S*791 Session 109 (1991-1992)
S*0791(Rat #0203, Act #0134 of 1991) General Bill, By Drummond
A Bill to amend Sections 24-21-60, 24-21-70, and 24-21-210, Code of Laws of
South Carolina, 1976, relating to probation, parole, and pardon services, so
as to grant the duties previously granted to the Executive Director to the
Commissioner; to amend Section 24-21-220, relating to the powers of the
Executive Director, so as to grant the duties previously granted to the
Executive Director to the Commissioner and further grant the Commissioner
administrative duties regarding meetings; to amend Chapter 21, Title 24, by
adding Section 24-21-221, so as to provide that the Commissioner must give
thirty-day notice to certain persons prior to considering a prisoner for
parole; to amend Sections 24-21-230, 24-21-240, 24-21-250, 24-21-260,
24-21-270, 24-21-280, 24-21-290, 24-21-420, 24-21-430, relating to probation
officers, so as to change the references to "officers" to "agents" and
references to "executive director" to "commissioner"; to amend Section
24-21-440, relating to time periods of probation, so as to delete the
requirement that the court must enter a discharge order upon completion of the
probation period; to amend Section 24-21-450, relating to revocation of
parole, so as to change references to "officer" to "agent"; to amend Section
24-21-480, relating to restitution centers, so as to authorize the board to
place a prisoner in a restitution center as a condition of parole; to amend
Section 24-21-620, relating to parole board reviews, so as to change the
reference to the "commissioner of paroles and pardons" to "commissioner"; to
amend Sections 24-21-645 and 24-21-650, relating to the board, so as to change
the references to "executive director" to "commissioner"; to amend Section
24-21-660, relating to paroled prisoner's custody, so as to require that the
prisoner remain in the board's "jurisdiction" rather than in the board's
"legal custody"; to amend Section 24-21-680, relating to revocation of parole,
so as to require the parole agent to issue a citation upon the violation of
parole and to grant the board the authority to make a final determination as
to revocation rather than canceling the order of parole and giving the
prisoner the status of an escaped convict; to amend Section 24-21-930,
relating to parole orders, so as to change references to "executive directors"
to "commissioners"; to amend Section 24-21-990, relating to the effects of a
pardon, so as to allow a pardoned prisoner to hold public office except as
provided for in Section 16-13-210; to amend Section 24-23-130, relating to the
supervision of a probationer, so as to change the references to "officer" to
"agent"; and to repeal Section 24-21-14, relating to the Commissioner of
Paroles and Pardons.-amended title
03/20/91 Senate Introduced and read first time SJ-4
03/20/91 Senate Referred to Committee on Corrections and Penology SJ-4
04/04/91 Senate Committee report: Favorable with amendment
Corrections and Penology SJ-12
04/25/91 Senate Amended SJ-60
04/25/91 Senate Read second time SJ-61
04/25/91 Senate Unanimous consent for third reading on next
legislative day SJ-62
04/26/91 Senate Read third time and sent to House SJ-4
04/30/91 House Introduced and read first time HJ-16
04/30/91 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-17
05/22/91 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-3
05/30/91 House Objection by Rep. Whipper, Holt, Glover & D.
Martin HJ-72
05/30/91 House Debate adjourned until Tuesday, June 4, 1991 HJ-72
05/30/91 House Reconsider vote whereby debate adjourned until
Tuesday, June 4, 1991 HJ-88
06/04/91 House Read second time HJ-26
06/05/91 House Read third time and enrolled HJ-10
06/06/91 Ratified R 203
06/12/91 Signed By Governor
06/12/91 Effective date 06/12/91
06/12/91 Act No. 134
07/03/91 Copies available
(A134, R203, S791)
AN ACT TO AMEND SECTIONS 24-21-60, 24-21-70, AND
24-21-210, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO PROBATION, PAROLE, AND PARDON SERVICES,
SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE
EXECUTIVE DIRECTOR TO THE COMMISSIONER; TO AMEND
SECTION 24-21-220, RELATING TO THE POWERS OF THE
EXECUTIVE DIRECTOR, SO AS TO GRANT THE DUTIES
PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE
COMMISSIONER AND FURTHER GRANT THE COMMISSIONER
ADMINISTRATIVE DUTIES REGARDING MEETINGS; TO AMEND
CHAPTER 21, TITLE 24 BY ADDING SECTION 24-21-221 SO AS TO
PROVIDE THAT THE COMMISSIONER MUST GIVE A THIRTY-DAY
NOTICE TO CERTAIN PERSONS PRIOR TO CONSIDERING A
PRISONER FOR PAROLE; TO AMEND SECTIONS 24-21-230,
24-21-240, 24-21-250, 24-21-260, 24-21-270, 24-21-280, 24-21-290,
24-21-420, AND 24-21-430, RELATING TO PROBATION OFFICERS,
SO AS TO CHANGE THE REFERENCES TO "OFFICERS"
TO "AGENTS" AND REFERENCES TO "EXECUTIVE
DIRECTOR" TO "COMMISSIONER"; TO AMEND
SECTION 24-21-440, RELATING TO TIME PERIODS OF
PROBATION, SO AS TO DELETE THE REQUIREMENT THAT THE
COURT MUST ENTER A DISCHARGE ORDER UPON COMPLETION
OF THE PROBATION PERIOD; TO AMEND SECTION 24-21-450,
RELATING TO REVOCATION OF PAROLE, SO AS TO CHANGE
REFERENCES TO "OFFICER" TO "AGENT";
TO AMEND SECTION 24-21-480, RELATING TO RESTITUTION
CENTERS, SO AS TO AUTHORIZE THE BOARD TO PLACE A
PRISONER IN A RESTITUTION CENTER AS A CONDITION OF
PAROLE; TO AMEND SECTION 24-21-620, RELATING TO PAROLE
BOARD REVIEWS, SO AS TO CHANGE THE REFERENCE TO THE
"COMMISSIONER OF PAROLES AND PARDONS" TO
"COMMISSIONER"; TO AMEND SECTIONS 24-21-645
AND 24-21-650, RELATING TO THE BOARD, SO AS TO CHANGE
THE REFERENCES TO "EXECUTIVE DIRECTOR" TO
"COMMISSIONER"; TO AMEND SECTION 24-21-660,
RELATING TO A PAROLED PRISONER'S CUSTODY, SO AS TO
REQUIRE THAT THE PRISONER REMAIN IN THE BOARD'S
"JURISDICTION" RATHER THAN IN THE BOARD'S
"LEGAL CUSTODY"; TO AMEND SECTION 24-21-680,
RELATING TO REVOCATION OF PAROLE, SO AS TO REQUIRE
THE PAROLE AGENT TO ISSUE A CITATION UPON THE
VIOLATION OF PAROLE AND TO GRANT THE BOARD THE
AUTHORITY TO MAKE A FINAL DETERMINATION AS TO
REVOCATION RATHER THAN CANCELING THE ORDER OF
PAROLE AND GIVING THE PRISONER THE STATUS OF AN
ESCAPED CONVICT; TO AMEND SECTION 24-21-930, RELATING
TO PARDON ORDERS, SO AS TO CHANGE REFERENCES TO
"EXECUTIVE DIRECTORS" TO
"COMMISSIONERS"; TO AMEND SECTION 24-21-990,
RELATING TO THE EFFECTS OF A PARDON, SO AS TO ALLOW A
PARDONED PRISONER TO HOLD PUBLIC OFFICE EXCEPT AS
PROVIDED FOR IN SECTION 16-13-210; TO AMEND SECTION
24-23-130, RELATING TO THE SUPERVISION OF A PROBATIONER,
SO AS TO CHANGE THE REFERENCES TO "OFFICER"
TO "AGENT"; AND TO REPEAL SECTION 24-21-14
RELATING TO THE COMMISSIONER OF PAROLES AND
PARDONS.
Be it enacted by the General Assembly of the State of South Carolina:
Cooperation of public agencies with the Probation, Parole, and Pardon
Board
SECTION 1. Section 24-21-60 of the 1976 Code is amended to
read:
"Section 24-21-60. Every city, county, or state official or
department shall assist and cooperate to further the objectives of this
chapter. The board, the commissioner of the department, and the probation
agents may seek the cooperation of officials and departments and especially
of the sheriffs, jailers, magistrates, police officials, and institutional
officers. The commissioner may conduct surveys of the State Penitentiary,
county jails, and camps and obtain information to enable the board to pass
intelligently upon all applications for parole. The Commissioner of the
Department of Corrections and the wardens, jailers, sheriffs, supervisors, or
other officers in whose control a prisoner may be committed must aid and
assist the commissioner and the probation agents in the surveys."
Prisoners' records
SECTION 2. Section 24-21-70 of the 1976 Code is amended to
read:
"Section 24-21-70. The Commissioner of the Department of
Corrections, when a prisoner is confined in the State Penitentiary, the
sheriff of the county, when a person is confined in the county jail, and the
county supervisor or chairman of the governing body of the county if there
is no county supervisor, when a prisoner is confined upon a work detail of a
county, must keep a record of the industry, habits, and deportment of the
prisoner, as well as other information requested of the officer by the board
or the commissioner and furnish it to them upon request."
Department commissioner
SECTION 3. Section 24-21-210 of the 1976 Code is amended to
read:
"Section 24-21-210. The board shall employ a commissioner of
the department. The board shall have the power at any time to remove the
commissioner for inefficiency, improper conduct, or for any other just
cause or reason after due notice to him of its intention and an opportunity
for the commissioner to be heard. The commissioner must receive such
salary as may be provided by law. The commissioner must also be paid
traveling and other necessary expenses in the performance of his official
duties and must give full time to the work. The commissioner must possess
academic and professional qualifications commensurate with his duties and
responsibilities."
Management of department by board through commissioner
SECTION 4. Section 24-21-220 of the 1976 Code is amended to read:
"Section 24-21-220. The commissioner, together with the board,
shall be vested with the exclusive management and control of the
department and shall be responsible for the management of the department
and for the proper care, treatment, supervision, and management of
offenders under its control. The board shall manage and control the
department through the commissioner selected by it and it shall be the duty
of the commissioner to carry out the policies of the board. The board shall
delegate to the commissioner authority to manage the affairs of the
department, subject to board control and supervision. The commissioner is
responsible for scheduling board meetings, assuring that the proper cases
and investigations are prepared for the board, maintaining the board's
official records, and performing such other administrative duties relating to
the board's activities as assigned by the board. The commissioner must
employ within his office such personnel as may be necessary to carry out
his duties and responsibilities including the functions of probation and
parole supervision, community based programs, financial management,
research and planning, staff development and training, and internal audit.
The board shall cause the commissioner to make full and complete reports
to each regular meeting of the full board of the fiscal affairs of the
department and of the general conditions relating thereto. The
commissioner shall make annual written reports to the board, the Governor,
and the General Assembly providing statistical and other information
pertinent to the department's activities.
Notice of parole hearings to certain persons
SECTION 5. Chapter 21, Title 24 of the 1976 Code is amended by
adding:
"Section 24-21-221. The commissioner must give a thirty-day
written notice of any board hearing during which the board will consider
parole for a prisoner to the following persons:
(1) any victim of the crime who suffered damage to his person as a
result thereof or if such victim is deceased, to members of his immediate
family to the extent practicable;
(2) the solicitor who prosecuted the prisoner or his successor in the
jurisdiction in which the crime was prosecuted; and
(3) the law enforcement agency that was responsible for the arrest of
the prisoner concerned."
Probation and parole agents' qualifications and training
SECTION 6. Section 24-21-230 of the 1976 Code is amended to read:
"Section 24-21-230. The commissioner must employ such
probation agents as required for service in the State and such clerical
assistants as may be necessary. Such probation and parole agents must take
and pass such psychological and qualifying examinations as directed by the
board. The commissioner must insure that each probation agent receives
such training as required by the board. Until such initial employment
requirements are met, no person may take the oath of a probation agent nor
exercise the authority granted thereto."
Oath of probation agents
SECTION 7. Section 24-21-240 of the 1976 Code is amended to read:
"Section 24-21-240. Each person appointed as a probation agent
must take an oath of office as required of state officers which must be noted
of record by the clerk of court."
Probation agents' compensation
SECTION 8. Section 24-21-250 of the 1976 Code is amended to read:
"Section 24-21-250. The probation agents must be paid salaries,
to be fixed by the board, payable semimonthly, and also be paid traveling
and other necessary expenses incurred in the performance of their official
duties when the expense accounts have been authorized and approved by
the commissioner."
Probation agents' assignment locations
SECTION 9. Section 24-21-260 of the 1976 Code is amended to read:
"Section 24-21-260. Probation agents appointed under Section
24-21-230 must be assigned to serve in courts or districts or other places
the commissioner may determine."
Probation agent office space
SECTION 10. Section 24-21-270 of the 1976 Code is amended to
read:
"Section 24-21-270. The governing body of each county in which
a probation agent serves shall provide, in or near the courthouse, suitable
office space for such agent."
Duties and powers of probation agents
SECTION 11. Section 24-21-280 of the 1976 Code is amended to
read:
"Section 24-21-280. A probation agent must investigate all cases
referred to him for investigation by the judges or commissioner and report
in writing. He must furnish to each person released on probation under his
supervision a written statement of the conditions of probation and must
instruct him regarding them. He must keep informed concerning the
conduct and condition of each person on probation or parole under his
supervision by visiting, requiring reports, and in other ways and must report
in writing as often as the court or commissioner may require. He must use
practicable and suitable methods to aid and encourage persons on probation
or parole to bring about improvement in their conduct and condition. A
probation agent must keep detailed records of his work, make reports in
writing, and perform other duties as the commissioner may require. A
probation agent must have, in the execution of his duties, the power to issue
an arrest warrant or a citation charging a violation of conditions of
supervision, the powers of arrest, and to the extent necessary the same right
to execute process given by law to sheriffs. In the performance of his
duties of probation and parole investigation and supervision, he is regarded
as the official representative of the court and the board."
Privileged information obtained by probation agents
SECTION 12. Section 24-21-290 of the 1976 Code is amended to
read:
"Section 24-21-290. All information and data obtained in the
discharge of his official duty by a probation agent is privileged information,
is not receivable as evidence in a court, and may not be disclosed directly
or indirectly to anyone other than the judge or others entitled under this
chapter to receive reports unless ordered by the court or the
commissioner."
Report of probation officer on defendant and offense
SECTION 13. Section 24-21-420 of the 1976 Code is amended to
read:
"Section 24-21-420. When directed by the court, the probation
agent must fully investigate and report to the court in writing the
circumstances of the offense and the criminal record, social history, and
present condition of the defendant including, whenever practicable, the
findings of a physical and mental examination of the defendant. When the
services of a probation agent are available to the court, no defendant
charged with a felony and, unless the court shall direct otherwise in
individual cases, no other defendant may be placed on probation or released
under suspension of sentence until the report of such investigation has been
presented to and considered by the court."
Conditions of probation
SECTION 14. Section 24-21-430 of the 1976 Code is amended to
read:
"Section 24-21-430. The court shall determine and may impose
by order duly entered and may at any time modify the conditions of
probation and may include among them any of the following or any other
condition not herein prohibited.
The probationer shall:
(1) refrain from the violations of any state or federal penal laws;
(2) avoid injurious or vicious habits;
(3) avoid persons or places of disreputable or harmful character;
(4) permit the probation agent to visit at his home or elsewhere;
(5) work faithfully at suitable employment as far as possible;
(6) pay a fine in one or several sums as directed by the court;
(7) perform public service work as directed by the court;
(8) submit to a urinalysis or a blood test or both upon request of the
probation agent;
(9) submit to curfew restrictions;
(10) submit to house arrest which is confinement in a residence for a
period of twenty-four hours a day, with only those exceptions as the court
may expressly grant in its discretion;
(11) submit to intensive surveillance which may include surveillance by
electronic means;
(12) support his dependents; and
(13) follow the probation agent's instructions and advice regarding
recreational and social activities."
Period of probation
SECTION 15. Section 24-21-440 of the 1976 Code is amended to
read:
"Section 24-21-440. The period of probation or suspension of
sentence shall not exceed a period of five years and shall be determined by
the judge of the court and may be continued or extended within the above
limit."
Arrest for violation of term of probation
SECTION 16. Section 24-21-450 of the 1976 Code is amended to
read:
"Section 24-21-450. At any time during the period of probation or
suspension of sentence the court, or the court within the venue of which the
violation occurs, or the probation agent may issue or cause the issuing of a
warrant and cause the defendant to be arrested for violating any of the
conditions of probation or suspension of sentence. Any police officer or
other agent with power of arrest, upon the request of the probation agent,
may arrest a probationer. In case of an arrest, the arresting officer or agent
must have a written warrant from the probation agent setting forth that the
probationer has, in his judgment, violated the conditions of probation, and
such statement shall be warrant for the detention of such probationer in the
county jail or other appropriate place of detention, until such probationer
can be brought before the judge of the court or of the court within the
venue of which the violation occurs. Such probation agent must forthwith
report such arrest and detention to the judge of the court, or of the court
within the venue of which the violation occurs, and submit in writing a
report showing in what manner the probationer has violated his probation.
Provided, that any person arrested for the violation of the terms of
probation must be entitled to be released on bond pending a hearing, and
such bond shall be granted and the amount thereof determined by a
magistrate in the county where the probationer is confined or by the
magistrate in whose jurisdiction the alleged violation of probation
occurred."
Conditions of placement in restitution centers; distribution of offenders'
salaries
SECTION 17. Section 24-21-480 of the 1976 Code is amended to
read:
"Section 24-21-480. The judge may suspend a sentence for a
defendant convicted of a nonviolent offense, as defined in Section 16-1-70,
for which imprisonment of more than ninety days may be imposed, or as a
revocation of probation, and may place the offender in a restitution center
as a condition of probation. The board may place a prisoner in a restitution
center as a condition of parole. The department, on the first day of each
month, shall present to the general sessions court a report detailing the
availability of bed space in the restitution center program. The restitution
center is a program under the jurisdiction of the department.
The offender must have paid employment and/or be required to perform
public service employment up to a total of fifty hours per week.
The offender must deliver his salary to the restitution center staff who
must distribute it in the following manner:
(1) restitution to the victim or payment to the account established
pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II,
Chapter XIV, Section 1404, as ordered by the court;
(2) payment of child support or alimony or other sums as ordered by a
court;
(3) payment of any fines or court fees due;
(4) payment of six dollars and fifty cents per day for housing and food.
This payment is in lieu of supervision fees while in the restitution center.
This fee must be deposited by the department with the State Treasurer for
credit to the same account as funds collected under Sections 14-1-210
through 14-1-230;
(5) payment of any costs incurred while in the restitution center;
(6) if available, fifteen dollars per week for personal items.
The remainder must be deposited and given to the offender upon his
discharge.
The offender must be in the restitution center for not more than six
months, nor less than three months; provided, however, in those cases
where the maximum term is less than one year the offender must be in the
restitution center for not more than ninety days nor less than forty-five
days.
Upon release from the restitution center, the offender must be placed on
probation for a term as ordered by the court.
Failure to comply with program requirements may result in a request to
the court to revoke the suspended sentence.
No person must be made ineligible for this program by reason of
gender."
Procedures for reviewing cases for parole
SECTION 18. Section 24-21-620 of the 1976 Code is 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 application has been made therefor, for the
purpose of determining whether or not such prisoner is entitled to any of
the benefits provided for in this chapter; provided, that in cases of prisoners
in confinement due to convictions for nonviolent crimes, an administrative
hearing officer may be appointed by the commissioner to review the case
who must submit to the full board written findings of fact and
recommendations which shall 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 be reviewed every twelve months thereafter for the purpose of
such determination."
Authorization for orders of parole including provisional orders
SECTION 19. Section 24-21-645 of the 1976 Code is 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
the effective date of the parole; provided, that 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 commissioner or one lawfully acting for him 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 for a violent crime as defined in Section 16-1-60 must have
their cases reviewed every two years for the purpose of a determination of
parole."
Orders of parole for violent crimes
SECTION 20. Section 24-21-650 of the 1976 Code is amended to
read:
"Section 24-21-650. The board shall issue an order authorizing
the parole which must be signed by at least a majority of its members with
terms and conditions, if any, but at least two-thirds of the members of the
board must sign orders authorizing parole for persons convicted of a violent
crime as defined in Section 16-1-60. The commissioner, or one lawfully
acting for him, then must issue a parole order which, if accepted by the
prisoner, provides for his release from custody. Upon a negative
determination of parole, prisoners in confinement for a violent crime as
defined in Section 16-1-60 must have their cases reviewed every two years
for the purpose of a determination of parole."
Terms of parole
SECTION 21. Section 24-21-660 of the 1976 Code is amended to
read:
"Section 24-21-660. Any prisoner who has been paroled is
subject during the remainder of his original term of imprisonment, up to the
maximum, to the conditions and restrictions imposed in the order of parole
or by law imposed. Every such paroled prisoner must remain in the
jurisdiction of the board and may at any time on the order of the board, be
imprisoned as and where therein designated."
Violation of parole
SECTION 22. Section 24-21-680 of the 1976 Code is amended to
read:
"Section 24-21-680. Upon failure of any prisoner released on
parole under the provisions of this chapter to do or refrain from doing any
of the things set forth and required to be done by and under the terms of his
parole, the parole agent must issue a warrant or citation charging the
violation of parole, and a final determination must be made by the board as
to whether the prisoner's parole should be revoked and whether he should
be required to serve any part of the remaining unserved sentence. But such
prisoner must be eligible to parole thereafter when and if the board thinks
such parole would be proper. The board shall be the sole judge as to
whether or not a parole has been violated and no appeal therefrom shall be
allowed; provided, that any person arrested for violation of terms of parole
may be released on bond, for good cause shown, pending final
determination of the violation by the Probation, Parole and Pardon Board.
No bond shall be granted except by the presiding or resident judge of the
circuit wherein the prisoner is arrested, or, if there be no judge within such
circuit, by the judge, presiding or resident, in an adjacent circuit, and the
judge granting the bond shall determine the amount thereof."
Order of pardon
SECTION 23. Section 24-21-930 of the 1976 Code is amended to
read:
"Section 24-21-930. An order of pardon must be signed by at
least two-thirds of the members of the board. Upon the issue of the order
by the board, the commissioner, or one lawfully acting for him, must issue
a pardon order which provides for the restoration of the pardon applicant's
civil rights."
Rights restored by pardon
SECTION 24. Section 24-21-990 of the 1976 Code is amended to
read:
"Section 24-21-990. A pardon shall fully restore all civil rights
lost as a result of a conviction, which shall include the right to:
(1) register to vote;
(2) vote;
(3) serve on a jury;
(4) hold public office, except as provided in Section 16-13-210;
(5) testify without having the fact of his conviction introduced for
impeachment purposes unless the crime indicates a lack of veracity;
(6) not have his testimony excluded in a legal proceeding if convicted
of perjury; and
(7) be licensed for any occupation requiring a license."
Termination of probation
SECTION 25. Section 24-23-130 of the 1976 Code is amended to
read:
"Section 24-23-130. Upon the satisfactory fulfillment of the
conditions of probation for a period of two years, the court may, with the
recommendation of the agent in charge of the responsible county probation
office, terminate the probationer from supervision."
Repeal
SECTION 26. Section 24-21-14 of the 1976 Code is repealed.
Time effective
SECTION 27. This act takes effect upon approval by the
Governor.
Approved the 12th day of June, 1991. |