H*3096 Session 111 (1995-1996)
H*3096(Rat #0136, Act #0083 of 1995) General Bill, By P.H. Thomas, Allison,
J.M. Baxley, J.L.M. Cromer, L.L. Elliott, Gamble, Harrison, Kelley,
W.D. Keyserling, Law, C.V. Marchbanks, Meacham, Phillips, Richardson, Robinson,
J.S. Shissias, Simrill, D. Smith, Spearman, Stille, Stuart, Tripp, J.W. Tucker,
Vaughn, Walker, C.C. Wells and Wilder
Similar(H 4401)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
24-13-100 so as to define "no parole offense"; by adding Section 24-13-125 so
as to provide the conditions a prisoner must meet to become eligible for work
release; by adding Section 24-13-150 so as to provide the conditions a
prisoner must meet to become eligible for early release, discharge, or
community supervision; by adding Section 24-13-175 so as to provide that
sentences imposed and time served must be computed based upon a three hundred
and sixty-five day year; by adding Section 24-21-560 so as to provide that
certain prisoners must complete a community supervision program operated by
the Department of Probation, Parole and Pardon Services before their release
from the criminal justice system, and to require certain individuals to be
notified by the Department when a prisoner is released to community
supervision.-amended short title
12/14/94 House Prefiled
12/14/94 House Referred to Committee on Judiciary
01/10/95 House Introduced and read first time HJ-36
01/10/95 House Referred to Committee on Judiciary HJ-36
01/26/95 House Committee report: Favorable Judiciary HJ-4
02/01/95 House Read second time HJ-27
02/02/95 House Read third time and sent to Senate HJ-31
02/07/95 Senate Introduced and read first time SJ-18
02/07/95 Senate Referred to Committee on Judiciary SJ-18
04/26/95 Senate Committee report: Favorable with amendment
Judiciary SJ-13
05/09/95 Senate Amended SJ-11
05/09/95 Senate Read second time SJ-11
05/09/95 Senate Ordered to third reading with notice of
amendments SJ-11
05/10/95 Senate Special order SJ-63
05/17/95 Senate Debate interrupted SJ-41
05/18/95 Senate Amended SJ-65
05/18/95 Senate Read third time and returned to House with
amendments SJ-65
05/23/95 House Non-concurrence in Senate amendment HJ-121
05/23/95 Senate Senate insists upon amendment and conference
committee appointed Sens. Moore, Courson, and
Holland SJ-117
05/23/95 House Conference committee appointed Martin, Harrison &
Limbaugh HJ-159
05/30/95 House Free conference powers granted
05/30/95 House Free conference committee appointed Reps. Martin,
Harrison & Limbaugh
05/30/95 House Free conference report received and adopted
05/30/95 Senate Free conference powers granted SJ-44
05/30/95 Senate Free conference committee appointed Sens. Moore,
Courson, Holland SJ-44
05/31/95 Senate Free conference report received and adopted SJ-14
05/31/95 House Ordered enrolled for ratification HJ-107
06/06/95 Ratified R 136
06/07/95 Signed By Governor
06/07/95 Effective date 01/01/96
06/07/95 See act for exception to or explanation of
effective date
08/10/95 Copies available
08/10/95 Act No. 83
(A83, R136, H3096)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 24-13-100 SO AS TO
DEFINE "NO PAROLE OFFENSE"; BY ADDING
SECTION 24-13-125 SO AS TO PROVIDE THE CONDITIONS A
PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK
RELEASE; BY ADDING SECTION 24-13-150 SO AS TO PROVIDE
THE CONDITIONS A PRISONER MUST MEET TO BECOME
ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY
SUPERVISION; BY ADDING SECTION 24-13-175 SO AS TO
PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED
MUST BE COMPUTED BASED UPON A THREE HUNDRED AND
SIXTY-FIVE DAY YEAR; BY ADDING SECTION 24-21-560 SO AS
TO PROVIDE THAT CERTAIN PRISONERS MUST COMPLETE A
COMMUNITY SUPERVISION PROGRAM OPERATED BY THE
DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL
JUSTICE SYSTEM, AND TO REQUIRE CERTAIN INDIVIDUALS
TO BE NOTIFIED BY THE DEPARTMENT WHEN A PRISONER IS
RELEASED TO COMMUNITY SUPERVISION; TO AMEND
SECTIONS 1-30-10 AND 1-30-85, AS AMENDED, RELATING TO
DEPARTMENTS RESTRUCTURED WITHIN THE EXECUTIVE
BRANCH OF STATE GOVERNMENT, SO AS TO SUBSTITUTE
DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES FOR DEPARTMENT OF PROBATION, PARDON AND
PAROLE; PAYMENT FROM THE VICTIM COMPENSATION FUND,
SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION,
PAROLE, AND PARDON SERVICES" FOR
"DEPARTMENT OF PAROLE AND COMMUNITY
SERVICES", TO PERMIT PAYMENT OF DEBT TO THE
STATE A CONDITION OF COMMUNITY SUPERVISION, TO
SUBSTITUTE "STATE OFFICE OF VICTIM
ASSISTANCE" FOR "VICTIM'S COMPENSATION
FUND", AND TO REVISE THE AGENCIES WHOSE VICTIM
RESTITUTION PROGRAMS ARE COORDINATED BY THE STATE
OFFICE OF VICTIM ASSISTANCE; TO AMEND SECTION
16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF
VICTIMS AND WITNESSES, SO AS TO ALLOW THE
DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF
PROBATION, PAROLE, AND PARDON SERVICES TO DISCLOSE
BETWEEN THE TWO DEPARTMENTS INFORMATION PROVIDED
TO VICTIMS AND WITNESSES AND TO ELIMINATE
RESTITUTION AS A CONDITION OF PAROLE; TO AMEND
SECTION 15-3-1550, AS AMENDED, RELATING TO THE VICTIM
IMPACT STATEMENT, SO AS TO REQUIRE THE SOLICITOR TO
PROVIDE A COPY OF THE IMPACT STATEMENT TO THE
DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES UNDER CERTAIN CIRCUMSTANCES, AND TO
SUBSTITUTE "PROBATION, PAROLE, AND PARDON
SERVICES BOARD" FOR "PAROLE AND COMMUNITY
CORRECTIONS BOARD"; TO AMEND SECTION 16-11-311,
RELATING TO BURGLARY IN THE FIRST DEGREE, SO AS TO
DEFINE "LIFE" AND TO ELIMINATE PAROLE FOR
THE COMMISSION OF THE CRIME; TO AMEND SECTION
17-25-45, RELATING TO A SOLICITOR'S DISCRETION TO
INVOKE A LIFE SENTENCE UNDER CERTAIN CIRCUMSTANCES,
SO AS TO PROVIDE A PERSON MUST BE SENTENCED TO LIFE
IMPRISONMENT UPON CONVICTION OF CERTAIN CRIMES OR A
COMBINATION OF CERTAIN CRIMES, TO PROVIDE
DEFINITIONS OF CERTAIN OFFENSES WHOSE PUNISHMENT IS
LIFE IMPRISONMENT , TO DEFINE "CONVICTION", TO
DENY EARLY RELEASE TO CERTAIN PRISONERS, TO PROVIDE
CONDITIONS FOR PAROLE, TO PROVIDE A DEFINITION FOR
"PRIOR CONVICTION", TO PROVIDE THAT CERTAIN
PROVISIONS IN THIS SECTION ARE MANDATORY, AND TO
REQUIRE THE SOLICITOR TO GIVE NOTICE OF HIS DECISION
TO INVOKE SENTENCING UNDER THIS PROVISION BEFORE
TRIAL; TO AMEND SECTION 20-7-2205, AS AMENDED,
RELATING TO CERTAIN JUVENILE OFFENDERS WHO MAY NOT
BE COMMITTED TO CERTAIN CORRECTIONAL INSTITUTIONS,
SO AS TO PERMIT CERTAIN JUVENILES TO BE PLACED IN
THESE FACILITIES UNDER CERTAIN CIRCUMSTANCES AND TO
PROVIDE THAT A JUVENILE COMMITTED UNDER THIS
PROVISION MAY NOT BE CONFINED WITH CERTAIN
JUVENILES; TO AMEND SECTION 20-7-2170, AS AMENDED,
RELATING TO COMMITMENT OF A CHILD TO THE
DEPARTMENT OF JUVENILE JUSTICE AND HIS TRANSFER TO
THE DEPARTMENT OF CORRECTIONS UNDER CERTAIN
CIRCUMSTANCES, SO AS TO REVISE THE CIRCUMSTANCES
UPON WHICH A JUVENILE MUST BE TRANSFERRED TO THE
DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 22-3-550,
AS AMENDED, RELATING TO MAGISTRATES' JURISDICTION
OVER MINOR OFFENSES, SO AS TO REVISE MAGISTRATES'
AUTHORITY AND CLARIFY THEIR DUTIES; TO AMEND
SECTION 22-5-910, RELATING TO EXPUNGEMENT OF CRIMINAL
RECORDS, SO AS TO REVISE THE OFFENSES TO WHICH THE
SECTION DOES NOT APPLY; TO AMEND SECTION 24-3-20, AS
AMENDED, RELATING TO CUSTODY, CONFINEMENT, AND
PROGRAMS FOR CONVICTED PERSONS, SO AS TO REVISE
OBSOLETE REFERENCES, CLARIFY A COURT'S SENTENCING
AUTHORITY, AND PROVIDE FOR WORK RELEASE; TO AMEND
SECTION 24-3-410, AS AMENDED, RELATING TO THE
PROHIBITION ON THE SALE OF PRODUCTS PRODUCED BY
INMATES, SO AS TO REVISE THE PRODUCTS EXEMPTED FROM
THE SECTION; TO AMEND SECTION 24-3-530, AS AMENDED,
RELATING TO CAPITAL PUNISHMENT, SO AS TO PROVIDE FOR
LETHAL INJECTION; TO AMEND SECTION 24-13-210, AS
AMENDED, RELATING TO CREDITS FOR GOOD BEHAVIOR, SO
AS TO PROVIDE FOR CREDITS FOR PERSONS CONVICTED OF
"NO PAROLE OFFENSES" AND FOR PERSONS NOT
ENTITLED TO CREDITS AND REVISE PROVISIONS FOR
FORFEITURE OF CREDITS; TO AMEND SECTION 24-13-220,
RELATING TO TIME OFF FOR GOOD BEHAVIOR FOR
COMMUTED OR SUSPENDED SENTENCES, SO AS TO PROVIDE
CREDITS FOR SUSPENDED SENTENCES; TO AMEND SECTION
24-13-230, AS AMENDED, RELATING TO REDUCTION OF
SENTENCES FOR PROGRAM PARTICIPATION, SO AS TO
PROVIDE REDUCTIONS FOR PERSONS CONVICTED OF "NO
PAROLE OFFENSES" AND PROVIDE FOR PERSONS NOT
ENTITLED TO REDUCTIONS; TO AMEND SECTION 24-13-610,
RELATING TO EXTENDED WORK RELEASE PROGRAMS, SO AS
TO PROVIDE FOR THE SECTION NOT TO APPLY TO PERSONS
CONVICTED OF "NO PAROLE OFFENSES"; TO AMEND
SECTION 24-13-650, AS AMENDED, RELATING TO THE
PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO
THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO
AS TO CLARIFY THE REFERENCE TO VIOLENT OFFENSES AND
INCLUDE PERSONS CONVICTED OF "NO PAROLE
OFFENSES"; TO AMEND SECTION 24-13-710, AS AMENDED,
RELATING TO IMPLEMENTATION OF THE SUPERVISED
FURLOUGH PROGRAM, SO AS TO EXCLUDE FROM THE
PROGRAM INMATES WHO HAVE COMMITTED A "NO
PAROLE OFFENSE" AS DEFINED IN SECTION 24-13-100; TO
AMEND SECTION 24-13-720, AS AMENDED, RELATING TO
INMATES WHO MAY BE PLACED WITH THE SUPERVISED
FURLOUGH PROGRAM, SO AS TO ALLOW INMATES WHO HAVE
NOT BEEN CONVICTED OF A "NO PAROLE OFFENSE"
TO BE PLACED IN THE PROGRAM; TO AMEND SECTION
24-13-1310, AS AMENDED, RELATING TO THE SHOCK
INCARCERATION PROGRAM AND DEFINITIONS, SO AS TO
DELETE CERTAIN LANGUAGE AND PROVISIONS, AND
PROVIDE, AMONG OTHER THINGS, THAT "SHOCK
INCARCERATION PROGRAM" MEANS A PROGRAM
PURSUANT TO WHICH ELIGIBLE INMATES ARE ORDERED BY
THE COURT TO PARTICIPATE; TO AMEND SECTION 24-13-1320,
AS AMENDED, RELATING TO THE SHOCK INCARCERATION
PROGRAM, REGULATIONS, SELECTION COMMITTEE, AND
REPORTS, SO AS TO DELETE THE PROVISION THAT, FOR EACH
RECEPTION CENTER, THE DIRECTOR SHALL APPOINT OR
CAUSE TO BE APPOINTED A SHOCK INCARCERATION
SELECTION COMMITTEE; TO AMEND SECTION 24-13-1330, AS
AMENDED, RELATING TO THE APPLICATION OF AN INMATE
TO PARTICIPATE IN THE SHOCK INCARCERATION PROGRAM,
SO AS TO DELETE CERTAIN PROVISIONS, AND PROVIDE,
AMONG OTHER THINGS, THAT A COURT MAY ORDER THAT
AN "ELIGIBLE INMATE" BE SENTENCED TO THE
PROGRAM; TO AMEND SECTION 24-13-1590, AS AMENDED,
RELATING TO THE HOME DETENTION ACT AND THE
INAPPLICABILITY OF THE ACT TO CERTAIN CONTROLLED
SUBSTANCE OFFENDERS, SO AS TO PROVIDE THAT NOTHING
IN THE ACT DIMINISHES THE REGULATION OR IMPOSITION OF
CONDITIONS FOR COMMUNITY SUPERVISION; TO AMEND
SECTION 24-19-160, AS AMENDED, RELATING TO THE
CORRECTION AND TREATMENT OF YOUTHFUL OFFENDERS,
THE POWERS OF THE COURTS, AND THE JURISDICTION OF
THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES, SO AS TO, AMONG OTHER THINGS, REFERENCE
"COMMUNITY SUPERVISION"; TO AMEND SECTION
24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF
THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES, SO AS TO MAKE CERTAIN LANGUAGE AND STYLE
CHANGES; TO AMEND SECTION 24-21-13, AS AMENDED,
RELATING TO THE OVERSIGHT OF THE DEPARTMENT OF
PROBATION, PAROLE, AND PARDON SERVICES BY THE
DEPARTMENT'S DIRECTOR, SO AS TO PROVIDE, AMONG
OTHER THINGS, THAT NO INMATE OR FUTURE INMATE SHALL
HAVE A "LIBERTY INTEREST" OR AN
"EXPECTANCY OF RELEASE" WHILE IN A
COMMUNITY SUPERVISION PROGRAM ADMINISTERED BY THE
DEPARTMENT; TO AMEND SECTION 24-21-30, RELATING TO
MEETINGS OF THE BOARD OF PROBATION, PAROLE, AND
PARDON SERVICES AND PAROLE, AND PARDON PANELS, SO
AS TO, AMONG OTHER THINGS, PROVIDE THAT A PERSON
WHO COMMITS A "NO PAROLE OFFENSE" AS
DEFINED IN SECTION 24-13-100 ON OR AFTER THE EFFECTIVE
DATE OF THIS SECTION IS NOT ELIGIBLE FOR PAROLE
CONSIDERATION BUT MUST COMPLETE A COMMUNITY
SUPERVISION PROGRAM AS SET FORTH IN SECTION 24-21-560
BEFORE DISCHARGE FROM THE SENTENCE IMPOSED BY THE
COURT; TO AMEND SECTION 24-21-50, RELATING TO
HEARINGS BEFORE THE BOARD OF PROBATION, PAROLE, AND
PARDON SERVICES, SO AS NOT TO ALLOW AN INMATE THE
RIGHT OF CONFRONTATION DURING THESE HEARINGS; TO
AMEND SECTION 24-21-60, AS AMENDED, RELATING TO
AGENCIES COOPERATING WITH THE BOARD OF PROBATION,
PAROLE, AND PARDON SERVICES, SO AS TO UPDATE A
REFERENCE; TO AMEND SECTION 24-21-80, AS AMENDED,
RELATING TO SUPERVISION FEES, SO AS TO INCLUDE
COMMUNITY SUPERVISION IN THE PROGRAMS COVERED BY
SUPERVISION FEES AND REVISE THE CONDITIONS FOR AN
EXEMPTION FROM SUCH FEES; TO AMEND SECTION 24-21-220,
AS AMENDED, RELATING TO THE DUTIES OF THE
DEPARTMENTAL DIRECTOR SO AS TO INCLUDE COMMUNITY
SUPERVISION AMONG HIS DUTIES; TO AMEND SECTION
24-21-230, AS AMENDED, RELATING TO AGENTS AND
ASSISTANTS, SO AS TO MAKE GRAMMATICAL CHANGES; TO
AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE
DUTIES OF PROBATION AGENTS, SO AS TO INCLUDE
COMMUNITY SUPERVISION AMONG THEIR DUTIES; TO AMEND
SECTION 24-21-300, RELATING TO VIOLATION CITATIONS OF
PROBATION AGENTS, SO AS TO EXTEND CITATIONS TO
COMMUNITY SUPERVISION, UPDATE REFERENCES, AND
PROVIDE PROOF OF SERVICE; TO AMEND SECTION 24-21-910,
RELATING TO DUTIES OF THE BOARD WITH RESPECT TO THE
DEATH SENTENCE, SO AS TO MAKE GRAMMATICAL
CHANGES; TO AMEND SECTION 24-21-950, RELATING TO
PARDON ELIGIBILITY GUIDELINES, SO AS TO ALLOW A CRIME
VICTIM OR AN OFFENDER'S FAMILY MEMBERS TO PETITION
FOR A PERSON WHO HAS COMPLETED SUPERVISION OR WHO
HAS BEEN DISCHARGED FROM A SENTENCE AND ALLOW
REQUESTS FROM A PERSON DISCHARGED FROM A SENTENCE
WITHOUT SUPERVISION ANY TIME AFTER DISCHARGE; TO
AMEND SECTION 24-23-20, RELATING TO THE CASE
CLASSIFICATION SYSTEM, SO AS TO MAKE GRAMMATICAL
CHANGES; TO AMEND SECTION 24-23-30, RELATING TO THE
COMMUNITY CORRECTIONS PLAN, SO AS TO FURTHER
PROVIDE FOR WHAT THE PLAN MUST INCLUDE; TO AMEND
SECTION 24-23-40, AS AMENDED, RELATING TO THE
COMMUNITY CORRECTIONS PLAN, SO AS TO FURTHER
PROVIDE WHAT THE PLAN MUST PROVIDE FOR; TO AMEND
SECTION 24-23-130, RELATING TO TERMINATING A
PROBATIONER FROM SUPERVISION, SO AS TO REVISE THE
CONDITIONS FOR TERMINATION AND TO WHOM THE SECTION
APPLIES; TO AMEND SECTION 24-23-220, AS AMENDED,
RELATING TO PAYMENTS OF ASSESSMENTS IMPOSED AS A
CONDITION OF SUPERVISION UPON RELEASE FROM PRISON,
SO AS TO FURTHER PROVIDE FOR THE MANNER IN WHICH
SUCH PAYMENTS MUST BE DEPOSITED; TO AMEND SECTION
44-53-445, AS AMENDED, RELATING TO DISTRIBUTION OF
CONTROLLED SUBSTANCES WITH PROXIMITY TO A SCHOOL,
SO AS TO MAKE THIS A SEPARATE CRIMINAL OFFENSE; TO
ADD SECTION 54-7-815 SO AS TO MAKE IT UNLAWFUL TO
EXCAVATE OR SALVAGE CERTAIN SUNKEN WARSHIPS
WHERE IT IS BELIEVED HUMAN REMAINS ARE CONTAINED
AND TO PROVIDE PENALTIES FOR VIOLATION; TO AMEND
SECTION 16-25-70, AS AMENDED, RELATING TO
WARRANTLESS ARRESTS, SO AS TO FURTHER PROVIDE FOR
THESE ARRESTS, TO PROVIDE FOR THE MANNER IN WHICH A
LAW ENFORCEMENT OFFICER SHALL EVALUATE AND MAKE
ARRESTS INVOLVING COMPLAINTS OF DOMESTIC OR FAMILY
VIOLENCE, AND TO PROVIDE FOR CERTAIN IMMUNITY FROM
LIABILITY FOR LAW ENFORCEMENT OFFICERS ACTING
UNDER THIS SECTION; TO CREATE A COMMITTEE TO STUDY
MANDATORY MINIMUM SENTENCES, ALTERNATIVE
SENTENCES, AND ANTI-RECIDIVISM METHODS FOR CERTAIN
NONVIOLENT OFFENDERS; AND TO REPEAL SECTIONS 16-3-27
RELATING TO THE EXECUTION OF PREGNANT FEMALES
UNDER CERTAIN CONDITIONS, 24-1-200 RELATING TO
INQUIRIES INTO SENTENCES, 24-3-10 RELATING TO THE
PENITENTIARY AT COLUMBIA BEING THE GENERAL PRISON
OF THE STATE, 24-13-370 RELATING TO PREMATURE RELEASE
OF PRISONERS, AND 24-13-1340 RELATING TO
COURT-ORDERED EVALUATIONS OF DEFENDANTS FOR
CERTAIN PURPOSES.
Be it enacted by the General Assembly of the State of South
Carolina:
No parole offenses
SECTION 1. The 1976 Code is amended by adding:
"Section 24-13-100. For purposes of definition under South
Carolina law, a `no parole offense' means a class A, B, or C felony or an
offense exempt from classification as enumerated in Section 16-1-10(d),
which is punishable by a maximum term of imprisonment for twenty
years or more."
Work release
SECTION 2. The 1976 Code is amended by adding:
"Section 24-13-125. (A) Notwithstanding any other provision of
law, except in a case in which the death penalty or a term of life
imprisonment is imposed, a prisoner convicted of a `no parole offense',
as defined in Section 24-13-100, and sentenced to the custody of the
Department of Corrections, including a prisoner serving time in a local
facility pursuant to a designated facility agreement authorized by Section
24-3-20, is not eligible for work release until the prisoner has served not
less than eighty percent of the actual term of imprisonment imposed.
This percentage must be calculated without the application of earned
work credits, education credits, or good conduct credits, and is to be
applied to the actual term of imprisonment imposed, not including any
portion of the sentence which has been suspended. Nothing in this
section may be construed to allow a prisoner convicted of murder or a
prisoner prohibited from participating in work release by another
provision of law to be eligible for work release.
(B) If a prisoner confined in a facility of the department commits an
offense or violates one of the rules of the institution during his term of
imprisonment, all or part of the credit he has earned may be forfeited in
the discretion of the Director of the Department of Corrections. If a
prisoner confined in a local correctional facility pursuant to a designated
facility agreement commits an offense or violates one of the rules of the
institution during his term of imprisonment, all or part of the credit he
has earned may be forfeited in the discretion of the local official having
charge of the prisoner. The decision to withhold credits is solely the
responsibility of officials named in this subsection."
Early release, discharge, and community supervision
SECTION 3. The 1976 Code is amended by adding:
"Section 24-13-150. (A) Notwithstanding any other provision of
law, except in a case in which the death penalty or a term of life
imprisonment is imposed, a prisoner convicted of a `no parole offense' as
defined in Section 24-13-100 and sentenced to the custody of the
Department of Corrections, including a prisoner serving time in a local
facility pursuant to a designated facility agreement authorized by Section
24-3-20, is not eligible for early release, discharge, or community
supervision as provided in Section 24-21-560, until the prisoner has
served at least eighty-five percent of the actual term of imprisonment
imposed. This percentage must be calculated without the application of
earned work credits, education credits, or good conduct credits, and is to
be applied to the actual term of imprisonment imposed, not including any
portion of the sentence which has been suspended. Nothing in this
section may be construed to allow a prisoner convicted of murder or a
prisoner prohibited from participating in work release, early release,
discharge, or community supervision by another provision of law to be
eligible for work release, early release, discharge, or community
supervision.
(B) If a prisoner confined in a facility of the department commits an
offense or violates one of the rules of the institution during his term of
imprisonment, all or part of the credit he has earned may be forfeited in
the discretion of the Director of the Department of Corrections. If a
prisoner confined in a local correctional facility pursuant to a designated
facility agreement commits an offense or violates one of the rules of the
institution during his term of imprisonment, all or part of the credit he
has earned may be forfeited in the discretion of the local official having
charge of the prisoner. The decision to withhold credits is solely the
responsibility of officials named in this subsection."
Calculation of sentence imposed and time served
SECTION 4. The 1976 Code is amended by adding:
"Section 24-13-175. Notwithstanding any other provision of
law, sentences imposed and time served must be computed based upon a
three hundred and sixty-five day year."
Community supervision
SECTION 5. The 1976 Code is amended by adding:
"Section 24-21-560. (A) Notwithstanding any other provision of
law, except in a case in which the death penalty or a term of life
imprisonment is imposed, any sentence for a `no parole offense' as
defined in Section 24-13-100 must include any term of incarceration and
completion of a community supervision program operated by the
Department of Probation, Parole, and Pardon Services. No prisoner who
is serving a sentence for a `no parole offense' is eligible to participate in
a community supervision program until he has served the minimum
period of incarceration as set forth in Section 24-13-150. Nothing in this
section may be construed to allow a prisoner convicted of murder or a
prisoner prohibited from early release, discharge, or work release by any
other provision of law to be eligible for early release, discharge, or work
release.
(B) A community supervision program operated by the Department of
Probation, Parole, and Pardon Services must last no more than two
continuous years. The period of time a prisoner is required to participate
in a community supervision program and the individual terms and
conditions of a prisoner's participation shall be at the discretion of the
department based upon guidelines developed by the director. A prisoner
participating in a community supervision program must be supervised by
a probation agent of the department. The department must determine
when a prisoner completes a community supervision program, violates a
term of community supervision, fails to participate in a program
satisfactorily, or whether a prisoner should appear before the court for
revocation of the community supervision program.
(C) If the department determines that a prisoner has violated a term of
the community supervision program and the community supervision
should be revoked, a probation agent must initiate a proceeding in
General Sessions Court. The proceeding must be initiated pursuant to a
warrant or a citation issued by a probation agent setting forth the
violations of the community supervision program. The court shall
determine whether:
(1) the terms of the community supervision program are fair and
reasonable;
(2) the prisoner has complied with the terms of the community
supervision program;
(3) the prisoner should continue in the community supervision
program under the current terms;
(4) the prisoner should continue in the community supervision
program under other terms and conditions as the court considers
appropriate;
(5) the prisoner has wilfully violated a term of the community
supervision program.
If the court determines that a prisoner has wilfully violated a term or
condition of the community supervision program, the court may impose
any other terms or conditions considered appropriate and may continue
the prisoner on community supervision, or the court may revoke the
prisoner's community supervision and impose a sentence of up to one
year for violation of the community supervision program. A prisoner
who is incarcerated for revocation of the community supervision program
is not eligible to earn any type of credits which would reduce the
sentence for violation of the community supervision program.
(D) If a prisoner's community supervision is revoked by the court and
the court imposes a period of incarceration for the revocation, the
prisoner also must complete a community supervision program of up to
two years as determined by the department pursuant to subsection (B)
when he is released from incarceration.
A prisoner who is sentenced for successive revocations of the
community supervision program may be required to serve terms of
incarceration for successive revocations, as provided in Section
24-21-560(C), and may be required to serve additional periods of
community supervision for successive revocations, as provided in Section
24-21-560(D). The maximum aggregate amount of time the prisoner
may be required to serve when sentenced for successive revocations may
not exceed an amount of time equal to the length of incarceration
imposed for the original `no parole offense'. The original term of
incarceration does not include any portion of a suspended sentence.
If a prisoner's community supervision is revoked due to a conviction
for another offense, the prisoner must complete a community supervision
program of up to two continuous years as determined by the department
after the prisoner has completed the service of the sentence for the
community supervision revocation and any other term of imprisonment
which may have been imposed for the criminal offense, except when the
subsequent sentence is death or life imprisonment .
(E) A prisoner who successfully completes a community supervision
program pursuant to this section has satisfied his sentence and must be
discharged from his sentence.
(F) The Department of Corrections must notify the Department of
Probation, Parole, and Pardon Services of the projected release date of
any inmate serving a sentence for a `no parole offense' one hundred
eighty days in advance of his release to community supervision. For an
offender sentenced to one hundred eighty days or less, the Department of
Corrections immediately must notify the Department of Probation, Parole,
and Pardon Services.
(G) Victims registered pursuant to Section 16-3-1530(c) and the
sheriff's office in the county where a prisoner sentenced for a `no parole
offense' is to be released must be notified by the Department of
Probation, Parole, and Pardon Services when the prisoner is released to a
community supervision program."
Name change
SECTION 6. Section 1-30-10(A)15 of the 1976 Code, as added by Act
181 of 1993, is amended to read:
"15. Department of Probation, Parole, and Pardon
Services".
Name change
SECTION 7. Section 1-30-10(F)(2)(iii) of the 1976 Code, as added by
Act 181 of 1993, is amended to read:
"(iii) Department of Probation, Parole, and Pardon Services
created pursuant to Section 1-30-85 by the director of the former
Department of Probation, Pardon and Parole;"
Name change
SECTION 8. Section 1-30-85 of the 1976 Code, as added by Act 181 of
1993, is amended to read:
"Section 1-30-85. Effective on July 1, 1993, the following
agencies, boards, and commissions, including all of the allied, advisory,
affiliated, or related entities as well as the employees, funds, property and
all contractual rights and obligations associated with any such agency,
except for those subdivisions specifically included under another
department, are hereby transferred to and incorporated in and must be
administered as part of the Department of Probation, Parole, and Pardon
Services:
Department of Probation, Pardon and Parole, formerly provided for at
Section 24-21-10, et seq."
Violent crimes revised
SECTION 9. Section 16-1-60 of the 1976 Code, as last amended by Act
7 of 1995, 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(A)); attempted armed robbery (Section
16-11-330(B)); 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); burglary in the second degree
(Section 16-11-312(B)); engaging a child for a sexual performance
(Section 16-3-810); homicide by child abuse (Section 16-3-85(A)(1));
aiding and abetting homicide by child abuse (Section 16-3-85(A)(2));
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."
Death sentence proceeding revised
SECTION 10. Section 16-3-20 of the 1976 Code, as last amended by
Act 488 of 1992, is further amended to read:
"Section 16-3-20. (A) A person who is convicted of or pleads
guilty to murder must be punished by death, by imprisonment for life, or
by a mandatory minimum term of imprisonment for thirty years. If the
State seeks the death penalty and a statutory aggravating circumstance is
found beyond a reasonable doubt pursuant to subsections (B) and (C),
and a recommendation of death is not made, the trial judge must impose
a sentence of life imprisonment . For purposes of this section, ` life
imprisonment ' means until death of the offender. No person sentenced to
life imprisonment pursuant to this section is eligible for parole,
community supervision, or any early release program, nor is the person
eligible to receive any work credits, education credits, good conduct
credits, or any other credits that would reduce the mandatory life
imprisonment required by this section. No person sentenced to a
mandatory minimum term of imprisonment for thirty years pursuant to
this section is eligible for parole or any early release program, nor is the
person eligible to receive any work credits, education credits, good
conduct credits, or any other credits that would reduce the mandatory
minimum term of imprisonment for thirty years required by this section.
Under no circumstances may a female who is pregnant be executed so
long as she is pregnant or for a period of at least nine months after she is
no longer pregnant. When the Governor commutes a sentence of death
to life imprisonment under the provisions of Section 14 of Article IV of
the Constitution of South Carolina, 1895, the commutee is not eligible
for parole, community supervision, or any early release program, nor is
the person eligible to receive any work credits, good conduct credits,
education credits, or any other credits that would reduce the mandatory
imprisonment required by this subsection.
(B) When the State seeks the death penalty, upon conviction or
adjudication of guilt of a defendant of murder, the court shall conduct a
separate sentencing proceeding. In the proceeding, if a statutory
aggravating circumstance is found, the defendant must be sentenced to
either death or life imprisonment . If no statutory aggravating
circumstance is found, the defendant must be sentenced to either life
imprisonment or a mandatory minimum term of imprisonment for thirty
years. The proceeding must be conducted by the trial judge before the
trial jury as soon as practicable after the lapse of twenty-four hours
unless waived by the defendant. If trial by jury has been waived by the
defendant and the State, or if the defendant pleaded guilty, the sentencing
proceeding must be conducted before the judge. In the sentencing
proceeding, the jury or judge shall hear additional evidence in
extenuation, mitigation, or aggravation of the punishment. Only such
evidence in aggravation as the State has informed the defendant in
writing before the trial is admissible. This section must not be construed
to authorize the introduction of any evidence secured in violation of the
Constitution of the United States or the State of South Carolina or the
applicable laws of either. The State, the defendant, and his counsel are
permitted to present arguments for or against the sentence to be imposed.
The defendant and his counsel shall have the closing argument regarding
the sentence to be imposed.
(C) The judge shall consider, or he shall include in his instructions to
the jury for it to consider, mitigating circumstances otherwise authorized
or allowed by law and the following statutory aggravating and mitigating
circumstances which may be supported by the evidence:
(a) Statutory aggravating circumstances:
(1) The murder was committed while in the commission of the
following crimes or acts:
(a) criminal sexual conduct in any degree;
(b) kidnapping;
(c) burglary in any degree;
(d) robbery while armed with a deadly weapon;
(e) larceny with use of a deadly weapon;
(f) killing by poison;
(g) drug trafficking as defined in Section 44-53-370(e),
44-53-375(B), 44-53-440, or 44-53-445;
(h) physical torture; or
(i) dismemberment of a person.
(2) The murder was committed by a person with a prior
conviction for murder.
(3) The offender by his act of murder knowingly created a great
risk of death to more than one person in a public place by means of a
weapon or device which normally would be hazardous to the lives of
more than one person.
(4) The offender committed the murder for himself or another for
the purpose of receiving money or a thing of monetary value.
(5) The murder of a judicial officer, former judicial officer,
solicitor, former solicitor, or other officer of the court during or because
of the exercise of his official duty.
(6) The offender caused or directed another to commit murder or
committed murder as an agent or employee of another person.
(7) The murder of a federal, state, or local law enforcement
officer, peace officer or former peace officer, corrections employee or
former corrections employee, or fireman or former fireman during or
because of the performance of his official duties.
(8) The murder of a family member of an official listed in
subitems (5) and (7) above with the intent to impede or retaliate against
the official. `Family member' means a spouse, parent, brother, sister,
child, or person to whom the official stands in the place of a parent or a
person living in the official's household and related to him by blood or
marriage.
(9) Two or more persons were murdered by the defendant by one
act or pursuant to one scheme or course of conduct.
(10) The murder of a child eleven years of age or under.
(b) Mitigating circumstances:
(1) The defendant has no significant history of prior criminal
conviction involving the use of violence against another person.
(2) The murder was committed while the defendant was under the
influence of mental or emotional disturbance.
(3) The victim was a participant in the defendant's conduct or
consented to the act.
(4) The defendant was an accomplice in the murder committed by
another person and his participation was relatively minor.
(5) The defendant acted under duress or under the domination of
another person.
(6) The capacity of the defendant to appreciate the criminality of
his conduct or to conform his conduct to the requirements of law was
substantially impaired.
(7) The age or mentality of the defendant at the time of the
crime.
(8) The defendant was provoked by the victim into committing the
murder.
(9) The defendant was below the age of eighteen at the time of the
crime.
(10) The defendant had mental retardation at the time of the crime.
`Mental retardation' means significantly subaverage general intellectual
functioning existing concurrently with deficits in adaptive behavior and
manifested during the developmental period.
The statutory instructions as to statutory aggravating and mitigating
circumstances must be given in charge and in writing to the jury for its
deliberation. The jury, if its verdict is a recommendation of death, shall
designate in writing, and signed by all members of the jury, the statutory
aggravating circumstance or circumstances which it found beyond a
reasonable doubt. The jury, if it does not recommend death, after finding
a statutory aggravating circumstance or circumstances beyond a
reasonable doubt, shall designate in writing, and signed by all members
of the jury, the statutory aggravating circumstance or circumstances it
found beyond a reasonable doubt. In nonjury cases the judge shall make
the designation of the statutory aggravating circumstance or
circumstances. Unless at least one of the statutory aggravating
circumstances enumerated in this section is found, the death penalty must
not be imposed.
Where a statutory aggravating circumstance is found and a
recommendation of death is made, the trial judge shall sentence the
defendant to death. The trial judge, before imposing the death penalty,
shall find as an affirmative fact that the death penalty was warranted
under the evidence of the case and was not a result of prejudice, passion,
or any other arbitrary factor. Where a statutory aggravating circumstance
is found and a sentence of death is not recommended by the jury, the
trial judge shall sentence the defendant to life imprisonment as provided
in subsection (A). Before dismissing the jury, the trial judge shall
question the jury as to whether or not it found a statutory aggravating
circumstance or circumstances beyond a reasonable doubt. If the jury
does not unanimously find any statutory aggravating circumstances or
circumstances beyond a reasonable doubt, it shall not make a sentencing
recommendation. Where a statutory aggravating circumstance is not
found, the trial judge shall sentence the defendant to either life
imprisonment or a mandatory minimum term of imprisonment for thirty
years. No person sentenced to life imprisonment or a mandatory
minimum term of imprisonment for thirty years under this section is
eligible for parole or to receive any work credits, good conduct credits,
education credits, or any other credits that would reduce the sentence
required by this section. If the jury has found a statutory aggravating
circumstance or circumstances beyond a reasonable doubt, the jury shall
designate this finding, in writing, signed by all the members of the jury.
The jury shall not recommend the death penalty if the vote for such
penalty is not unanimous as provided. If members of the jury after a
reasonable deliberation cannot agree on a recommendation as to whether
or not the death sentence should be imposed on a defendant found guilty
of murder, the trial judge shall dismiss such jury and shall sentence the
defendant to life imprisonment as provided in subsection (A).
(D) Notwithstanding the provisions of Section 14-7-1020, in cases
involving capital punishment a person called as a juror must be examined
by the attorney for the defense.
(E) In a criminal action in which a defendant is charged with a crime
which may be punishable by death, a person may not be disqualified,
excused, or excluded from service as a juror by reason of his beliefs or
attitudes against capital punishment unless such beliefs or attitudes would
render him unable to return a verdict according to law."
Resisting arrest, offender age revised; deadly weapon, expanded
definition
SECTION 11. Section 16-3-625 of the 1976 Code is amended to
read:
"Section 16-3-625. A person who resists the lawful efforts of a
law enforcement officer to arrest him or another person with the use or
threat of use of a deadly weapon against the officer, and the person is in
possession or claims to be in possession of a deadly weapon, is guilty of
a felony and, upon conviction, must be punished by imprisonment for not
more than ten nor less than two years. No sentence imposed hereunder
for a first offense shall be suspended to less than six months nor shall the
persons so sentenced be eligible for parole until after service of six
months. No person sentenced under this section for a second or
subsequent offense shall have the sentence suspended to less than two
years nor shall the person be eligible for parole until after service of two
years.
As used in this section `deadly weapon' means any instrument which
can be used to inflict deadly force.
This section does not affect or replace the common law crime of
assault and battery with intent to kill nor does it apply if the sentencing
judge, in his discretion, elects to sentence an eligible defendant under the
provisions of the `Youthful Offenders Act'."
Crime Victim's Fund, monetary ceiling increased
SECTION 12. Section 16-3-1180(C) of the 1976 Code is amended to
read:
"(C) The aggregate of award to and on behalf of victims may
not exceed ten thousand dollars unless the Crime Victim's Advisory
Board, by two-thirds vote, and the director concur that extraordinary
circumstances exist. In such case, the award may not exceed twenty-five
thousand dollars."
Name change; conditions for community supervision revised;
director's duties revised
SECTION 13. Section 16-3-1260 of the 1976 Code is amended to
read:
"Section 16-3-1260. (1) A payment of benefits to, or on behalf
of, a victim or intervenor, or eligible family member under this article
creates a debt due and owing to the State by a person as determined by a
court of competent jurisdiction of this State, who has committed the
criminal act.
(2) The Circuit Court, when placing on probation a person who owes
a debt to the State as a consequence of a criminal act, may set as a
condition of probation the payment of the debt or a portion of the debt to
the State. The court also may set the schedule or amounts of payments
subject to modification based on change of circumstances.
(3) The Department of Probation, Parole, and Pardon Services shall
also have the right to make payment of the debt or a portion of the debt
to the State a condition of parole or community supervision.
(4) When a juvenile is adjudicated delinquent in a Family Court
proceeding involving a crime upon which a claim under this article can
be made, the Family Court, in its discretion, may order that the juvenile
pay the debt to the State Office of Victim Assistance, as created by this
article, as an adult would have to pay had an adult committed the crime.
Any assessments ordered may be made a condition of probation as
provided in Section 20-7-1330.
(5) Payments authorized or required under this section must be paid
to the State Office of Victim Assistance. The Director of the State
Office of Victim Assistance shall coordinate the development of policies
and procedures for the South Carolina Department of Corrections, the
Department of Juvenile Justice, the South Carolina Office of Court
Administration, the Department of Probation, Parole, and Pardon
Services, and the South Carolina Board of Probation, Parole, and Pardon
Services to assure that victim restitution programs are administered in an
effective manner to increase payments into the State Office of Victim
Assistance.
(6) Restitution payments to the State Office of Victim Assistance may
be made by the Department of Corrections from wages accumulated by
offenders in its custody who are subject to this article, except that
offenders' wages must not be used for this purpose if monthly wages are
at or below minimums required to purchase basic necessities."
Information shared
SECTION 14. The first paragraph of Section 16-3-1530(C) of the 1976
Code, as last amended by Act 68 of 1991, is further amended to read:
"A victim or witness who wishes to receive notification and
information shall provide the solicitor, the Department of Corrections,
and the Department of Probation, Parole, and Pardon Services his current
address and telephone number. This information, as it is contained in
Department of Corrections and Department of Probation, Parole, and
Pardon Services files, is privileged and must not be disclosed directly or
indirectly, except between these two departments, or by order of a court
of competent jurisdiction. The solicitor's office which is prosecuting the
case has the responsibility of the rights in this subsection, except items
(6) and (7) which are the responsibility of the Department of Probation,
Parole, and Pardon Services and the Department of
Corrections."
Restitution eliminated as condition for parole
SECTION 15. Section 16-3-1530(D)(3) of the 1976 Code is amended to
read:
"(3) A victim has the right to receive restitution for expenses
or property loss incurred as the result of the crime. The judge shall order
restitution at every sentencing for a crime against person or property or
as a condition of probation, unless the court finds a substantial and
compelling reason not to order restitution. The court shall diligently,
fairly, and in a timely manner enforce all orders of restitution."
Victim impact statement forwarded; name change
SECTION 16. Section 16-3-1550(B) of the 1976 Code, as last amended
by Act 579 of 1988, is further amended to read:
"(B) It is the responsibility of the solicitor's Victim or Witness
Assistance Unit in each judicial circuit or a representative designated by
the solicitor or law enforcement agency handling the case to advise all
victims of their right to submit to the court, orally or in writing at the
victim's option, a victim impact statement to be considered by the judge
at the sentencing or disposition hearing in General Sessions Court and at
a parole hearing. The solicitor's office or law enforcement agency shall
provide a copy of the written form to any victim who wishes to make a
written report. In cases where the solicitor determines that there has been
extensive or significant impact on the life of the victim, the Victim or
Witness Assistance Unit shall assist the victim in completing the form.
The victim shall submit this statement to the solicitor's office within
appropriate time limits set by the solicitor to be filed in the court records
by the solicitor's office so it may be available to the defense for a
reasonable period of time before sentencing. The court shall allow the
defendant to have the opportunity to rebut the victim's written statement
if the court decides to review any part of the statement before sentencing.
If the defendant is incarcerated, the solicitor shall forward a copy of the
impact statement and copies of all completed Victim/Witness Notification
Requests to the Department of Corrections, the Department of Probation,
Parole, and Pardon Services, and to the Probation, Parole, and Pardon
Services Board. Solicitors shall begin using these victim impact
statements no later than January 1, 1985."
Definition, parole eliminated
SECTION 17. Section 16-11-311 of the 1976 Code is amended to
read:
"Section 16-11-311. (A) A person is guilty of burglary in the
first degree if the person enters a dwelling without consent and with
intent to commit a crime in the dwelling, and either:
(1) when, in effecting entry or while in the dwelling or in immediate
flight, he or another participant in the crime:
(a) is armed with a deadly weapon or explosive; or
(b) causes physical injury to a person who is not a participant in
the crime; or
(c) uses or threatens the use of a dangerous instrument; or
(d) displays what is or appears to be a knife, pistol, revolver, rifle,
shotgun, machine gun, or other firearm; or
(2) the burglary is committed by a person with a prior record of two
or more convictions for burglary or housebreaking or a combination of
both; or
(3) the entering or remaining occurs in the nighttime.
(B) Burglary in the first degree is a felony punishable by life
imprisonment . For purposes of this section, `life' means until death.
The court, in its discretion, may sentence the defendant to a term of not
less than fifteen years."
Convictions that result in a life sentence
SECTION 18. Section 17-25-45 of the 1976 Code is amended to
read:
"Section 17-25-45. (A) Notwithstanding any other provision of
law, except in cases in which the death penalty is imposed, upon a
conviction for a most serious offense as defined by this section, a person
must be sentenced to a term of imprisonment for life without the
possibility of parole if that person has one or more prior convictions
for:
(1) a most serious offense;
(2) a federal or out-of-state conviction for an offense that would be
classified as a most serious offense under this section; or
(3) any combination of the offenses listed in items (1) and (2)
above.
(B) Notwithstanding any other provision of law, except in cases in
which the death penalty is imposed, upon a conviction for a serious
offense as defined by this section, a person must be sentenced to a term
of imprisonment for life without the possibility of parole if that person
has two or more prior convictions for:
(1) a serious offense;
(2) a most serious offense;
(3) a federal or out-of-state offense that would be classified as a
serious offense or most serious offense under this section; or
(4) any combination of the offenses listed in items (1), (2), and (3)
above.
(C) As used in this section:
(1) `Most serious offense' means:
16-1-40 Accessory, for any offense enumerated in this item
16-1-80 Attempt, for any offense enumerated in this item
16-3-10 Murder
16-3-30 Killing by poison
16-3-40 Killing by stabbing or thrusting
16-3-50 Voluntary manslaughter
16-3-85(A)(1) Homicide by child abuse
16-3-85(A)(2) Aiding and abetting homicide by child abuse
16-3-210 Lynching, First degree
16-3-430 Killing in a duel
16-3-620 Assault and battery with intent to kill
16-3-652 Criminal sexual conduct, First degree
16-3-653 Criminal sexual conduct, Second degree
16-3-655 Criminal sexual conduct with minors, except where
evidence is presented at the criminal proceeding and the
court, after the conviction, makes a specific finding on
the record that the conviction obtained for this offense
resulted from consensual sexual conduct where the
victim was younger than the actor, as contained in
Section 16-3-655(3)
16-3-656 Assault with intent to commit criminal sexual conduct,
First and Second degree
16-3-910 Kidnapping
16-3-920 Conspiracy to commit kidnapping
16-11-110(A) Arson, First degree
16-11-311 Burglary, First degree
16-11-330(A) Armed robbery
16-11-330(B) Attempted armed robbery
16-11-540 Damaging or destroying building, vehicle, or other
property by means of explosive incendiary, death
results
25-7-30 Giving information respecting national or state defense
to foreign contacts during war
25-7-40 Gathering information for an enemy
55-1-30(3) Unlawful removing or damaging of airport facility or
equipment when death results
56-5-1030 Interference with traffic-control devices or
(B)(3) railroad signs or signals prohibited when death results
from violation
58-17-4090 Obstruction of railroad, death results.
(2) `Serious offense' means:
(a) any offense which is punishable by a maximum term of
imprisonment for thirty years or more which is not referenced in
subsection (C)(1);
(b) those felonies enumerated as follows:
16-3-220 Lynching, Second degree
16-3-810 Engaging child for sexual performance
16-9-220 Acceptance of bribes by officers
16-9-290 Accepting bribes for purpose of procuring public
office
16-11-312(B) Burglary, Second degree
16-13-210(1) Embezzlement of public funds
16-13-230 Breach of trust with fraudulent intent
(B)(3)
16-13-240(1) Obtaining signature or property by false pretenses
38-55-540(3) Insurance fraud
44-53-370(e) Trafficking in controlled substances
44-53-375(C) Trafficking in ice, crank, or crack cocaine
44-53-445 Distribute, sell, manufacture, or possess
(B)(1) & (2) with intent to distribute controlled substances
within proximity of school
56-5-2945 Causing death by operating vehicle while under
influence of drugs or alcohol; and
(c) the offenses enumerated below:
16-1-40 Accessory before the fact for any of the offenses
listed in subitems (a) and (b)
16-1-80 Attempt to commit any of the offenses listed in
subitems (a) and (b).
(3) `Conviction' means any conviction, guilty plea, or plea of nolo
contendere.
(D) Except as provided in subsection (E), no person sentenced
pursuant to this section shall be eligible for early release or discharge in
any form, whether by parole, work release, release to ameliorate prison
overcrowding, or any other early release program, nor shall they be
eligible for earned work credits, education credits, good conduct credits,
or any similar program for early release.
(E) For the purpose of this section only, a person sentenced pursuant
to this section may be paroled if:
(1) the Department of Corrections requests the Department of
Probation, Parole, and Pardon Services to consider the person for parole;
and
(2) the Department of Probation, Parole, and Pardon Services
determines that due to the person's health or age he is no longer a threat
to society; and
(a) the person has served at least thirty years of the sentence
imposed pursuant to this section and has reached at least sixty-five years
of age; or
(b) the person has served at least twenty years of the sentence
imposed pursuant to this section and has reached at least seventy years of
age; or
(c) the person is afflicted with a terminal illness where life
expectancy is one year or less; or
(d) the person can produce evidence comprising the most
extraordinary circumstances.
(F) For the purpose of determining a prior conviction under this
section only, a prior conviction shall mean the defendant has been
convicted of a most serious or serious offense, as may be applicable, on a
separate occasion, prior to the instant adjudication.
(G) The decision to invoke sentencing under Section 17-25-45(B) is in
the discretion of the solicitor. The provisions of Section 17-25-45(A)
shall be mandatory.
(H) Where the solicitor is required to seek or determines to seek
sentencing of a defendant under this section, written notice must be given
by the solicitor to the defendant and defendant's counsel not less than ten
days before trial."
Juvenile commitment
SECTION 19. Section 20-7-2205 of the 1976 Code, as last amended by
Act 7 of 1995, is further amended to read:
"Section 20-7-2205. Notwithstanding Section 20-7-2170, 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, a child who has been
found in contempt of court for violation of a court order related to a
violation of law or other misconduct which would not be a criminal
offense if committed by an adult, or a child who violates the conditions
of probation for a violation of law or other misconduct which would not
be a criminal offense if committed by an adult may 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 for a determinate period not to exceed ninety days; however,
a child committed under this section may not be confined with a child
who has been determined by the department to be violent."
Transfer of juveniles to the Department of Corrections; circumstances
revised
SECTION 20. Section 20-7-2170 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 20-7-2170. (A) A child after his twelfth birthday and
before his seventeenth birthday, or while under the jurisdiction of the
Family Court for disposition of an offense that occurred before his
seventeenth birthday, may be committed to the custody of the
Department of Juvenile Justice, which shall arrange for placement in a
suitable corrective environment. Children under the age of twelve years
must be committed only to the custody of the department, which shall
arrange for placement in a suitable corrective environment other than
institutional confinement. A child under the age of seventeen years must
not be committed or sentenced to another penal or correctional institution
of this State.
(B) When a child is adjudicated delinquent, convicted of a crime, or
has entered a plea of guilty or nolo contendere in a court authorized to
commit to the custody of the Department of Juvenile Justice, the child
may be committed for an indeterminate period until he has reached his
twenty-first birthday or until sooner released by the Board of Juvenile
Parole under its discretional powers.
(C) A sentence which includes commitment to the custody of the
Department of Juvenile Justice for a crime which, when committed by an
adult, would carry a maximum sentence of thirty years or more, shall
include a further provision that the Board of Juvenile Parole may transfer
the child to the Department of Juvenile Justice, which then may transfer
the child to the Department of Corrections for confinement for a period,
including time served in its custody, not to exceed thirty years. The
transfer must be within the discretion of the Department of Juvenile
Justice or the Board of Juvenile Parole as appropriate.
(D) The court, before committing a child as a delinquent or as a part
of a sentence including commitments for contempt, first shall commit
temporarily the child to the Department of Juvenile Justice for a period
not to exceed forty-five days for evaluation, and the department shall
make a recommendation to the court before final commitment. The
committing judge may waive in writing temporary commitment in cases
where the child concerned either, within the past year, has been evaluated
by a center and the evaluation is available to the court or has been
temporarily or finally discharged or conditionally released or paroled
from a correctional institution of the Department of Juvenile Justice, and
the child's previous evaluation or other equivalent information is
available to the court. All commitments to the custody of the
Department of Juvenile Justice for delinquency as opposed to the
conviction of a specific crime may be made only for the reasons and in
the manner prescribed in Sections 20-7-400, 20-7-410, 20-7-430,
20-7-460, 20-7-600, 20-7-620, 20-7-740, 20-7-750, 20-7-760, 20-7-770,
20-7-780, 20-7-1330, 20-7-1340, and 20-7-1520, with evaluations made
and proceedings conducted only by the judges authorized to order
commitments in this section. When a child is committed to the custody
of the department under the proceedings, commitment must be for an
indeterminate sentence, not extending beyond the twenty-first birthday of
the child unless sooner released by the department.
(E) A juvenile committed to the Department of Juvenile Justice
following an adjudication for a violent offense contained in Section
16-1-60 or for the offense of assault and battery of a high and aggravated
nature, who has not been paroled or released from the custody of the
department by his seventeenth birthday must be transferred to the custody
and authority of the Youthful Offender Division of the Department of
Corrections. A juvenile who has not been paroled or released from the
custody of the department by his nineteenth birthday must be transferred
to the custody and authority of the Youthful Offender Division of the
Department of Corrections at age nineteen. If not released sooner by the
Department of Corrections, a transferred juvenile must be released by his
twenty-first birthday according to the provisions of his commitment.
Notwithstanding the above provision, a juvenile committed as an adult
offender by order of the Court of General Sessions shall be considered
for parole or other release according to the laws pertaining to release of
adult offenders."
Authority revised; duties clarified
SECTION 21. Section 22-3-550 of the 1976 Code, as last amended by
Section 28, Part II, Act 497 of 1994, is further amended to read:
"Section 22-3-550. Magistrates have jurisdiction of all offenses
which may be subject to the penalties of a fine or forfeiture not
exceeding five hundred dollars, or imprisonment not exceeding thirty
days, or both. In addition, a magistrate may order restitution he
considers appropriate.
However, a magistrate shall not have the power to sentence any person
to consecutive terms of imprisonment totaling more than ninety days
except for convictions resulting from violations of Chapter 11 of Title
34, pertaining to fraudulent checks or violations of Section 16-13-110,
relating to shoplifting. Further a magistrate must specify an amount of
restitution in damages at the time of sentencing as an alternative to any
imprisonment of more than ninety days which is lawfully imposed. The
provisions of this paragraph do not affect the transfer of criminal matters
from the General Sessions Court made pursuant to Section
22-3-545."
Offenses excluded from application of section revised
SECTION 22. Section 22-5-910 of the 1976 Code, as added by Act 395
of 1992, is amended to read:
"Section 22-5-910. Following a first offense conviction in a
magistrate's court or a municipal court, the defendant after one year from
the date of the conviction may apply, or cause someone acting on his
behalf to apply, to the Circuit Court for an order expunging the records
of the arrest and conviction. However, this section does not apply to an
offense involving the operation of a motor vehicle, to a violation of Title
50 or the regulations promulgated under it for which points are assessed,
suspension provided for, or enhanced penalties for subsequent offenses
authorized, or to an offense contained in Chapter 25 of Title 16. If the
defendant has had no other conviction during the one-year period
following the first offense conviction in a magistrate's court or a
municipal court, the Circuit Court shall issue an order expunging the
records. No person may have his records expunged under this section
more than once.
After the expungement, the South Carolina Law Enforcement Division
is required to keep a nonpublic record of the offense and the date of the
expungement to ensure that no person takes advantage of the rights of
this section more than once. This nonpublic record is not subject to
release under Section 34-11-95, the Freedom of Information Act, or any
other provision of law except to those authorized law or court officials
who need to know this information in order to prevent the rights afforded
by this section from being taken advantage of more than once.
As used in this section, `conviction' includes a guilty plea, a plea of
nolo contendere, or the forfeiting of bail."
References revised; court's sentencing authority clarified; work
release provided for
SECTION 23. Section 24-3-20 of the 1976 Code, as last amended by
Act 181 of 1993 and Act 500 of 1994, is further amended to read:
"Section 24-3-20. (A) A person convicted of an offense against
the State of South Carolina and committed to a state correctional facility
must be in the custody of the South Carolina Department of Corrections,
and the director shall designate the place of confinement where the
sentence must be served. Nothing in this section prevents a court from
ordering a sentence to run concurrently with a sentence being served in
another state or an active federal sentence. The director may designate as
a place of confinement any available, suitable, and appropriate institution
or facility, including a county jail or prison camp, whether maintained by
the department or otherwise. If the facility is not maintained by the
department, the consent of the sheriff of the county where the facility is
located must first be obtained.
(B) When the director determines that the character and attitude of a
prisoner reasonably indicates that he may be trusted, he may extend the
limits of the place of confinement of the prisoner by authorizing him to
work at paid employment or participate in a training program in the
community on a voluntary basis while continuing as a prisoner, provided
that the director determines that:
(1) the paid employment will not result in the displacement of
employed workers, nor be applied in skills, crafts, or trades in which
there is surplus of available gainful labor in the locality, nor impair
existing contracts for services; and
(2) the rates of pay and other conditions of employment will not be
less than those paid and provided for work of similar nature in the
locality in which the work is to be performed.
The department shall notify victims registered pursuant to Section
16-3-1530(c) and the trial judge, solicitor, and sheriff of the county or
the law enforcement agency of the jurisdiction where the offense
occurred before releasing inmates on work release. The department shall
have the authority to deny release based upon opinions received from
these persons, if any, as to the suitability of the release.
No prisoner's place of confinement may be extended as permitted by
this subsection who is currently serving a sentence for or has a prior
conviction of criminal sexual conduct in the first, second, or third degree;
attempted criminal sexual conduct; assault with intent to commit criminal
sexual conduct; criminal sexual conduct when the victim is his legal
spouse; criminal sexual conduct with a minor; committing or attempting
to commit a lewd act on a child; engaging a child for sexual
performance; or spousal sexual battery. No prisoner who is serving a
sentence for a `no parole offense' as defined in Section 24-13-100 and
who is otherwise eligible for work release shall have his place of
confinement extended until he has served the minimum period of
incarceration as set forth in Section 24-13-125.
(C) Notwithstanding any other provision of law, the department shall
make available for use in litter control and removal any or all prison
inmates not engaged in programs determined by the department to be
more beneficial in terms of rehabilitation and cost effectiveness. The
department shall not make available for litter control those inmates who,
in the judgment of the director, pose a significant threat to the
community or who are not physically, mentally, or emotionally able to
perform work required in litter control. No inmate must be assigned to a
county prison facility except upon written acceptance of the inmate by
the chief county administrative officer or his designee, and no prisoner
may be assigned to litter control in a county which maintains a facility
unless he is assigned to the county prison facility. The department shall
include in its annual report to the Budget and Control Board an analysis
of the job and program assignments of inmates. This plan shall include
such programs as litter removal, prison industries, work release,
education, and counseling. The department shall make every effort to
minimize not only inmate idleness but also occupation in marginally
productive pursuits. The Budget and Control Board and the Governor's
Office shall comment in writing to the department concerning any
necessary alterations in this plan.
(D) Notwithstanding Section 24-13-125, the department may establish
a restitution program for the purpose of allowing persons convicted of
nonviolent offenses who are sentenced to the department to reimburse the
victim for the value of the property stolen or damages caused by the
offense. If no victim is involved, the person convicted shall contribute to
the administration of the program. The department is authorized to
promulgate regulations necessary to administer the program.
(E) If a person is sentenced to not more than seven years and for not
more than a second offense for the following offenses: larceny, grand
larceny, forgery and counterfeiting, embezzlement, stolen property,
damage to property, receiving stolen goods, shoplifting, housebreaking,
fraud, vandalism, breach of trust with fraudulent intent, and
storebreaking, the judge shall establish at the time of sentencing a
maximum amount of property loss which may be used by the department
in the administration of the restitution program."
Articles produced by persons on community supervision
exempted
SECTION 24. Section 24-3-410(B)(1) of the 1976 Code, as last
amended by Act 19 of 1991, is further amended to read:
"(1) articles manufactured or produced by persons on parole,
probation, or community supervision;"
Lethal injection authorized
SECTION 25. Section 24-3-530 of the 1976 Code, as last amended by
Section 420, Act 181 of 1993, is further amended to read:
"Section 24-3-530. (A) A person convicted of a capital crime
and having imposed upon him the sentence of death shall suffer the
penalty by electrocution or, at the election of the person, lethal injection
under the direction of the Director of the Department of Corrections. The
election must be made in writing fourteen days before the execution date
or it is waived. If the person waives the right of election, then the penalty
must be administered by lethal injection.
(B) If execution by lethal injection under this section is held to be
unconstitutional by an appellate court of competent jurisdiction, then the
manner of inflicting a death sentence must be by electrocution."
Credits for persons convicted of "no parole offenses";
persons not entitled to credits; forfeiture of credit
SECTION 26. Section 24-13-210 of the 1976 Code, as last amended by
Section 437, Act 181 of 1993, is further amended to read:
"Section 24-13-210. (A) A prisoner convicted of an offense
against this State, except a `no parole offense' as defined in Section
24-13-100, and sentenced to the custody of the Department of
Corrections including a prisoner serving time in a local facility pursuant
to a designated facility agreement authorized by Section 24-3-30, whose
record of conduct shows that he has faithfully observed all the rules of
the institution where he is confined and has not been subjected to
punishment for misbehavior, is entitled to a deduction from the term of
his sentence beginning with the day on which the service of his sentence
commences to run, computed at the rate of twenty days for each month
served. When two or more consecutive sentences are to be served, the
aggregate of the several sentences is the basis upon which the good
conduct credit is computed.
(B) A prisoner convicted of a `no parole offense' against this State as
defined in Section 24-13-100 and sentenced to the custody of the
Department of Corrections, including a prisoner serving time in a local
facility pursuant to a designated facility agreement authorized by Section
24-3-30, whose record of conduct shows that he has faithfully observed
all the rules of the institution where he is confined and has not been
subjected to punishment for misbehavior, is entitled to a deduction from
the term of his sentence beginning with the day on which the service of
his sentence commences to run, computed at the rate of three days for
each month served. However, no prisoner serving a sentence for life
imprisonment or a mandatory minimum term of imprisonment for thirty
years pursuant to Section 16-3-20 is entitled to credits under this
provision. No prisoner convicted of a `no parole offense' is entitled to a
reduction below the minimum term of incarceration provided in Section
24-13-125 or 24-13-150. When two or more consecutive sentences are to
be served, the aggregate of the several sentences is the basis upon which
the good conduct credit is computed.
(C) A prisoner convicted of an offense against this State and
sentenced to a local correctional facility, or upon the public works of any
county in this State, whose record of conduct shows that he has faithfully
observed all the rules of the institution where he is confined, and has not
been subjected to punishment for misbehavior, is entitled to a deduction
from the term of his sentence beginning with the day on which the
service of his sentence commences to run, computed at the rate of one
day for every two days served. When two or more consecutive sentences
are to be served, the aggregate of the several sentences is the basis upon
which good conduct credits must be computed.
(D) If a prisoner confined in a facility of the department commits an
offense or violates one of the rules of the institution during his term of
imprisonment, all or part of the good conduct credit he has earned may
be forfeited in the discretion of the Director of the Department of
Corrections. If a prisoner confined in a local correctional facility
pursuant to a designated facility agreement commits an offense or
violates one of the rules of the institution during his term of
imprisonment, all or part of the good conduct credit he has earned may
be forfeited in the discretion of the local official having charge of the
prisoner. The decision to withhold forfeited good conduct time is solely
the responsibility of officials named in this subsection.
(E) Any person who has served the term of imprisonment for which
he has been sentenced less deductions allowed therefrom for good
conduct is considered upon release to have served the entire term for
which he was sentenced unless the person is required to complete a
community supervision program pursuant to Section 24-21-560. If the
person is required to complete a community supervision program, he
must complete his sentence as provided in Section 24-21-560 prior to
discharge from the criminal justice system.
(F) No credits earned pursuant to this section may be applied in a
manner which would prevent full participation in the Department of
Probation, Parole, and Pardon Services' prerelease or community
supervision program as provided in Section 24-21-560."
Credits for suspended sentences
SECTION 27. Section 24-13-220 of the 1976 Code is amended to
read:
"Section 24-13-220. The provisions of Section 24-13-210 shall
also apply when a portion of a sentence which has been imposed is
suspended. Credits earned for good conduct shall be deducted from and
computed on the time the person is actually required to serve, and the
suspended sentence shall begin on the date of his release from servitude
as herein provided."
Reductions for persons convicted of "no parole offenses";
persons not entitled to reductions
SECTION 28. Section 24-13-230 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 24-13-230. (A) The Director of the Department of
Corrections may allow any prisoner in the custody of the department,
except a prisoner convicted of a `no parole offense' as defined in Section
24-13-100, who is assigned to a productive duty assignment or who is
regularly enrolled and actively participating in an academic, technical, or
vocational training program, a reduction from the term of his sentence of
zero to one day for every two days he is employed or enrolled. A
maximum annual credit for both work credit and education credit is
limited to one hundred eighty days.
(B) The Director of the Department of Corrections may allow a
prisoner in the custody of the department serving a sentence for a `no
parole offense' as defined in Section 24-13-100, who is assigned to a
productive duty assignment or who is regularly enrolled and actively
participating in an academic, technical, or vocational training program, a
reduction from the term of his sentence of six days for every month he is
employed or enrolled. However, no prisoner serving a sentence for life
imprisonment or a mandatory minimum term of imprisonment for thirty
years pursuant to Section 16-3-20 is entitled to credits under this
provision. No prisoner convicted of a `no parole offense' is entitled to a
reduction below the minimum term of incarceration provided in Section
24-13-125 or 24-13-150. A maximum annual credit for both work credit
and education credit is limited to seventy-two days.
(C) No credits earned pursuant to this section may be applied in a
manner which would prevent full participation in the Department of
Probation, Parole, and Pardon Services' prerelease or community
supervision program as provided in Section 24-21-560.
(D) The amount of credit to be earned for each duty classification or
enrollment must be determined by the director and published by him in a
conspicuous place available to inmates at each correctional institution. If
a prisoner commits an offense or violates one of the rules of the
institution during his term of imprisonment all or part of the work credit
or education credit he has earned may be forfeited in the discretion of the
official having charge of the prisoner.
(E) The official in charge of a local detention or correctional facility
to which persons convicted of offenses against the State are sentenced
shall allow any inmate serving such a sentence in the custody of the
facility who is assigned to a mandatory productive duty assignment a
reduction from the term of his sentence of zero to one day for every two
days so employed. The amount of credit to be earned for each duty
classification must be determined by the official in charge of the local
detention or correctional facility and published by him in a conspicuous
place available to inmates.
(F)(1) An individual is only eligible for the educational credits
provided for in this section, upon successful participation in an academic,
technical, or vocational training program.
(2) The educational credit provided for in this section, is not
available to any individual convicted of a violent crime as defined in
Section 16-1-60.
(G) The South Carolina Department of Corrections may not pay any
tuition for college courses."
Persons convicted of "no parole offenses"
excepted
SECTION 29. Section 24-13-610 of the 1976 Code is amended to
read:
"Section 24-13-610. The Department of Corrections
(department) may establish an extended work release program. The
program may allow the exceptional regular work release resident, male or
female, convicted of a first and not more than a second offense, the
opportunity of extended work release placement in the community with
the privilege of residing with an approved community sponsor and
continuing employment in the community; provided, that no person
convicted of murder, criminal sexual conduct in the first or second
degree, a `no parole offense' as defined in Section 24-13-100 which was
committed on or after the effective date of this section, or any other
offense which is prohibited by another provision of law may participate
in this extended work release program."
Violent offenses clarified; persons convicted of "no parole
offenses" included
SECTION 30. Section 24-13-650 of the 1976 Code, as amended by Act
471 of 1992, is further amended to read:
"Section 24-13-650. No offender committed to incarceration for
a violent offense as defined in Section 16-1-60 or a `no parole offense'
as defined in Section 24-13-100 may be released back into the
community in which the offender committed the offense under the work
release program, except in those cases wherein, where applicable, the
victim of the crime for which the offender is charged or the relatives of
the victim who have applied for notification under Section 16-3-1530 if
the victim has died, the law enforcement agency which employed the
arresting officer at the time of the arrest, and the circuit solicitor all agree
to recommend that the offender be allowed to participate in the work
release program in the community where the offense was committed.
The victim or the victim's nearest living relative, the law enforcement
agency, and the solicitor, as referenced above, must affirm in writing that
the offender be allowed to return to the community in which the offense
was committed to participate in the work release program."
"No parole offense" added; etc.
SECTION 31. Section 24-13-710 of the 1976 Code, as last amended by
Section 441 of Act 181 of 1993, is further amended to read:
"Section 24-13-710. The Department of Corrections and the
Department of Probation, Parole, and Pardon Services shall jointly
develop the policies, procedures, guidelines, and cooperative agreement
for the implementation of a supervised furlough program which permits
carefully screened and selected inmates who have served the mandatory
minimum sentence as required by law or have not committed a violent
crime as defined in Section 16-1-60, a `no parole offense' as defined in
Section 24-13-100, the crime of criminal sexual conduct in the third
degree as defined in Section 16-3-654, or the crime of committing or
attempting a lewd act upon a child under the age of fourteen as defined
in Section 16-15-140 to be released on furlough prior to parole eligibility
and under the supervision of state probation and parole agents with the
privilege of residing in an approved residence and continuing treatment,
training, or employment in the community until parole eligibility or
expiration of sentence, whichever is earlier. The department and the
Department of Probation, Parole, and Pardon Services shall assess a fee
sufficient to cover the cost of the participant's supervision and any other
financial obligations incurred because of his participation in the
supervised furlough program as provided by this article. The two
departments shall jointly develop and approve written guidelines for the
program to include, but not be limited to, the selection criteria and
process, requirements for supervision, conditions for participation, and
removal. The cooperative agreement between the two departments shall
specify the responsibilities and authority for implementing and operating
the program. Inmates approved and placed on the program must be
under the supervision of agents of the Department of Probation, Parole,
and Pardon Services who are responsible for ensuring the inmate's
compliance with the rules, regulations, and conditions of the program as
well as monitoring the inmate's employment and participation in any of
the prescribed and authorized community-based correctional programs
such as vocational rehabilitation, technical education, and alcohol/drug
treatment. Eligibility criteria for the program include, but are not limited
to, all of the following requirements:
(1) maintain a clear disciplinary record for at least six months prior to
consideration for placement on the program;
(2) demonstrate to Department of Corrections' officials a general
desire to become a law-abiding member of society;
(3) satisfy any other reasonable requirements imposed upon him by
the Department of Corrections;
(4) have an identifiable need for and willingness to participate in
authorized community-based programs and rehabilitative services;
(5) have been committed to the State Department of Corrections with
a total sentence of five years or less as the first or second adult
commitment for a criminal offense for which the inmate received a
sentence of one year or more. The Department of Corrections shall notify
victims pursuant to Section 16-3-1530(c) as well as the sheriff's office of
the place to be released before releasing inmates through any supervised
furlough program.
These requirements do not apply to the crimes referred to in this
section."
"No parole offense" added
SECTION 32. Section 24-13-720 of the 1976 Code, as last amended by
Act 154 of 1993, is further amended to read:
"Section 24-13-720. Unless sentenced to life imprisonment , an
inmate under the jurisdiction or control of the Department of Corrections
who has not been convicted of a violent crime under the provisions of
Section 16-1-60 or a `no parole offense' as defined in Section 24-13-100
may, within six months of the expiration of his sentence, be placed with
the program provided for in Section 24-13-710 and is subject to every
rule, regulation, and condition of the program. No inmate otherwise
eligible under the provisions of this section for placement with the
program may be so placed unless he has qualified under the selection
criteria and process authorized by the provisions of Section 24-13-710.
He must also have maintained a clear disciplinary record for at least six
months prior to eligibility for placement with the program."
"No parole offense" added; provisions deleted; etc.
SECTION 33. Section 24-13-1310 of the 1976 Code, as added by Act
608 of 1990 and last amended by Section 443 of Act 181 of 1993, is
further amended to read:
"Section 24-13-1310. As used in this article:
(1) `Eligible inmate' means a person committed to the South Carolina
Department of Corrections:
(a) who has not reached the age of thirty years at the time of
admission to the department;
(b) who is eligible for release on parole in two years or less;
(c) who has not been convicted of a violent crime as defined in
Section 16-1-60 or a `no parole offense' as defined in Section
24-13-100;
(d) who has not been incarcerated previously in a state correctional
facility or has not served a sentence previously in a shock incarceration
program;
(e) who physically is able to participate in the program.
(2) `Shock incarceration program' means a program pursuant to
which eligible inmates are ordered by the court to participate in the
program and serve ninety days in an incarceration facility, which
provides rigorous physical activity, intensive regimentation, and
discipline and rehabilitation therapy and programming.
(3) `Director' means the Director of the Department of
Corrections."
Shock incarceration selection committee deleted
SECTION 34. Section 24-13-1320 of the 1976 Code, as added by Act
608 of 1990 and last amended by Section 444 of Act 181 of 1993, is
further amended to read:
"Section 24-13-1320. (A) The director of the department,
guided by consideration for the safety of the community and the welfare
of the inmate, shall promulgate regulations, according to procedures set
forth in the Administrative Procedures Act, for the shock incarceration
program. The regulations must reflect the purpose of the program and
include, but are not limited to, selection criteria, inmate discipline,
programming and supervision, and program structure and
administration.
(B) A program may be established only at an institution classified by
the director as a shock incarceration facility.
(C) The department shall undertake studies and prepare reports
periodically on the impact of a program and on whether the
programmatic objectives are met."
Provisions deleted; "eligible inmates"; etc.
SECTION 35. Section 24-13-1330 of the 1976 Code, as added by Act
608 of 1990 and last amended by Section 445 of Act 181 of 1993, is
further amended to read:
"Section 24-13-1330. (A) A court may order that an `eligible
inmate' be sentenced to the `Shock Incarceration Program'. If an
`eligible inmate' is sentenced to the `Shock Incarceration Program' he
must be transferred to the custody of the department for evaluation.
(B) The department must evaluate the inmate to determine whether the
inmate is physically, psychologically, and emotionally able to participate
in this program.
(C) The director shall notify the court within fifteen working days if
the inmate is physically, psychologically, or emotionally unsuitable for
participation in the `Shock Incarceration Program'. An unsuitable inmate
must be returned to court for sentencing to another term as provided by
law.
(D) An applicant may not participate in a program unless he agrees to
be bound by all of its terms and conditions and indicates this agreement
by signing the following:
`I accept the foregoing program and agree to be bound by its terms
and conditions. I understand that my participation in the program is a
privilege that may be revoked at the sole discretion of the director. I
understand that I shall complete the entire program successfully to obtain
a certificate of earned eligibility upon the completion of the program, and
if I do not complete the program successfully, for any reason, I will be
transferred to a nonshock incarceration correctional facility to continue
service of my sentence'.
(E) An inmate who has completed a shock incarceration program
successfully is eligible to receive a certificate of earned eligibility and
must be granted parole release.
(F) Participation in a shock incarceration program is a privilege.
Nothing contained in this article confers upon an inmate the right to
participate or continue to participate in a program."
Community supervision referenced
SECTION 36. Section 24-13-1590(2) of the 1976 Code, as last amended
by Section 448 of Act 181 of 1993, is further amended to read:
"(2) diminishes the lawful authority of the courts of this State,
the Department of Juvenile Justice, or the Department of Probation,
Parole, and Pardon Services to regulate or impose conditions for
probation, parole, or community supervision."
Department referenced; etc.
SECTION 37. Section 24-19-160 of the 1976 Code, as last amended by
Section 458 of Act 181 of 1993, is further amended to read:
"Section 24-19-160. Nothing in this chapter limits or affects the
power of a court to suspend the imposition or execution of a sentence
and place a youthful offender on probation.
Nothing in this chapter may be construed to amend, repeal, or affect
the jurisdiction of the Department of Probation, Parole, and Pardon
Services or the Probation, Parole, and Pardon Services Board. For
purposes of community supervision or parole, a sentence pursuant to
Section 24-19-50(e) shall be considered a sentence for six
years."
Language style changes made
SECTION 38. Section 24-21-10 of the 1976 Code, as last amended by
Part I, Section 38 of Act 7 of 1995, 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 the department. 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 considered 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
considered 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."
"Community supervision" referenced; etc.
SECTION 39. Section 24-21-13 of the 1976 Code, as last amended by
Section 462 of Act 181 of 1993, is further amended to read:
"Section 24-21-13. (A) It is the duty of the director to oversee,
manage, and control the department. The director shall develop written
policies and procedures for the following:
(1) the supervising of offenders on probation, parole, community
supervision, and other offenders released from incarceration prior to the
expiration of their sentence;
(2) the consideration of paroles and pardons and the supervision of
offenders in the community supervision program, and other offenders
released from incarceration prior to the expiration of their sentence. The
requirements for an offender's participation in the community supervision
program and an offender's progress toward completing the program are
to be decided administratively by the Department of Probation, Parole,
and Pardon Services. No inmate or future inmate shall have a `liberty
interest' or an `expectancy of release' while in a community supervision
program administered by the department;
(3) the operation of community-based correctional programs;
and
(4) the operation of public work sentence programs for offenders as
provided in item (1) of this subsection. This program also may be
utilized as an alternative to technical revocations. The director shall
establish priority programs for litter control along state and county
highways. This must be included in the `public service work'
program.
(B) It is the duty of the board to consider cases for parole, pardon,
and any other form of clemency provided for under law."
Certain ineligibility for parole consideration; etc.
SECTION 40. Section 24-21-30 of the 1976 Code is amended to
read:
"Section 24-21-30. (A) A person who commits a `no parole
offense' as defined in Section 24-13-100 on or after the effective date of
this section is not eligible for parole consideration, but must complete a
community supervision program as set forth in Section 24-21-560 prior
to discharge from the sentence imposed by the court. For all offenders
who are eligible for parole, the board shall hold regular meetings, as may
be necessary to carry out its duties, but at least four times each year, and
as many extra meetings as the chairman, or the Governor acting through
the chairman, may order. The board may preserve order at its meetings
and punish any disrespect or contempt committed in its presence. The
chairman may direct the members of the board to meet as three-member
panels to hear matters relating to paroles and pardons as often as
necessary to carry out the board's responsibilities. Membership on these
panels shall be periodically rotated on a random basis by the chairman.
At the meetings of the panels, any unanimous vote shall be considered
the final decision of the board, and the panel may issue an order of
parole with the same force and effect of an order issued by the full board
pursuant to Section 24-21-650. Any vote that is not unanimous shall not
be considered as a decision of the board, and the matter shall be referred
to the full board which shall decide it based on a vote of a majority of
the membership.
(B) The board may grant parole to an offender who commits a violent
crime as defined in Section 16-1-60 which is not included as a `no parole
offense' as defined in Section 24-13-100 on or after the effective date of
this section by a two-thirds majority vote of the full board. The board
may grant parole to an offender convicted of an offense which is not a
violent crime as defined in Section 16-1-60 or a `no parole offense' as
defined in Section 24-13-100 by a unanimous vote of a three-member
panel or by a majority vote of the full board.
Nothing in this subsection may be construed to allow any person who
commits a `no parole offense' as defined in Section 24-13-100 on or
after the effective date of this section to be eligible for parole."
No right of confrontation
SECTION 41. Section 24-21-50 of the 1976 Code is amended to
read:
"Section 24-21-50. The board shall grant hearings and permit
arguments and appearances by counsel or any individual before it at any
such hearing while considering a case for parole, pardon, or any other
form of clemency provided for under law. No inmate has a right of
confrontation at the hearing."
Reference updated
SECTION 42. Section 24-21-60 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 24-21-60. Each city, county, or state official or
department shall assist and cooperate to further the objectives of this
chapter. The board, the director of the department, and the probation
agents may seek the cooperation of officials and departments and
especially of the sheriffs, jailers, magistrates, police officials, and
institutional officers. The director may conduct surveys of state
correctional facilities, county jails, and camps and obtain information to
enable the board to pass intelligently upon all applications for parole.
The Director of the Department of Corrections and the wardens, jailers,
sheriffs, supervisors, or other officers in whose control a prisoner may be
committed must aid and assist the director and the probation agents in the
surveys."
Fees
SECTION 43. Section 24-21-80 of the 1976 Code, as last amended by
Section 26A, Part II, Act 164 of 1993, is further amended to read:
"Section 24-21-80. An adult placed on probation, parole, or
community supervision shall pay a regular supervision fee toward
offsetting the cost of his supervision for so long as he remains under
supervision. The regular supervision fee must be determined by the
Department of Probation, Parole, and Pardon Services based upon the
ability of the person to pay. The fee must be not less than twenty dollars
nor more than one hundred dollars per month. The fee is due on the date
of sentencing or as soon as determined by the department and each
subsequent anniversary for the duration of the supervision period. The
department shall remit from the fees collected an amount not to exceed
the regular supervision fees collected during fiscal year 1992-93 for
credit to the State General Fund. All regular supervision fees collected in
excess of the fiscal year 1992-93 amount must be retained by the
department, carried forward, and applied to the department's operation.
The payment of the fee must be a condition of probation, parole, or
community supervision, and a delinquency of two months or more in
making payments may operate as a revocation.
If a probationer is placed under intensive supervision by a court of
competent jurisdiction, or if the board places a parolee under intensive
supervision, or if an inmate who is participating in the Supervised
Furlough Program is placed under intensive supervision, or if a person
participating in a community supervision program is placed under
intensive supervision, the probationer, parolee, inmate, or community
supervisee is required to pay not less than ten dollars nor more than
thirty dollars each week for the duration of intensive supervision in lieu
of the regular supervision fee. The intensive supervision fee must be
determined by the department based upon the ability of the person to
pay. Fees derived from persons under intensive supervision must be
retained by the department, carried forward, and applied to the
department's operation. The department may exempt any individual
supervised by the department on any community supervision program
from the payment of a part or all of the yearly or weekly fee during any
part or all of the supervision period only if the department determines
that exceptional circumstances exist such that these payments work a
severe hardship on the individual. Delinquencies of two months or more
in payment of a reduced fee operates in the same manner as
delinquencies for the full amount. The department may substitute public
service employment for supervision fees when it considers the same to be
in the best interest of the State and the individual."
Community supervision
SECTION 44. Section 24-21-220 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 24-21-220. The director is vested with the exclusive
management and control of the department and is responsible for the
management of the department and for the proper care, treatment,
supervision, and management of offenders under its control. The director
shall manage and control the department and it is the duty of the director
to carry out the policies of the department. The director is responsible
for scheduling board meetings, assuring that the proper cases and
investigations are prepared for the board, maintaining the board's official
records, and performing other administrative duties relating to the board's
activities. The director must employ within his office such personnel as
may be necessary to carry out his duties and responsibilities including the
functions of probation, parole, and community supervision,
community-based programs, financial management, research and
planning, staff development and training, and internal audit. The director
shall make annual written reports to the board, the Governor, and the
General Assembly providing statistical and other information pertinent to
the department's activities."
Reference deleted
SECTION 45. Section 24-21-230 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 24-21-230. The director must employ probation agents
required for service in the State and clerical assistants as necessary. The
probation agents must take and pass psychological and qualifying
examinations as directed by the director. The director must ensure that
each probation agent receives adequate training. Until the initial
employment requirements are met, no person may take the oath of a
probation agent nor exercise the authority granted to them."
Agent's duties
SECTION 46. Section 24-21-280 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 24-21-280. A probation agent must investigate all
cases referred to him for investigation by the judges or director and
report in writing. He must furnish to each person released on probation,
parole, or community supervision under his supervision a written
statement of the conditions of probation, parole, or community
supervision and must instruct him regarding them. He must keep
informed concerning the conduct and condition of each person on
probation, parole, or community supervision under his supervision by
visiting, requiring reports, and in other ways, and must report in writing
as often as the court or director may require. He must use practicable
and suitable methods to aid and encourage persons on probation, parole,
or community supervision to bring about improvement in their conduct
and condition. A probation agent must keep detailed records of his
work, make reports in writing, and perform other duties as the director
may require. A probation agent must have, in the execution of his
duties, the power to issue an arrest warrant or a citation charging a
violation of conditions of supervision, the powers of arrest, and to the
extent necessary the same right to execute process given by law to
sheriffs. In the performance of his duties of probation, parole,
community supervision, and investigation, he is regarded as the official
representative of the court, the department, and the board."
Reference changed; service
SECTION 47. Section 24-21-300 of the 1976 Code is amended to
read:
"Section 24-21-300. At any time during a period of supervision,
a probation agent, instead of issuing a warrant, may issue a written
citation and affidavit setting forth that the probationer, parolee, or
community supervision releasee, or a person released or furloughed under
the Offender Management Systems Act in the agent's judgment violates
the conditions of his release or suspended sentence. The citation must be
directed to the probationer, the parolee, the community supervision
releasee, or the person released or furloughed, and must require him to
appear at a specified time, date, and court or other place, and must state
the charges. The citation must set forth the person's rights and contain a
statement that a hearing will be held in his absence if he fails to appear
and that he may be imprisoned as a result of his absence. The citation
may be served by a law enforcement officer upon the request of a
probation agent. A certificate of service is sufficient proof of service.
The issuance of a citation or warrant during the period of supervision
gives jurisdiction to the court and the board at any hearing on the
violation."
Grammatical changes
SECTION 48. Section 24-21-910 of the 1976 Code is amended to
read:
"Section 24-21-910. The Probation, Parole, and Pardon Services
Board shall consider all petitions for reprieves or the commutation of a
sentence of death to life imprisonment which may be referred to it by the
Governor and shall make its recommendations to the Governor regarding
the petitions. The Governor may or may not adopt the recommendations
but in case he does not he shall submit his reasons for not doing so to the
General Assembly. The Governor may act on any petition without
reference to the board."
Pardon consideration
SECTION 49. Section 24-21-950 of the 1976 Code is amended to
read:
"Section 24-21-950. (A) The following guidelines must be
utilized by the board when determining when an individual is eligible for
pardon consideration.
(1) Probationers must be considered upon the request of the
individual anytime after discharge from supervision.
(2) Persons discharged from a sentence without benefit of parole
must be considered upon the request of the individual anytime after the
date of discharge.
(3) Parolees must be considered for a pardon upon the request of the
individual anytime after the successful completion of five years under
supervision. Parolees successfully completing the maximum parole
period, if less than five years, must be considered for pardon upon the
request of the individual anytime after the date of discharge.
(4) An inmate must be considered for pardon before a parole
eligibility date only when he can produce evidence comprising the most
extraordinary circumstances.
(5) The victim of a crime or a member of a convicted person's
family living within this State may petition for a pardon for a person
who has completed supervision or has been discharged from a
sentence.
(B) Persons discharged from a sentence without benefit of supervision
must be considered upon the request of the individual anytime after the
date of discharge."
Case classification
SECTION 50. Section 24-23-20 of the 1976 Code is amended to
read:
"Section 24-23-20. The case classification plan must provide for
case classification system consisting of the following:
(1) supervisory control requirements which include, but are not
limited to, restrictions on the probationer/parolee's movement in the
community, living arrangements, social associations, and reporting
requirements;
(2) rehabilitation needs of probationer/parolee including, but not
limited to, employment, education, training, alcohol and drug treatment,
counseling and guidance with regard to alcohol and drug abuse,
psychological or emotional problems, or handicaps;
(3) categorization of the offender as to the extent and type of staff
time needed, possible assignment to specialized caseload or treatment
programs, and specifics as to the degree of perceived risk posed by the
probationer/parolee;
(4) identification of strategies and resources to meet the identified
needs, and specific objectives for the probationer/parolee to strive to meet
such as obtaining employment, participating in a counseling program, and
securing better living arrangements;
(5) periodic and systematic review of cases to assess the adequacy of
supervisory controls, participation in rehabilitation programs, and need
for recategorization based upon the behavior and progress of the
probationer/parolee; and
(6) regular statewide monitoring and evaluation of the case
classification by appropriate supervisory, classification, and program
development and evaluation staff in the central administrative
office."
Contents of plan
SECTION 51. Section 24-23-30 of the 1976 Code is amended to
read:
"Section 24-23-30. The community corrections plan must
include, but is not limited to, describing the following community-based
program needs:
(1) an intensive supervision program for probationers, and parolees,
and supervised prisoners who require more than average supervision;
(2) a supervised inmate furlough or community supervision program
whereby inmates under the jurisdiction of the Department of Corrections
can be administratively transferred to the supervision of state probation
agents for the purposes of prerelease preparation, securing employment
and living arrangements, or obtaining rehabilitation services;
(3) a contract rehabilitation services program whereby private and
public agencies, such as the Department of Vocational Rehabilitation, the
Department of Mental Health, and the various county commissions on
alcohol and drug abuse, provide diagnostic and rehabilitative services to
offenders who are under the board's jurisdiction;
(4) community-based residential programs whereby public and private
agencies as well as the board establish and operate halfway houses for
those offenders who cannot perform satisfactorily on probation, parole, or
community supervision;
(5) expanded use of presentence investigations and their role and
potential for increasing the use of community-based programs, restitution,
and victim assistance; and
(6) identification of programs for youthful and first
offenders."
What plan must provide
SECTION 52. Section 24-23-40 of the 1976 Code, as last amended by
Act 181 of 1993, is further amended to read:
"Section 24-23-40. The community corrections plan shall
provide for the department's:
(1) development, implementation, monitoring, and evaluation of
statewide policies, procedures, and agreements with state agencies, such
as the Department of Vocational Rehabilitation, the Department of
Mental Health, and the Department of Alcohol and Other Drug Abuse
Services, for purposes of coordination and referral of probationers,
parolees, and community supervision releasees for rehabilitation
services;
(2) development of specific guidelines for the vigorous monitoring of
restitution orders and fines to increase the efficiency of collection and
development of a systematic reporting system so as to notify the judiciary
of restitution and fine payment failures on a regular basis;
(3) development of a program development and evaluation capability
so that the department can monitor and evaluate the effectiveness of the
above programs as well as to conduct research and special studies on
such issues as probation, parole, and community supervision outcomes,
revocations, and recidivism;
(4) development of adequate training and staff development for its
employees."
Conditions for termination; applicability of section
SECTION 53. Section 24-23-130 of the 1976 Code, as last amended by
Act 134 of 1991, is further amended to read:
"Section 24-23-130. Upon the satisfactory fulfillment of the
conditions of probation, the court, with the recommendation of the agent
in charge of the responsible county probation office, may terminate the
probationer or supervised prisoner from supervision."
Deposit of payments
SECTION 54. The second paragraph of Section 24-23-220 of the 1976
Code, as last amended by Act 181 of 1993, is further amended to
read:
"Assessments imposed as a condition of supervision upon release
from prison as specified in Section 24-23-210 must be collected by the
supervising agent who shall transmit those funds to the Department of
Probation, Parole, and Pardon Services where it must be deposited to the
State Treasurer. The county treasurer, after duly noting and recording
the receipt of the payments, shall transfer those funds to the State
Treasurer who shall deposit them in the state's general fund.
Assessments collected by municipal courts must be paid monthly to the
municipal financial officer who, after duly noting and recording the
receipt of the payments, shall transfer those funds to the State Treasurer
as provided in this section. From these funds, an amount equal to
one-half of the amount deposited in fiscal year 1986-87 must be
appropriated to the department for the purpose of developing and
operating community corrections programs. The remainder of the funds
must be deposited in the State Office of Victim Assistance. The director
shall monitor the collection and reporting of these assessments imposed
as a condition of supervision and assure that they are transferred properly
to the State Treasurer."
Separate criminal offense
SECTION 55. Section 44-53-445(A) of the 1976 Code, as last amended
by Act 184 of 1993, is further amended to read:
"(A) It is a separate criminal offense for a person to distribute,
sell, purchase, manufacture, or to unlawfully possess with intent to
distribute, a controlled substance while in, on, or within a one-half mile
radius of the grounds of a public or private elementary, middle, or
secondary school; a public playground or park; a public vocational or
trade school or technical educational center; or a public or private college
or university."
Salvage of certain sunken warships unlawful
SECTION 56. Chapter 7, Title 54 of the 1976 Code is amended by
adding:
"Section 54-7-815. Notwithstanding any other provision of law,
no person may excavate or salvage any sunken warship submerged in the
waters of the Atlantic ocean within three miles of the South Carolina
coast where there are, or it is believed that there are, human remains
without the approval of the State Budget and Control Board. A person
violating this section is guilty of a felony and, upon conviction, must be
fined in the discretion of the court or sentenced to a term of
imprisonment not to exceed five years, or both."
Sections repealed
SECTION 57. Sections 16-3-27, 24-1-200, 24-3-10, 24-13-270, and
24-13-1340 of the 1976 Code are repealed.
Savings clause
SECTION 58. All proceedings pending and all rights and liabilities
existing, acquired, or incurred at the time this act takes effect are saved.
Except as otherwise provided, the provisions of this act apply
prospectively to crimes and offenses committed on or after the effective
date of this act.
Study committee created
SECTION 59. A study committee shall be appointed to study mandatory
minimum sentences and alternative sentences for nonviolent offenders
and examine anti-recidivism methods for first time nonviolent offenders
and report back to the General Assembly no later than the first day of
session, 1996. The committee shall be composed of the following: The
Attorney General of South Carolina or his designee, three appointees of
the Speaker of the House of Representatives, and three appointees of the
President Pro Tempore of the Senate. The committee shall be staffed by
the Sentencing Guidelines Commission and the staffs of the House and
Senate Judiciary Committees.
Applicability
SECTION 60. Section 16-25-90 of the 1976 Code, as added by Act 7 of
1995, shall be both retroactive and prospective in application.
Arrests, family or domestic violence complaints, liability for acts
SECTION 61. Section 16-25-70 of the 1976 Code, as last amended by
Act 519 of 1994, is further amended to read:
"Section 16-25-70. (A) A law enforcement officer may arrest,
with or without a warrant, a person at the person's place of residence or
elsewhere if the officer has probable cause to believe that the person is
committing or has freshly committed a misdemeanor or felony under the
provisions of Section 16-25-20, 16-25-50, or 16-25-65 even if the act did
not take place in the presence of the officer. The officer may, if
necessary, verify the existence of an order of protection by telephone or
radio communication with the appropriate police department.
(B) A law enforcement officer must arrest, with or without a warrant,
a person at the person's place of residence or elsewhere if physical
manifestations of injury to the alleged victim are present and the officer
has probable cause to believe that the person is committing or has freshly
committed a misdemeanor or felony under the provisions of Section
16-25-20, 16-25-50, or 16-25-65 even if the act did not take place in the
presence of the officer. The officer may, if necessary, verify the
existence of an order of protection by telephone or radio communication
with the appropriate police department.
(C) In effecting a warrantless arrest under this section, a law
enforcement officer may enter the residence of the person to be arrested
in order to effect the arrest where the officer has probable cause to
believe that the action is reasonably necessary to prevent physical harm
or danger to a family or household member.
(D) If a law enforcement officer receives complaints of domestic or
family violence from two or more household members involving an
incident of domestic or family violence, the officer shall evaluate each
complaint separately to determine who was the primary aggressor. If the
officer determines that one person was the primary physical aggressor,
the officer need not arrest the other person believed to have committed
domestic or family violence. In determining whether a person is the
primary aggressor, the officer shall consider:
(1) prior complaints of domestic or family violence;
(2) the relative severity of the injuries inflicted on each person;
(3) the likelihood of future injury to each person; and
(4) whether one of the persons acted in self-defense.
(E) A law enforcement officer must not threaten, suggest, or
otherwise indicate the possible arrest of all parties to discourage requests
for intervention by law enforcement by a party.
(F) A law enforcement officer who arrests two or more persons for a
crime involving domestic or family violence must include the grounds for
arresting both parties in the written incident report.
(G) No evidence other than evidence of violations of this article found
as a result of a warrantless search is admissible in a court of law.
(H) In addition to the protections granted to the law enforcement
officer and law enforcement agency under the South Carolina Tort
Claims Act, a law enforcement officer is not liable for an act, omission,
or exercise of discretion under this section unless the act, omission, or
exercise of discretion constitutes gross negligence, recklessness,
wilfulness, or wantonness."
Time effective
SECTION 62. This act takes effect January 1, 1996, and applies
prospectively to all crimes committed on or after that date except as
follows:
(1) Section 9 takes effect upon approval of the Governor and applies
to crimes committed on or after the effective date of that section.
(2) Section 25 takes effect upon approval of the Governor and applies
to all executions administered on and after the effective date of this
section, regardless of the date the sentence was imposed.
(3) Sections 56, 59, 60, and 61 take effect upon approval of the
Governor.
Approved the 7th day of June, 1995. |