H 3098 Session 111 (1995-1996)
H 3098 General Bill, By Simrill, Cato, J.L.M. Cromer, Delleney, L.L. Elliott,
Kelley, Meacham, Robinson, J.S. Shissias, D. Smith, Stuart, Tripp and Walker
A Bill to amend Section 24-21-610, Code of Laws of South Carolina, 1976,
relating to portion of sentence which must be served before parole
eligibility, so as to prohibit eligibility for parole if sentenced to life
imprisonment.
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
A BILL
TO AMEND SECTION 24-21-610, CODE OF LAWS OF SOUTH
CAROLINA, 1976, RELATING TO PORTION OF SENTENCE
WHICH MUST BE SERVED BEFORE PAROLE ELIGIBILITY,
SO AS TO PROHIBIT ELIGIBILITY FOR PAROLE IF
SENTENCED TO LIFE IMPRISONMENT.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 24-21-610 of the 1976 Code is amended
to read:
"Section 24-21-610. In all cases cognizable under this
chapter the Board may, upon ten days' written notice to the
solicitor and judge who participated in the trial of any
a prisoner, the board may parole a prisoner
convicted of a crime and imprisoned in the a state
penitentiary corrections facility, in any
a jail, or upon the public works of any a
county who if: (1) sentenced for not more than thirty years
has served at least one-third of the term; (2) sentenced to life
imprisonment or imprisonment for any period in excess of thirty
years, has served at least ten years.
If after January 1, 1984, the board finds that the statewide case
classification system provided for in Chapter 23 of this title has
been implemented, that an intensive supervision program for
parolees who require more than average supervision has been
implemented, that a system for the periodic review of all parole
cases in order to assess the adequacy of supervisory controls and of
parolee participation in rehabilitative programs has been
implemented, and that a system of contracted rehabilitative services
for parolees is being furnished by public and private agencies, then
in all cases cognizable under this chapter the board may,
upon ten days' written notice to the solicitor and judge who
participated in the trial of any a prisoner, to the
victim or victims, if any, of the crime, and to the sheriff of the
county where the prisoner resides or will reside, may
parole a prisoner who if sentenced for a violent crime as defined in
Section 16-1-60, has served at least one-third of the term or the
mandatory minimum portion of sentence, whichever is longer. For
any other crime the prisoner shall have served at least one-fourth of
the term of a sentence or if sentenced to life imprisonment or
imprisonment for any period in excess of forty years, has served at
least ten years.
The provisions of this section do not affect the parole ineligibility
provisions for murder, armed robbery, and drug trafficking as set
forth respectively in Sections 16-3-20, and
16-11-330, and subsection (e) of Section
44-53-370(e). A person who is sentenced to life
imprisonment is not eligible for parole.
In computing parole eligibility, no deduction of time may be
allowed in any a case for good behavior, but after
June 30, 1981, there must be deductions of time in all cases for
earned work credits, notwithstanding the provisions of Sections
16-3-20, 16-11-330, and 24-13-230.
Notwithstanding the provisions of this section, the board may
parole any a prisoner not sooner than one year
prior to before the prescribed date of parole
eligibility when, based on medical information furnished to it, the
board determines that the physical condition of the prisoner
concerned is so serious that he reasonably would not be
reasonably expected to live for more than one year.
Notwithstanding any other provision
provisions of this section or of law, no prisoner who has
served a total of ten consecutive years or more in prison may be
paroled until the board first has first received a
report as to his mental condition and his ability to adjust to life
outside the prison from a duly qualified psychiatrist or
psychologist."
SECTION 2. This act takes effect upon approval by the
Governor.
-----XX----- |