S*974 Session 108 (1989-1990)
S*0974(Rat #0734, Act #0594 of 1990) General Bill, By M.T. Rose and Wilson
A Bill to amend Chapter 13, Title 24, Code of Laws of South Carolina, 1976, by
adding Article 15 so as to provide for home detention as an alternative to
prison incarceration.-amended title
12/11/89 Senate Prefiled
12/11/89 Senate Referred to Committee on Corrections and Penology
01/09/90 Senate Introduced and read first time SJ-77
01/09/90 Senate Referred to Committee on Corrections and Penology SJ-77
04/03/90 Senate Committee report: Favorable with amendment
Corrections and Penology SJ-19
04/04/90 Senate Amended SJ-19
04/04/90 Senate Read second time SJ-22
04/04/90 Senate Ordered to third reading with notice of
amendments SJ-22
04/05/90 Senate Amended SJ-27
04/05/90 Senate Read third time and sent to House SJ-27
04/10/90 House Introduced and read first time HJ-8
04/10/90 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-8
05/02/90 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-53
05/10/90 House Debate adjourned until Thursday, May 17, 1990 HJ-50
05/17/90 House Amended HJ-33
05/17/90 House Objection by Rep. Limehouse, Derrick & Davenport HJ-33
05/30/90 House Objection withdrawn by Rep. Davenport HJ-26
05/31/90 House Objection withdrawn by Rep. Limehouse HJ-59
06/05/90 House Objection by Rep. Limehouse & Davenport HJ-24
06/06/90 House Objection withdrawn by Rep. Davenport & Limehouse HJ-76
06/06/90 House Amended HJ-76
06/06/90 House Read second time HJ-78
06/06/90 House Unanimous consent for third reading on next
legislative day HJ-78
06/07/90 House Read third time and returned to Senate with
amendments HJ-23
06/07/90 Senate Concurred in House amendment and enrolled SJ-67
06/19/90 Ratified R 734
06/25/90 Signed By Governor
06/25/90 Effective date 06/25/90
06/25/90 Act No. 594
07/16/90 Copies available
(A594, R734, S974)
AN ACT TO AMEND CHAPTER 13, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING ARTICLE 15 SO AS TO PROVIDE FOR HOME DETENTION AS AN
ALTERNATIVE TO PRISON INCARCERATION.
Be it enacted by the General Assembly of the State of South Carolina:
Home Detention Act
SECTION 1. Chapter 13, Title 24 of the 1976 Code is amended by
adding:
"Article 15
Home Detention Act
Section 24-13-1510. This article is known and may be cited as the
`Home Detention Act'.
Section 24-13-1520. As used in this article:
(1) 'Department' means, in the case of a juvenile offender, the
Department of Youth Services and, in the case of an adult offender,
the Department of Probation, Parole and Pardon Services, the
Department of Corrections, and any other law enforcement agency
created by law.
(2) 'Court' means a circuit or family court having criminal or
juvenile jurisdiction to sentence an individual to incarceration for a
violation of law, the Board of Probation, Parole and Pardon Services,
Juvenile Parole, and the Department of Corrections.
(3) 'Approved electronic monitoring device' means a device
approved by the department which is primarily intended to record and
transmit information as to the defendant's presence or nonpresence in
the home.
An approved electronic monitoring device may record or transmit:
oral or wire communications or an auditory sound; visual images; or
information regarding the offender's activities while inside the
offender's home. These devices are subject to the required consent as
set forth in Section 24-13-1550.
An approved electronic monitoring device may be used to record a
conversation between the participant and the monitoring device, or the
participant and the person supervising the participant, solely for the
purpose of identification and not for the purpose of eavesdropping or
conducting any other illegally intrusive monitoring.
(4) 'Home detention' means the confinement of a person convicted
or charged with a crime to his place of residence under the terms and
conditions established by the department.
(5) 'Participant' means an inmate/offender placed into an
electronic monitoring program.
Section 24-13-1530. 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.
Section 24-13-1540. If a department desires to implement a home
detention program it must promulgate regulations that prescribe
reasonable guidelines under which a home detention program may
operate. These regulations must require that the participant remain
within the interior premises or within the property boundaries of his
residence at all times during the hours designated by the department.
Approved absences from the home for a participant may include:
(1) hours in employment approved by the department or traveling
to or from approved employment;
(2) time seeking employment approved for the participant by the
department;
(3) medical, psychiatric, mental health treatment, counseling,
or other treatment programs approved for the participant by the
department;
(4) attendance at an educational institution or a program
approved for the participant by the department;
(5) attendance at a regularly scheduled religious service at a
place of worship; or
(6) participation in a community work release or community
service program approved by the department.
Section 24-13-1550. The participant shall admit a person or agent
designated by the department into his residence at any time for
purposes of verifying the participant's compliance with the conditions
of his detention.
The participant shall make the necessary arrangements to allow
for a person designated by the department to visit the participant's
place of education or employment at any time, upon approval of the
educational institution or employer, for the purpose of verifying the
participant's compliance with the conditions of his detention.
Section 24-13-1560. The participant shall use an approved
electronic monitoring device as 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.
Section 24-13-1570. (A) The participant shall obtain approval
from the department before he changes his residence or the schedule
described in Section 24-13-1540.
(B) Notice must be given to the participant by the department
that violation of the order for home detention subjects the
participant to prosecution for the crime of escape as a misdemeanor,
that commission of another crime revokes the order for home detention,
and that if there is a violation or commission, the court shall
sentence him to imprisonment.
(C) The participant shall abide by other conditions set by the
department.
(D) The victim of the participant's crime, or his immediate
family, must be provided the opportunity of oral or written input and
comment to the department or court, or both, regarding the
participant's home detention sentence.
Section 24-13-1580. Before entering an order for commitment for
electronic home detention, the court shall inform the participant and
other persons residing in the home of the nature and extent of the
approved electronic monitoring devices by:
(1) securing the written consent of the participant in the
program to comply with the regulations of the program as stipulated in
Section 24-13-1540 and the requirements of this article;
(2) securing, upon request of the department, the written
consent of other adult persons residing in the home of the participant
at the time an order or commitment for electronic home detention is
entered and acknowledgment that they understand the nature and extent
of approved electronic monitoring devices; and
(3) insuring that the approved electronic devices are minimally
intrusive upon the privacy of the participant and other persons
residing in the home while remaining in compliance with Sections
24-13-1550 and 24-13-1560.
Section 24-13-1590. Nothing in this article:
(1) applies to a person, regardless of age, who violates the
illicit narcotic drugs and controlled substances laws of this State;
or
(2) diminishes the lawful authority of the courts of this State,
the Department of Youth Services, or the Board of Probation, Parole
and Pardon Services to regulate or impose conditions for probation or
parole."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 25th day of June, 1990.
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