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H*4323 Session 110 (1993-1994)
H*4323(Rat #0585, Act #0007 of 1995) General Bill, By Wilkins, Allison,
R.S. Corning, Harrell, Haskins, H.G. Hutson, M.F. Jaskwhich, Meacham, J.J. Snow,
Stuart and Walker
A Bill to create the Omnibus Crime Bill.-amended title
12/01/93 House Prefiled
12/01/93 House Referred to Committee on Judiciary
01/11/94 House Introduced and read first time HJ-19
01/11/94 House Referred to Committee on Judiciary HJ-19
02/10/94 House Committee report: Favorable with amendment
Judiciary HJ-505
03/01/94 House Amended HJ-42
03/01/94 House Read second time HJ-42
03/01/94 House Reconsider vote whereby read second time HJ-44
03/01/94 House Amended HJ-44
03/01/94 House Read second time HJ-46
03/02/94 House Read third time and sent to Senate HJ-16
03/03/94 Senate Introduced and read first time SJ-7
03/03/94 Senate Referred to Committee on Judiciary SJ-7
04/28/94 Senate Committee report: Favorable with amendment
Judiciary SJ-19
04/28/94 Senate Amended SJ-19
04/28/94 Senate Read second time SJ-30
04/28/94 Senate Ordered to third reading with notice of
amendments SJ-30
04/28/94 Senate Special order SJ-30
05/04/94 Senate Amended SJ-31
05/04/94 Senate Debate interrupted SJ-43
05/19/94 Senate Amended SJ-51
05/19/94 Senate Read third time and returned to House with
amendments SJ-63
06/01/94 House Senate amendment amended HJ-106
06/01/94 House Returned to Senate with amendments HJ-268
06/01/94 Senate Non-concurrence in House amendment SJ-70
06/01/94 House House insists upon amendment and conference
committee appointed Reps. Reps. Wilkins, Hodges
& Martin HJ-340
06/01/94 Senate Conference committee appointed Sens. Holland,
Stilwell, Jackson SJ-132
06/02/94 House Conference report received and adopted HJ-108
06/02/94 Senate Conference report received and adopted SJ-132
06/02/94 Senate Ordered enrolled for ratification SJ-180
06/02/94 Ratified R 585
01/12/95 Became law without Governor's signature
01/12/95 Act No. 7
(A7 of 1995, R585, H4323)
AN ACT TO AMEND SECTION 16-1-20, AS AMENDED,
RELATING TO CLASSES OF FELONIES AND MISDEMEANORS, SO
AS TO PROVIDE THAT THE MINIMUM TERM OF IMPRISONMENT
DOES NOT APPLY TO MISDEMEANORS LISTED IN SECTION
16-1-100 AND TO FURTHER PROVIDE THAT THIS PROVISION
DOES NOT APPLY WHEN THE OFFENSE PROHIBITS SUSPENSION
OF ANY PART OF THE SENTENCE; TO AMEND SECTION 16-1-57,
RELATING TO THE CLASSIFICATION OF REPEAT OFFENDERS
FOR CERTAIN PROPERTY CRIMES, SO AS TO PROVIDE THAT
THIRD OR SUBSEQUENT OFFENSES ARE CLASS E FELONIES; TO
AMEND SECTION 16-1-60, AS AMENDED, RELATING TO VIOLENT
CRIMES, SO AS TO ADD THE OFFENSE OF TRAFFICKING IN
CRACK COCAINE, AND THE OFFENSE OF ENGAGING A CHILD
FOR A SEXUAL PERFORMANCE, AND TO INCLUDE ACCESSORY
AND ATTEMPT TO COMMIT ANY VIOLENT CRIME AS A VIOLENT
CRIME AND TO REPEAL THE PROVISION REQUIRING THE CRIME
TO BE DEFINED AS A VIOLENT CRIME AT THE TIME IT WAS
COMMITTED; TO AMEND SECTION 16-11-330, AS AMENDED,
RELATING TO ARMED ROBBERY, SO AS TO REQUIRE A
MANDATORY MINIMUM TERM OF IMPRISONMENT OF NOT LESS
THAN TEN YEARS, NO PART OF WHICH MAY BE SUSPENDED OR
PROBATION GRANTED; TO AMEND SECTION 16-13-10, AS
AMENDED, RELATING TO FORGERY, SECTION 16-13-210, AS
AMENDED, RELATING TO EMBEZZLEMENT, SECTION 16-13-385,
AS AMENDED, RELATING TO TAMPERING OF UTILITY METERS,
AND SECTION 16-13-425, AS AMENDED, RELATING TO THE
FAILURE TO RETURN VIDEO AND CASSETTE TAPES, SO AS TO
REVISE THE PENALTIES FOR THESE OFFENSES; TO AMEND
SECTION 16-14-20, SECTIONS 16-14-40, AS AMENDED, 16-14-60, AS
AMENDED, AND 16-14-70, AS AMENDED, RELATING TO
FINANCIAL TRANSACTION CARD FRAUD, SO AS TO REVISE THE
PENALTIES FOR THESE OFFENSES; TO AMEND SECTION
16-15-305, RELATING TO OBSCENITY, SO AS TO INCREASE THE
PENALTY TO CONFORM WITH THE CRIME CLASSIFICATION ACT
OF 1993; BY ADDING SECTION 16-25-90 SO AS TO PROVIDE THE
TIME WHICH MUST BE SERVED BY AN INMATE WHO HAS
PRESENTED EVIDENCE OF CRIMINAL DOMESTIC VIOLENCE IN
CONNECTION WITH THEIR OFFENSE; BY ADDING SECTION
17-23-170 SO AS TO PROVIDE FOR THE ADMISSIBILITY OF
EVIDENCE OF BATTERED SPOUSE SYNDROME IN A CRIMINAL
ACTION; TO AMEND SECTION 22-3-545, AS AMENDED, RELATING
TO THE TEMPORARY AUTHORITY TO TRANSFER CERTAIN
CRIMINAL CASES FROM GENERAL SESSIONS COURT TO
MAGISTRATE'S COURT, SO AS TO MAKE PERMANENT THE
AUTHORITY TO TRANSFER THESE CASES; TO AMEND SECTIONS
44-53-370, AS AMENDED, AND 44-53-375, AS AMENDED,
RELATING TO TRAFFICKING IN CERTAIN CONTROLLED
SUBSTANCES AND CRACK COCAINE, RESPECTIVELY, SO AS TO
PROVIDE FOR A MANDATORY MINIMUM TERM OF
IMPRISONMENT WITHOUT PAROLE, WORK RELEASE, OR
SUPERVISED FURLOUGH; AND TO PROVIDE FOR THE
PROSPECTIVE AND RETROSPECTIVE APPLICATION OF THE
PROVISIONS OF THIS ACT; TO REPEAL CHAPTER 25 OF TITLE 2
RELATING TO THE CRIME STUDY COMMITTEE; TO AMEND
SECTION 22-3-545, AS AMENDED, RELATING TO THE
TEMPORARY AUTHORITY TO TRANSFER CERTAIN CRIMINAL
CASES FROM GENERAL SESSIONS COURT TO MAGISTRATE'S
COURT, SO AS TO VEST THE AUTHORITY TO HEAR A PETITION
IN A CIRCUIT COURT JUDGE; TO AMEND SECTION 17-22-60, AS
AMENDED, RELATING TO PRETRIAL INTERVENTION SO AS TO
REMOVE THE AGE REQUIREMENT; TO AMEND SECTION
20-7-390, RELATING TO THE DEFINITION OF "CHILD",
SO AS TO REVISE THIS DEFINITION WITH REGARD TO CERTAIN
CRIMES; TO AMEND SECTION 20-7-430, AS AMENDED, RELATING
TO TRANSFER OF JURISDICTION OF JUVENILES FROM ONE
COURT TO ANOTHER SO AS TO REVISE THE REQUIREMENTS
FOR TRANSFERRING JURISDICTION; TO AMEND SECTION
20-7-770, AS AMENDED, RELATING TO RELEASE OF A
JUVENILE'S RECORD, SO AS TO PROVIDE ACCESS TO THESE
RECORDS FOR LAW ENFORCEMENT; TO AMEND SECTION
20-7-780, RELATING TO RECORDS, FINGERPRINTING, AND
PHOTOGRAPHS OF JUVENILES, SO AS TO FURTHER PROVIDE
UNDER WHAT CIRCUMSTANCES RECORDS ARE OPEN TO THE
PUBLIC, THE IDENTITY OR PICTURE OF A CHILD MAY BE
PUBLISHED BY THE MEDIA, FINGERPRINTS MAY BE TAKEN,
AND RECORDS MAY BE TRANSFERRED TO OTHER LAW
ENFORCEMENT AGENCIES; TO AMEND SECTION 20-7-3300, AS
AMENDED, RELATING TO JUVENILE'S RECORDS, SO AS TO
PROVIDE CERTAIN CIRCUMSTANCES UNDER WHICH A
JUVENILE'S RECORD IS PROVIDED TO A SCHOOL; TO AMEND
SECTION 23-3-120, AS AMENDED, RELATING TO CRIMINAL
INFORMATION REPORTED TO SLED, SO AS TO REQUIRE
REPORTING ON JUVENILES; TO AMEND SECTION 24-19-10,
RELATING TO THE YOUTHFUL OFFENDER ACT, SO AS TO
REVISE THE DEFINITION OF "YOUTHFUL OFFENDER";
TO AMEND SECTION 20-7-600, AS AMENDED, RELATING TO
PREADJUDICATORY DETENTION OF JUVENILES, SO AS TO
FURTHER PROVIDE FOR THE PROCEDURES FOR DETENTION; TO
AMEND SECTION 20-7-2115, AS AMENDED, RELATING TO THE
JUVENILE PAROLE BOARD, SO AS TO AUTHORIZE THE BOARD
RATHER THAN THE DEPARTMENT OF SOCIAL SERVICES TO
EMPLOY A DIRECTOR; BY ADDING SECTION 24-3-93 SO AS TO
PROHIBIT PRISONERS FROM WEARING JEWELRY AND TO
PROVIDE EXCEPTIONS; BY ADDING SECTION 16-1-120 SO AS TO
PROVIDE FOR INCREASED SENTENCING OF OFFENDERS FOR
SUBSEQUENT OFFENSES; BY ADDING SECTION 24-3-81 AND BY
ADDING SECTION 24-3-951 SO AS TO PROHIBIT PRISONERS
FROM HAVING CONJUGAL VISITS AND FROM POSSESSING
UNITED STATES CURRENCY AND TO PROVIDE EXCEPTIONS; TO
AMEND SECTION 24-21-10 RELATING TO THE COMPOSITION OF
THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES
SO AS TO PROVIDE PROCEDURES FOR FILLING VACANCIES ON
THE BOARD; TO AMEND TITLE 2, OF THE 1976 CODE, BY
ADDING CHAPTER 48 SO AS TO ENACT THE COMMUNITY
CORRECTIONS INCENTIVE ACT TO ENABLE COURTS TO
SENTENCE NONVIOLENT OFFENDERS TO LESS COSTLY
COMMUNITY CORRECTIONAL FACILITIES FOR HOUSING BOTH
STATE AND LOCAL INMATES IN ALTERNATIVE SENTENCING
PROGRAMS; BY ADDING SECTION 17-27-45 SO AS TO PROVIDE
THAT AN APPLICATION FOR RELIEF FILED PURSUANT TO THE
UNIFORM POST CONVICTION PROCEDURE ACT MUST BE FILED
WITHIN ONE YEAR AFTER THE ENTRY OF A JUDGMENT OF
CONVICTION, OR WITHIN ONE YEAR AFTER THE SENDING OF
THE REMITTITUR TO THE LOWER COURT FROM AN APPEAL, OR
THE FILING OF THE FINAL DECISION UPON AN APPEAL,
WHICHEVER IS LATER, AND TO PROVIDE A DIFFERENT TIME
UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION
22-5-580 SO TO ESTABLISH A STATEWIDE PRETRIAL
CLASSIFICATION PROGRAM FOR THE IMPROVEMENT OF
MAGISTRATES' COLLECTIONS AND CONSIDERATION OF
INFORMATION CONCERNING THE RELEASE OF PERSONS
PLACED IN JAIL PENDING DISPOSITION OF CRIMINAL CHARGES;
BY ADDING SECTION 24-3-25 SO AS TO AUTHORIZE THE
GOVERNING BODIES OF COUNTIES OR MUNICIPALITIES TO
ESTABLISH LOCAL REGIONAL CORRECTIONAL FACILITIES FOR
THE CONFINEMENT OF PERSONS AWAITING TRIAL OR
SENTENCED ON CRIMINAL CHARGES, CONVICTED AND
SENTENCED ON CRIMINAL CHARGES, OR NOT OTHERWISE
ELIGIBLE FOR CONFINEMENT IN STATE OR OTHER FACILITIES;
BY ADDING SECTION 24-3-430 SO AS TO AUTHORIZE THE
DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO
ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE
LABOR IN PRIVATE INDUSTRY; BY ADDING SECTION 24-13-80 SO
AS TO AUTHORIZE A COUNTY OR MUNICIPAL ADMINISTRATOR
OR THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO
ESTABLISH CRITERIA FOR A REASONABLE DEDUCTION FOR
MONEY CREDITED TO THE ACCOUNT OF AN INMATE TO REPAY
CERTAIN COSTS; BY ADDING ARTICLE 19 TO CHAPTER 13, TITLE
24 SO AS TO ESTABLISH THE CENTER FOR ALCOHOL AND DRUG
REHABILITATION; TO AMEND SECTIONS 24-26-20, 24-26-30,
24-26-40, AND 24-26-50 ALL RELATING TO THE SENTENCING
GUIDELINES COMMISSION AND BY ADDING SECTION 24-26-60,
SO AS TO FURTHER PROVIDE FOR ITS MEMBERSHIP AND ITS
DUTIES; TO AMEND SECTION 11-35-710, AS AMENDED,
RELATING TO EXEMPTIONS UNDER THE STATE PROCUREMENT
CODE, SO AS TO EXEMPT THE PURCHASE OF GOODS AND
SERVICES MADE BY STATE PRISON INDUSTRIES; TO AMEND
SECTION 17-25-70, RELATING TO CONVICTED PRISONERS
PERFORMING LABOR SERVICES TO GOVERNMENTAL ENTITIES,
SO AS TO FURTHER PROVIDE FOR THE SCOPE OF SUCH LABOR;
TO AMEND SECTIONS 24-3-30 AND 24-3-40, RELATING TO THE
DETENTION AND USE OF PRISONERS TO PERFORM SERVICES
FOR GOVERNMENTAL ENTITIES, SO AS TO PROVIDE FOR
CONTRACTS RELATING TO THEIR DETENTION AND PROVIDE
THAT WAGES EARNED BY A PRISONER IN A PRISON INDUSTRY
PROGRAM MUST BE PAID TO THE DEPARTMENT OF
CORRECTIONS FOR DISBURSEMENT TO THE PRISONER; TO
AMEND SECTION 24-3-330, AS AMENDED, RELATING TO THE
PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR BY
THE STATE OR POLITICAL SUBDIVISIONS, SO AS TO REQUIRE
THE MATERIALS MANAGEMENT OFFICE OF THE DIVISION OF
GENERAL SERVICES TO MONITOR THE COOPERATION OF STATE
OFFICES, DEPARTMENTS, INSTITUTIONS, AND AGENCIES IN THE
PROCUREMENT OF GOODS, PRODUCTS, AND SERVICES FROM
THE DIVISION OF PRISON INDUSTRIES OF THE DEPARTMENT OF
CORRECTIONS; TO AMEND SECTION 24-3-360, AS AMENDED,
RELATING TO THE ANNUAL PREPARATION OF CATALOGUES
DESCRIBING ARTICLES PRODUCED BY CONVICT LABOR, SO AS
TO ALLOW A STATE OFFICE, DEPARTMENT, INSTITUTION, OR
AGENCY OR A POLITICAL SUBDIVISION OF THIS STATE TO
CONTACT AND REQUEST THE DEPARTMENT OF CORRECTIONS
TO MANUFACTURE OR PRODUCE ARTICLES OR PRODUCTS
SIMILAR, BUT NOT IDENTICAL TO, ARTICLES OR PRODUCTS
LISTED IN THE CATALOGUE; TO AMEND SECTION 24-13-1530, AS
AMENDED, RELATING TO CORRECTIONAL PROGRAMS FOR
WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO
AUTHORIZE LOCAL GOVERNMENTS TO ESTABLISH BY
ORDINANCE THE SAME ALTERNATIVE TO INCARCERATIONS
FOR PERSONS WHO ARE AWAITING TRIAL AND FOR
OFFENDERS WHOSE SENTENCES DO NOT PLACE THEM IN
CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND
SECTION 24-13-1560, AS AMENDED, RELATING TO THE USE OF
ELECTRONIC MONITORING DEVICES, SO AS TO PROVIDE THAT
THE DEVICE MUST BE USED IN ACCORDANCE WITH THE
DEPARTMENT'S INSTRUCTIONS; TO AMEND SECTION 40-5-310,
RELATING TO THE PRACTICE OF LAW, SO AS TO INCREASE THE
PENALTIES FOR THE UNLAWFUL PRACTICE OF LAW; TO AMEND
SECTION 41-27-260, RELATING TO EXEMPTIONS FROM THE
SOUTH CAROLINA EMPLOYMENT SECURITY LAW, SO AS TO
EXEMPT CERTAIN SERVICES PERFORMED BY PRISONERS; TO
REPEAL SECTION 24-3-35, RELATING TO THE USE OF COUNTY
PRISONERS FOR LITTER REMOVAL WORK, AND SECTIONS
24-7-10, 24-7-20, 24-7-30, 24-7-40, 24-7-50, 24-7-90, AND 24-7-100 ALL
RELATING TO COUNTY CHAINGANGS; TO REQUIRE THE
DEPARTMENT OF CORRECTIONS TO SUBMIT TO THE GENERAL
ASSEMBLY, NO LATER THAN THE FIRST DAY OF THE 1995
LEGISLATIVE SESSION, A REPORT CONTAINING CERTAIN
INFORMATION REGARDING PRISON INDUSTRIES AND
AGRICULTURAL AND LITTER CONTROL PROGRAMS; TO DIRECT
THE DEPARTMENT OF JUVENILE JUSTICE TO DEVELOP A
LONG-TERM PLAN FOR THE PROVISION OF SERVICES TO
JUVENILE OFFENDERS; TO ADD SECTION 20-7-753 SO AS TO
AUTHORIZE THE FAMILY COURT TO DESIGNATE A LEAD STATE
AGENCY TO CONDUCT A FAMILY ASSESSMENT AND
RECOMMEND A SERVICE PLAN FOR FAMILIES WHEN A CHILD IS
BROUGHT BEFORE THE FAMILY COURT IN A JUVENILE
DELINQUENCY PROCEEDING; TO REQUIRE THE COURT TO
REVIEW THE ASSESSMENT AND ADOPT A PLAN THAT WILL
SERVE THE BEST INTERESTS OF THE CHILD; TO AMEND
SECTION 20-7-420, AS AMENDED, RELATING TO JURISDICTION
OF THE FAMILY COURT, SO AS TO INCLUDE THE AUTHORITY
TO ORDER PARENTS OF A CHILD BROUGHT BEFORE THE COURT
ON A DELINQUENCY MATTER TO COOPERATE WITH AND
PARTICIPATE IN A PLAN ADOPTED BY THE COURT TO SERVE
THE BEST INTERESTS OF THE CHILD; TO AMEND SECTION
20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL
SERVICES FOR JUVENILES, SO AS TO REQUIRE THE
DEPARTMENT OF JUVENILE JUSTICE TO PROVIDE
EDUCATIONAL SERVICES TO PREADJUDICATORY JUVENILES IN
ITS CUSTODY; TO ADD SECTIONS 59-66-20 AND 59-66-30 SO AS
TO PROVIDE FOR SAFETY COORDINATORS IN SCHOOLS AND
METAL DETECTORS IF FUNDS ARE AVAILABLE; TO AMEND
SECTION 20-7-600, AS AMENDED, RELATING TO DETENTION,
CUSTODY, AND RECORDS OF A CHILD FOUND VIOLATING THE
LAW, SO AS TO REQUIRE A LAW ENFORCEMENT OFFICER
TAKING A CHILD INTO CUSTODY FOR CERTAIN OFFENSES TO
NOTIFY THE PRINCIPAL OF THE SCHOOL OF THE NATURE OF
THE OFFENSE AND TO RESTRICT THE USE OF THIS
INFORMATION; TO AMEND SECTION 20-7-3230, AS AMENDED,
RELATING TO PREADJUDICATORY DETENTION OF JUVENILES,
SO AS TO PROVIDE THAT THE GOVERNING BODY OF THE LAW
ENFORCEMENT AGENCY HAVING JURISDICTION WHERE THE
OFFENSE OCCURRED IS RESPONSIBLE TO PAY FOR THESE
DETENTION SERVICES; TO CLARIFY THE DELETION OF A
REPEAL RELATING TO THE SENTENCING GUIDELINES
COMMISSION; AND TO AMEND SECTION 24-26-10, RELATING TO
THE SENTENCING GUIDELINES COMMISSION, SO AS TO
FURTHER PROVIDE FOR THE MEMBERSHIP OF THE
COMMISSION; TO AMEND SECTIONS 24-9-20 AND 24-9-30, BOTH
AS AMENDED, BOTH RELATING TO PRISON FACILITIES SO AS
TO FURTHER PROVIDE FOR THE INSPECTION OF LOCAL
CONFINEMENT FACILITIES; AND TO AMEND SECTION 20-7-2205,
AS AMENDED, RELATING TO STATUS OFFENDERS, SO AS TO
INCLUDE A CHILD WHO IS IN CONTEMPT OF COURT.
Be it enacted by the General Assembly of the State of South Carolina:
Part I
Criminal Justice Reform
Minimum terms of imprisonment
SECTION 1. Section 16-1-20(B) of the 1976 Code, as last amended by
Act 184 of 1993, is further amended to read:
"(B) For all offenders sentenced on or after July 1, 1993, the
minimum term of imprisonment required by law does not apply to the
offenses listed in Sections 16-1-90 and 16-1-100 unless the offense refers to
a mandatory minimum sentence or the offense prohibits suspension of any
part of the sentence. Offenses listed in Section 16-1-10(C) and (D) are
exempt and minimum terms of imprisonment are applicable. No sentence
of imprisonment precludes the timely execution of a death
sentence."
Classification of certain property crimes
SECTION 2. Section 16-1-57 of the 1976 Code, as added by Act 184 of
1993, is amended to read:
"Section 16-1-57. A person convicted of an offense for which the
term of imprisonment is contingent upon the value of the property involved
must, upon conviction for a third or subsequent offense, be punished as
prescribed for a Class E felony."
Violent crimes defined
SECTION 3. Section 16-1-60 of the 1976 Code, as last amended by Act
184 of 1993, is further amended to read:
"Section 16-1-60. For purposes of definition under South
Carolina law a violent crime includes the offenses of murder (Section
16-3-10); criminal sexual conduct in the first and second degree (Sections
16-3-652 and 16-3-653); criminal sexual conduct with minors, first and
second degree (Section 16-3-655); assault with intent to commit criminal
sexual conduct, first and second degree (Section 16-3-656); assault and
battery with intent to kill (Section 16-3-620); kidnapping (Section
16-3-910); voluntary manslaughter (Section 16-3-50); armed robbery
(Section 16-11-330); drug trafficking as defined in Sections 44-53-370(e)
and 44-53-375(C); arson in the first degree (Section 16-11-110(A));
burglary in the first degree (Section 16-11-311); and burglary in the second
degree (Section 16-11-312(B)), engaging a child for a sexual performance
(Section 16-3-810); accessory before the fact to commit any of the above
offenses (Section 16-1-40); and  attempt to commit any of the above
offenses (Section 16-1-80). Only those offenses specifically enumerated in
this section are considered violent offenses."
Mandatory minimum terms
SECTION 4. Section 16-11-330 of the 1976 Code, as last amended by Act
184 of 1993, is further amended to read:
"Section 16-11-330. (A) A person convicted for the crime of
robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or
other deadly weapon must be imprisoned for a mandatory minimum term of
not less than ten years nor more than thirty years, no part of which may be
suspended or probation granted. A person convicted under the provisions
of this subsection is not eligible for parole until he has served at least seven
years of his sentence.
(1) A person under the age of twenty-one sentenced under the
provisions of Chapter 19 of Title 24 (Youthful Offenders Act) convicted of
armed robbery shall receive and serve a minimum sentence of at least three
years, no part of which may be suspended. The person is not eligible for
parole or probation until he has served a three-year minimum sentence.
(2) A person between the ages of twenty-one and twenty-five, who is
convicted of armed robbery, may not be sentenced under the provisions of
Chapter 19 of Title 24 (Youthful Offenders Act).
(B) A person convicted for attempted robbery while armed with a pistol,
dirk, slingshot, metal knuckles, razor, or other deadly weapon must be
imprisoned not more than twenty years."
Misdemeanor classification deleted
SECTION 5. Section 16-13-10 of the 1976 Code, as last amended by Act
184 of 1993, is further amended to read:
"Section 16-13-10. (A) It is unlawful for a person to:
(1) falsely make, forge, or counterfeit; cause or procure to be falsely
made, forged, or counterfeited; or wilfully act or assist in the false making,
forging, or counterfeiting of any writing or instrument of writing;
(2) utter or publish as true any false, forged, or counterfeited writing
or instrument of writing;
(3) falsely make, forge, counterfeit, alter, change, deface, or erase; or
cause or procure to be falsely made, forged, counterfeited, altered, changed,
defaced, or erased any record or plat of land; or
(4) willingly act or assist in any of the premises, with an intention to
defraud any person.
(B) A person who violates the provisions of this section is guilty of
a:
(1) felony and, upon conviction, must be fined in the discretion of the
court or imprisoned not more than ten years, or both, if the amount of the
forgery is five thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the
court or imprisoned not more than five years, or both, if the amount of the
forgery is less than five thousand dollars.
If the forgery does not involve a dollar amount, the person is guilty of a
misdemeanor and, upon conviction, must be fined in the discretion of the
court or imprisoned not more than three years, or both."
Misdemeanor classification deleted
SECTION 6. Section 16-13-210 of the 1976 Code, as last amended by Act
184 of 1993, is further amended to read:
"Section 16-13-210. It is unlawful for an officer or other person
charged with the safekeeping, transfer, and disbursement of public funds to
embezzle these funds. A person who violates the provisions of this section
is guilty of a:
(1) felony and, upon conviction, must be fined in the discretion of the
court to be proportioned to the amount of the embezzlement and
imprisoned not more than ten years if the amount of the embezzled funds is
five thousand dollars or more;
(2) felony and, upon conviction, must be fined in the discretion of the
court to be proportioned to the amount of embezzlement and imprisoned
not more than five years if the amount of the embezzled funds is less than
five thousand dollars.
The person convicted of a felony is disqualified from holding any office
of honor or emolument in this State; but the General Assembly, by a
two-thirds vote, may remove this disability upon payment in full of the
principal and interest of the sum embezzled."
Fine increased
SECTION 7. Section 16-13-385 of the 1976 Code, as last amended by
Section 176, Act 184 of 1993, is further amended to read:
"Section 16-13-385. (A) It is unlawful for an unauthorized
person to alter, tamper with, or bypass a meter which has been installed for
the purpose of measuring the use of electricity, gas, or water.
A meter found in a condition which would cause electricity, gas, or
water to be diverted from the recording apparatus of the meter or to cause
the meter to inaccurately measure the use of electricity, gas, or water or the
attachment to a meter or distribution wire of any device, mechanism, or
wire which would permit the use of unmetered electricity, gas, or water or
would cause a meter to inaccurately measure the use is prima facie
evidence that the person in whose name the meter was installed or the
person for whose benefit electricity, gas, or water was diverted caused the
electricity, gas, or water to be diverted from going through the meter or the
meter to inaccurately measure the use of the electricity, gas, or water.
(B) A person who violates the provisions of this section for a first
offense is guilty of a misdemeanor and, upon conviction, must be fined not
more than five hundred dollars or imprisoned not more than thirty days.
For a second or subsequent offense, the person is guilty of a misdemeanor
and, upon conviction, must be fined not more than ten thousand dollars or
imprisoned not more than three years, or both."
Penalties revised
SECTION 8. Section 16-13-425 of the 1976 Code, as last amended by Act
184 of 1993, is further amended to read:
"Section 16-13-425. A person having a video or cassette tape in
his possession or under his control by virtue of a lease or rental agreement,
who wilfully and fraudulently fails to return the video or cassette tape
within seventy-two hours after the lease or rental agreement has expired, or
who fraudulently secretes or appropriates this property to any use or
purpose not within the due and lawful execution of his lease or rental
agreement is guilty of:
(1) petit larceny if the dollar amount of the video or cassette tape lease
or rental agreement is one thousand dollars or less. Upon conviction, the
person must be fined or imprisoned as provided for petit larceny;
(2) grand larceny and, upon conviction, must be fined in the discretion
of the court or imprisoned not more than five years, or both, if the dollar
amount of the video or cassette tape lease or rental agreement is more than
one thousand dollars but less than five thousand dollars;
(3) grand larceny and, upon conviction, must be fined in the discretion
of the court or imprisoned not more than ten years, or both, if the original
dollar amount of the video or cassette tape lease or rental agreement is five
thousand dollars or more."
Offense revised and classified as felony
SECTION 9. Section 16-14-20 of the 1976 Code is amended to read:
"Section 16-14-20. A person is guilty of financial transaction card
theft when he:
(1) takes, obtains, or withholds a financial transaction card from the
person, possession, custody, or control of another without the cardholder's
consent and with the intent to use it; or who, with knowledge that it has
been so taken, obtained, or withheld, receives the financial transaction card
with intent to use it, sell it, or transfer it to a person other than the issuer or
the cardholder;
(2) receives a financial transaction card that he knows to have been lost,
mislaid, or delivered under a mistake as to the identity or address of the
cardholder, and who retains possession with intent to use it, sell it, or
transfer it to a person other than the issuer or the cardholder;
(3) is not the issuer, and sells a financial transaction card or buys a
financial transaction card from a person other than the issuer;
(4) is not the issuer, and during any twelve-month period, receives
financial transaction cards issued in the names of two or more persons
which he has reason to know were taken or retained under circumstances
which constitute a violation of item (3) of this section and Section
16-14-60(a)(3).
A person who commits financial transaction card theft is guilty of a
felony and, upon conviction, must be sentenced as provided in Section
16-14-100(b)."
Financial transaction card forgery classified as felony
SECTION 10. Section 16-14-40(e) of the 1976 Code, as added by Act 184
of 1993, is amended to read:
"(e) A person who violates the provisions of this section is guilty
of a felony and, upon conviction, must be fined not less than three thousand
dollars nor more than five thousand dollars or imprisoned not more than
five years, or both."
Offense classified as felony
SECTION 11. Section 16-14-60 of the 1976 Code, as last amended by Act
184 of 1993, is further amended to read:
"Section 16-14-60. (a) A person is guilty of financial transaction
card fraud when, with intent to defraud the issuer, a person or organization
providing money, goods, services, or anything else of value, or any other
person, he:
(1) uses for the purpose of obtaining money, goods, services, or
anything else of value a financial transaction card obtained or retained, or
which was received with knowledge that it was obtained or retained, in
violation of Section 16-14-20 or Section 16-14-40 or a financial transaction
card which he knows is forged, altered, expired, revoked, or was obtained
as a result of a fraudulent application in violation of Section
16-14-40(c);
(2) obtains money, goods, services, or anything else of value by:
a. representing without the consent of the specified cardholder that
he has permission to use it;
b. presenting the financial transaction card without the authorization
or permission of the cardholder;
c. representing that he is the holder of a card and the card has not in
fact been issued;
d. using a financial transaction card to knowingly and wilfully
exceed:
(i) the actual balance of a demand deposit account or time deposit
account;
(ii) an authorized credit line in an amount which exceeds the
authorized credit line by five hundred dollars or fifty percent of the
authorized credit line, whichever is greater, if the cardholder has not paid to
the issuer of the financial transaction card the total amount of the excess
over the authorized credit line within ten days after notice to the cardholder
by certified mail to the last known address that the credit line has been
exceeded. Failure to pay the amount in excess of the authorized credit line
after the notice is prima facie evidence of an intent to defraud;
(3) obtains control over a financial transaction card as security for
debt;
(4) deposits into his account or any account, by means of an
automated banking device, a false, fictitious, forged, altered, or counterfeit
check, draft, money order, or any other document not his lawful or legal
property;
(5) receives money, goods, services, or anything else of value as a
result of a false, fictitious, forged, altered, or counterfeit check, draft,
money order, or any other document having been deposited into an account
by means of an automated banking device, knowing at the time of receipt
of the money, goods, services, or item of value that the document deposited
was false, fictitious, forged, altered, or counterfeit or that the above
deposited item was not his lawful or legal property.
A person who violates the provisions of this subsection except
subsection (a)(2)d. is guilty of a misdemeanor and, upon conviction, must
be fined not more than one thousand dollars or imprisoned not more than
one year, or both, if the value of all money, goods, services, and other
things of value furnished in violation of this section or if the difference
between the value actually furnished and the value represented to the issuer
to have been furnished in violation of this section, does not exceed five
hundred dollars in any six-month period. If the value exceeds five hundred
dollars in a six-month period, a person is guilty of a felony and, upon
conviction, must be fined not less than three thousand dollars or more than
five thousand dollars or imprisoned not more than five years, or both.
A person who violates the provisions of subsection (a)(2)d. is guilty of a
misdemeanor and, upon conviction, must be fined not more than one
thousand dollars or imprisoned not more than one year, or both.
(b) A person who is authorized by an issuer to furnish money, goods,
services, or anything else of value upon presentation of a financial
transaction card by the cardholder, or any agent or employee of such person
is guilty of a financial transaction card fraud when, with intent to defraud
the issuer or the cardholder, he:
(1) furnishes money, goods, services, or anything else of value upon
presentation of a financial transaction card obtained or retained in violation
of Section 16-14-20, or a financial transaction card which he knows is
forged, expired, or revoked;
(2) fails to furnish money, goods, services, or anything else of value
which he represents in writing to the issuer that he has furnished.
A person who violates the provisions of this subsection is guilty of a
misdemeanor and, upon conviction, must be fined not more than one
thousand dollars or imprisoned not more than one year, or both, if the value
of all money, goods, services, and other things of value furnished in
violation of this section or if the difference between the value actually
furnished and the value represented to the issuer to have been furnished in
violation of this section, does not exceed five hundred dollars in any
six-month period. If the value exceeds five hundred dollars in a six-month
period, a person is guilty of a felony and, upon conviction, must be fined
not less than three thousand dollars nor more than five thousand dollars or
imprisoned not more than five years, or both.
(c) A person is guilty of financial transaction card fraud when, upon
application for a financial transaction card to an issuer, he knowingly
makes or causes to be made a false statement or report relative to his name,
occupation, financial condition, assets, or liabilities; or wilfully and
substantially overvalues any assets, or wilfully omits or substantially
undervalues any indebtedness for the purpose of influencing the issuer to
issue a financial transaction card. A person who violates the provisions of
this subsection is guilty of a misdemeanor and, upon conviction, must be
fined not more than one thousand dollars or imprisoned not more than one
year, or both.
(d) A cardholder is guilty of financial transaction card fraud when he
wilfully, knowingly, and with an intent to defraud the issuer, a person or
organization providing money, goods, services, or anything else of value,
or any other person, submits, verbally or in writing, to the issuer or any
other person, any false notice or report of the theft, loss, disappearance, or
nonreceipt of his financial transaction card. A person who violates the
provisions of this subsection is guilty of a misdemeanor and, upon
conviction, must be fined not more than one thousand dollars or imprisoned
not more than one year, or both.
(e) In any prosecution for violation of Section 16-14-60, the State is not
required to establish and it is no defense that some of the acts constituting
the crime did not occur in this State or within one city, county, or local
jurisdiction.
(f) For purposes of this section, revocation is construed to include
either notice given in person or notice given in writing to the person to
whom the financial transaction card or personal identification code was
issued. Notice of revocation is immediate when notice is given in person.
The sending of a notice in writing by registered or certified mail in the
United States mail, duly stamped and addressed to the person at his last
address known to the issuer, is prima facie evidence that the notice was
duly received after seven days from the date of the deposit in the mail. If
the address is located outside the United States, Puerto Rico, the Virgin
Islands, the Canal Zone, and Canada, notice is presumed to have been
received ten days after mailing by registered or certified mail.
(g) (1) A person who is authorized by an acquirer to furnish money,
goods, services, or anything else of value upon presentation of a credit card
or a credit card account number by a cardholder, or any employee of that
person, who presents to the issuer or acquirer, for payment, a credit card
transaction record of a sale, which sale was not made by that person or
employee, violates this subsection and is guilty of a felony and, upon
conviction, must be fined not less than three thousand dollars nor more than
five thousand dollars or imprisoned not more than five years, or both.
(2) A person without the acquirer's express authorization, employs, or
solicits authorized merchants, or any agent or employee of the merchant, to
remit to an issuer or acquirer for payment a financial transaction card
record of a sale, which sale was not made by the merchant, his agent, or
employee, is guilty of a felony and, upon conviction, is punishable as
provided in Section 16-14-100(b)."
Offense classified as felony
SECTION 12. Section 16-14-70 of the 1976 Code, as last amended
by Act 184 of 1993, is further amended to read:
"Section 16-14-70. (A) A person is guilty of criminal possession
of financial transaction card forgery devices when:
(1) he is a person other than the cardholder and possesses two or more
incomplete financial transaction cards, with intent to complete them
without the consent of the issuer;
(2) he possesses, with knowledge of its character, machinery, plates,
or any other contrivance designed to reproduce instruments purporting to
be financial transaction cards of an issuer who has not consented to the
preparation of such financial transaction cards.
(B) A financial transaction card is incomplete if part of the matter other
than the signature of the cardholder, which an issuer requires to appear on
the financial transaction card before it can be used by a cardholder, has not
yet been stamped, embossed, imprinted, encoded, or written upon it.
A person who violates the provisions of this section is guilty of a felony
and, upon conviction, must be fined not less than three thousand dollars nor
more than five thousand dollars or imprisoned not more than five years, or
both."
Dissemination of obscenity penalties increased
SECTION 13. Section 16-15-305(H) of the 1976 Code, as added by Act
168 of 1987, is amended to read:
"(H) A person who violates this section is guilty of a felony and,
upon conviction, must be imprisoned not more than five years or fined not
more than ten thousand dollars, or both."
Conditions for early parole for offender victims of spousal
abuse
SECTION 14. Chapter 25, Title 16 of the 1976 Code is amended by
adding:
"Section 16-25-90. Notwithstanding any provisions of Chapter 21
of Title 24, and notwithstanding any other provisions of law, an inmate
shall be eligible for parole after serving one-fourth of his prison term when
the inmate at the time he pled guilty to, nolo contendere to, or was
convicted of an offense against his spouse presented credible evidence of a
history of criminal domestic violence, as provided in Section 16-25-20,
suffered at the hands of the spouse."
Admissibility of battered spouse syndrome
SECTION 15. The 1976 Code is amended by adding:
"Section 17-23-170. (A) Evidence that the actor was suffering
from the battered spouse syndrome is admissible in a criminal action on the
issue of whether the actor lawfully acted in self-defense, defense of
another, defense of necessity, or defense of duress. This section does not
preclude the admission of testimony on battered spouse syndrome in other
criminal actions. This testimony is not admissible when offered against a
criminal defendant to prove the occurrence of the act or acts of abuse which
form the basis of the criminal charge.
(B) Expert opinion testimony on the battered spouse syndrome shall not
be considered a new scientific technique the reliability of which is
unproven.
(C) Lay testimony as to the actions of the batterer and how those actions
contributed to the facts underlying the basis of the criminal charge shall not
be precluded as irrelevant or immaterial if it is used to establish the
foundation for evidence on the battered spouse syndrome.
(D) The foundation shall be sufficient for the admission of testimony on
the battered spouse syndrome if the proponent of the evidence establishes
its relevancy and the proper qualifications of the witness.
(E) A defendant who proposes to offer evidence of the battered spouse
syndrome shall file written notice with the court before trial."
Transfer of certain criminal cases from general sessions court
SECTION 16. Section 22-3-545(A) of the 1976 Code, as last amended by
Act 174 of 1993, is further amended to read:
"(A) Notwithstanding the provisions of Sections 22-3-540 and
22-3-550, a criminal case, the penalty for which the crime in the case does
not exceed five thousand dollars or one-year imprisonment, or both, may be
transferred from general sessions court if the provisions of this section are
followed."
Parole work release or furloughs prohibited with mandatory minimum
term
SECTION 17. The last three paragraphs of Section 44-53-370(e) of the
1976 Code, as last amended by Act 184 of 1993, are further amended to
read:
"A person convicted and sentenced under this subsection to a
mandatory term of imprisonment of twenty-five years, a mandatory
minimum term of imprisonment of twenty-five years, or a mandatory
minimum term of imprisonment of not less than twenty-five years nor more
than thirty years is not eligible for parole, extended work release, as
provided in Section 24-13-610, or supervised furlough, as provided in
Section 24-13-710. Notwithstanding Section 44-53-420, a person convicted
of conspiracy pursuant to this subsection must be sentenced as provided in
this section with a full sentence or punishment and not one-half of the
sentence or punishment prescribed for the offense.
The weight of any controlled substance in this subsection includes the
substance in pure form or any compound or mixture of the substance.
The offense of possession with intent to distribute described in Section
44-53-370(a) is a lesser included offense to the offenses of trafficking
based upon possession described in this subsection."
Parole work release or furloughs prohibited with mandatory minimum
term
SECTION 18. Section 44-53-375(D) of the 1976 Code, as last amended
by Act 184 of 1993, is further amended to read:
"(D) Except for a first offense, as provided in subsection (A) of
this section, sentences for violation of the provisions of this section may
not be suspended and probation may not be granted. A person convicted
and sentenced under this subsection to a mandatory term of imprisonment
of twenty-five years, a mandatory minimum term of imprisonment of
twenty-five years, or a mandatory minimum term of imprisonment of not
less than twenty-five years nor more than thirty years is not eligible for
parole, extended work release, as provided in Section 24-13-610, or
supervised furlough, as provided in Section 24-13-710."
Savings clause
SECTION 19. All proceedings pending and all rights and liabilities
existing, acquired, or incurred at the time this act takes effect are saved.
The provisions of this act apply prospectively to crimes and offenses
committed after the effective date of this act. The provisions of this act
apply prospectively to all sentences pronounced on or after the effective
date of this act, except where a penalty greater than the one in effect on the
date the offense was committed would be required. Notwithstanding the
provisions of this section, Section 16-1-60 applies retroactively and
prospectively.
Chapter repealed
SECTION 20. Chapter 25 of Title 2 of the 1976 Code is repealed.
Circuit judge to hear transfer petition
SECTION 21. Section 22-3-545(B)(1) of the 1976 Code, as last amended
by Act 174 of 1993, is further amended to read:
"(1) The solicitor, upon ten days' written notice to the defendant,
may petition a circuit court judge in the circuit to transfer one or more cases
from the general sessions court docket to a docket of a magistrate's or
municipal court in the circuit for disposition. The solicitor's notice must
fully apprise the defendant of his right to have his case heard in general
sessions court. The notice must include the difference in jury size in
magistrate's or municipal court and in general sessions court. Both parties
must have the opportunity to be heard by the circuit court judge and the
case may be transferred from the general sessions court unless the
defendant objects after notification by the solicitor pursuant to the
provisions of this item. The objection may be made orally or in writing at
any time prior to the trial of the case. The objection may be made to the
circuit court judge who granted the petition, the trial judge, or the solicitor.
Before impanelling the jury, the trial judge must receive an affirmative
waiver by the defendant, if present, of his right to have the case tried in
general sessions court. The defendant must be informed that, if tried in
general sessions court, the case would be tried in front of twelve jurors who
must reach a unanimous verdict before a finding of guilty of the offense can
be rendered in his case, and that if tried in magistrate's or municipal court,
the case would be tried in front of six jurors who must reach a unanimous
verdict before a finding of guilty of the offense can be reached in his
case."
Age requirement deleted
SECTION 22. Section 17-22-60 of the 1976 Code, as last amended by Act
499 of 1992, is further amended to read:
"Section 17-22-60. Intervention is appropriate only where:
(1) there is substantial likelihood that justice will be served if the
offender is placed in an intervention program;
(2) it is determined that the needs of the offender and the State can
better be met outside the traditional criminal justice process;
(3) it is apparent that the offender poses no threat to the
community;
(4) it appears that the offender is unlikely to be involved in further
criminal activity;
(5) the offender, in those cases where it is required, is likely to respond
quickly to rehabilitative treatment;
(6) the offender has no significant history of prior delinquency or
criminal activity;
(7) the offender has not previously been accepted in a pretrial
intervention program."
Definition revised for certain crimes
SECTION 23. Section 20-7-390 of the 1976 Code is amended to read:
"Section 20-7-390. When used in this article, unless the context
otherwise requires, `child' means a person less than seventeen years of age,
where the child is dealt with as a juvenile delinquent. `Child' does not
mean a person sixteen years of age or older who is charged with a Class A,
B, C, or D felony as defined in Section 16-1-20 or a felony which provides
for a maximum term of imprisonment of fifteen years or more. However, a
person sixteen years of age who is charged with a Class A, B, C, or D
felony as defined in Section 16-1-20 or a felony which provides for a
maximum term of imprisonment of fifteen years or more may be remanded
to the family court for disposition of the charge at the discretion of the
solicitor. Where the child is dealt with as a dependent or neglected child,
the term `child' shall mean a person under eighteen years of age."
Transfer of juvenile jurisdiction
SECTION 24. Section 20-7-430 of the 1976 Code, as last amended by Act
579 of 1990, is further amended to read:
"Section 20-7-430. Jurisdiction over a case involving a child shall
be transferred or retained as follows:
(1) If, during the pendency of a criminal or quasi-criminal charge
against a child in a circuit court of this State, it is ascertained that the child
was under the age of seventeen years at the time of committing the alleged
offense, it is the duty of the circuit court immediately to transfer the case,
together with all the papers, documents, and testimony connected with it, to
the family court of competent jurisdiction, except in those cases where the
Constitution gives to the circuit court exclusive jurisdiction or in those
cases where jurisdiction has properly been transferred to the circuit court by
the family court under the provisions of this section. The court making the
transfer shall order the child to be taken immediately to the place of
detention designed by the court or to that court itself, or shall release the
child to the custody of some suitable person to be brought before the court
at a time designated. The court then shall proceed as provided in this
article. The provisions of this section are applicable to all existing offenses
and to offenses created in the future unless the General Assembly
specifically directs otherwise.
(2) Whenever a child is brought before a magistrate or city recorder
and, in the opinion of the magistrate or city recorder, the child should
be brought to the family court of competent jurisdiction under the
provisions of this section, the magistrate or city recorder shall transfer the
case to the family court and direct that the child involved be taken
there.
(3) When an action is brought in any circuit court which, in the opinion
of the judge, falls within the jurisdiction of the family court, he may
transfer the action upon his own motion or the motion of any party.
(4) If a child sixteen years of age or older is charged with an offense
which, if committed by an adult, would be a misdemeanor, a Class E or F
felony as defined in Section 16-1-20, or a felony which provides for a
maximum term of imprisonment of ten years or less, and if the court, after
full investigation, considers it contrary to the best interest of the child or of
the public to retain jurisdiction, the court, in its discretion, acting as
committing magistrate, may bind over the child for proper criminal
proceedings to a court which would have trial jurisdiction of the offense if
committed by an adult.
(5) If a child fourteen or fifteen years of age is charged with an offense
which, if committed by an adult, would be a Class A, B, C, or D felony as
defined in Section 16-1-20 or a felony which provides for a maximum term
of imprisonment of fifteen years or more, the court, after full investigation
and hearing, may determine it contrary to the best interest of the child or of
the public to retain jurisdiction. The court, acting as committing
magistrate, may bind over the child for proper criminal proceedings to a
court which would have trial jurisdiction of the offenses if committed by an
adult.
(6) Within thirty days after the filing of a petition in the family court
alleging the child has committed the offense of murder or criminal sexual
conduct, the person executing the petition may request in writing that the
case be transferred to the court of general sessions with a view to
proceeding against the child as a criminal rather than as a child coming
within the purview of this article. The judge of the family court is
authorized to determine this request. If the request is denied, the petitioner
may appeal within five days to the circuit court. Upon the hearing of the
appeal, the judge of the circuit court is vested with the discretion of
exercising and asserting the jurisdiction of the court of general sessions or
of relinquishing jurisdiction to the family court. If the circuit judge elects to
exercise the jurisdiction of the general sessions court for trial of the case, he
shall issue an order to that effect, and then the family court has no further
jurisdiction in the matter.
(7) Once the family court relinquishes its jurisdiction over the child and
the child is bound over to be treated as an adult, the provisions of Section
20-7-780 dealing with the confidentiality of identity and fingerprints will
not be applicable.
(8) When jurisdiction is relinquished by the family court in favor of
another court, the court shall have full authority and power to grant bail,
hold a preliminary hearing and any other powers as now provided by law
for magistrates in such cases.
(9) If a child fourteen years of age or older is charged with a violation
of Section 16-23-430(1), Section 16-23-20, assault and battery of a high
and aggravated nature, or Section 44-53-445, the court may after full
investigation and hearing, if it considers it contrary to the best interest of
the child or the public to retain jurisdiction, acting as committing
magistrate, bind over the child for proper criminal proceedings to a court
which would have trial jurisdiction of the offenses if committed by an
adult."
Juvenile records also to be maintained by SLED; release of
records
SECTION 25. Section 20-7-770 of the 1976 Code, as last amended by Act
181 of 1993, is further amended to read:
"Section 20-7-770. Notwithstanding the right of a person to
petition the family court pursuant to Section 20-7-780 for the release of a
person's record of juvenile adjudications, upon the request of the Attorney
General, a circuit solicitor, or a law enforcement officer which is made
pursuant to a current criminal investigation or prosecution, the South
Carolina Law Enforcement Division or the Department of Juvenile Justice,
or both if requested, shall provide the requesting party with a copy of the
juvenile criminal record of a person adjudicated as a juvenile for the
commission of a crime. This information shall not be disseminated except
as authorized in Section 20-7-780. The juvenile record of a person must be
maintained by the South Carolina Law Enforcement Division and the
Department of Juvenile Justice for the same period as for offenses
committed by an adult."
Fingerprinting of juvenile offenders
SECTION 26. Section 20-7-780(C) of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"(C) A juvenile charged with committing an offense must be
fingerprinted by the law enforcement agency who takes the juvenile into
custody if the juvenile is charged with:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which a weapon was used; or
(4) distribution or trafficking in unlawful drugs as defined in Article
3, Chapter 53 of Title 44.
A juvenile charged with committing an offense other than those
enumerated above in this subsection or a status offense may not be
fingerprinted by law enforcement except upon order of a family court
judge. The fingerprint records of a juvenile must be kept separate from the
fingerprint records of adults. The fingerprint records of a juvenile must be
transmitted to the files of the State Law Enforcement Division. The
fingerprint records of a juvenile must not be transmitted to the files of the
Federal Bureau of Investigation or otherwise distributed or provided to
another law enforcement agency unless the juvenile is adjudicated
delinquent for having committed a violent offense, as defined in Section
16-1-60, for grand larceny of a motor vehicle, for a crime in which a
weapon was used, or for distribution or trafficking in unlawful drugs as
defined in Article 3, Chapter 53 of Title 44. The fingerprint records of a
juvenile who is not adjudicated delinquent for having committed a violent
offense, as defined in Section 16-1-60 for grand larceny of a motor vehicle,
for a crime in which a weapon was used, or for distribution or trafficking in
unlawful drugs as defined in Article 3, Chapter 53 of Title 44, upon
notification to law enforcement, must be destroyed or otherwise expunged
by the South Carolina Law Enforcement Division and the law enforcement
agency who took the juvenile into custody.
The fingerprints and any record created by the South Carolina Law
Enforcement Division as a result of the receipt of fingerprints of a juvenile
pursuant to this subsection must not be disclosed for any purpose not
specifically authorized by law or by a court order. The fingerprints of a
juvenile adjudicated as delinquent for the commission of any of these
crimes and any record created as a result of such information must be made
available for criminal justice purposes. For the purposes of this section,
`criminal justice purposes' means the performance of any activity directly
involving the detection, apprehension, detention, pretrial release, post-trial
release, prosecution, adjudication, correctional supervision, or
rehabilitation of accused or convicted persons or criminal offenders, or the
collection, storage, and dissemination of criminal history record
information.
The Department of Juvenile Justice may fingerprint and photograph a
juvenile upon commitment to a juvenile correctional institution.
Fingerprints and photographs taken by the Department of Juvenile Justice
remain confidential and must not be transmitted to the State Law
Enforcement Division, the Federal Bureau of Investigation, or another
agency or person, except for the purpose of aiding the department in
apprehending an escapee from the department, assisting the Missing
Persons Information Center in the location or identification of a missing or
runaway child, or except as otherwise provided in this section."
Juvenile records provided to schools
SECTION 27. Section 20-7-3300 of the 1976 Code, as last amended by
Act 181, is further amended to read:
"Section 20-7-3300. Records and information of the department
pertaining to juveniles shall be confidential as provided in Section
20-7-780; provided, however, that where necessary and appropriate to
ensure the provision and coordination of services and assistance to a
juvenile under the custody or supervision of the department, the director
must establish policies by which the department may transmit such
information and records to another department or agency of state or local
government, a school district, or a private institution or facility licensed by
the State as a child-serving organization, where such is required for
admission or enrollment of the juvenile into a program of services,
treatment, training, or education. Records and information provided to a
public or private school by the Department of Juvenile Justice must include
in the case of an individual who has been adjudicated for having committed
a violent crime as defined in Section 16-1-60, for a crime in which a
weapon was used, or for distribution or trafficking in unlawful drugs as
defined in Article 3, Chapter 53 of Title 44, a copy of and, if requested,
information pertaining to that person's juvenile criminal record. The
person's juvenile criminal record must be provided by the Department of
Juvenile Justice to the principal of the school which the juvenile is eligible
to attend immediately upon the person's release from the Department of
Juvenile Justice. The person's juvenile criminal record must be provided by
the Department of Juvenile Justice to the principal of any school to which
the person is seeking enrollment, upon the principal's request. Each school
district is responsible for developing a policy for schools to follow within
the district which ensures that the confidential nature of these records and
of the other information received is maintained. This policy must include
at a minimum the retention of the juvenile's criminal record, and other
information relating to his criminal record, in the juvenile's school
disciplinary file, or in some other confidential location, restricting access to
the file and to its contents to school personnel as deemed necessary and
appropriate to meet and adequately address the educational needs of the
juvenile and for the destruction of these records upon the juvenile's
completion of secondary school, or upon reaching twenty-one years of
age."
Criminal information on juveniles to be reported
SECTION 28. Section 23-3-120 of the 1976 Code is amended to read:
"Section 23-3-120. All law enforcement agencies and court
officials shall report to the system all criminal data within their respective
jurisdictions and such information related thereto at such times and in such
form as the system through the State Law Enforcement Division may
require. This information must include criminal data and related
information on juveniles charged with offenses within their respective
jurisdictions pursuant to Section 20-7-780."
Definition revised
SECTION 29. Section 24-19-10(d) of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"(d) `Youthful offender' means an offender who is under
seventeen years of age and has been bound over for proper criminal
proceedings to the court of general sessions pursuant to Section 20-7-430,
who is sixteen years of age and has been charged with a Class A, B, C, or D
felony as defined in Section 16-1-20 or a felony which provides for a
maximum term of imprisonment of fifteen years or more, or who is
seventeen but less than twenty-five years of age at the time of
conviction."
Juvenile detention procedures and ex parte orders for
release
SECTION 30. Section 20-7-600(B) of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"(B) When a child is not released pursuant to subsection (A), the
officer taking the child into custody shall immediately notify the authorized
representative of the Department of Juvenile Justice, who shall respond
within one hour to the location where the child is being detained. Upon
responding, the authorized representative of the department shall review the
facts in the officer's report or petition and any other relevant facts and
advise the officer if, in his opinion, there is a need for detention of the
child. The officer's written report must be furnished to the authorized
representatives of the department and must state:
(1) the facts of the offense;
(2) the reason why the child was not released to the parent. Unless the
child is to be detained, the child must be released by the officer to the
custody of his parents or other responsible adult upon their written promise
to bring the child to the court at a stated time or at a time the court may
direct. However, if the offense for which the child was taken into custody
is a violent crime as defined in Section 16-1-60 the child may be released
only by the officer who took the child into custody. If the officer does not
consent to the release of the child, the parents or other responsible adult
may apply to any judge of the family court within the circuit for an ex parte
order of release of the child. The officer's written report must be furnished
to the family court judge. The family court judge may establish conditions
for such release."
Juvenile detention procedures and ex parte orders for
release
SECTION 31. Section 20-7-600(F) of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"(F) When the officer who took the child into custody determines
that placement of a juvenile outside the home is necessary, the authorized
representative of the Department of Juvenile Justice shall make a diligent
effort to place the child in an approved home, program, or facility, other
than a secure juvenile detention facility, when these alternatives are
appropriate and available. A child is eligible for detention in a secure
juvenile detention facility only if the child:
(1) is charged with a violent crime as defined in Section 16-1-60;
(2) is charged with a crime which, if committed by an adult, would be
a felony other than a violent crime, and the child:
(a) is already detained or on probation or conditional release in
connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear at
court proceedings;
(c) has a demonstrable recent record of violent conduct resulting in
physical injury to others; or
(d) has a demonstrable recent record of adjudications for other
felonies; and:
(i) there is reason to believe the child is a flight risk or poses a
threat of serious harm to others; or
(ii) the instant offense involved the use of a firearm;
(3) is a fugitive from another jurisdiction;
(4) requests protection in writing under circumstances that present an
immediate threat of serious physical injury;
(5) had in his possession a deadly weapon;
(6) has a demonstrable recent record of wilful failure to comply with
prior placement orders including, but not limited to, a house arrest
order.
A child who meets the criteria provided in this subsection is eligible for
detention. Detention is not mandatory for a child meeting the criteria if that
child can be supervised adequately at home or in a less secure setting or
program. If the officer does not consent to the release of the child, the
parents or other responsible adult may apply to any judge of the family
court within the circuit for an ex parte order of release of the child. The
officer's written report must be furnished to the family court judge. The
family court judge may establish conditions for such release."
Detention hearing within forty-eight hours
SECTION 32. Section 20-7-600(H) of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"(H) If the officer who took the child into custody has not
released the child to the custody of his parents or other responsible adult,
the court shall hold a detention hearing within forty-eight hours from the
time the child was taken into custody, excluding Saturdays, Sundays, and
holidays. At this hearing, the authorized representative of the department
shall submit to the court a report stating the facts surrounding the case and
a recommendation as to the child's continued detention pending the
adjudicatory and dispositional hearings. The court shall appoint counsel
for the child if none is retained. No child may proceed without counsel in
this hearing, unless the child waives the right to counsel, and then only
after consulting at least once with an attorney. At the conclusion of this
hearing, the court shall determine whether probable cause exists to justify
the detention of the child as well as determining the appropriateness of, and
need for, the child's continued detention. If continued detention of a
juvenile is considered appropriate by the court and if a juvenile detention
facility exists in that county which meets state and federal requirements for
the secure detention of juveniles, or if that facility exists in another county
with which the committing county has a contract for the secure detention of
its juveniles, and if commitment of a juvenile by the court to that facility
does not cause it to exceed its design and operational capacity, the family
court shall order the detention of the juvenile in that facility. Periodic
reviews of the detention order must be conducted in accordance with the
rules of practice in a family court. However, a juvenile must not be
detained in secure confinement in excess of ninety days. If the child does
not qualify for detention or otherwise require continued detention under the
terms of subsection (F), the child must be released to a parent, guardian, or
other responsible person."
Juvenile Parole Board to employ a director
SECTION 33. Section 20-7-2115 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 20-7-2115. The department is charged with the
responsibility of making aftercare investigations to determine suitable
placement for children considered for conditional release from the
correctional schools. The department shall also have the responsibility of
supervising the aftercare program, making revocation investigations, and
submitting findings to the parole board.
The director and such staff as he shall designate in the performance of
their duties of investigation, counseling and supervision, and revocation
investigations, are considered official representatives of the parole
board.
The director and his staff are subject to the regulations for parole and
parole revocation promulgated by the parole board and shall meet with the
parole board at its meetings when requested. Community-based counselors,
or their supervisors, with assigned clients committed to institutions of the
department shall periodically visit the institutions in order to counsel their
clients and accomplish the duties as outlined in this subarticle.
Recognizing the need to maintain autonomy and to provide a check and
balance system, the parole board shall employ a director of parole and other
staff necessary to carry out the duties of parole examinations, victim
liaison, and revocation hearings. The director serves at the will and
pleasure of the parole board. All staff are employees of the parole board
and are directly responsible to the parole board both administratively and
operationally. Funds allocated for the functions designated in this section
must be incorporated as a line item within the department's budget and are
subject to administrative control by the parole board.
The department shall continue to provide the budgetary, fiscal,
personnel, and training information resources and other support considered
necessary by the parole board to perform its mandated functions."
Prisoners prohibited from wearing jewelry; exception
SECTION 34. Chapter 3 of Title 24 of the 1976 Code is amended by
adding:
"Section 24-3-93. No prisoner within the state prison system shall
be allowed to wear any jewelry of any description with the exception of
watches not exceeding a value of $35.00 and wedding bands. For the
purposes of this section jewelry shall include, but is not limited to, rings,
bracelets, necklaces, earrings, anklets, nose rings, and any other
ornamentation determined by the department to constitute
jewelry."
Sentences increased for repeat offenders
SECTION 35. Section 16-1-120 of the 1976 Code is amended by
adding:
"Section 16-1-120. (1) When an individual, who was convicted
of a Class A, B, or C felony offense or an exempt offense which provides
for a maximum term of imprisonment of twenty years or more and
sentenced to a period of time, has been released from prison, whether on
parole or by completion of the sentence, is convicted of another felony
offense, the individual shall have added to the sentence imposed for the
subsequent conviction such additional time as provided below:
(A) if the subsequent offense was committed within forty-five days of
his release, five years shall be added to the sentence mandated by the
subsequent conviction.
(B) if the subsequent offense was committed within ninety days of his
release, four years shall be added to the sentence mandated by the
subsequent conviction.
(C) if the subsequent offense was committed within one hundred
eighty days of his release, three years shall be added to the sentence
mandated by the subsequent conviction.
(D) if the subsequent offense was committed within two hundred
seventy days of his release, two years shall be added to the sentence
mandated by the subsequent conviction.
(E) if the subsequent offense was committed within three hundred
sixty days of his release, one year shall be added to the sentence mandated
by the subsequent conviction.
(2) When subsection (1) requires an individual to have additional time
added to the sentence mandated by a subsequent conviction, if the
maximum sentence mandated for the subsequent conviction is less than the
additional time mandated by subsection (1), the additional time which must
be added to the sentence mandated by the subsequent conviction shall be
equal to the maximum sentence provided for the conviction.
(3) No portion of the additional term provided for herein may be
suspended and no such additional term may be reduced by any early release
program, work credit, or similar program but must be served in
full."
Conjugal visits prohibited; exception
SECTION 36. Chapter 3 of Title 24 of the 1976 Code is amended by
adding:
"Section 24-3-81. No prisoner within the state prison system shall
be permitted to have conjugal visits, as defined by the department, except
pursuant to written guidelines and procedures promulgated by the
department."
Contraband includes U. S. currency; credit system required
SECTION 37. Chapter 3 of Title 24 of the 1976 Code is amended by
adding:
"Section 24-3-951. Effective July 1, 1995, notwithstanding
Section 24-3-956 and any other provision of law, United States currency or
money, as it relates to use within the state prison system, is declared
contraband and shall be not be utilized as a medium of exchange for barter
or financial transaction between prisoners or prison officials and prisoners
within the state prison system, except prisoners on work release or in other
community-based programs. Inmates must not possess United States
currency. All financial disbursements to prisoners or mediums of exchange
between prisoners and between the prison system and prisoners shall be
transacted with a system of credits."
Procedures for filling board vacancy
SECTION 38. Section 24-21-10 of the 1976 Code, as last amended by Act
181 of 1993, is further amended to read:
"Section 24-21-10. (A) The Department of Probation, Parole, and
Pardon Services, hereafter referred to as the `department', is governed by
the Director of Probation, Parole, and Pardon Services, hereafter referred to
as the `director'. The director must be appointed by the Governor with the
advice and consent of the Senate.
(B) The Board of Probation, Parole, and Pardon Services is composed
of seven members. The terms of office of the members are for six years.
Six of the seven members must be appointed from each of the
congressional districts and one member must be appointed at large.
Vacancies must be filled by gubernatorial appointment with the advice and
consent of the Senate for the unexpired term. If a vacancy occurs during a
recess of the Senate, the Governor may fill the vacancy by appointment for
the unexpired term pending the consent of the Senate, provided the
appointment is received for confirmation on the first day of the Senate's
next meeting following the vacancy. A chairman must be elected annually
by a majority of the membership of the board. The chairman may serve
consecutive terms.
(C) The Governor shall deliver an appointment within sixty days of the
expiration of a term, if an individual is being reappointed, or within ninety
days of the expiration of a term, if an individual is an initial appointee. If a
board member who is being reappointed is not confirmed within sixty days
of receipt of the appointment by the Senate, the appointment is deemed
rejected. For an initial appointee, if confirmation is not made within ninety
days of receipt of the appointment by the Senate, the appointment is
deemed rejected. The Senate may by resolution extend the period after
which an appointment is deemed rejected. If the failure of the Senate to
confirm an appointee would result in the lack of a quorum of board
membership, the seat for which confirmation is denied or rejected shall not
be considered when determining if a quorum of board membership
exists."
PART II
Adult Corrections Reform
Community Corrections Incentive Act
SECTION 39. Title 2 of the 1976 Code is amended by adding:
"CHAPTER 48
Community Corrections Incentive Act
Section 2-48-10. (A) A need exists for careful planning to expand local
detention and correctional facilities to enable local governments adequately
to incarcerate offenders who are awaiting trial or serving sentences of
imprisonment at the local level. At the same time, South Carolina faces a
critical need for more prison space to accommodate the projected increase
in the inmate population. At a time when the state's prisons are becoming
increasingly overcrowded, budgetary resources are becoming more limited
and the future availability of capital improvement bonds for more prison
construction is uncertain.
(B) To ensure that adequate space is available in state corrections
facilities for violent and habitual offenders, a need exists for additional
community correctional facilities to enable courts to sentence nonviolent
offenders to these less costly community correctional facilities which
enable the offenders to make restitution payments and otherwise
compensate the community for their crimes and which require participation
in programs emphasizing substance abuse, education, and mental health
counseling.
(C) The need exists for South Carolina to create a plan from which the
State can establish a partnership with local governments to meet the
corrections and incarceration needs of local governments and the State by
offering less costly facilities for housing state and local inmates in
alternative sentencing programs.
Section 2-48-20. (A) The Department of Corrections and a county, a
municipality, another local governmental entity, or a multi-jurisdictional
entity may enter into contracts for the incarceration of state, county, or
municipal jail inmates and all services necessary, appropriate, or incidental
to the housing and care of the inmates.
(B) The Department of Corrections, with the approval of the governing
body of the local or multi-jurisdictional entity provided in subsection (A),
may construct community correctional facilities for alternative sentencing
programs within a municipality, county, or multi-jurisdictional region if the
General Assembly appropriates the necessary funds.
Section 2-48-30. Before construction of a community correctional
facility pursuant to Section 2-48-20, tracts of land suitable for the
construction of community corrections facilities must be provided by the
county, municipality, or other local governmental or multi-jurisdictional
entity involved. The title of the lands provided must be conveyed to the
State of South Carolina. Upon the acquisition of the land in the name of
the State, the State Budget and Control Board has the authority to convey
the land to the Department of Corrections for the erection and construction
of the facilities. The original construction costs and necessary equipment
costs for the facilities must be paid by the State. These facilities must be
constructed to the extent possible by utilizing inmate labor as determined
appropriate by the Director of the Department of Corrections. Legal title to
the facilities must be transferred to the State of South Carolina, as set forth
in this chapter, and the facilities are the property of the Department of
Corrections.
Section 2-48-40. The construction of community correctional facilities,
as authorized pursuant to this chapter, provides the courts with a less costly
alternative to committing offenders to more secure state correctional
institutions and assists in the supervision and rehabilitation of drug and
alcohol and other nonviolent offenders, who can be incarcerated safely in
community correctional facilities. The facilities may be used for furthering
the reintegration of offenders into the community before their release.
Facilities established pursuant to this chapter must be available as a means
of providing sentencing alternatives for persons sentenced to incarceration
in a state correctional facility. However, upon the approval by the Director
of the Department of Corrections, the facilities may be made available to
persons who otherwise would be sentenced to incarceration in a jail of the
county, municipality, other local governmental, or multi-jurisdictional
entity involved, if the inmates do not displace state inmates from
participating in the programs.
Section 2-48-50. Community correctional facilities constructed pursuant
to this chapter may include:
(1) work camps or other minimum security facilities to house offenders
who are assigned under Section 24-13-660 or Section 24-13-910;
(2) minimum security or nonsecure facilities to house former
probationers who have violated the terms or conditions of their
probation;
(3) minimum security or nonsecure residential drug treatment facilities
to house nonviolent drug offenders who are required to reside in them
while receiving outpatient substance abuse treatment and working or
attending school;
(4) minimum security or nonsecure facilities to house persons who are
required to reside in them while working to make restitution.
Section 2-48-60. Before the construction of a community correctional
facility, as authorized pursuant to this chapter, the Department of
Corrections shall establish a contract with the involved municipality,
county, other local governmental entity, or multi-jurisdictional entity by
which the involved local governing body agrees to:
(1) operate and manage the community correctional facility in
accordance with the Minimum Standards for Local Detention Facilities in
South Carolina;
(2) provide for the treatment, care, maintenance, employment, and
rehabilitation of inmates in the community correctional facility. The
municipality, county, other local governmental entity, or
multi-jurisdictional entity must be reimbursed for the cost of caring for
each state inmate as provided by contract. The contract also must:
(a) allow the governing body of the municipality, county, other local
governmental entity, or multi-jurisdictional entity to rescind the contract by
notification of its intention to rescind the contract at the beginning of the
fiscal year. The recision is effective beginning the following fiscal
year;
(b) provide that upon recision, the operation and management of the
facilities constructed pursuant to this chapter and the care of the state
inmates located at that facility revert to the Department of Corrections;
(c) provide that all inmates under the jurisdiction of the municipality,
county, other local governmental entity, or multi-jurisdictional entity who
are incarcerated at that facility must be returned to the custody of their
respective governmental entities.
Section 2-48-70. This chapter does not preempt application of
applicable zoning laws or regulations.
Section 2-48-80. Legal custody of state inmates assigned to a
community correctional facility is in accordance with Section
24-3-30."
Filing procedures for post conviction relief application
SECTION 40. The 1976 Code is amended by adding:
"Section 17-27-45. (A) An application for relief filed pursuant to
this chapter must be filed within one year after the entry of a judgment of
conviction or within one year after the sending of the remittitur to the lower
court from an appeal or the filing of the final decision upon an appeal,
whichever is later.
(B) When a court whose decisions are binding upon the Supreme Court
of this State or the Supreme Court of this State holds that the Constitution
of the United States or the Constitution of South Carolina, or both, impose
upon state criminal proceedings a substantive standard not previously
recognized or a right not in existence at the time of the state court trial, and
if the standard or right is intended to be applied retroactively, an
application under this chapter may be filed not later than one year after the
date on which the standard or right was determined to exist.
(C) If the applicant contends that there is evidence of material facts not
previously presented and heard that requires vacation of the conviction or
sentence, the application must be filed under this chapter within one year
after the date of actual discovery of the facts by the applicant or after the
date when the facts could have been ascertained by the exercise of
reasonable diligence."
Pretrial classification system
SECTION 41. The 1976 Code is amended by adding:
"Section 22-5-580. (A) A statewide pretrial classification
program is established to bring about an improvement of magistrates'
collections and consideration of information concerning release of persons
placed in jail pending disposition of criminal charges. The program must
allow magistrates to make more fully informed bail-setting decisions so
those persons who present low risks of absconding while under appearance
recognizance or an appearance bond may be released and those persons
presenting unacceptably high risks of absconding or committing crime will
continue to be held in custody.
(B) The Department of Probation and Community Supervision shall
promulgate regulations in accordance with the Administrative Procedures
Act to be used by magistrates in improving the collection and consideration
of information on persons requesting release on appearance recognizance or
appearance bonds. The regulations developed by the Department of
Probation and Community Supervision must include the establishment of a
`point-total' system for pretrial screening of appropriate defendants. This
system must establish an amount or range of the recognizance entered into
based on the nature of the offense charged, the danger the accused presents
to himself and others, the likelihood the accused will flee to avoid trial, and
other applicable factors. The regulations also must provide guidance for
the collection and verification of relevant information on the person under
consideration for the release."
Local pretrial confinement facilities authorized
SECTION 42. The 1976 Code is amended by adding:
"Section 24-3-25. (A) The governing bodies of counties or
municipalities may join in establishing local regional correctional facilities
for the confinement of persons awaiting trial or sentence on criminal
charges, convicted and sentenced on criminal charges, or not otherwise
eligible for confinement in state or other facilities. For this purpose, the
governing bodies may:
(1) acquire, hold, construct, finance, improve, maintain, operate, own
or lease, in the capacity of lessor or lessee, a local regional correctional
facility for the purpose of incarcerating their own inmates, inmates of other
counties or municipalities, or inmates from the Department of
Corrections;
(2) form cooperative agreements for the management, supervision,
and control of a local regional correctional facility, its property, assets,
funds, employees, and prisoners, and other resources and liabilities as
appropriate.
(B) Every sentenced person committed to a local regional correctional
facility constructed or operated pursuant to this section unless disqualified
by sickness or otherwise, must be kept at some useful employment suited to
his age and capacity and which may tend to promote the best interest of the
citizens of this State."
Prison labor in private industry
SECTION 43. The 1976 Code is amended by adding:
"Section 24-3-430. (A) The Director of the Department of
Corrections may establish a program involving the use of inmate labor in
private industry for the manufacturing and processing of goods, wares, or
merchandise or the provision of services or another business or commercial
enterprise considered by the director to enhance the general welfare of
South Carolina.
(B) The director may enter into contracts necessary to implement this
program. The contractual agreements may include rental or lease
agreements for state buildings or portions of them on the grounds of an
institution or a facility of the Department of Corrections and provide for
reasonable access to and egress from the building to establish and operate a
facility.
(C) An inmate may participate in the program established pursuant to
this section only on a voluntary basis and only after he has been informed
of the conditions of his employment.
(D) No inmate participating in the program may earn less than the
prevailing wage for work of similar nature in the private sector.
(E) Inmate participation in the program may not result in the
displacement of employed workers in the State of South Carolina and may
not impair existing contracts for services.
(F) Nothing contained in this section restores, in whole or in part, the
civil rights of an inmate. No inmate compensated for participation in the
program is considered an employee of the State.
(G) No inmate who participates in a project designated by the Director
of the Bureau of Justice Assistance pursuant to Public Law 90-351 is
eligible for unemployment compensation upon termination from the
program.
(H) The earnings of an inmate authorized to work at paid employment
pursuant to this section must be paid directly to the Department of
Corrections and applied as provided under Section 24-3-40."
Prisoners to pay for certain costs
SECTION 44. The 1976 Code is amended by adding:
"Section 24-13-80. (A) As used in this section:
(1) `Detention facility' means a municipal or county jail or state
correctional facility used for the detention of persons charged with or
convicted of a felony, misdemeanor, municipal offense, or violation of a
court order.
(2) `Inmate' means a person who is detained in a detention facility by
reason of being charged with or convicted of a felony, a misdemeanor, a
municipal offense, or violation of a court order.
(3) `Medical treatment' means each visit initiated by the inmate to an
institutional physician, physician's extender including a physician's
assistant or a nurse practitioner, dentist, optometrist, or psychiatrist for
examination or treatment.
(4) `Administrator' means the county administrator, city administrator,
or the chief administrative officer of a county or municipality.
(5) `Director' means the agency head of the Department of
Corrections.
(B) The administrator or director, whichever is appropriate, may
establish, by rules, criteria for a reasonable deduction from money credited
to the account of an inmate to:
(1) repay the costs of:
(a) public property wilfully damaged or destroyed by the inmate
during his incarceration;
(b) medical treatment for injuries inflicted by the inmate upon
himself or others;
(c) searching for and apprehending the inmate when he escapes or
attempts to escape. The costs must be limited to those extraordinary costs
incurred as a consequence of the escape; or
(d) quelling a riot or other disturbance in which the inmate is
unlawfully involved;
(2) defray the costs paid by a municipality or county for elective
medical treatment for an inmate, which has been requested by him, if the
deduction does not exceed five dollars for each occurrence of treatment
received by the inmate at the inmate's request. If the balance in an inmate's
account is five dollars or less, the fee must not be charged. This item does
not apply to medical costs incurred as a result of injuries sustained by an
inmate or other medically necessary treatment for which that inmate is
determined not to be responsible.
(C) All sums collected for medical treatment must be reimbursed to the
inmate if the inmate is acquitted or otherwise exonerated of all charges for
which the inmate was being held.
(D) The detention facility may initiate an action for collection of
recovery of medical costs incurred pursuant to this section against an
inmate upon his release or his estate if the inmate was executed or died
while in the custody of the detention facility."
Center for alcohol and drug rehabilitation for offenders
SECTION 45. Chapter 13, Title 24 of the 1976 Code is amended by
adding:
"Article 19
The Center for Alcohol and
Drug Rehabilitation
Section 24-13-1910. There is established one or more centers for
alcohol and drug rehabilitation under the jurisdiction of the Department of
Corrections to treat and rehabilitate alcohol and drug offenders. The
Department of Alcohol and Other Drug Abuse Services has primary
responsibility for the addictions treatment of the offenders, and the
Department of Corrections has primary responsibility for the maintenance
and security of the offenders. The Department of Corrections may
construct one or more centers upon the necessary appropriation of funds by
the General Assembly. The centers established or constructed as
authorized by this section shall provide at least seven hundred fifty beds.
The centers established under this section must be fully operational by
January 1, 1997.
Section 24-13-1920. The Department of Alcohol and Other Drug
Abuse Services shall establish a program to provide alcohol and drug abuse
intervention, prevention, and treatment services for offenders sentenced to a
center for alcohol and drug rehabilitation established pursuant to Section
24-13-1910. The Department of Alcohol and Other Drug Abuse Services
shall provide staff and support necessary to administer the program. Funds
for this program must be appropriated annually by the General
Assembly.
Section 24-13-1930. A judge may suspend a sentence for a defendant
convicted of a drug or alcohol offense for which imprisonment of more
than ninety days may be imposed or as a revocation of probation and may
place the offender in a center for alcohol and drug rehabilitation. The
Department of Corrections, on the first day of each month, shall present to
the general sessions court a report detailing the availability of bed space in
the center for alcohol and drug rehabilitation.
Section 24-13-1940. For the Department of Corrections to establish and
maintain a center for alcohol and drug rehabilitation, its director shall
coordinate with the Department of Alcohol and Other Drug Abuse Services
to:
(1) develop policies and procedures for the operation of the center for
alcohol and drug rehabilitation;
(2) fund other management options advantageous to the State including,
but not limited to, contracting with public or nonpublic entities for the
management of a center for alcohol and drug rehabilitation;
(3) lease buildings;
(4) develop standards for alcohol and drug abuse counseling for
offenders sentenced to a center for alcohol and drug rehabilitation;
(5) develop standards for disciplinary rules to be imposed on residents
of a center for alcohol and drug rehabilitation.
Section 24-13-1950. Upon release from a center for alcohol and drug
rehabilitation, 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
is ineligible for this program by reason of gender."
Commission's duties and responsibilities
SECTION 46. Section 24-26-20 of the 1976 Code is amended to read:
"Section 24-26-20. The commission has the following duties and
responsibilities:
(1) recommend advisory sentencing guidelines for the general sessions
court for all offenses for which a term of imprisonment of more than one
year is allowed.
(a) The guidelines must establish:
(i) the circumstances under which imprisonment of an offender is
proper;
(ii) a range of fixed sentences for offenders for whom imprisonment
is proper, based on each appropriate combination of reasonable offense and
offender characteristics;
(iii) a determination whether multiple sentences to terms of
imprisonment must be ordered to run concurrently or consecutively.
(b) In establishing the advisory sentencing guidelines, the commission
shall take into consideration current sentence and release practices and
correctional resources including, but not limited to, the capacities of local
and state correctional facilities;
(2) recommend appropriate advisory sentencing guidelines for the
general sessions courts for all offenses for which a term of imprisonment of
one year or less is allowed;
(3) recommend appropriate advisory guidelines for offenders for whom
traditional imprisonment is not considered proper. Advisory guidelines
promulgated by the commission for offenders for whom traditional
imprisonment is not considered proper must make specific reference to
noninstitutional sanctions;
(4) develop and recommend policies for preventing prison and jail
overcrowding;
(5) examine the impact of statutory provisions and current
administrative policies on prison and jail overcrowding;
(6) before January sixteenth of each year, prepare and submit to the
Governor, the General Assembly, and the Chief Justice of the Supreme
Court a comprehensive state criminal justice ten-year, five-year, and
one-year plan for preventing prison and jail overcrowding. This plan must
include, but is not limited to, the number of persons currently involved in
pretrial and postsentencing options predominantly provided through
community-based agencies which minimize the number of persons
requiring incarceration consistent with protection of public safety,
including mediation, restitution, supervisory release, and community
service plans and the impact on prison populations, local communities, and
court caseloads. The commission shall take into account state plans in the
related areas of mental health and drug and alcohol abuse in the
development of the plan;
(7) research and gather relevant statistical data and other information
concerning the impact of efforts to prevent prison and jail overcrowding
and make the information available to criminal justice agencies and
members of the General Assembly;
(8) serve as a clearing house and information center for the collection,
preparation, analysis, and dissemination of information on state and local
sentencing practices and conduct ongoing research regarding sentencing
guidelines, use of imprisonment and alternatives to imprisonment, plea
bargaining, and other matters relating to the improvement of the criminal
justice system;
(9) make recommendations to the General Assembly regarding changes
in the criminal code, criminal procedures, and other aspects of
sentencing."
Commission's staff
SECTION 47. Section 24-26-30 of the 1976 Code is amended to read:
"Section 24-26-30. The commission may employ a staff director
and other professional and clerical personnel upon the appropriation of
sufficient funds by the General Assembly. The duties of the staff director
and the other personnel of the commission must be set by the
commission."
Commission's funding
SECTION 48. Section 24-26-40 of the 1976 Code is amended to read:
"Section 24-26-40. The commission shall receive funding
provided by the General Assembly and is encouraged to apply for and may
expend federal funds and grants and gifts it may receive from other sources
to carry out its duties and responsibilities."
Commission's policies
SECTION 49. Section 24-26-50 of the 1976 Code is amended to read:
"Section 24-26-50. The commission, by vote of a majority of the
membership, may establish general policies. The advisory guidelines
prescribed and promulgated pursuant to Section 24-26-20 must be approved
by the General Assembly."
Commission to recommend classification system based on maximum
terms
SECTION 50. The 1976 Code is amended by adding:
"Section 24-26-60. The commission shall recommend to the
General Assembly a classification system based on maximum term of
imprisonment for all South Carolina criminal offenses. Thereafter, the
commission shall make, from time to time, recommendations to the General
Assembly regarding changes in the classification system."
Purchase of prison industry goods exempt from Procurement
Code
SECTION 51. Section 11-35-710 of the 1976 Code, as last amended by
Section 94, Act 181 of 1993, is further amended to read:
"Section 11-35-710. The board, upon the recommendation of the
Division of General Services, may exempt governmental bodies from
purchasing certain items through the respective chief procurement officer's
area of responsibility. The board may exempt specific supplies or services
from the purchasing procedures required in this section and for just cause
by unanimous written decision limit or may withdraw exemptions provided
for in this section. The following exemptions are granted in this
chapter:
(1) the construction, maintenance, and repair of bridges, highways and
roads; vehicle and road equipment maintenance and repair; and other
emergency type parts or equipment utilized by the Department of
Transportation;
(2) the purchase of raw materials and supplies by the South Carolina
Department of Corrections, Division of Prison Industries;
(3) South Carolina State Ports Authority;
(4) Division of Public Railways of the Department of Commerce;
(5) South Carolina Public Service Authority;
(6) expenditure of funds at state institutions of higher learning derived
wholly from athletic or other student contests, from the activities of student
organizations and from the operation of canteens and bookstores, except as
the funds are used for the procurement of construction, architect-engineer,
construction-management, and land surveying services;
(7) livestock, feed, and veterinary supplies;
(8) articles for commercial sale by all governmental bodies;
(9) fresh fruits, vegetables, meats, fish, milk, and eggs;
(10) South Carolina Arts Commission and South Carolina Museum
Commission for the purchase of one-of-a-kind items such as paintings,
antiques, sculpture, and similar objects. Before a governmental body
procures the objects, the head of the purchasing agency shall prepare a
written determination specifying the need for the objects and the benefits to
the State. The South Carolina Arts Commission shall review the
determination and forward a recommendation to the board for approval;
(11) published books, periodicals, and technical pamphlets;
(12) South Carolina Research Authority;
(13) the purchase of goods, products, and services by state offices,
departments, institutions, agencies, boards, and commissions or the
political subdivisions of this State from the South Carolina Department of
Corrections, Division of Prison Industries."
Use of prison labor in public sector
SECTION 52. Section 17-25-70 of the 1976 Code is amended to read:
"Section 17-25-70. Notwithstanding another provision of law, a
local governing body may authorize the sheriff or other official in charge of
a local correctional facility to require any able-bodied convicted person
committed to the facility to perform labor in the public interest. This labor
may involve public service work or related activities which conform to the
provisions of Section 24-13-660. The public service work may include, but
is not limited to, maintenance or repair of the drainage systems, highways,
streets, bridges, grounds, and buildings and litter control and emergency
relief efforts. A convicted person physically capable of performing the
labor who refuses to obey a direct order to perform the labor is not entitled
to good behavior credits pursuant to Section 24-13-210 or productive duty
credits pursuant to Section 24-13-230. An inmate participating in a local
work punishment or other public service sentence program must not be
removed arbitrarily from the program and required to perform work on the
public works or ways. A local governing body may enter into a contractual
agreement with another governmental entity for use of inmate labor in the
performance of work for a public purpose."
Contracts for the local detention of prisoners
SECTION 53. Section 24-3-30 of the 1976 Code, as last amended by
Section 392, Act 181 of 1993, is further amended to read:
"Section 24-3-30. Notwithstanding the provisions of Section
24-3-10 or another provision of law, a person convicted of an offense
against the State must be in the custody of the Department of Corrections of
the State, and the department shall designate the place of confinement
where the sentence must be served. The department may designate as a
place of confinement an available, a suitable, and an appropriate institution
or facility including, but not limited to, a county jail or work camp whether
maintained by the Department of Corrections or otherwise. However, the
consent of the officials in charge of the county institutions so designated
must be obtained first. If imprisonment for three months or less is ordered
by the court as the punishment, all persons so convicted must be placed in
the custody, supervision, and control of the appropriate officials of the
county in which the sentence was pronounced, if the county has facilities
suitable for confinement. A county or municipality, through mutual
agreement or contract, may arrange with another county or municipality or
a local regional correctional facility for the detention of its prisoners. The
Department of Corrections must be notified by the county officials
concerned not less than six months before the closing of a county prison
facility which would result in the transfer of the prisoners of the county
facility to facilities of the department.
Each county administrator, or the equivalent, having charge of county
prison facilities, upon the department's designating the county facilities as
the place of confinement of a prisoner, may use the prisoner assigned to
them for the purpose of working the roads of the county or other public
work. A prisoner so assigned to the county must be under the custody and
control of the administrator or the equivalent during the period to be
specified by the director at the time of the prisoner's assignment, but the
assignment must be terminated at any time the director determines that the
place of confinement is unsuitable or inappropriate, or that the prisoner is
employed on other than public works. If, upon termination of the
assignment, the prisoner is not returned, habeas corpus lies."
Prison industry wages to be paid to department for
disbursement
SECTION 54. Section 24-3-40 of the 1976 Code, as last amended by
Section 393, Act 181 of 1993, is further amended to read:
"Section 24-3-40. Unless otherwise provided by law, the
employer of a prisoner authorized to work at paid employment in the
community under Sections 24-3-20 to 24-3-50 or in a prison industry
program provided under Article 3 of this chapter shall pay the prisoner's
wages directly to the Department of Corrections. The Director of the
Department of Corrections shall withhold five percent of the gross wages
and promptly place these funds on deposit with the State Treasurer for
credit to a special account to support victim assistance programs
established pursuant to the `Victims of Crime Act of 1984, Public Law
98-473, Title II, Chapter XIV, Section 1404'. The director may withhold
from the wages costs incident to the prisoner's confinement as the
Department of Corrections considers appropriate and reasonable. These
withholdings must be deposited to the maintenance account of the
Department of Corrections. The balance of the wages, in the discretion of
the director and in proportions determined by the director, may be
disbursed to the prisoner, the prisoner's dependents, and the victim of the
crime or deposited to the credit of the prisoner."
Monitoring of state agency cooperation in purchasing prison industry
goods
SECTION 55. Section 24-3-330 of the 1976 Code, as last amended by
Section 411, Act 181 of 1993, is further amended to read:
"Section 24-3-330. (A) All offices, departments, institutions, and
agencies of this State supported in whole or in part by this State shall
purchase, and all political subdivisions of this State may purchase, from the
State Department of Corrections, articles or products made or produced by
convict labor in this State or another state as provided for by this article.
These articles and products must not be purchased by an office, a
department, an institution, or an agency from another source, unless
excepted from the provisions of this section, as provided by law. All
purchases must be made from the Department of Corrections, upon
requisition by the proper authority of the office, department, institution,
agency, or political subdivision of this State requiring the articles or
products.
(B) The Materials Management Office of the Division of General
Services shall monitor the cooperation of state offices, departments,
institutions, and agencies in the procurement of goods, products, and
services from the Division of Prison Industries of the Department of
Corrections."
Requests authorized for goods to be produced by prison
industry
SECTION 56. Section 24-3-360 of the 1976 Code, as last amended by
Section 413, Act 181 of 1993, is further amended to read:
"Section 24-3-360. The State Department of Corrections shall
cause to be prepared, annually, at times it may determine, catalogues
containing the description of all articles and products manufactured or
produced under its supervision pursuant to the provisions of this article.
Copies of this catalogue must be sent by it to all offices, departments,
institutions, and agencies of this State and made accessible to all political
subdivisions of this State referred to in Sections 24-3-310 to 24-3-330. At
least thirty days before the beginning of each fiscal year, the proper official
of each office, department, institution, or agency, when required by the
Department of Corrections, shall report to the department estimates for
fiscal year of the kind and amount of articles and products reasonably
required for the ensuing year, referring in the estimates to the catalogue
issued by the department insofar as articles and products indicated are
included in this catalogue. However, nothing in this chapter prohibits a
state office, department, institution, or agency or the political subdivisions
of this State from contacting and requesting the Department of Corrections
to manufacture or produce articles or products similar, but not identical, to
articles or products listed in the catalogue."
Local governments may use home detention
SECTION 57. Section 24-13-1530 of the 1976 Code, as added by Act 594
of 1990, is amended to read:
"Section 24-13-1530. (A) Notwithstanding another 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 if
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.
(B) Local governments also may establish by ordinance the same
alternative to incarceration for persons who are awaiting trial and for
offenders whose sentences do not place them in the custody of the
Department of Corrections. Counties and municipalities may develop
home detention programs according to the Minimum Standards for Local
Detention Facilities in South Carolina which are established pursuant to
Section 24-9-20 and enforced pursuant to Section 24-9-30."
Use of electronic monitoring devices
SECTION 58. Section 24-13-1560 of the 1976 Code, as added by Act 594
of 1990, is amended to read:
"Section 24-13-1560. The participant shall use an approved
electronic monitoring device if 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."
To increase the penalties for the unlawful practice of law
SECTION 59. Section 40-5-310 of the 1976 Code is amended to read:
"Section 40-5-310. No person may practice or solicit the cause of
another person in a court of this State unless he has been admitted and
sworn as an attorney. A person who violates this section is guilty of a
felony and, upon conviction, must be fined not more than five thousand
dollars or imprisoned not more than five years, or both."
Exemption from employment security law for certain inmate
projects
SECTION 60. Section 41-27-260(10) of the 1976 Code is amended to
read:
"(10) For the purposes of Section 41-27-230(2) and (3),
`employment' does not include service performed:
(a) in the direct employ of a church, convention, or association of
churches or an organization operated primarily for religious purposes and
which is operated, supervised, controlled, or principally supported by a
church, convention, or association of churches; or
(b) by an ordained, a commissioned, or a licensed minister of a church
in the exercise of his ministry or by a member of a religious order in the
exercise of duties required by the order; or
(c) in a facility conducted for the purpose of carrying out a program of
rehabilitation for individuals whose earning capacity is impaired by age,
physical or mental deficiency, or injury or providing remunerative work for
individuals who because of their impaired physical or mental capacity
cannot be absorbed readily in the competitive labor market by an individual
receiving rehabilitation or remunerative work; or
(d) before January 1, 1978, for a hospital in a state prison or other
state correctional institution by an inmate of the prison or correctional
institution and after December 31, 1977, by an inmate of a custodial or
penal institution; or
(e) as part of an unemployment work-relief or work-training program
assisted or financed in whole or in part by a federal agency, an agency or
political subdivision of a state, or an individual receiving work relief or
work training, unless a federal law, rule, or regulation mandates
unemployment insurance coverage to individuals in a particular work-relief
or work-training program; or
(f) by an inmate who participates in a project designated by the
Director of the Bureau of Justice Assistance pursuant to Public Law
90-351."
Sections repealed
SECTION 61. Sections 24-3-35, 24-7-10, 24-7-20, 24-7-30, 24-7-40,
24-7-50, 24-7-90, and 24-7-100 of the 1976 Code are repealed.
PART III
Prison Industries Report
Prison industry agriculture and litter program report
SECTION 62. No later than the first day of the 1995 Legislative Session,
the Department of Corrections shall submit to the General Assembly a
detailed and comprehensive report on:
(1) the current status of the prison industries and agricultural programs
and the litter control program and recommendations necessary to expand
the litter control program;
(2) the potential market that exists for prison industries products or
services;
(3) the participation by offices, departments, institutions, or agencies
supported in whole or in part by this State or its political subdivisions in
purchasing goods and services currently provided by prison industries and
recommendations for increasing the purchasing;
(4) a listing of known products, goods, or services currently
manufactured or produced by offices, departments, institutions, or agencies
supported in whole or in part by this State or its political subdivisions
which could be evaluated for adoption into the prison industries
program;
(5) a plan to establish, transfer, and close certain prison industries
operations to adjust to actual or potential market demand for particular
products or services and maximize opportunities for gainful work for
inmates;
(6) a plan to promote, plan, and when considered advisable, assist in the
location of privately owned and operated industrial enterprises which
would utilize inmate labor on the grounds of adult correctional
institutions;
(7) the need, if any, for the creation of an advisory board to establish
and promote prison industries and services programs.
PART IV
School Safety and Juvenile Justice Reform
Long-term plan for services to juvenile offenders
SECTION 63. Before January 1, 1995, the Department of Juvenile Justice
shall develop a long-term plan to be phased in over the next five years
beginning on July 1, 1995, which:
(1) Decentralizes the centralized Department of Juvenile Justice
facilities in Columbia and reduce the number of secure beds utilized for
nonviolent, nonrepeat offenders through the use of programs involving
more intense supervision and treatment services at the community level.
The department shall consider closing a significant number of its secure
bed facilities in Columbia and opening smaller sized, regional secure
facilities in at least four areas of the State: the Upstate, the Midlands, the
Low Country, and the Pee Dee. Each regional secure facility also shall
provide pre-adjudicatory detention facilities in agreement with county or
regional plans.
(2) Explores the possibility of leasing some of its facilities, which
would close with decentralization of the Columbia facilities, to the
Department of Corrections and using the lease money to help fund the
decentralized and reoriented Department of Juvenile Justice budget.
(3) Includes alternatives to incarceration for those juveniles under the
supervision of the department but not adjudicated delinquent for the
commission of violent offenses as defined in Section 16-1-60. The
alternatives to incarceration shall maximize integrated, highly
individualized home, school, and neighborhood based services and
programs and shall include the purchase of diversified services on the
community level. These services and programs shall include, but are not
limited to, juvenile arbitration, mentor homes, halfway homes, wilderness
experiences, diversion programs such as family group conferences, day
treatment centers, after school reporting systems and supervision, electronic
monitoring, community service work programs, teen court programs,
restitution programs, and intensive supervision including electronic
monitoring, counseling, home visits, school visits, group counseling,
urinalysis, and phone calls all on an ongoing basis and staffed seven days a
week, twenty-four hours a day.
(4) Includes a budget which reflects a shift from spending monies to
support the large facilities in Columbia to spending monies to enhance and
support the personnel and programs on a local level. The budget shall
reflect innovative management practices and the use of objective criteria,
such as a risk assessment grid, for placement decisions. The department
shall explore the development and use of Medicaid reimbursable programs
for the therapeutic treatment of its clients.
(5) Includes, to a much greater degree, the use of community based and
nonresidential evaluation centers.
(6) Includes, in conjunction with the circuit solicitors and the family
court, programs to be presented annually in every middle and high school
in the State to educate the students on the consequences of committing
delinquent and criminal acts.
Juvenile offenders - family assessment and service plan
SECTION 64. The 1976 Code is amended by adding:
"Section 20-7-753. (A) In a juvenile delinquency proceeding
before the family court, the court may designate a state agency as the lead
agency to provide a family assessment to the court. The assessment shall
include, but is not limited to, the strengths and weaknesses of the family,
problems interfering with the functioning of the family and with the best
interests of the child, and recommendations for a comprehensive service
plan to strengthen the family and assist in resolving these issues.
(B) The lead agency shall provide the family assessment to the court in
a timely manner and the court shall conduct a hearing to review the
proposed plan and adopt a plan as part of its order that will best meet the
needs and best interest of the child. In arriving at a comprehensive plan,
the court shall consider:
(1) additional testing or evaluation that may be needed;
(2) economic services including, but not limited to, employment
services, job training, food stamps, and aid to families with dependent
children;
(3) counseling services including, but not limited to, marital
counseling, parenting skills, and alcohol and drug abuse counseling;
(4) and any other programs or services appropriate to the child's and
family's needs.
(C) The lead agency is responsible for monitoring compliance with the
court-ordered plan and shall report to the court at such times as the court
requires."
Family court jurisdiction includes family's failure to cooperate in
plan
SECTION 65. Section 20-7-420 of the 1976 Code is amended by adding
an appropriately numbered item to read:
"( ) to require the parent of a child brought before the court for
adjudication of a delinquency matter and agencies providing services to the
family to cooperate and participate in a plan adopted by the court to meet
the needs and best interests of the child and to hold a parent or agency in
contempt for failing to cooperate and participate in the plan adopted by the
court. In imposing its contempt powers the Family Court must take into
consideration mitigating circumstances including the parent's or legal
custodian's participation in the treatment plan, the level of services being
offered by the lead and participating agencies, and the level of cooperation
by the lead and participating agencies as the court may deem
appropriate."
Preadjudicatory educational services for juveniles
SECTION 66. Section 20-7-3230(5) of the 1976 Code is amended by
adding at the end:
"The Department of Juvenile Justice shall provide educational
programs and services to all preadjudicatory juveniles in its custody.
County and regionally operated facilities shall provide these services to all
preadjudicatory juveniles who are detained locally for more than
twenty-four hours, excluding weekends and state holidays, by contracting
with the Department of Juvenile Justice or by arranging the services
through the local school district in which the facility is located. Services
which are arranged locally must be approved by the Department of Juvenile
Justice as meeting all criteria developed under the authority of Section
20-7-3240."
Funding for school safety coordinators
SECTION 67. The 1976 Code is amended by adding:
"Section 59-66-20. (A) The General Assembly annually shall
provide funds in the general appropriations act to be awarded to school
districts which choose to employ safety coordinators in accordance with
this section. State funds may be awarded for not more than one safety
coordinator for each county. The amount of the award for a county for
fiscal year 1995-96 may not exceed twenty-five thousand dollars, except
for counties which are designated as economically distressed pursuant to
Section 41-43-180. Economically distressed counties participating in the
program shall receive additional state funds for fiscal year 1995-96 in the
amount of five thousand five hundred dollars. The amount which may be
awarded for a county, including the additional state funds for economically
distressed counties, must be increased each fiscal year after 1995-96 by the
same percentage as the average teacher salary.
(B) An award of state funds to school districts under this program is
contingent upon a district or group of districts jointly matching the state
grant with an equal amount of funds and in-kind contributions; however,
school districts located primarily within an economically distressed county
are not required to match any portion of the state grant. Additionally, funds
only may be awarded where the duties of the safety coordinator relate
exclusively to school and district safety functions. It is the intent of the
General Assembly that the safety coordinator have a strong background in
law enforcement, safety matters, or coordination of relevant services.
(C) If a county consists of more than one school district, any or all
school districts within the county may apply jointly for funds for a safety
coordinator. Each participating school district must provide a portion of
the local matching funds based upon the relationship the district's student
membership bears to the total student membership of all participating
districts within the county. Nonparticipating school districts in
multi-district counties may begin participation in the program by
contributing to the local match in the same manner as those school districts
originally participating in the program.
(D) When more than one school district in a multi-district county is
provided funds under this section, the safety coordinator must be an
employee of the school district with the largest student membership during
the immediately preceding school year, unless the participating school
districts have a memorandum of agreement providing otherwise; however,
the safety coordinator must provide services to all participating school
districts.
(E) For purposes of this section, `student membership' means the
cumulative one hundred thirty-five day average daily membership during
the immediately preceding school year.
(F) The State Board of Education, through the State Department of
Education, shall develop and implement regulations establishing the safety
coordinator grant program."
Public middle schools and high schools to be equipped with metal
detector
SECTION 68. The 1976 Code is amended by adding:
"Section 59-66-30. (A) Using funds appropriated by the General
Assembly, each public middle, junior high, and high school in the State
must be equipped with one hand-held metal detector.
(B) In consultation and cooperation with the Office of the Attorney
General and the State Law Enforcement Division, the State Department of
Education shall provide training in the use of hand-held metal detectors to
school officials who shall use the equipment.
(C) The State Board of Education, through the State Department of
Education, shall promulgate regulations to implement this
section."
Schools to be notified of certain juveniles taken into custody
SECTION 69. Section 20-7-600 of the 1976 Code, as last amended by
Section 282, Act 181 of 1993, is further amended by adding an
appropriately numbered subsection to read:
"( ) When a child is taken into custody by a law enforcement
officer for an offense which would be a misdemeanor or felony if
committed by an adult, not including traffic or wildlife violations over
which courts other than the family court have concurrent jurisdiction as
provided for in Section 20-7-410, the law enforcement officer also shall
notify the principal of the school in which the child is enrolled of the nature
of the offense. This information may be used by the principal for
monitoring and supervisory purposes but otherwise must be kept
confidential by the principal in the same manner required by Section
20-7-780."
Local government to pay cost of juvenile detention
SECTION 70. Section 20-7-3230(4) of the 1976 Code, as last amended by
Act 173 of 1993, is further amended to read:
"(4) providing juvenile detention services for juveniles charged
with having committed a criminal offense who are found, after a detention
screening or detention hearing, to require detention or placement outside
the home pending an adjudication of delinquency or dispositional hearing.
Detention services provided by the department for the benefit of the
counties of this State must include secure juvenile detention centers. The
size and capacity of the juvenile detention facilities needed must be
determined by the department after its consideration and review of
American Correctional Association standards for the design, construction,
and operation of juvenile detention facilities. These recognized national
standards must be met or exceeded by the department in determining the
size and capacity of the juvenile detention centers and in planning for the
construction and operation of the facilities. The department shall determine
and announce the anticipated maximum operational capacity of each
facility and shall contact each county governmental body in this State for
the purpose of determining which counties anticipate utilizing these
facilities upon each facility becoming operational. The department shall
inform each county governmental body of the existing state and federal
laws regarding the confinement of juveniles charged with committing
criminal offenses, of each county's ability to develop its own facility or to
contract with other counties for the development of a regional facility, and
of the availability of the department's facilities. This notice must be
provided to each county for the purpose of determining which county
governmental bodies desire to enter into an intergovernmental agreement
with the department for the detention of juveniles from their particular
county who are charged with committing a criminal offense for which
pretrial detention is both authorized and appropriate. No later than
September 1, 1993, the department shall report to the Budget and Control
Board on the strategy of each county to comply with Sections 20-7-600 and
20-7-605. The department must include with its report a plan for the
construction and the operation of those facilities which are projected to be
necessary for the preadjudicatory detention of juveniles in this State. No
later than September first of each subsequent year, the department shall
report to the board on the status of all preadjudicatory juvenile detention
facilities known to be operational or planned, regardless of ownership or
management. The board then will coordinate with all responsible and
affected agencies and entities to ensure that adequate funding is identified
to prevent the detention or incarceration of juveniles in adult jails anywhere
within the State of South Carolina. Upon completion of each facility and
upon the determination by the Jail and Prison Inspection Division of the
Department of Corrections that each facility is staffed in accordance with
relevant standards and can be operated in accordance with these standards,
the division shall determine and announce the rated capacity of each
facility. A facility operated by the Department of Juvenile Justice for the
preadjudicatory detention of juveniles must be maintained and continued in
operation for that purpose until approved for conversion or closure by the
Budget and Control Board. However, a county which decides to maintain
its own approved facilities or which has entered into a regional
intergovernmental agreement, which has provided secure facilities for
preadjudicatory juveniles, and which meets the standards set forth above,
may continue to operate these facilities. County and regionally operated
facilities are subject to inspection by the Jail and Prison Inspection Division
of the Department of Corrections for compliance with the standards set
forth above and those created pursuant to Section 24-9-20. The division
has the same enforcement authority over county and regionally operated
secure juvenile detention facilities as that which is provided in Section
24-9-30. A juvenile ordered detained in a facility must be screened within
twenty-four hours by a social worker or, if considered appropriate, by a
psychologist, in order to determine whether the juvenile is emotionally
disturbed, mentally ill, or otherwise in need of services. The services must
be provided immediately. In Department of Juvenile Justice operated
facilities, the department shall determine an amount of per diem for each
child detained in a center, which must be paid by the governing body of the
law enforcement agency having original jurisdiction where the offense
occurred. The per diem paid by the governing body of the law enforcement
agency having original jurisdiction where the offense occurred must be
based on the average operating cost among all preadjudicatory state
facilities. The Department of Juvenile Justice must assume one-third of the
per diem cost and the governing body of the law enforcement agency
having original jurisdiction where the offense occurred must assume
two-thirds of the cost. Per diem funds received by the department must be
placed in a separate account by the department for operation of all
preadjudicatory state facilities. Transportation of the juvenile to and from a
facility is the responsibility of the law enforcement agency having
jurisdiction where the offense was committed. Transportation of juveniles
between department facilities, if necessary, is the responsibility of the
department."
Classification of deletion of a repeal, appointing process
revised
SECTION 71. (A) The provisions in the 1994-95 General Appropriations
Act which delete the repeal of certain provisions of law relating to the
Sentencing Guidelines Commission, including Section 24-26-10, are
deemed by the General Assembly to only delete the repeal of these
provisions. The General Assembly stipulates that the amendment to
Section 24-26-10 of the 1976 Code herein contained shall be incorporated
into Section 24-26-10 as reinstated by the provisions of the 1994-95
General Appropriations Act and to the extent that the provisions of this
section conflict with any provisions of the 1994-95 General Appropriations
Act, the provisions of this section shall control.
(B) Section 24-26-10(A)(4) of the 1976 Code is amended to read:
"(4) three members of the House designated by the chairman of
the House Judiciary Committee;"
Inspection of local confinement facilities
SECTION 72. Section 24-9-20 of the 1976 Code, as last amended by
Section 434, Act 181 of 1993, is further amended to read:
"Section 24-9-20. The division shall be responsible for
inspecting, in conjunction with a representative of the State Fire Marshal, at
least annually every facility in this State housing prisoners or pretrial
detainees operated by or for a state agency, county, municipality, or any
other political subdivision, and such inspections shall include all phases of
operation, fire safety, and health and sanitation conditions at the respective
facilities. Food service operations of the facilities must be inspected at
least annually by an employee of the Department of Health and
Environmental Control. The inspections of local confinement facilities
shall be based on standards established by the South Carolina Association
of Counties and adopted by the Department of Corrections, and appropriate
fire and health codes and regulations. The division, the inspecting fire
marshal, and the food service inspector of the Department of Health and
Environmental Control shall each prepare a written report on the conditions
of the inspected facility. Copies of the reports shall be filed with the
governing body of the political subdivision having jurisdiction of the
facility inspected, the governing body of each political subdivision
involved in a multi-jurisdictional facility, the State Fire Marshal with
respect to the fire safety inspection, the Department of Health and
Environmental Control with respect to the food service inspection, and the
county legislative delegation in which such facility is located. All reports
shall be filed through the Director of the Department of
Corrections."
Inspection of local confinement facility
SECTION 73. Section 24-9-30 of the 1976 Code, as last amended by
Section 435, Act 181 of 1993, is further amended to read:
"Section 24-9-30. (a) If an inspection under this chapter
discloses that a local confinement facility does not meet the minimum
standards established by the South Carolina Association of Counties and
adopted by the Department of Corrections, and the appropriate fire and
health codes and regulations, the Director of the South Carolina
Department of Corrections shall notify the governing body of the political
subdivision responsible for the local confinement facility. A copy of the
written reports of the inspections required by this chapter shall also be sent
to the resident or presiding judge of the judicial circuit in which the facility
is located. The governing body shall promptly meet to consider the
inspection reports, and the inspection personnel shall appear, if requested,
to advise and consult concerning appropriate corrective action. The
governing body shall initiate appropriate corrective action within ninety
days or may voluntarily close the local confinement facility or
objectionable portion thereof.
(b) If the governing body fails to initiate corrective action within ninety
days after receipt of the reports of the inspections, or fails to correct the
disclosed conditions, the Director of the South Carolina Department of
Corrections may order that the local confinement facility, or objectionable
portion thereof, be closed at such time as the order may designate.
However, if the director determines that the public interest is served by
permitting the facility to remain open, he may stipulate actions to avoid or
delay closing the facility. The governing body and the resident or presiding
judge of the judicial circuit shall be notified by registered mail of the
director's order closing a local confinement facility.
(c) The governing body shall have the right to appeal the director's
order to the resident or presiding judge of the circuit in which the facility is
located. Notice of the intention to appeal shall be given by registered mail
to the Director of the South Carolina Department of Corrections and to the
resident or presiding judge within fifteen days after receipt of the director's
order. The right of appeal shall be deemed waived if notice is not given as
herein provided.
(d) The appeal shall be heard before the resident or presiding judge of
the circuit who shall give reasonable notice of the date, time, and place of
the hearing to the Director of the South Carolina Department of Corrections
and the governing body concerned. The hearing shall be conducted
without a jury in accordance with the rules and procedures of the Circuit
Court. The Department of Corrections, the governing body concerned,
other responsible local officials, and fire and health inspection personnel
shall have a right to be present at the hearing and present evidence which
the court deems appropriate to determine whether the local confinement
facility met the required minimum standards and appropriate fire and health
codes and regulations on the date of the last inspection. The court may
affirm, reverse, or modify the director's order."
Sections repealed
SECTION 74. Subsection (C), Section 1617, Act 181 of 1993, is amended
to read:
"(C) Chapter 5 of Title 13 and Sections 27-2-80, 27-2-90,
27-2-100, 44-1-10, 44-1-60, 48-9-210, 48-9-240, and 48-9-250 of the 1976
Code are repealed effective July 1, 1994."
Status offenses include contempt of court
SECTION 75. Section 20-7-2205, as last amended by Acts 131 and 181 of
1993, of the 1976 Code is further amended to read:
"Section 20-7-2205. A child who is guilty of a violation of law or
other misconduct which would not be a criminal offense if committed by an
adult, including a child who has been found in contempt of court for
violation of a court order related to the violation or misconduct or a child
who violates the conditions of probation for an offense, must not be
committed to the custody of a correctional institution operated by the
Department of Juvenile Justice or to secure evaluation centers operated by
the department."
PART V
Effective Dates
Time effective
SECTION 76. The provisions of Parts I, III, and SECTIONS 63, 64, 65,
69, 70, 71, 72, 73, and 75 of Part IV of this act take effect upon approval by
the Governor.
Time effective
SECTION 77. The provisions of Part II and SECTIONS 66, 67, 68 of Part
IV of this act take effect July 1, 1995.
Time effective
SECTION 78. The provisions of SECTION 74 of Part IV take effect July
1, 1994.
Became law without the signature of the Governor -- 1/12/95. | 
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