H 3166 General Bill, By Wilkins, Allison, Bailey, J.M. Baxley, H. Brown, 
B.D. Cain, Cato, Cooper, Cotty, J.L.M. Cromer, Davenport, Delleney, Fair, 
Fleming, R.C. Fulmer, Gamble, H.M. Hallman, Harrell, J.L. Harris, P.B. Harris, 
Harrison, Harvin, Haskins, R.J. Herdklotz, T.E. Huff, H.G. Hutson, Jennings, 
Keegan, Kelley, W.D. Keyserling, M.H. Kinon, Kirsh, Klauber, Knotts, Law, 
L.H. Limbaugh, Littlejohn, C.V. Marchbanks, L.M. Martin, Mason, McKay, Neilson, 
Phillips, Quinn, Rhoad, Rice, Richardson, Meacham, Riser, Robinson, Sandifer, 
Seithel, Sharpe, J.S. Shissias, Simrill, R. Smith, D. Smith, Stille, Stuart, 
Townsend, Tripp, J.W. Tucker, Vaughn, D.C. Waldrop, Walker, C.C. Wells, Whatley, 
Witherspoon, S.S. Wofford, Young-Brickell and W.J. Young

Similar(H 4401)
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 24-13-100 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; by
 adding Section 24-13-175 so as to provide that sentences imposed and time
 served be computed based upon a three hundred and sixty-five day year; by
 adding Section 24-21-560 so as to provide all persons who commit a crime
 satisfactorily complete a community supervision program before their release
 from the criminal justice system, to require the Department of Corrections to
 notify the Department of Probation and Community Supervision of an inmate's
 projected release date, and to require the Department of Probation and
 Community Supervision to notify victims and the local sheriff's office of the
 place where the inmate is to be released when he is placed in community
 supervision.-short title

   12/21/94  House  Prefiled
   12/21/94  House  Referred to Committee on Judiciary
   01/10/95  House  Introduced and read first time HJ-59
   01/10/95  House  Referred to Committee on Judiciary HJ-66

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-100 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; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED BE COMPUTED BASED UPON A THREE HUNDRED AND SIXTY-FIVE DAY YEAR; BY ADDING SECTION 24-21-560 SO AS TO PROVIDE ALL PERSONS WHO COMMIT A CRIME SATISFACTORILY COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION OF AN INMATE'S PROJECTED RELEASE DATE, AND TO REQUIRE THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION TO NOTIFY VICTIMS AND THE LOCAL SHERIFF'S OFFICE OF THE PLACE WHERE THE INMATE IS TO BE RELEASED WHEN HE IS PLACED IN COMMUNITY SUPERVISION; TO AMEND SECTIONS 1-30-10 AND 1-30-85, RELATING TO DEPARTMENTS RESTRUCTURED WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO CHANGE THE NAME OF THE DEPARTMENT OF PROBATION, PARDON AND PAROLE TO THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION, RESPECTIVELY; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE SEPARATE SENTENCING PROCEEDING TO DETERMINE WHETHER A SENTENCE SHOULD BE DEATH OR LIFE IMPRISONMENT FOR A PERSON CONVICTED OF MURDER, SO AS TO REVISE THE TERMS OF IMPRISONMENT; TO AMEND SECTION 16-3-625, RELATING TO RESISTING ARREST WITH A DEADLY WEAPON, SO AS TO CHANGE THE PENALTY; TO AMEND SECTION 16-3-1260, RELATING TO THE REIMBURSEMENT OF THE STATE BY A CONVICTED PERSON FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND, SO AS TO ELIMINATE THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS' RIGHT TO MAKE PAYMENT OF THE DEBT OR A PORTION OF THE DEBT A CONDITION OF PAROLE, TO SUBSTITUTE "STATE OFFICE OF VICTIM ASSISTANCE" FOR "VICTIM'S COMPENSATION FUND" AND TO SUBSTITUTE "SOUTH CAROLINA DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "SOUTH CAROLINA BOARD OF PAROLE AND COMMUNITY CORRECTIONS"; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", TO ALLOW THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND THE DEPARTMENT OF CORRECTIONS TO DISCLOSE BETWEEN THE TWO DEPARTMENTS INFORMATION PROVIDED TO VICTIMS AND WITNESSES, AND TO ELIMINATE RESTITUTION AS A CONDITION OF PAROLE; TO AMEND SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO SUBSTITUTE THE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR THE "PAROLE AND COMMUNITY CORRECTIONS BOARD"; TO AMEND SECTION 16-11-311, RELATING TO BURGLARY IN THE FIRST DEGREE, SO AS 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 FOR A PERSON CONVICTED THREE TIMES FOR CERTAIN CRIMES, SO AS TO REDUCE THE NUMBER OF CRIMES TO TWO IRRESPECTIVE OF WHETHER THE PRISONER IS CONSIDERED A VIOLENT OFFENDER, TO DEFINE "LIFE IMPRISONMENT", AND REQUIRE THE SOLICITOR TO GIVE NOTICE OF HIS DECISIONS TO INVOKE SENTENCING UNDER THIS PROVISION BEFORE TRIAL; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO A PRISONER'S PLACE OF CONFINEMENT, SO AS TO SUBSTITUTE "STATE CORRECTIONAL FACILITY" FOR "STATE PENITENTIARY"; TO ALLOW AN INMATE'S SENTENCE TO RUN CONCURRENTLY WITH A SENTENCE RENDERED IN ANOTHER STATE OR A SENTENCE RENDERED ON THE FEDERAL LEVEL, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO NOTIFY THE SOLICITOR, SHERIFF, JUDGE, AND REGISTERED VICTIMS BEFORE RELEASING INMATES ON WORK RELEASE, AND TO ALLOW THE DEPARTMENT TO DENY WORK RELEASE BASED ON OPINIONS RECEIVED FROM THESE INDIVIDUALS; TO AMEND SECTION 24-3-35, RELATING TO THE USE OF COUNTY PRISONERS FOR LITTER REMOVAL, SO AS TO MODIFY THE NUMBER OF DAYS A SENTENCE MAY BE REDUCED FOR LITTER REMOVAL WORK PERFORMED AND PROVIDE CONDITIONS FOR EARLY RELEASE OR DISCHARGE; TO AMEND SECTION 24-3-210, AS AMENDED, RELATING TO FURLOUGHS, SO AS TO REDUCE THE NUMBER OF INSTANCES IN WHICH AN INMATE MAY LEAVE A CONFINEMENT FACILITY UNACCOMPANIED; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE SALE OF PRISON-MADE PRODUCTS, SO AS TO ELIMINATE THE TERM "PAROLE"; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR GOOD BEHAVIOR, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING GOOD BEHAVIOR CREDITS, TO NOT ALLOW A REDUCTION IN SENTENCE BELOW CERTAIN MINIMUMS, TO ELIMINATE AN INMATE'S ABILITY TO HAVE SERVED A FULL SENTENCE WHEN HE HAS SERVED THE TERM FOR WHICH HE WAS SENTENCED, LESS CREDIT FOR GOOD BEHAVIOR, AND TO PROVIDE THAT CREDITS EARNED UNDER THIS SECTION MAY NOT BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR PARTICIPATION IN AN ACADEMIC, TECHNICAL, OR VOCATIONAL TRAINING PROGRAM, SO AS TO MODIFY THE PROCEDURE FOR COMPUTING ACADEMIC AND WORK CREDITS, TO REDUCE THE MAXIMUM ANNUAL CREDIT FOR BOTH WORK CREDIT AND ACADEMIC CREDIT, TO NOT ALLOW A REDUCTION IN SENTENCE BELOW CERTAIN MINIMUMS, AND TO PROVIDE NO CREDIT EARNED UNDER THIS SECTION MAY BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO MODIFY THE DEFINITION OF "ELIGIBLE INMATE"; TO AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE SHOCK INCARCERATION SELECTION COMMITTEE, SO AS TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER" AND SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; AND TO AMEND SECTION 24-13-1330, AS AMENDED, RELATING TO AN INMATE'S PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, SO AS TO MODIFY THE PROCEDURE AN INMATE IS CONSIDERED FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, TO SUBSTITUTE "DIRECTOR" FOR "COMMISSIONER", TO ELIMINATE PAROLE FOR INMATES WHO COMPLETE THE SHOCK INCARCERATION PROGRAM, BUT REQUIRE THEM TO BE RELEASED TO COMMUNITY SUPERVISION AND TO PAY RESTITUTION IF APPLICABLE; TO AMEND SECTION 24-13-1520, AS AMENDED, RELATING TO DEFINITIONS UNDER "HOME DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY PROVISION OF THE "HOME DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-19-160, AS AMENDED, RELATING TO THE PROVISIONS THAT THE COURTS' POWERS AND THE JURISDICTION OF THE PROBATION, PAROLE, AND PARDON BOARD ARE NOT AFFECTED BY THE DEPARTMENT OF CORRECTION'S TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SERVICES" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND TO ELIMINATE THE PROVISION THAT MAKES FOR PAROLE PURPOSES A SENTENCE PURSUANT TO SECTION 24-19-5, SIX YEARS; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES AND THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND SUBSTITUTE "BOARD OF PARDONS" FOR "BOARD OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE DUTIES OF THE DIRECTOR AND BOARD OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO REQUIRE THE DIRECTOR TO DEVELOP POLICIES AND PROCEDURE TO PLACE AND SUPERVISE OFFENDERS ON COMMUNITY SUPERVISION AND OTHER WORK RELEASE PROGRAMS, TO DEFINE COMMUNITY SUPERVISION AND AN INMATE'S RIGHT TO BE PLACED IN THIS PROGRAM, AND TO LIMIT THE CASES THE BOARD MUST CONSIDER; TO AMEND SECTION 24-21-30, RELATING TO THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES MEETINGS, SO AS TO ELIMINATE GRANTING PAROLE TO INMATES WHO COMMIT A CRIME AFTER JUNE 30, 1996, AND TO MODIFY THE PROCEDURE FOR GRANTING PAROLES; TO AMEND SECTION 24-21-50, RELATING TO HEARINGS, ARGUMENTS, AND APPEARANCES BEFORE THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO LIMIT THE BOARD TO CONSIDER ONLY CASES FOR PAROLE OR PARDONS; TO AMEND SECTION 24-21-60, AS AMENDED, RELATING TO PUBLIC AGENCY AND OFFICIALS COOPERATING WITH THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO ELIMINATE THE DIRECTOR OF THE BOARD'S ABILITY TO CONDUCT SURVEYS OF CORRECTIONAL FACILITIES; TO AMEND SECTION 24-21-80, AS AMENDED, RELATING TO SUPERVISION FEES PAID BY PROBATIONERS AND PAROLEES, SO AS TO INCLUDE COMMUNITY SUPERVISION IN THE PROGRAMS COVERED BY SUPERVISION FEES, TO GRANT THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION THE AUTHORITY TO DETERMINE SUPERVISION FEES, TO MAKE PAYMENT OF A SUPERVISION FEE A CONDITION OF COMMUNITY SUPERVISION, AND TO SUBSTITUTE "DEPARTMENT" FOR "BOARD" AND "COMMUNITY SUPERVISION PROGRAM" FOR "SUPERVISED FURLOUGH PROGRAM"; TO AMEND SECTION 24-21-220, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO INCLUDE COMMUNITY SUPERVISION AMONG THE PROGRAMS HE MUST EMPLOY STAFF TO CARRY OUT HIS DUTIES; TO AMEND SECTION 24-21-230, AS AMENDED, RELATING TO THE EMPLOYMENT AND TRAINING AND EXAMINING OF PROBATION AGENTS AND CLERICAL ASSISTANTS, SO AS TO FURTHER PROVIDE FOR THE TRAINING AND EXAMINATION OF CERTAIN AGENTS; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO REQUIRE PROBATION AGENTS TO PROVIDE PERSONS RELEASED ON PAROLE OR COMMUNITY SUPERVISION A WRITTEN STATEMENT OF THE TERMS OF THEIR RELEASE AND MAINTAIN CONTACT WITH AND ENCOURAGE THOSE IN COMMUNITY SUPERVISION TO IMPROVE THEIR CONDUCT AND CONDITION, AND TO MAKE PROBATION AGENTS OFFICIAL REPRESENTATIVES OF THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND THE BOARD OF PARDONS; TO AMEND SECTION 24-21-300, RELATING TO THE ISSUING OF A CITATION AND AFFIDAVIT THAT A PERSON RELEASED PURSUANT TO THE PRISON OVERCROWDING ACT IS IN VIOLATION OF HIS TERMS OF RELEASE, SO AS TO ALLOW PROBATION AGENTS TO ISSUE CITATIONS AND AFFIDAVITS TO COMMUNITY SUPERVISION RELEASEES AND TO SUBSTITUTE "OFFENDER MANAGEMENT SYSTEMS ACT" FOR "PRISON OVERCROWDING POWERS ACT"; TO AMEND SECTION 24-21-910, RELATING TO THE DUTY OF THE PROBATION, PAROLE, AND PARDON SERVICES BOARD WITH RESPECT TO REPRIEVES OR COMMUTATION OF DEATH SENTENCES, SO AS TO SUBSTITUTE "BOARD OF PARDONS" FOR "PROBATION, PAROLE, AND PARDON SERVICES BOARD"; TO AMEND SECTION 24-21-950, RELATING TO GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDONS, SO AS TO ELIMINATE ELIGIBILITY FOR A PARDON TO PERSONS DISCHARGED FROM A SENTENCE WITHOUT BENEFIT OF PAROLE, PAROLEES, AND INMATES WHO BEFORE PAROLE ELIGIBILITY MUST PRODUCE EVIDENCE COMPRISING THE MOST EXTRAORDINARY CIRCUMSTANCES, AND TO ALLOW PERSONS DISCHARGED FROM A SENTENCE WITHOUT BENEFIT OF SUPERVISION BE CONSIDERED FOR A PARDON UPON THE REQUEST OF THE INDIVIDUAL ANYTIME AFTER DISCHARGE; TO AMEND SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION SYSTEM, SO AS TO ELIMINATE PAROLEES FROM THE CASE CLASSIFICATION SYSTEM; TO AMEND SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO SUBSTITUTE "SUPERVISED PRISONERS" FOR "PAROLEES", TO INCLUDE COMMUNITY SUPERVISION PROGRAMS IN THE COMMUNITY CORRECTIONS PLAN, SUBSTITUTE "STATE PROBATION AGENTS" FOR "STATE PROBATION AND PAROLE AGENTS", AND TO SUBSTITUTE "COMMUNITY SUPERVISION" FOR "PAROLE"; TO AMEND SECTION 24-23-40, AS AMENDED, RELATING TO THE DEVELOPMENT OF A COMMUNITY CORRECTIONS PLAN, SO AS TO INCLUDE COMMUNITY SUPERVISION RELEASEES AMONG INDIVIDUALS OBTAINING TREATMENT UNDER THE PLAN AND TO ELIMINATE THE CONDUCT OF RESEARCH AND SPECIAL STUDIES ON THE ISSUE OF PAROLE OUTCOMES BY THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND SECTION 24-23-115, AS AMENDED, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; TO AMEND SECTION 24-23-130, AS AMENDED, RELATING TO THE TERMINATION OF SUPERVISION OF A PROBATIONER UPON RECOMMENDATION OF THE RESPONSIBLE COUNTY PROBATION OFFICE, SO AS TO ESTABLISH THE CONDITIONS A PRISONER UNDER COMMUNITY SUPERVISION MAY BE TERMINATED FROM SUPERVISION, AND TO ELIMINATE THE TWO-YEAR PERIOD A PROBATIONER OR SUPERVISED PRISONER MUST WAIT AFTER SATISFACTORILY COMPLETING THE CONDITIONS OF HIS PROBATION OR COMMUNITY SUPERVISION TO BECOME ELIGIBLE FOR TERMINATION OF SUPERVISION; TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS AS A CONDITION OF PROBATION AND SUPERVISION FROM RELEASE FROM PRISON, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", AND TO SUBSTITUTE "TREASURER" FOR "TREASURY"; TO REPEAL ARTICLE 7 OF CHAPTER 21 OF TITLE 24, RELATING TO PAROLE AND RELEASE FOR GOOD CONDUCT; SECTION 24-1-200, RELATING TO THE DIRECTOR OF THE DEPARTMENT OF CORRECTION'S ABILITY TO INQUIRE INTO INMATE'S SENTENCES, THE CONDITIONS UNDER WHICH INMATES ARE CONFINED AND RECOMMENDATIONS FOR CLEMENCY; SECTION 24-3-40, RELATING TO THE DISPOSITION OF WAGES OF PRISONERS ALLOWED TO WORK AT PAID EMPLOYMENT; SECTION 24-3-50, RELATING TO THE PENALTY FOR A PRISONER'S FAILURE TO REMAIN WITHIN EXTENDED LIMITS OF HIS CONFINEMENT; SECTION 24-13-60, RELATING TO THE REQUIREMENT THAT CLERKS OF COURT MUST NOTIFY THE DEPARTMENT OF CORRECTIONS OF THE NUMBER OF PERSONS CONVICTED EACH TERM; SECTION 24-13-270, RELATING TO THE PREMATURE RELEASE OF PRISONERS; SECTION 24-13-710, RELATING TO THE IMPLEMENTATION OF GUIDELINES AND ELIGIBILITY CRITERIA FOR THE SUPERVISED FURLOUGH PROGRAM; AND SECTION 24-13-720, RELATING TO INMATES WHO MAY BE PLACED IN A SUPERVISED FURLOUGH PROGRAM; AND TO DIRECT THE CODE COMMISSIONER TO MAKE APPROPRIATE REVISIONS TO THE CODE.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. The 1976 Code is amended by adding:

"Section 24-13-100. Notwithstanding another provision of law, no prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including those prisoners serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is eligible for work release until the prisoner has served not less than:

(1) seventy percent of the term of imprisonment imposed if the prisoner committed a `violent' crime as defined under Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or

(2) sixty percent of the term of imprisonment imposed if the prisoner is considered `nonviolent' as defined under Section 16-1-70."

SECTION 2. The 1976 Code is amended by adding:

"Section 24-13-150. Notwithstanding another provision of law, a prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision until the prisoner has served eighty-five percent of the term of imprisonment imposed if the offender committed a `violent' crime as defined in Section 16-1-60, irrespective of whether the prisoner is considered a violent offender.

This percentage must be calculated without the application of earned work credits, education credits, and good time credits."

SECTION 3. The 1976 Code is amended by adding:

"Section 24-13-175. Notwithstanding another provision of law, sentences imposed and time served must be computed based upon a three hundred and sixty-five day year."

SECTION 4. The 1976 Code is amended by adding:

"Section 24-21-560. All sentences involving incarceration for crimes committed on or after July 1, 1996 include the incarceration period and up to two years community supervision. All prisoners who commit a crime on or after July 1, 1996, must satisfactorily complete a community supervision program operated by the Department of Probation and Community Supervision. This program must last no more than two years at the sole discretion of the department. No civil liability shall attach to the department or any of its employees based on the exercise of this discretion. The court shall determine when a prisoner fails to complete this program or whether a prisoner's community supervision should be revoked. 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. If the supervision is revoked, the prisoner shall return to prison to serve up to one year without any credits and then return to community supervision. While under community supervision, prisoners are not eligible to earn any type of credits. All decisions made by the department or the court in dealing with community supervision are final, with no right of appeal. A convict must not be released into the community without having satisfactorily completed a period of community supervision. If the prisoner does not complete the community supervision, he must be returned to prison for up to one year and then placed back on community supervision until he satisfactorily completes it or his community supervision is revoked. This process will continue until the prisoner has satisfactorily completed community supervision. The prisoner must successfully complete community supervision in order to be released from the criminal justice system. Successful completion of the community supervision program satisfies the prisoner's sentence.

The Department of Corrections shall notify the Department of Probation and Community Supervision of the projected release date of inmates one hundred eighty days in advance. For offenders sentenced to one hundred eighty days or less, the Department of Corrections shall notify immediately the Department of Probation and Community Supervision.

The Department of Probation and Community Supervision shall notify victims pursuant to Section 16-3-1530(c) and the sheriff's office of the place where the prisoner is to be released when he is released to community supervision."

SECTION 5. 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, Pardon and Parole Community Supervision"

SECTION 6. 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, Pardon and Parole Community Supervision created pursuant to Section 1-30-85 by the director of the former Department of Probation, Pardon and Parole;"

SECTION 7. 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 shall must be administered as part of the Department of Probation, Pardon and Parole Community Supervision:

Department of Probation, Pardon and Parole, formerly provided for at Section 24-21-10, et seq."

SECTION 8. 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 or by imprisonment for life and is not eligible for parole until the service of twenty years; provided, however, that when or by a mandatory minimum of twenty years. If the State seeks the death penalty and an aggravating circumstance is specifically found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the court must impose a sentence of life imprisonment without eligibility for parole until the service of thirty years or a mandatory minimum of thirty years. For purposes of this section, `life' means until death. Provided, further, that Under no circumstances may a female who is pregnant with child be executed so long as she is in that condition pregnant. When the Governor commutes a sentence of death under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole. No person sentenced under the provisions of this subsection may receive any work-release credits, good-time credits, or any other credit that would reduce the mandatory imprisonment required by this subsection.

(B) Upon conviction or adjudication of guilt of a defendant of murder, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death, or life imprisonment, or a mandatory minimum sentence. The proceeding shall 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 shall must be conducted before the court. 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 made known to informed the defendant in writing prior to before the trial shall be is admissible. This section shall must not be construed to authorize the introduction of any evidence secured in violation of the Constitutions of the United States or the State of South Carolina or the applicable laws of either. The State, the defendant, and his counsel shall be 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, any mitigating circumstances otherwise authorized or allowed by law and any of the following statutory aggravating and mitigating circumstances which may be supported by the evidence:

(a) 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; or

(h) physical torture.

(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 aggravating and mitigating circumstances shall must be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be is a recommendation of death, shall designate in writing, and signed by all members of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding an aggravating circumstance or circumstances beyond a reasonable doubt, shall designate, in writing, and signed by all members of the jury, designate the aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases the judge shall make such makes the designation. Unless at least one of the statutory aggravating circumstances enumerated in this section is so found, the death penalty shall must not be imposed.

Where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. The trial judge, prior to 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 another arbitrary factor. Where a sentence of death is not recommended by the jury, the court shall sentence the defendant to life imprisonment or a mandatory minimum of thirty years as provided in subsection (A). In the event that all 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 or a mandatory minimum of thirty years as provided in subsection (A). Before dismissing the jury, the trial judge shall question the jury as to whether or not it found an aggravating circumstance or circumstances beyond a reasonable doubt. If the jury has found an 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.

(D) Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment any a person called as a juror shall must be examined by the attorney for the defense.

(E) In every 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 therein 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."

SECTION 9. Section 16-3-625 of the 1976 Code is amended to read:

"Section 16-3-625. Any A person seventeen years of age or older who resists the lawful efforts of a law enforcement officer to arrest him or her or any other another person with the use or threat of use of any a deadly weapon against the officer, when such and the person is in possession or claims to be in possession of a deadly weapon, shall be deemed is guilty of a felony and, upon conviction, shall must be punished by imprisonment for imprisoned not more than ten nor less than two years. No sentence imposed hereunder for a first offense shall may 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 sentence imposed under this section for a second or subsequent offense shall have such sentence may be suspended to less than two years nor shall such person be eligible for parole until after service of two years.

As used in this section `deadly weapon' shall mean means a shotgun, rifle, pistol, or knife.

This section shall in no manner does not affect or replace the common law crime of assault and battery with intent to kill nor shall does it apply if the sentencing judge, in his discretion, elects to sentence an eligible defendant under the provisions of the `Youthful Offenders Act'."

SECTION 10. Section 16-3-1260 of the 1976 Code is amended to read:

"Section 16-3-1260. (1) Any A payment of benefits to, or on behalf of, a victim or intervenor, or eligible family member under this article shall create creates a debt due and owing to the State by any a person found in as determined by a court of competent jurisdiction of this State, to have who has committed such the criminal act.

(2) The circuit court, when placing on probation any 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 also set the schedule or amounts of payments subject to modification based on change of circumstances.

(3) The Department of Parole and Community Corrections shall also have the right to make payment of the debt or a portion of the debt to the State a condition of parole.

(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 Victim's Compensation Fund 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 so ordered may be made a condition of probation as provided in Section 20-7-1330.

(5)(4) Payments authorized or required under this section must be paid to the Victim's Compensation Fund State Office of Victim Assistance. The Director of the Victim's Compensation Fund State Office of Victim Assistance shall coordinate the development of policies and procedures for the South Carolina Department of Corrections, the South Carolina Office of Court Administration, and the South Carolina Board Department of Parole Probation and Community Corrections Supervision to assure that victim restitution programs are administered in an effective manner to increase payments into the Compensation Fund State Office of Victim Assistance.

(6)(5) Restitution payments to the Victim's Compensation Fund 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 shall must not be used for this purpose if such monthly wages are at or below minimums required to purchase basic necessities."

SECTION 11. The first paragraph of Section 16-3-1530 of the 1976 Code, as last amended by Act 68 of 1991, is further amended to read:

"Victims and witnesses who wish to receive notification and information shall provide the solicitor, the Department of Corrections, and the Department of Probation, Parole and Pardon Services Community Supervision their current address and telephone number. This information, as it is contained in Department of Corrections and Department of Probation, Parole and Pardon Services Community Supervision 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 Community Supervision and the Department of Corrections."

SECTION 12. 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 or parole, 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."

SECTION 13. 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 those cases which 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 prior to 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 and to the Parole and Community Corrections Board Department of Probation and Community Supervision. Solicitors shall begin using these victim impact statements no later than January 1, 1985."

SECTION 14. 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 therein in the dwelling, and either:

(1) when, in effecting entry or while in the dwelling or in immediate flight therefrom, he or another participant in the crime:

(a) is armed with a deadly weapon or explosive; or

(b) causes physical injury to any 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; provided, that the. 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, provided, that no person convicted of burglary in the first degree shall be eligible for parole except upon service of not less than one-third of the term of the sentence."

SECTION 15. Section 17-25-45 of the 1976 Code is amended to read:

"Section 17-25-45. (1) A.(A) (1) Notwithstanding any other another provision of law, any a person who has three two convictions under the laws of this State, any other another state, or the United States, for a violent crime as defined in Section 16-1-60, irrespective of whether the prisoner is considered a violent offender, except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such a violent crime, must be sentenced to life imprisonment without parole. For purposes of this section `life imprisonment' means until death.

B.(2) For the purpose of this section only, a conviction is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three must be determined in a like manner.

(2)(B) The decision to invoke sentencing under subsection (1)(A) shall be is in the discretion of the solicitor. Notice must be given by the solicitor before trial."

SECTION 16. 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) Notwithstanding the provisions of Section 24-3-10, any a person convicted of an offense against the State of South Carolina and committed to the State Penitentiary at Columbia shall a state correctional facility must be in the custody of the South Carolina Department of Corrections of the State of South Carolina, and the director shall designate the place of confinement where the sentence shall 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 State department of Corrections or otherwise. Provided, that if If the facility is not maintained by the department, the consent of the sheriff of the county wherein where the facility is located must first be obtained.

The department shall notify the trial solicitor, sheriff, judge, and victims registered pursuant to Section 16-3-1530(c) before releasing inmates on work release. The department shall have the authority to deny release based upon the opinions received.

(b)(B) When the director determines, after the minimums provided in Section 24-13-100 have been served, that the character and attitude of a prisoner reasonably indicates that he may be so trusted, it 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) such 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.

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, lewd act on a child, engaging a child for sexual performance, or spousal sexual battery.

(c)(C) Notwithstanding the provisions of Section 24-3-10 or any other provisions 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. Provided, however, that the The department of Corrections 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 shall 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 of Corrections 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 of Corrections shall make every effort to minimize not only inmate idleness but also occupation in marginally productive pursuits. The State Budget and Control Board and the Governor's Office shall comment in writing to the department concerning any necessary alterations in this plan.

(d)(D) The department of Corrections may establish a restitution program for the purpose of allowing persons convicted of nonviolent offenses who are sentenced to the State department of Corrections to reimburse the victim for the value of the property stolen or damages caused by such the offense. In the event that there is If no victim is involved, the person convicted shall contribute to the administration of the program. The department of Corrections is authorized to promulgate regulations necessary to administer the program.

(e)(E) In the event that 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 South Carolina department of Corrections in the administration of the restitution program."

SECTION 17. Section 24-3-35 of the 1976 Code is amended to read:

"Section 24-3-35. The governing body of any a county in this State may allow prisoners under the county's jurisdiction who are housed in a county prison facility and who are serving a sentence of ninety days or less to perform litter removal functions within the county. The governing body of each county by ordinance shall be is authorized to and shall establish guidelines for such litter removal by prisoners, which. The guidelines shall must include a provision for a reduction of the sentence of the prisoners so used not to exceed a one three-day reduction of the sentence for each two days month of litter removal work performed. No prisoner is eligible for early release or discharge, regardless of credit received for litter removal work, until the minimum sentence requirements provided in Section 24-13-150 are met."

SECTION 18. Section 24-3-210 of the 1976 Code, as last amended by Act 477 of 1994, is further amended to read:

"Section 24-3-210. (A) The director may extend the limits of the place of confinement of a prisoner, where there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to:

(1) contact prospective employers;

(2) secure a suitable residence for use when released on parole or upon discharge;

(3) obtain medical services not otherwise available;

(4) participate in a training program in the community or any other compelling reason consistent with the public interest;

(5) visit or attend the funeral of a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person, though not a natural parent, who has acted in the place of a parent), brother, or sister.

(B) The director may extend the limits of the place of confinement of a terminally ill inmate for an indefinite length of time when there is reasonable cause to believe that the inmate will honor his trust.

(C) The wilful failure of a prisoner to remain within the extended limits of his confinement or return within the time prescribed to the places of confinement designated by the director is considered an escape from the custody of the director punishable as provided in Section 24-13-410.

(D) The director may not extend the benefits of this section to a person convicted of a violent crime as defined in Section 16-1-60 unless all of the following persons recommend in writing that the offender be allowed to participate in the furlough program in the community where the offense was committed:

(1) in those cases where, as applicable, the victim of the crime for which the offender is charged, or the relatives of the victim who have applied for notification pursuant to the provisions of Section 16-3-1530 if the victim has died;

(2) the law enforcement agency which employed the arresting officer of the offender; and

(3) the solicitor in whose circuit the offender was convicted."

SECTION 19. 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 or probation;"

SECTION 20. 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) Each A prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections including those prisoners a prisoner serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein 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 three days for each month served. However, no prisoner is entitled to a reduction below the minimums provided in Section 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 behavior credit shall be is computed.

(b)(B) Each A prisoner convicted of an offense against this State and confined in 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 wherein 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 three days for every month served. However, no prisoner is entitled to a reduction below the minimums provided in Section 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good behavior credits must be computed.

(c)(C) If, during the term of imprisonment, a prisoner commits any an offense or violates any one of the rules of the institution, all or any part of his good conduct time may be forfeited at the discretion of the Director of the Department of Corrections, if the prisoner be is confined in facilities of the department, or in the discretion of the local official having charge of prisoners sentenced to terms of imprisonment at the local level. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.

(d) Any person who has served the term 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.

(D) Credits earned under this section may not be applied in a manner which would prevent full participation in the department's prerelease and community supervision program."

SECTION 21. Section 24-13-230(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(a) The Director of the Department of Corrections may allow any a prisoner in the custody of the department, 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 computed at the rate of six days for every month he is employed or enrolled. However, no inmate serving the sentence of life imprisonment is entitled to credits under this provision. A maximum annual credit for both work credit and class credit is limited to one hundred eighty seventy-two days. However, no inmate is entitled to a reduction below the minimums provided in Section 24-13-150. 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. No credits earned under this section may be applied in a manner which would prevent full participation in the department's prerelease and community supervision program."

SECTION 22. Section 24-13-1310(1) of the 1976 Code, as last amended by Act 520 of 1992, is further amended to read:

"(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;

(d)(c) who has not been incarcerated previously in a state correctional facility or has not served a sentence previously in a shock incarceration program;

(e)(d) who physically is able to participate in the program;

(f)(e) whose sentence specifically does not prohibit the offender from participating in the shock incarceration program."

SECTION 23. Section 24-13-1320(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(B) For each reception center the commissioner director shall appoint or cause to be appointed a shock incarceration selection committee which must include at least one representative of the Department of Probation, Parole, and Pardon Services Community Supervision and which shall meet on a regularly scheduled basis to review all applications for a program."

SECTION 24. Section 24-13-1330 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-13-1330. (A) An eligible inmate may make an application to the shock incarceration screening committee for permission to participate in a shock incarceration program. If the department has a victim witness notification request for an eligible inmate who has made an application, it shall notify the victim of the application. Upon order by the court, the committee may consider an inmate for participation in the shock incarceration program. (B) The committee shall consider input received from law enforcement agencies, victims, and others in making its decision for approval or disapproval of participation. If the committee determines that an inmate's participation in a program is consistent with the safety of the community, the welfare of the applicant, and the regulations of the department, the committee shall forward the application to the director or his designee for approval or disapproval.

(C)(B) 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.'

(D)(C) 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 released to community supervision for a period of two years, notwithstanding the provisions of Section 24-21-560, and with the requirement to pay restitution, if applicable.

(E)(D) Participation in a shock incarceration program is a privilege. Nothing contained in this article confers upon an inmate the right to participate or continue to participate in a program."

SECTION 25. Section 24-13-1520(1) and (2) of the 1976 Code, as last amended by Act 181 of 1993 and Act 508 of 1994, is further amended to read:

"(1) `Department' means, in the case of a juvenile offender, the Department of Juvenile Justice and, in the case of an adult offender, the Department of Probation, Parole and Pardon Services Community Supervision, the Department of Corrections, and any other law enforcement agency created by law.

(2) `Court' means a circuit, family, magistrate's, or municipal court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services Community Supervision, the Board of Juvenile Parole, and the Department of Corrections."

SECTION 26. Section 24-13-1590(2) of the 1976 Code, as last amended by 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 Community Supervision to regulate or impose conditions for probation or parole."

SECTION 27. Section 24-19-160 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-19-160. Nothing in this chapter shall limit limits or affect affects the power of any a court to suspend the imposition or execution of any a sentence and place a youthful offender on probation.

Nothing in this chapter shall may be construed to amend, repeal, or affect the jurisdiction of the Department of Probation, Parole, and Pardon Services Board Community Supervision. For parole purposes, a sentence pursuant to Section 24-19-50 (c) shall be considered a sentence for six years."

SECTION 28. Section 24-21-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-21-10. (A) The Department of Probation, Parole and Pardon Services Community Supervision, hereafter referred to as the `department', is governed by the director of Probation, Parole and Pardon Services the department, hereafter referred to as the `director'. The director must be appointed by the Governor with the advice and consent of the Senate.

(B) The Board of Probation, Parole and Pardon Services Pardons is composed of seven members. The terms of office of the members are for six years and until their successors are appointed and qualify. 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. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms."

SECTION 29. Section 24-21-13 of the 1976 Code, as last amended by 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, and other offenders released from incarceration prior to the expiration of their sentence community supervision;

(2) the granting of paroles and pardons and the supervision and removal of offenders on community supervision and other offenders released from incarceration before the expiration of their sentence. Community supervision is a form of clemency which is decided administratively by the Department of Probation and Community Supervision. No inmate or future inmate shall have a `liberty interest' or an `expectancy of release' in community supervision. There is no right to appeal the revocation decision;

(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.; and

(5) the development of additional work release programs and the expansion of existing programs.

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, and pardon, and any other form of clemency provided for under law."

SECTION 30. Section 24-21-30 of the 1976 Code is amended to read:

"Section 24-21-30. All persons who commit a crime after June 30, 1996, are not eligible for parole consideration. For crimes committed before July 1, 1996, 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 such 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. The board may grant parole to a violent offender by a two-thirds majority vote of the full board. The board may grant parole to an offender who committed a violent crime before June 3, 1986, by a majority vote. The board may grant parole to a nonviolent offender by a unanimous vote of a three-member panel or by a majority vote of the full board."

SECTION 31. 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 any a case for parole, or pardon or any other form of clemency provided for under law."

SECTION 32. 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. Every 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 the State Penitentiary, 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."

SECTION 33. Section 24-21-80 of the 1976 Code, as last amended by Section 26, Part II, Act 164 of 1993, is further amended to read:

"Section 24-21-80. Every person granted parole by the board and every An adult placed on probation, parole, or community supervision by a court of competent jurisdiction 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 and Community Supervision 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 parole or probation, parole, or community supervision and a delinquency of two months or more in making payments may operate as a revocation of parole or probation rendering the violator liable to serving out any remaining part of his sentence, after determination by the board or the court.

If a probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board department places a parolee under intensive supervision, or if an inmate who is participating in the Supervised Furlough Program is placed community supervision program under intensive supervision, the probationer, parolee, or inmate 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 if the department determines 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."

SECTION 34. 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 shall be is vested with the exclusive management and control of the department and shall be 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 shall be 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, and 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."

SECTION 35. 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 such probation agents as required for service in the State and such clerical assistants as may be necessary. Such The probation and parole agents must take and pass such psychological and qualifying examinations as directed by the director. The director must ensure that each probation agent receives adequate training. Until such the initial employment requirements are met, no person may take the oath of a probation agent nor exercise the authority granted thereto to them."

SECTION 36. 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, or 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, or 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, and parole, and community supervision, and investigation and supervision, he is regarded as the official representative of the court, and the department, and the board."

SECTION 37. 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 and parole agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or community supervision releasee, or any a person released or furloughed under the Prison Overcrowding Powers 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, 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 probationer's, parolee's, or released or furloughed 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 and parole agent. 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."

SECTION 38. Section 24-21-910 of the 1976 Code is amended to read:

"Section 24-21-910. The Probation, Parole, and Pardon Services Board of Pardons 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 such the petitions. The Governor may or may not adopt such 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 such petition without reference to the board."

SECTION 39. Section 24-21-950 of the 1976 Code is amended to read:

"Section 24-21-950. (A) The following guidelines shall must be utilized by the board when determining when an individual is eligible for pardon consideration.

A.(1) Probationers shall must be considered upon the request of the individual anytime after discharge from supervision.

B. Persons discharged from a sentence without benefit of parole shall be considered upon the request of the individual anytime after the date of discharge.

C. Parolees shall 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, shall be considered for pardon upon the request of the individual anytime after the date of discharge.

D. An inmate shall be considered for pardon prior to parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.

E.(2) The victim of a crime or any a member of a convicted person's family living within this State may petition for a pardon for any a person who is no longer an inmate or a probationer.

(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."

SECTION 40. Section 24-23-20 of the 1976 Code is amended to read:

"Section 24-23-20. The case classification plan shall must provide for case classification system consisting of the following:

(a)(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;

(b)(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;

(c)(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;

(d)(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;

(e)(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

(f)(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."

SECTION 41. Section 24-23-30 of the 1976 Code is amended to read:

"Section 24-23-30. The community corrections plan shall must include, but is not be limited to, describing the following community-based program needs:

(a)(1) an intensive supervision program for probationers and parolees supervised prisoners who require more than average supervision;

(b)(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 and parole agents for the purposes of prerelease preparation, securing employment and living arrangements, or obtaining rehabilitation services;

(c)(3) a contract rehabilitation services program whereby private and public agencies, such as the Department of Vocational Rehabilitation and 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;

(d)(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 or parole community supervision;

(e)(5) expanded use of presentence investigations and their role and potential for increasing the use of community-based programs, restitution, and victim assistance; and

(f)(6) identification of programs for youthful and first offenders."

SECTION 42. 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:

(a)(1) The department's development, implementation, monitoring, and evaluation of statewide policies, procedures, and agreements with state agencies, such as the Departments 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, and parolees, and community supervision releasees for rehabilitation services.

(b)(2) The department's 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.

(c)(3) The department's 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 parole outcomes, revocations and recidivism.

(d)(4) The department's development of adequate training and staff development for its employees."

SECTION 43. The second paragraph of Section 24-23-115 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"The Department of Probation, Parole and Pardon Services Community Supervision shall establish by regulation pursuant to the Administrative Procedures Act a definition of the term `public service work', and a mechanism for supervision of persons performing public service work."

SECTION 44. 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 or community supervision for a period of two years, the court may, with the recommendation of the agent in charge of the responsible county probation office, may terminate the probationer or supervised prisoner from supervision."

SECTION 45. 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 Community Supervision where it must be deposited in to the State treasury 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 Victim's Compensation Fund. The director shall monitor the collection and reporting of these assessments imposed as a condition of supervision and assure that they are duly transferred properly to the State Treasurer."

SECTION 46. Article 7 of Chapter 21 of Title 24, Sections 24-1-200, 24-3-40, 24-3-50, 24-13-60, 24-13-270, 24-13-710, and 24-13-720 of the 1976 Code are repealed.

SECTION 47. The Code Commissioner shall delete as funds are available all references in the Code of Laws of South Carolina, 1976, to parole except those references under the Uniform Act for Out-of-State Parolee Supervision contained in Article 9, Chapter 21, Title 24 and to change all references in the Code of Laws of South Carolina, 1976, to the "Board of Probation, Parole, and Pardon Services" and the "Probation, Parole, and Pardon Board" or to the "Department of Probation, Parole and Pardon Services" and the "Department of Probation, Pardon and Parole" to the "Board of Pardons" and the "Department of Probation and Community Supervision" respectively.

SECTION 48. Upon approval by the Governor, this act takes effect July 1, 1996, and applies to all crimes committed on or after that date.