S 1307 General Bill, By McConnell

Similar(H 4847)
 A Bill to amend Section 24-21-410, Code of Laws of South Carolina, 1976,
 relating to certain courts' authority to grant a probationary sentence, or
 impose a fine and a probationary sentence for certain offenses, so as to
 provide that probation is a form of clemency; and to amend Section 24-21-430,
 as amended, relating to the conditions of probation a court may impose, so as
 to provide that the Director of the Department of Probation, Parole and Pardon
 Services shall develop policies and procedures for imposing conditions of
 supervision on probationers.

   03/28/96  Senate Introduced and read first time SJ-5
   03/28/96  Senate Referred to Committee on Judiciary SJ-5

A BILL

TO AMEND SECTION 24-21-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CERTAIN COURTS' AUTHORITY TO GRANT A PROBATIONARY SENTENCE, OR IMPOSE A FINE AND A PROBATIONARY SENTENCE FOR CERTAIN OFFENSES, SO AS TO PROVIDE THAT PROBATION IS A FORM OF CLEMENCY; AND TO AMEND SECTION 24-21-430, AS AMENDED, RELATING TO THE CONDITIONS OF PROBATION A COURT MAY IMPOSE, SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES SHALL DEVELOP POLICIES AND PROCEDURES FOR IMPOSING CONDITIONS OF SUPERVISION ON PROBATIONERS.

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

SECTION 1. Section 24-21-410 of the 1976 Code is amended to read:

"Section 24-21-410. After conviction or plea for any offense, except a crime punishable by death or life imprisonment, the judge of any a court of record with criminal jurisdiction at the time of sentence may suspend the imposition or the execution of a sentence and place the defendant on probation or may impose a fine and also place the defendant on probation. Probation is a form of clemency."

SECTION 2. The first paragraph of Section 24-21-430 of the 1976 Code is amended to read:

"The court shall determine and may impose by order duly entered and may at any time modify the conditions of probation and may include among them any of the following or any other condition not herein prohibited in this section. To effectively supervise probationers, the director shall develop policies and procedures for imposing conditions of supervision on probationers. These conditions may enhance but must not diminish court imposed conditions."

SECTION 3. This act takes effect upon approval by the Governor.