prisoner convicted of a `no parole offense'
as defined in Section 24-13-100, who is assigned to a productive
duty assignment or who is regularly enrolled and actively
participating in an academic, technical, or vocational training
program, a reduction from the term of his sentence of zero to one
day for every two days he is employed or enrolled. A maximum
annual credit for both work credit and education credit is limited to
one hundred eighty days.
(B) The Director of the Department of Corrections may
allow a prisoner in the custody of the department serving a
sentence for a `no parole offense' as defined in Section
24-13-100, who is assigned to a productive duty assignment or
who is regularly enrolled and actively participating in an academic,
technical, or vocational training program, a reduction from the term
of his sentence of six days for every month he is employed or
enrolled. However, no prisoner serving a sentence for life
imprisonment or a mandatory minimum term of imprisonment for
thirty years pursuant to Section 16-3-20 is entitled to credits under
this provision. No A prisoner convicted of a `no
parole offense' is not entitled to a reduction below the
minimum term of incarceration provided in Section 24-13-125 or
24-13-150. A maximum annual credit for both work credit and
education credit is limited to seventy-two days.
(C)(B) No credits earned pursuant to this
section may be applied in a manner which would prevent full
participation in the Department of Probation, Parole, and Pardon
Services' prerelease or community supervision program as provided
in Section 24-21-560.
(D)(C) The amount of credit to be earned for
each duty classification or enrollment must be determined by the
director and published by him in a conspicuous place available to
inmates at each correctional institution. If a prisoner commits an
offense or violates one of the rules of the institution during his term
of imprisonment all or part of the work credit or education credit he
has earned may be forfeited in the discretion of the official having
charge of the prisoner.
(E)(D) The official in charge of a local
detention or correctional facility to which persons convicted of
offenses against the State are sentenced shall allow any inmate
serving such a sentence in the custody of the facility who is
assigned to a mandatory productive duty assignment a reduction
from the term of his sentence of zero to one day for every two days
so employed. The amount of credit to be earned for each duty
classification must be determined by the official in charge of the
local detention or correctional facility and published by him in a
conspicuous place available to inmates.
(F)(E)(1) An individual is only eligible
only for the educational credits provided for in this section,
upon successful participation in an academic, technical, or
vocational training program.
(2) The educational credit provided for in this section, is not
available to any individual convicted of a violent crime as defined
in Section 16-1-60.
(G)(F) The South Carolina Department of
Corrections may not pay any tuition for college courses."
SECTION 6. Section 24-13-610 of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"Section 24-13-610. The Department of Corrections
(department) may establish an extended work release program. The
program may allow the exceptional regular work release resident,
male or female, convicted of a first and not more than a second
offense, the opportunity of extended work release placement in the
community with the privilege of residing with an approved
community sponsor and continuing employment in the community;
provided, that no person convicted of murder, criminal sexual
conduct in the first or second degree, a `no parole offense' as
defined in Section 24-13-100 Class A, B, or C felony or an
offense exempt from classification contained in Section 16-1-10(D),
which is punishable by a maximum term of imprisonment of twenty
years or more which was committed on or after the effective
date of this section, or any other offense which is prohibited by
another provision of law may participate in this extended work
release program."
SECTION 7. Section 24-13-650 of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"Section 24-13-650. No A offender
committed to incarceration for a violent offense as defined in
Section 16-1-60 or a `no parole offense' as defined in Section
24-13-100 Class A, B, or C felony or an offense exempt
from classification contained in Section 16-1-10(D), which is
punishable by a maximum term of imprisonment of twenty years or
more may not be released back into the community in
which the offender committed the offense under the work release
program, except in those cases wherein, where applicable, the
victim of the crime for which the offender is charged or the
relatives of the victim who have applied for notification under
Section 16-3-1530 if the victim has died, the law enforcement
agency which employed the arresting officer at the time of the
arrest, and the circuit solicitor all agree to recommend that the
offender be allowed to participate in the work release program in
the community where the offense was committed. The victim or
the victim's nearest living relative, the law enforcement agency, and
the solicitor, as referenced above, must affirm in writing that the
offender be allowed to return to the community in which the
offense was committed to participate in the work release
program."
SECTION 8. Section 24-13-710 of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"Section 24-13-710. The Department of Corrections and
the Department of Probation, Parole, and Pardon Services shall
jointly develop the policies, procedures, guidelines, and cooperative
agreement for the implementation of a supervised furlough program
which permits carefully screened and selected inmates who have
served the mandatory minimum sentence as required by law or have
not committed a violent crime as defined in Section 16-1-60, a
`no parole offense' as defined in Section 24-13-100
Class A, B, or C felony or an offense exempt from
classification contained in Section 16-1-10(D) which is punishable
by a maximum term of imprisonment of twenty years or more,
the crime of criminal sexual conduct in the third degree as defined
in Section 16-3-654, or the crime of committing or attempting a
lewd act upon a child under the age of fourteen as defined in
Section 16-15-140 to be released on furlough prior to parole
eligibility and under the supervision of state probation and parole
agents with the privilege of residing in an approved residence and
continuing treatment, training, or employment in the community
until parole eligibility or expiration of sentence, whichever is
earlier. The department and the Department of Probation, Parole,
and Pardon Services shall assess a fee sufficient to cover the cost of
the participant's supervision and any other financial obligations
incurred because of his participation in the supervised furlough
program as provided by this article. The two departments shall
jointly develop and approve written guidelines for the program to
include, but not be limited to, the selection criteria and process,
requirements for supervision, conditions for participation, and
removal. The cooperative agreement between the two departments
shall specify the responsibilities and authority for implementing and
operating the program. Inmates approved and placed on the
program must be under the supervision of agents of the Department
of Probation, Parole, and Pardon Services who are responsible for
ensuring the inmate's compliance with the rules, regulations, and
conditions of the program as well as monitoring the inmate's
employment and participation in any of the prescribed and
authorized community-based correctional programs such as
vocational rehabilitation, technical education, and alcohol/drug
treatment. Eligibility criteria for the program include, but are not
limited to, all of the following requirements:
(1) maintain a clear disciplinary record for at least six months
prior to consideration for placement on the program;
(2) demonstrate to Department of Corrections' officials a
general desire to become a law-abiding member of society;
(3) satisfy any other reasonable requirements imposed upon him
by the Department of Corrections;
(4) have an identifiable need for and willingness to participate
in authorized community-based programs and rehabilitative services;
(5) have been committed to the State Department of Corrections
with a total sentence of five years or less as the first or second adult
commitment for a criminal offense for which the inmate received a
sentence of one year or more. The Department of Corrections shall
notify victims pursuant to Section 16-3-1530(c) as well as the
sheriff's office of the place to be released before releasing inmates
through any supervised furlough program.
These requirements do not apply to the crimes referred to in this
section."
SECTION 9. Section 24-13-720 of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"Section 24-13-720. Unless sentenced to life
imprisonment, an inmate under the jurisdiction or control of the
Department of Corrections who has not been convicted of a violent
crime under the provisions of Section 16-1-60 or a `no parole
offense' as defined in Section 24-13-100 may Class A, B,
or C felony or an offense exempt from classification contained in
Section 16-1-10(D) which is punishable by a maximum term of
imprisonment of twenty years or more, within six months of
the expiration of his sentence, may be placed with the
program provided for in Section 24-13-710 and is subject to every
rule, regulation, and condition of the program. No inmate
otherwise eligible under the provisions of this section for placement
with the program may be so placed unless he has qualified under
the selection criteria and process authorized by the provisions of
Section 24-13-710. He must also have maintained a clear
disciplinary record for at least six months prior to eligibility for
placement with the program."
SECTION 10. Section 24-13-1310(1)(c) of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"(c) who has not been convicted of a violent crime as
defined in Section 16-1-60 or a `no parole offense' as defined in
Section 24-13-100 Class A, B, or C felony or an offense
exempt from classification contained in Section 16-1-10(D) which is
punishable by a maximum term of imprisonment of twenty years or
more;"
SECTION 11. Section 24-21-30 of the 1976 Code, as last
amended by Act 83 of 1995, is further amended to read:
"Section 24-21-30. (A) A person who commits a `no
parole offense' as defined in Section 24-13-100 crime
on or after the effective date of this section is not eligible for parole
consideration, but must complete a community supervision program
as set forth in Section 24-21-560 prior to discharge from the
sentence imposed by the court. For all offenders who are eligible
for parole, the board shall hold regular meetings, as may be
necessary to carry out its duties, but at least four times each year,
and as many extra meetings as the chairman, or the Governor acting
through the chairman, may order. The board may preserve order at
its meetings and punish any disrespect or contempt committed in its
presence. The chairman may direct the members of the board to
meet as three-member panels to hear matters relating to paroles and
pardons as often as necessary to carry out the board's
responsibilities. Membership on these panels shall be periodically
rotated on a random basis by the chairman. At the meetings of the
panels, any unanimous vote shall be considered the final decision of
the board, and the panel may issue an order of parole with the same
force and effect of an order issued by the full board pursuant to
Section 24-21-650. Any vote that is not unanimous shall not be
considered as a decision of the board, and the matter shall be
referred to the full board which shall decide it based on a vote of a
majority of the membership.
(B) The board may grant parole to an offender who commits a
violent crime as defined in Section 16-1-60 which is not included as
a `no parole offense' as defined in Section 24-13-100 on or
after before the effective date of this section by a
two-thirds majority vote of the full board. The board may grant
parole to an offender convicted of an offense which is not a violent
crime as defined in Section 16-1-60 before the effective date of
this section or a `no parole offense' as defined in Section
24-13-100 by a unanimous vote of a three-member panel or by a
majority vote of the full board.
Nothing in this subsection may be construed to allow any person
who commits a `no parole offense' as defined in Section
24-13-100 crime on or after the effective date of this
section to be eligible for parole."
SECTION 12. Section 24-21-560 of the 1976 Code, as added by
Act 83 of 1995, is amended to read:
"Section 24-21-560. (A) Notwithstanding any
other another provision of law, except in a case in
which the death penalty or a term of life imprisonment is imposed,
any a sentence for a `no parole offense' as
defined in Section 24-13-100 involving incarceration for a
term more than one year for a crime committed on or after January
1, 1997, must include any a term of
incarceration and completion of a community supervision program
operated by the Department of Probation, Parole, and Pardon
Services. No A prisoner who is serving a sentence
for a `no parole offense' involving incarceration for a
term in excess of one year for a crime committed on or after
January 1, 1997, is not eligible to participate in a
community supervision program until he has served the minimum
period of incarceration as set forth in Section 24-13-150. A
sentence for a term of incarceration of one year or less imposed in
General Sessions Court for a crime committed on or after January
1, 1997, in the discretion of the sentencing judge, may include a
requirement for a completion of a community supervision
program. Nothing in this section may be construed to allow a
prisoner convicted of murder or a prisoner prohibited from early
release, discharge, or work release by any other provision of law to
be eligible for early release, discharge, or work release.
(B) A community supervision program operated by the
Department of Probation, Parole, and Pardon Services must last no
more than two continuous years. The period of time a prisoner is
required to participate in a community supervision program and the
individual terms and conditions of a prisoner's participation shall be
at the discretion of the department based upon guidelines developed
by the director. A prisoner participating in a community
supervision program must be supervised by a probation agent of the
department. The department must determine when a prisoner
completes a community supervision program, violates a term of
community supervision, fails to participate in a program
satisfactorily, or whether a prisoner should appear before the court
for revocation of the community supervision program.
(C) If the department determines that a prisoner has violated a
term of the community supervision program and the community
supervision should be revoked, a probation agent must initiate a
proceeding in General Sessions Court. The proceeding must be
initiated pursuant to a warrant or a citation issued by a probation
agent setting forth the violations of the community supervision
program. The court shall determine whether:
(1) the terms of the community supervision program are fair
and reasonable;
(2) the prisoner has complied with the terms of the
community supervision program;
(3) the prisoner should continue in the community
supervision program under the current terms;
(4) the prisoner should continue in the community
supervision program under other terms and conditions as the court
considers appropriate;
(5) the prisoner has wilfully violated a term of the
community supervision program.
If the court determines that a prisoner has wilfully violated a
term or condition of the community supervision program, the court
may impose any other terms or conditions considered appropriate
and may continue the prisoner on community supervision, or the
court may revoke the prisoner's community supervision and impose
a sentence of up to one year for violation of the community
supervision program. A prisoner who is incarcerated for revocation
of the community supervision program is not eligible to earn any
type of credits which would reduce the sentence for violation of the
community supervision program.
(D) If a prisoner's community supervision is revoked by the
court and the court imposes a period of incarceration for the
revocation, the prisoner also must complete a community
supervision program of up to two years as determined by the
department pursuant to subsection (B) when he is released from
incarceration.
A prisoner who is sentenced for successive revocations of the
community supervision program may be required to serve terms of
incarceration for successive revocations, as provided in Section
24-21-560(C), and may be required to serve additional periods of
community supervision for successive revocations, as provided in
Section 24-21-560(D). The maximum aggregate amount of time
the prisoner may be required to serve when sentenced for successive
revocations may not exceed an amount of time equal to the length
of incarceration imposed for the original `no parole offense'
offense. The original term of incarceration does not
include any portion of a suspended sentence.
If a prisoner's community supervision is revoked due to a
conviction for another offense, the prisoner must complete a
community supervision program of up to two continuous years as
determined by the department after the prisoner has completed the
service of the sentence for the community supervision revocation
and any other term of imprisonment which may have been imposed
for the criminal offense, except when the subsequent sentence is
death or life imprisonment.
(E) A prisoner who successfully completes a community
supervision program pursuant to this section has satisfied his
sentence and must be discharged from his sentence.
(F) The Department of Corrections must notify the Department
of Probation, Parole, and Pardon Services of the projected release
date of any inmate serving a sentence for a `no parole
offense' crime one hundred eighty days in advance of
his release to community supervision. For an offender sentenced to
one hundred eighty days or less, the Department of Corrections
immediately must notify the Department of Probation, Parole, and
Pardon Services.
(G) Victims registered pursuant to Section 16-3-1530(c) and the
sheriff's office in the county where a prisoner sentenced for a
`no parole offense' Class A, B, or C felony or an
offense exempt from classification contained in Section 16-1-10(D),
which is punishable by a maximum term of imprisonment of twenty
years or more, is to be released must be notified by the
Department of Probation, Parole, and Pardon Services when the
prisoner is released to a community supervision program."
SECTION 13. All proceedings pending and all rights and
liabilities existing, acquired, or incurred at the time this act takes
effect are saved. Except as otherwise provided, the provisions of
this act apply prospectively to crimes and offenses committed on or
after the effective date of this act.
SECTION 14. This act takes effect on January 1, 1997 and
applies to all crimes and offenses committed on or after that date.
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