S*1451 Session 108 (1989-1990)
S*1451(Rat #0749, Act #0608 of 1990) General Bill, By Drummond, Bryan,
D.L. Hinds, W.R. Lee, J.M. Long and O'Dell
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 13
to Chapter 13, Title 24 so as to provide for a shock incarceration program
through the Department of Corrections; to repeal Section 24-21-475 relating to
the Shock Probation Program; and to amend Section 14-1-210, relating to a
court fee to fund certain programs, so as to include the Shock Incarceration
Program.-amended title
03/28/90 Senate Introduced and read first time SJ-198
03/28/90 Senate Referred to Committee on Corrections and Penology
SJ-198
04/19/90 Senate Committee report: Favorable with amendment
Corrections and Penology SJ-35
04/24/90 Senate Amended SJ-27
04/24/90 Senate Read second time SJ-28
04/24/90 Senate Ordered to third reading with notice of
amendments SJ-28
04/25/90 Senate Read third time and sent to House SJ-23
04/26/90 House Introduced and read first time HJ-24
04/26/90 House Referred to Committee on Judiciary HJ-25
05/09/90 House Committee report: Favorable with amendment
Judiciary HJ-9
05/16/90 House Objection by Rep. Hodges, Huff & Limehouse HJ-17
05/31/90 House Objection withdrawn by Rep. Hodges HJ-58
05/31/90 House Objection withdrawn by Rep. Huff HJ-59
05/31/90 House Objection withdrawn by Rep. Limehouse HJ-61
06/06/90 House Amended HJ-65
06/06/90 House Objection by Rep. Hodges, McEachin & T. Rogers HJ-6
06/07/90 House Objection withdrawn by Rep. Hodges & McEachin HJ-40
06/07/90 House Amended HJ-41
06/07/90 House Read second time HJ-41
06/07/90 House Unanimous consent for third reading on next
legislative day HJ-42
06/19/90 House Read third time and returned to Senate with
amendments HJ-9
06/19/90 Senate Concurred in House amendment and enrolled SJ-101
06/19/90 Ratified R 749
06/25/90 Signed By Governor
06/25/90 Effective date 06/25/90
06/25/90 Act No. 608
07/16/90 Copies available
(A608, R749, S1451)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING
ARTICLE 13 TO CHAPTER 13, TITLE 24 SO AS TO PROVIDE FOR A SHOCK
INCARCERATION PROGRAM THROUGH THE DEPARTMENT OF CORRECTIONS; TO REPEAL
SECTION 24-21-475 RELATING TO THE SHOCK PROBATION PROGRAM; AND TO
AMEND SECTION 14-1-210, RELATING TO A COURT FEE TO FUND CERTAIN
PROGRAMS, SO AS TO INCLUDE THE SHOCK INCARCERATION PROGRAM.
Be it enacted by the General Assembly of the State of South Carolina:
Shock Incarceration Program
SECTION 1. Chapter 13, Title 24 of the 1976 Code is amended by
adding:
"Article 13
Shock Incarceration Program
Section 24-13-1310. As used in this article:
(1) 'Eligible inmate' means a person committed to the South
Carolina Department of Corrections:
(a) who has not reached the age of twenty-six years at the
time of admission to the department;
(b) who is eligible for release on parole in two years or
less;
(c) who has not been convicted of a violent crime as
defined in Section 16-1-60;
(d) who has not been incarcerated previously in a state
correctional facility or has not served a sentence previously in a
shock incarceration program;
(e) who physically is able to participate in the program;
(f) whose sentence specifically does not prohibit the
offender from participating in the shock incarceration program.
(2) 'Shock incarceration program' means a program pursuant to
which eligible inmates are selected directly at reception centers to
participate in the program and serve ninety days in an incarceration
facility, which provides rigorous physical activity, intensive
regimentation, and discipline and rehabilitation therapy and
programming.
(3) 'Commissioner' means the Commissioner of the Department of
Corrections.
Section 24-13-1320. (A) The commissioner of the department,
guided by consideration for the safety of the community and the
welfare of the inmate, shall promulgate regulations, according to
procedures set forth in the Administrative Procedures Act, for the
shock incarceration program. The regulations must reflect the purpose
of the program and include, but are not limited to, selection
criteria, inmate discipline, programming and supervision, and program
structure and administration.
(B) For each reception center the commissioner shall appoint or
cause to be appointed a shock incarceration selection committee which
must include at least one representative of the Department of
Probation, Parole, and Pardon Services and which shall meet on a
regularly scheduled basis to review all applications for a program.
(C) A program may be established only at an institution
classified by the commissioner as a shock incarceration facility.
(D) The department shall undertake studies and prepare reports
periodically on the impact of a program and on whether the
programmatic objectives are met.
Section 24-13-1330. (A) An eligible inmate may make an
application to the shock incarceration screening committee for
permission to participate in a shock incarceration program. If the
department has a victim witness notification request for an eligible
inmate who has made an application, it shall notify the victim of the
application.
(B) The committee shall consider input received from law
enforcement agencies, victims, and others in making its decision for
approval or disapproval of participation. If the committee determines
that an inmate's participation in a program is consistent with the
safety of the community, the welfare of the applicant, and the
regulations of the department, the committee shall forward the
application to the commissioner or his designee for approval or
disapproval.
(C) An applicant may not participate in a program unless he
agrees to be bound by all of its terms and conditions and indicates
this agreement by signing the following:
'I accept the foregoing program and agree to be bound by its
terms and conditions. I understand that my participation in the
program is a privilege that may be revoked at the sole discretion of
the commissioner. I understand that I shall complete the entire
program successfully to obtain a certificate of earned eligibility
upon the completion of the program, and if I do not complete the
program successfully, for any reason, I will be transferred to a
nonshock incarceration correctional facility to continue service of my
sentence.'
(D) An inmate who has completed a shock incarceration program
successfully is eligible to receive a certificate of earned
eligibility and must be granted parole release.
(E) Participation in a shock incarceration program is a
privilege. Nothing contained in this article confers upon an inmate
the right to participate or continue to participate in a program.
Section 24-13-1340. (A) A court may order that a defendant who
has not reached twenty-six years of age and who has not been convicted
of a violent crime as defined in Section 16-1-60, but who is found
guilty of an offense for which a term of imprisonment of five years or
more may be imposed or who is being revoked from a sentence of
probation, be evaluated by the shock incarceration screening
committee. The inmate then must be transferred to the custody of the
department for evaluation.
(B) The commissioner shall submit his findings, along with
recommendations for sentencing, to the court within fifteen working
days after an inmate has been received into the custody of the
department.
(C) After the findings are submitted, the court may impose
sentence as appropriate which may include:
(1) suspending the sentence and placing the defendant on
probation;
(2) sentencing the defendant to the shock incarceration
program, with or without his consent;
(3) sentencing the defendant to another term as provided
by law."
Repeal
SECTION 2. Section 24-21-475 of the 1976 Code is repealed.
Court fee to fund program
SECTION 3. The first paragraph of Section 14-1-210 is amended to
read:
"Beginning on July 1, 1985, and continuously after that
date, each conviction for an offense against the State must be
assessed a cost of court fee to fund programs established pursuant to
Chapter 21 of Title 24 and the Shock Incarceration Program as provided
in Article 13, Chapter 13 of Title 24.
An expenditure of these funds pursuant to this section for an
expansion of the Shock Incarceration Program after July 1, 1990, may
not impact adversely on programs operating pursuant to Chapter 21 of
Title 24."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 25th day of June, 1990.
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