H 5013 Session 110 (1993-1994)
H 5013 General Bill, By H.H. Clyborne, Allison, B.O. Baker, H. Brown, Cato,
C.D. Chamblee, Cooper, R.S. Corning, J.L.M. Cromer, Fair, R.C. Fulmer, Gamble,
L.O. Graham, H.M. Hallman, Harrell, Harrison, Haskins, T.E. Huff, H.G. Hutson,
M.F. Jaskwhich, Keegan, Kelley, Klauber, Koon, Lanford, Law, Littlejohn,
C.V. Marchbanks, Meacham, Richardson, Riser, Robinson, Sharpe, Simrill,
R. Smith, D. Smith, Stille, C.H. Stone, Stuart, P.H. Thomas, Townsend, Vaughn,
D.C. Waldrop, Walker, C.C. Wells, Wilkins, Witherspoon, S.S. Wofford,
D.A. Wright and Young-Brickell
A Bill to enact The South Carolina Criminal Justice Reform Act of 1994.-short
title
04/05/94 House Introduced and read first time HJ-40
04/05/94 House Referred to Committee on Judiciary HJ-49
A BILL
TO ENACT THE SOUTH CAROLINA CRIMINAL JUSTICE
REFORM ACT OF 1994; TO AMEND THE CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING SECTION 17-25-40 SO AS
TO PROVIDE THAT A PERSON WHO COMMITS A CRIME WHILE
ON BOND FOR ANOTHER OFFENSE AND IS SUBSEQUENTLY
CONVICTED OF THE CRIME HE COMMITTED WHILE ON BOND
SERVES CONSECUTIVE SENTENCES INSTEAD OF
CONCURRENT SENTENCES; BY ADDING SECTION 24-13-100 SO
AS TO PROVIDE THE TIME A PRISONER MUST SERVE BEFORE
HE IS ELIGIBLE FOR WORK RELEASE; BY ADDING SECTION
24-13-150 SO AS TO PROVIDE THE TIME A PRISONER MUST
SERVE BEFORE HE IS ELIGIBLE FOR EXTENDED WORK
RELEASE AND COMMUNITY SUPERVISION; BY ADDING
SECTION 24-13-175 SO AS TO PROVIDE FOR THE TIME
COMPUTATION OF SENTENCES IMPOSED; TO AMEND
SECTION 16-1-20, AS AMENDED, RELATING TO THE
PENALTIES FOR CLASSES OF FELONIES AND
MISDEMEANORS, SO AS TO PROVIDE THAT THE MINIMUM
TERMS OF IMPRISONMENT DO NOT APPLY UNLESS THE
OFFENSE CONTAINS A MANDATORY MINIMUM TERM OF
IMPRISONMENT; TO AMEND SECTION 16-1-57, AS AMENDED,
RELATING TO THE CLASSIFICATION OF THIRD OR
SUBSEQUENT CONVICTION OF CERTAIN PROPERTY CRIMES,
SO AS TO CHANGE THE CLASSIFICATION FOR SENTENCING
PURPOSES TO APPLY FOR SECOND OR SUBSEQUENT
CONVICTIONS; TO AMEND SECTION 16-1-60, AS AMENDED,
RELATING TO VIOLENT CRIMES DEFINED, SO AS TO CLARIFY
THE DEGREES FOR CERTAIN OFFENSES, TO ADD ADDITIONAL
CRIMES, AND TO DELETE CERTAIN PROVISIONS; TO AMEND
SECTION 16-3-20, AS AMENDED, RELATING TO THE
PUNISHMENT FOR MURDER, SO AS TO CLARIFY "LIFE
IMPRISONMENT" AND TO PROVIDE FOR IMPRISONMENT
FOR THIRTY YEARS AS AN ADDITIONAL OPTION FOR
SENTENCING; TO AMEND SECTION 16-3-625, AS AMENDED,
RELATING TO THE DEFINITION OF "DEADLY
WEAPON" AND SENTENCING OF RESISTING ARREST
WITH A DEADLY WEAPON, SO AS TO DELETE THE MINIMUM
TERM OF IMPRISONMENT AND TO CLARIFY OTHER
LANGUAGE; TO AMEND SECTION 16-3-740, RELATING TO
TESTING OF CERTAIN CONVICTED SEX OFFENDERS FOR
HUMAN IMMUNODEFICIENCY VIRUS, SO AS TO REQUIRE
TESTING IN CASES INVOLVING JUVENILES AND UPON THE
REQUEST OF CERTAIN PERSONS, AND TO PROVIDE FOR
COUNSELING IF APPROPRIATE; TO AMEND SECTION
16-3-1070, AS AMENDED, RELATING TO THE CRIME OF
STALKING, SO AS TO DELETE PROVISIONS RELATING TO
TEMPORARY RESTRAINING ORDERS, TO CLARIFY CERTAIN
DEFINITIONS, AND INCREASE THE PENALTIES; TO AMEND
SECTION 16-3-1260, AS AMENDED, RELATING TO THE
REIMBURSEMENT TO THE STATE BY A CONVICTED PERSON
FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND,
SO AS TO DELETE PROVISIONS RELATING TO PAYMENT AS A
CONDITION FOR PAROLE AND TO CHANGE THE NAME OF
THE FUND TO CONFORM WITH RESTRUCTURING OF STATE
GOVERNMENT; TO AMEND SECTION 16-3-1530, AS AMENDED,
RELATING TO THE VICTIM'S AND WITNESS'S BILL OF RIGHTS,
SO AS TO CHANGE THE NAME OF THE "DEPARTMENT OF
PROBATION, PAROLE AND PARDON SERVICES" TO
"DEPARTMENT OF PROBATION, PARDON SERVICES, AND
COMMUNITY SUPERVISION AND TO DELETE THE
REQUIREMENT OF RESTITUTION AS A CONDITION OF
PAROLE; TO AMEND SECTION 16-3-1550, AS AMENDED,
RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO
CHANGE THE NAME OF THE "PAROLE AND COMMUNITY
CORRECTIONS BOARD" TO "DEPARTMENT OF
PROBATION, PARDON SERVICES, AND COMMUNITY
SUPERVISION; TO AMEND SECTION 16-11-311, RELATING TO
FIRST DEGREE BURGLARY, SO AS TO DELETE PROVISIONS
ALLOWING PAROLE UPON SERVICE IF ONE THIRD OF THE
TERM OF IMPRISONMENT IMPOSED; TO AMEND SECTION
16-11-330, AS AMENDED, RELATING TO ARMED ROBBERY, SO
AS TO EXPAND THE CRIMINAL CONDUCT AND TO REVISE
THE PUNISHMENT; TO AMEND SECTION 16-11-340, AS
AMENDED, RELATING TO REQUIRED PLACARDS IN RETAIL
ESTABLISHMENTS AS TO THE CONSEQUENCES OF
CONVICTION OF ARMED ROBBERY, SO AS TO REVISE THE
PLACARDS TO CONFORM TO THE PENALTY FOR ARMED
ROBBERY; TO AMEND SECTION 16-13-110, AS AMENDED,
RELATING TO SHOPLIFTING, SO AS TO PROVIDE FOR AN
INCREASE IN THE MISDEMEANOR PENALTY FOR SECOND
AND THIRD OFFENSES; TO AMEND SECTION 16-13-210, AS
AMENDED, RELATING TO THE EMBEZZLEMENT OF PUBLIC
FUNDS, SO AS TO DELETE THE MISDEMEANOR PENALTY; TO
AMEND SECTION 16-13-425, AS AMENDED, RELATING TO THE
FAILURE TO RETURN A RENTED VIDEO OR CASSETTE TAPE,
SO AS TO PROVIDE FOR THE IMPOSITION OF BOTH A FINE
AND IMPRISONMENT FOR CERTAIN VIOLATIONS; TO AMEND
SECTION 16-14-20, RELATING TO THE THEFT OF A FINANCIAL
TRANSACTION CARD, SO AS TO REVISE THE PENALTY; TO
AMEND SECTION 16-14-40, AS AMENDED, RELATING TO
FINANCIAL TRANSACTION CARD FORGERY, SO AS TO
INCREASE THE PENALTY; TO AMEND SECTION 16-14-60, AS
AMENDED, RELATING TO FINANCIAL TRANSACTION CARD
FRAUD, SO AS TO INCREASE THE PENALTY; TO AMEND
SECTION 16-14-70, AS AMENDED, RELATING TO THE
POSSESSION OF FINANCIAL TRANSACTION CARD FORGERY
DEVICES, SO AS TO INCREASE THE PENALTY; TO AMEND
SECTION 16-15-255, RELATING TO THE REQUIRED TESTING OF
CERTAIN CONVICTED SEX OFFENDERS FOR HUMAN
IMMUNODEFICIENCY VIRUS, SO AS TO REQUIRE TESTING IN
CASES INVOLVING JUVENILES AND UPON THE REQUEST OF
CERTAIN PERSONS, AND TO PROVIDE FOR COUNSELING IF
APPROPRIATE; TO AMEND SECTION 16-15-305, RELATING TO
OBSCENITY, SO AS TO INCREASE THE TERM OF
IMPRISONMENT; TO AMEND SECTION 16-23-490, RELATING
TO THE ADDITIONAL PUNISHMENT FOR POSSESSION OF
FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT
CRIME, SO AS TO INCREASE THE TERM OF IMPRISONMENT;
TO AMEND SECTION 17-25-45, RELATING TO A LIFE
SENTENCE FOR A PERSON CONVICTED THREE TIMES FOR
CERTAIN CRIMES, SO AS TO PROVIDE FOR A MANDATORY
SENTENCE UPON A THIRD OR SUBSEQUENT CONVICTION
FOR A CERTAIN SERIOUS OFFENSE AND TO PROVIDE
DEFINITIONS; TO AMEND SECTION 17-25-70, RELATING TO
THE AUTHORITY OF LOCAL OFFICIALS TO REQUIRE
ABLE-BODIED CONVICTED PERSONS TO PERFORM LABOR ON
PUBLIC WORKS OR WAYS, SO AS TO ALLOW OFFICIALS TO
PROVIDE CERTAIN EXCEPTIONS; TO AMEND SECTION
22-3-545, AS AMENDED, RELATING TO THE TRANSFER OF
CERTAIN CRIMINAL CASES FROM GENERAL SESSIONS
COURT, SO AS TO DELETE THE TIME PERIOD SO THAT THE
TRANSFER OF CASES MAY CONTINUE; TO AMEND SECTION
24-1-200, AS AMENDED, RELATING TO THE INQUIRY INTO
SENTENCES UNDER WHICH CONVICTS ARE CONFINED, SO AS
TO CHANGE THE NAME OF THE "BOARD OF PROBATION,
PAROLE AND PARDON SERVICES" TO THE "BOARD
OF PROBATION, PARDON SERVICES, AND COMMUNITY
SUPERVISION"; TO AMEND SECTION 24-3-20, AS
AMENDED, RELATING TO THE CUSTODY AND CONFINEMENT
OF A PRISONER, SO AS TO DELETE PROVISIONS FOR
EXTENDING THE PLACES OF CONFINEMENT; TO AMEND
SECTION 24-3-35, RELATING TO THE USE OF COUNTY
PRISONERS FOR LITTER REMOVAL, SO AS TO PROHIBIT THE
USE OF PRISONERS BEFORE SERVICE OF THE MINIMUM
SENTENCE; TO AMEND SECTION 24-3-210, AS AMENDED,
RELATING TO FURLOUGHS FOR QUALIFIED INMATES, SO AS
TO LIMIT THE LENGTH OF TIME OF THE FURLOUGHS; TO
AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE
SALE OF PRISON-MADE PRODUCTS ON THE OPEN MARKET,
SO AS TO DELETE PROVISIONS ON ARTICLES PRODUCED BY
PERSONS ON PAROLE; TO AMEND SECTIONS 24-7-10, 24-7-20,
24-7-30, 24-7-40 AND 24-7-50 RELATING TO COUNTY AND
MUNICIPAL CHAIN GANGS, SO AS TO CHANGE THE TERM TO
"WORK GANGS" AND TO REQUIRE UTILIZATION OF
THESE GANGS; TO AMEND SECTION 24-13-230, AS AMENDED,
RELATING TO THE REDUCTION OF SENTENCE FOR
PARTICIPATION IN CERTAIN PROGRAMS, SO AS TO PROHIBIT
PARTICIPATION UNTIL THE PRISONER HAS SERVED THE
MINIMUM TERM OF IMPRISONMENT AND TO PROVIDE FOR
COMPLETION OF THE TERM PURSUANT TO THE COMMUNITY
SUPERVISION PROGRAM; TO AMEND SECTION 24-13-650, AS
AMENDED, RELATING TO THE PROHIBITION AGAINST
RELEASE OF OFFENDER INTO COMMUNITY IN WHICH HE
COMMITTED A VIOLENT CRIME, SO AS TO INCLUDE SEX
OFFENSES IN THE PROHIBITION FOR RELEASE IN CERTAIN
COMMUNITIES; TO AMEND SECTION 24-13-710, AS AMENDED,
RELATING TO THE FURLOUGH PROGRAM, SO AS TO REVISE
THE PROGRAM TO PROVIDE FOR COMMUNITY SUPERVISION,
ALLOW REVOCATION OF PROGRAM BENEFITS TO CERTAIN
PERSONS, AND TO CHANGE THE NAME OF THE
"DEPARTMENT OF PROBATION, PAROLE AND PARDON
SERVICES TO THE "DEPARTMENT OF PROBATION,
PARDON SERVICES AND COMMUNITY SUPERVISION";
TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO
THE DEFINITIONS REFERRING TO THE SHOCK
INCARCERATION PROGRAM, SO AS TO DELETE FROM
ELIGIBILITY A PERSON WHO IS ELIGIBLE FOR PAROLE IN
TWO YEARS; TO AMEND SECTION 24-13-1320, AS AMENDED,
RELATING TO THE REGULATIONS, SELECTION COMMITTEE,
AND REPORTS OF THE SHOCK INCARCERATION PROGRAM,
SO AS TO CHANGE "COMMISSIONER" TO
"DIRECTOR" AND CHANGE THE NAME OF THE
"DEPARTMENT OF PROBATION, PAROLE AND PARDON
SERVICES" TO THE "DEPARTMENT OF PROBATION,
PARDON SERVICES, AND COMMUNITY SUPERVISION";
TO AMEND SECTION 24-13-1330, AS AMENDED, RELATING TO
INMATE PARTICIPATION IN THE SHOCK INCARCERATION
PROGRAM, SO AS TO PROVIDE FOR CONSIDERATION OF AN
INMATE UPON COURT ORDER; TO AMEND SECTION
24-13-1520, AS AMENDED, RELATING TO DEFINITIONS OF THE
HOME DETENTION ACT, SO AS TO CHANGE THE NAME OF
THE "DEPARTMENT OF PROBATION, PAROLE AND
PARDON SERVICES" TO "DEPARTMENT OF
PROBATION, PARDON SERVICES, AND COMMUNITY
SUPERVISION"; TO AMEND SECTION 24-13-1590, AS
AMENDED, RELATING TO EXCEPTIONS TO THE ARTICLE
RELATING TO HOME DETENTION, SO AS TO CHANGE THE
NAME OF THE "DEPARTMENT OF PROBATION, PAROLE
AND PARDON SERVICES" TO "DEPARTMENT OF
PROBATION, PARDON SERVICES, AND COMMUNITY
SUPERVISION; TO AMEND SECTION 24-19-160, AS AMENDED,
RELATING TO THE POWERS OF COURT AND THE
JURISDICTION OF THE DEPARTMENT OF PROBATION, PAROLE
AND PARDON SERVICES, SO AS TO DELETE PROVISIONS ON
PAROLE AND CHANGE THE NAME OF THE
"DEPARTMENT OF PROBATION, PAROLE AND PARDON
SERVICES" TO THE "DEPARTMENT OF PROBATION,
PARDON SERVICES, AND COMMUNITY SUPERVISION";
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
CHANGE THE NAME OF THE DEPARTMENT AND BOARD TO
THE "DEPARTMENT OF PROBATION, PARDON SERVICES,
AND COMMUNITY SUPERVISION" AND "BOARD OF
PROBATION, PARDON SERVICES, AND COMMUNITY
SUPERVISION"; TO AMEND SECTION 24-21-13, AS
AMENDED, RELATING TO THE DIRECTOR'S DUTIES, SO AS TO
DELETE PROVISIONS RELATING TO PAROLE AND TO
PROVIDE FOR THE DEVELOPMENT OF ADDITIONAL WORK
RELEASE PROGRAMS; TO AMEND SECTION 24-21-30,
RELATING TO MEETINGS AND PANELS OF THE BOARD OF
PROBATION, PARDON SERVICES, AND COMMUNITY
SUPERVISION, SO AS TO DELETE PROVISIONS ON PAROLE
AND ADD MATTERS RELATING TO COMMUNITY
SUPERVISION; TO AMEND SECTION 24-21-50, RELATING TO
HEARINGS BEFORE THE BOARD OF PROBATION, PARDON
SERVICES, AND COMMUNITY SUPERVISION, SO AS TO
DELETE THE PROVISIONS ON PAROLE; TO AMEND SECTION
24-21-60, AS AMENDED, RELATING TO THE COOPERATION OF
PUBLIC AGENCIES AND OFFICIALS, SO AS TO DELETE
PROVISIONS ON PAROLE; TO AMEND SECTION 24-21-80,
RELATING TO PROBATIONERS AND PAROLEES PAYING A
FEE, SO AS TO DELETE PROVISIONS ON PAROLE AND TO
CHANGE FURLOUGH TO COMMUNITY SUPERVISION; TO
AMEND SECTION 24-21-220, AS AMENDED, RELATING TO THE
POWERS AND DUTIES OF THE DIRECTOR OF THE
DEPARTMENT OF PROBATION, PARDON SERVICES, AND
COMMUNITY SUPERVISION, SO AS TO CHANGE
"PAROLE" TO "COMMUNITY
SUPERVISION"; TO AMEND SECTION 24-21-230, AS
AMENDED, RELATING TO THE EMPLOYMENT OF PROBATION
AGENTS, SO AS TO CHANGE THE TITLE OF THE
"PROBATION AGENTS" TO "PROBATION AND
COMMUNITY SUPERVISION AGENTS"; TO AMEND
SECTION 24-21-280, AS AMENDED, RELATING TO THE
GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO
AS TO INCLUDE COMMUNITY SUPERVISION AND TO CHANGE
THE TITLE OF THE AGENTS ACCORDINGLY; TO AMEND
SECTION 24-21-300, RELATING TO CITATION AND AFFIDAVIT
THAT A PERSON RELEASED PURSUANT TO THE PRISON
OVERCROWDING ACT IS IN VIOLATION OF RELEASE, SO AS
TO CHANGE "PAROLEE" TO "SUPERVISED
PRISONER" AND THE TITLE OF "PROBATION
AGENT" TO "PROBATION AND COMMUNITY
SUPERVISION AGENT"; TO AMEND SECTION 24-21-910,
RELATING TO THE DUTY OF THE BOARD WITH RESPECT TO
REPRIEVES OR COMMUTATION OF DEATH SENTENCES, SO AS
TO CHANGE THE NAME OF THE "PROBATION, PAROLE,
AND PARDON SERVICES BOARD" TO THE "BOARD
OF PROBATION, PARDON SERVICES, AND COMMUNITY
SUPERVISION; TO AMEND SECTION 24-21-950, RELATING TO
THE GUIDELINES FOR DETERMINING ELIGIBILITY FOR
PARDON, SO AS TO DELETE PROVISIONS RELATING TO
PAROLE; TO AMEND SECTION 24-23-20, RELATING TO THE
CASE CLASSIFICATION PLAN TO PROVIDE FOR CASE
CLASSIFICATION SYSTEM, SO AS TO DELETE
"PAROLEE"; TO AMEND SECTION 24-23-30,
RELATING TO COMMUNITY CORRECTIONS PLAN TO
INCLUDE DESCRIPTION OF COMMUNITY-BASED PROGRAM
NEEDS, SO AS TO CHANGE "PAROLEES" TO
"SUPERVISED PRISONERS" AND TO PROVIDE FOR
COMMUNITY SUPERVISION; TO AMEND SECTION 24-23-40, AS
AMENDED, RELATING TO THE COMMUNITY CORRECTIONS
PLAN DEVELOPMENT OF STATEWIDE POLICIES, SO AS TO
INCLUDE COMMUNITY SUPERVISION; TO AMEND SECTION
24-23-115, AS AMENDED, RELATING TO PUBLIC SERVICE
WORK AS CONDITION OF PROBATION OR SUSPENSION OF
SENTENCE, SO AS TO CHANGE THE NAME OF THE
"DEPARTMENT OF PROBATION, PAROLE AND PARDON
SERVICES" TO THE "DEPARTMENT OF PROBATION,
PARDON SERVICES, AND COMMUNITY SUPERVISION";
TO AMEND SECTION 24-23-210, AS AMENDED, RELATING TO
THE FUNDING OF THE COMMUNITY CORRECTIONS
PROGRAM, SO AS TO CHANGE THE NAME OF THE
"DEPARTMENT OF PROBATION, PAROLE AND PARDON
SERVICES" TO "DEPARTMENT OF PROBATION,
PARDON SERVICES, AND COMMUNITY SUPERVISION"
AND TO CHANGE THE NAME OF THE "VICTIM'S
COMPENSATION FUND" TO THE "STATE OFFICE OF
VICTIM ASSISTANCE"; TO AMEND SECTION 24-23-220, AS
AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS,
SO AS TO CHANGE THE NAME OF THE "DEPARTMENT OF
PROBATION, PAROLE AND PARDON SERVICES" TO THE
"DEPARTMENT OF PROBATION, PARDON SERVICES, AND
COMMUNITY SUPERVISION"; TO AMEND SECTION
44-53-370, AS AMENDED, RELATING TO CONTROLLED
SUBSTANCE VIOLATIONS AND PENALTIES, SO AS TO
PROVIDE THAT A PERSON SENTENCED TO A MANDATORY
MINIMUM OR MANDATORY TERM OF IMPRISONMENT IS NOT
ELIGIBLE FOR EARLY RELEASE PROGRAM; TO AMEND
SECTION 44-53-375, AS AMENDED, RELATING TO POSSESSION,
DISTRIBUTION, AND MANUFACTURE OF ICE, CRANK, AND
CRACK COCAINE, AND PENALTIES, SO AS TO DEFINE PRIOR
CONVICTIONS, TO PROVIDE FOR A MANDATORY MINIMUM
TERM OF IMPRISONMENT FOR CERTAIN OFFENSES, AND TO
PROVIDE THAT CERTAIN PERSONS ARE NOT ELIGIBLE FOR
EARLY RELEASE PROGRAMS; TO REPEAL ARTICLE 7,
CHAPTER 21 OF TITLE 24 RELATING TO PAROLE; TO REPEAL
SECTION 24-3-40 RELATING TO DISPOSITION OF WAGES OF
PRISONERS ALLOWED TO WORK AT PAID EMPLOYMENT; TO
REPEAL SECTION 24-3-50 RELATING TO THE PENALTY FOR
FAILURE OF PRISONER TO REMAIN WITHIN EXTENDED
LIMITS OF HIS CONFINEMENT; TO REPEAL SECTION 24-13-60
RELATING TO SCREENING OF OFFENDERS FOR POSSIBLE
PLACEMENT ON WORK RELEASE; TO REPEAL SECTION
24-13-210 RELATING TO CREDIT GIVEN CONVICTS FOR GOOD
BEHAVIOR; TO REPEAL SECTION 24-13-220 RELATING TO
TIME OFF FOR GOOD BEHAVIOR IN CASES OF COMMUTED OR
SUSPENDED SENTENCES; TO REPEAL SECTION 24-13-270
RELATING TO THE PREMATURE RELEASE OF PRISONERS; BY
ADDING SECTION 20-7-3215 SO AS TO PROVIDE FOR A SHOCK
INCARCERATION PROGRAM FOR JUVENILE OFFENDERS; TO
AMEND SECTION 16-23-430, AS AMENDED, RELATING TO
CARRYING WEAPONS ON SCHOOL PROPERTY, SO AS TO
PROVIDE ADDITIONAL PENALTIES FOR JUVENILES; TO
AMEND SECTION 20-7-400, RELATING TO THE EXCLUSIVE
ORIGINAL JURISDICTION OF FAMILY COURT, SO AS TO
PROVIDE FOR JURISDICTION OF JUVENILES WITH MENTAL
DISABILITIES; TO AMEND SECTION 20-7-410, AS AMENDED,
RELATING TO THE CONCURRENT JURISDICTION OF THE
COURTS OVER CERTAIN VIOLATIONS INVOLVING
JUVENILES, SO AS TO PROVIDE THAT THE CIRCUIT COURTS
HAVE CONCURRENT JURISDICTION WITH THE FAMILY
COURTS OVER CERTAIN JUVENILES CHARGED WITH
COMMITTING CERTAIN FELONIES; TO AMEND SECTION
20-7-430, AS AMENDED, RELATING TO THE TRANSFER OF
JURISDICTION BY CERTAIN COURTS OVER JUVENILES, SO AS
TO PROVIDE FOR JURISDICTION OF THE CIRCUIT COURTS
OVER CERTAIN CASES; TO AMEND SECTION 20-7-600, AS
AMENDED, RELATING TO THE TAKING OF A CHILD INTO
CUSTODY, SO AS TO PROVIDE FOR DETENTION OF A
JUVENILE IN A SECURE DETENTION FACILITY WHEN HE IS
CHARGED WITH CERTAIN OFFENSES AND TO PROVIDE WHEN
JUVENILE RECORDS ARE OPEN TO THE PUBLIC; TO AMEND
SECTION 20-7-630, AS AMENDED, RELATING TO JUVENILE
INTAKE, SO AS TO PROVIDE FOR THE EVALUATION OF
JUVENILES FOR TRANSFER AND ASSIGNMENT WITHIN THE
DEPARTMENT OF JUVENILE JUSTICE BASED UPON AN
OBJECTIVE STANDARD AND TO PROVIDE THAT FINAL
DETERMINATION AS TO DISPOSITION OF THE JUVENILE
MUST BE MADE BY FAMILY COURT; TO AMEND SECTION
20-7-770, AS AMENDED, RELATING TO THE RELEASE OF
JUVENILE'S ADJUDICATION FOR VIOLENT OFFENSES, SO AS
TO PROVIDE FOR THE RELEASE OF A PERSON'S JUVENILE
RECORD FOR ANY CRIME COMMITTED AND TO PROVIDE FOR
EXPUNGEMENT OF RECORDS AFTER A TEN-YEAR PERIOD
WITH CERTAIN EXCEPTIONS; TO AMEND SECTION 20-7-1330,
AS AMENDED, RELATING TO THE DISPOSITION OF FAMILY
COURT CASES AND PROCEDURES UPON COMMITTING A
CHILD TO AN INSTITUTION, SO AS TO REVISE THE
PROCEDURES USED BY THE DEPARTMENT OF JUVENILE
JUSTICE TO DETERMINE THE APPROPRIATE LEVEL OF
CUSTODY AND SUPERVISION, TO PROVIDE COURT REVIEW,
AND TO DETERMINE THE BASIS FOR RESTITUTION AND
OTHER SERVICES AVAILABLE FOR CARE AND TREATMENT
OF JUVENILES COMMITTED TO THE DEPARTMENT; TO
AMEND SECTION 20-7-2205, AS AMENDED, RELATING TO
CERTAIN JUVENILE OFFENDERS NOT TO BE COMMITTED TO
THE DEPARTMENT OF JUVENILE JUSTICE CORRECTIONAL
INSTITUTION OR SECURE EVALUATION CENTER, SO AS TO
ADD CONTEMPT OF COURT CITATIONS AS AN EXEMPTION;
TO AMEND SECTION 20-7-3200, AS AMENDED, RELATING TO
THE DIRECTOR AS CHIEF EXECUTIVE OFFICER OF
DEPARTMENT OF JUVENILE JUSTICE, SO AS TO REVISE THE
POWER TO APPOINT OR EMPLOY PERSONS TO PERFORM THE
DUTIES OF THE DEPARTMENT; BY ADDING SECTION 17-27-45
SO AS TO PROVIDE A STATUTE OF LIMITATIONS FOR
POST-CONVICTION RELIEF CASES; TO AMEND SECTION
14-7-1110, AS AMENDED, RELATING TO PEREMPTORY
CHALLENGES IN CRIMINAL CASES, SO AS TO INCREASE THE
NUMBER OF PEREMPTORY CHALLENGES FOR THE STATE; TO
AMEND SECTION 16-3-26, AS AMENDED, RELATING TO THE
PUNISHMENT FOR MURDER, SO AS TO PROVIDE FOR APPEAL
FROM AN ORDER VALIDATING FEES, COSTS AND OTHER
EXPENDITURES; TO AMEND SECTIONS 17-27-30 AND 17-27-40,
RELATING TO POST-CONVICTION RELIEF PROCEEDINGS, SO
AS TO PROVIDE FOR ORIGINAL JURISDICTION IN AND FILING
OF APPLICATION WITH THE SUPREME COURT; AND TO
REPEAL SECTION 17-27-100 RELATING TO APPEALS OF
POST-CONVICTION RELIEF PROCEEDINGS.
Be it enacted by the General Assembly of the State of South Carolina:
Part I
Criminal Law Reform
SECTION 1. This act may be cited as the "South Carolina
Criminal Justice Reform Act of 1994".
SECTION 2. The 1976 Code is amended by adding:
"Section 17-25-40. A person who commits a crime while
released on bond and is subsequently convicted for that offense must be
sentenced as provided for the offense. This term of imprisonment is
consecutive to any sentence imposed for the offense for which the
person was released on bond."
SECTION 3. 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) sixty percent of the sentence imposed if the prisoner is
considered `violent' as defined under Section 16-1-60; or
(2) fifty percent of the sentence imposed if the prisoner is considered
`nonviolent' as defined under Section 16-1-70.
This section does not apply in cases of emergency prison
overcrowding as provided under Chapter 22 of this title."
SECTION 4. 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
or discharge including, but not limited to, extended work release and
community supervision until the prisoner has served:
(1) ninety percent of the sentence imposed if the offender is
considered `violent' as defined in Section 16-1-60; or
(2) eighty percent of the sentence imposed if the offender is
considered `nonviolent' as defined in Section 16-1-70.
This section does not apply in cases of emergency prison
overcrowding as provided in Chapter 22 of this title."
SECTION 5. 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 6. Section 16-1-20(B) of the 1976 Code, as last amended by
Section 2, Act 184 of 1993, is further amended to read:
"(B) For all offenders sentenced on or after July 1, 1993, the
minimum term of imprisonment required by law does not apply to the
offenses listed in Section Sections 16-1-90 and
16-1-100 unless the offense refers to a mandatory minimum
sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and
minimum terms of imprisonment are applicable. No sentence of
imprisonment precludes the timely execution of a death sentence."
SECTION 7. Section 16-1-57 of the 1976 Code, as added by Section
7, Act 184 of 1993, is amended to read:
"Section 16-1-57. A person convicted of an offense for which
the term of imprisonment is contingent upon the value of the property
involved must, upon conviction for a third
second or subsequent offense for such the
violation involving the value of property in an equal or greater
amount, must be fined, imprisoned, or both based upon the
next higher classification above the punishment
classification provided for the principal offense."
SECTION 8. Section 16-1-60 of the 1976 Code, as last amended by
Section 8, Act 184 of 1993, is further amended to read:
"Section 16-1-60. (A) For purposes of definition
under South Carolina law a violent crime includes the offenses of
murder (Section 16-3-10); criminal sexual conduct in the first and
second degree (Sections 16-3-652 and 16-3-653); criminal sexual
conduct with minors, first and second degree (Section
16-3-655); assault with intent to commit criminal sexual conduct,
first and second degree (Section 16-3-656); assault and battery with
intent to kill (Section 16-3-620); kidnapping (Section 16-3-910);
voluntary manslaughter (Section 16-3-50); armed robbery (Section
16-11-330); drug trafficking as defined in Section
Sections 44-53-370(e) and 44-53-375(C); arson in the
first degree (Section 16-11-110(A)); burglary in the first degree (Section
16-11-311); and burglary in the second degree (Section
16-11-312(A) and (B)), engaging a child for a sexual
performance (16-3-810); accessory before the fact to commit any of the
above offenses (16-1-40); and attempt to commit any of the above
offenses (16-1-80). Only those offenses specifically enumerated in this
section are considered violent offenses.
(B) For a person to be considered guilty of a violent crime, the
offense must be defined as a violent crime pursuant to subsection (A) at
the time of the commission of the crime."
SECTION 9. 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 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 imprisonment for not less than 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. 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 imprisonment for not less than thirty
years. 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 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 one or
more aggravating circumstance or circumstances beyond a
reasonable doubt, shall, in writing, and signed by all members
of the jury, shall designate the aggravating circumstance or
circumstances it found beyond a reasonable doubt. In nonjury cases the
judge shall make such 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 arbitrary factor. Where a sentence of
death is not recommended by the jury, the court shall sentence the
defendant to life imprisonment as provided in subsection (A)
or imprisonment for not less than thirty years. In the event that
all 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 the jury and shall sentence
the defendant to life imprisonment as provided in subsection (A)
or imprisonment for not less than thirty years. 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 one or more
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 that 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 those beliefs or attitudes would
render him unable to return a verdict according to law."
SECTION 10. 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 11. Section 16-3-740 of the 1976 Code, as added by Act
490 of 1988, is amended to read:
"Section 16-3-740. Within fifteen days of the conviction
of any a person or adjudication of a juvenile under
state law for a crime involving sexual battery as defined in Section
16-3-651 or sexual conduct as defined in Section 16-3-800, if the
conduct results in the exposure of the victim to blood or vaginal or
seminal fluids of the convicted offender, at the request of the
victim or the parent or guardian of a victim who is a minor or is mentally
retarded or mentally incapacitated, the solicitor shall require that the
convicted offender or adjudicated juvenile offender be tested
for Human Immunodeficiency Virus (HIV), the virus that causes
Acquired Immunodeficiency Syndrome (AIDS). The test must be
administered by the local public health authority or the medical
professional at the prison or juvenile detention center where the
convicted offender or adjudicated juvenile offender is
imprisoned or detained. The results of the test must be reported
to the South Carolina Department of Health and Environmental Control
and to the solicitor who ordered the test. The solicitor shall notify the
victim, or the parent or guardian of a victim who is a minor or is
mentally retarded or mentally incapacitated and the convicted
sexual offender, or adjudicated juvenile offender and his
parent or guardian, of the tests results. The solicitor also shall
provide to the Department of Corrections or Department of Juvenile
Justice the result of a human immunodeficiency virus test conducted
pursuant to this section which indicates that the convicted offender or
adjudicated juvenile offender is infected with the human
immunodeficiency virus. The Department of Corrections or Department
of Juvenile Justice shall use this information solely for the purpose of
providing medical treatment to the convicted offender or adjudicated
juvenile offender while incarcerated in a state penitentiary or
correctional institution, county jail, or juvenile detection center.
The convicted offender or adjudicated juvenile offender shall
pay for the test unless he the offender is indigent, in
which case the cost of the test must be paid by the state. If the
human immunodeficiency virus test conducted pursuant to this section
indicates exposure to the human immunodeficiency virus, the
Department of Health and Environmental Control shall provide
counseling to the victim and the convicted offender or adjudicated
juvenile offender regarding human immunodeficiency virus disease,
human immunodeficiency virus testing for the victim at his or her
request, and referral for appropriate health care and support
services."
SECTION 12. Section 16-3-1070 of the 1976 Code, as last amended
by Act 184 of 1993 is further amended to read:
"Section 16-3-1070. (A) For purposes of this section:
(1) `Harasses' means a knowing and wilful course of conduct
directed at a specific person which seriously alarms, annoys, or harasses
the person and which serves no legitimate purpose. The course of
conduct must be such as would cause a reasonable person to suffer
substantial emotional distress, and must actually cause substantial
emotional distress to the person.
(2) `Course of conduct' means a pattern of conduct composed of
a series of acts over a period of time, however short, evidencing a
continuity of purpose. Constitutionally protected activity is not included
within the meaning of `course of conduct'.
(3) A `credible threat' means a threat made with the intent and the
apparent ability to carry out the threat so as to cause the person who is
the target of the threat to reasonably fear for his safety or the safety
of an immediate family member. The threat must be against the life
of, or a threat to cause great bodily injury to, a person.
(B) It is unlawful for a person to wilfully, maliciously, and
repeatedly follow or harass another person and make a credible threat
with the intent to place that person in reasonable fear of death or great
bodily injury. A person who violates the provisions of this section is
guilty of the crime of stalking which is a misdemeanor and, upon
conviction, must be imprisoned not more than one year ten
years or fined not more than one five thousand
dollars, or both.
(C) A person who violates subsection (B) when there is a
temporary restraining order or an injunction, or both, in effect
prohibiting the behavior described in subsection (B) against the same
party is guilty of stalking which is a misdemeanor and, upon conviction,
must be imprisoned not more than two years or fined not more than one
thousand dollars, or both.
(D) A person who is convicted of a second or subsequent offense for
a violation of subsection (B) within seven years of a prior conviction
under subsection (B) against the same victim and involving an act of
violence or `a credible threat' of violence, as defined in item (3) of
subsection (A), is guilty of stalking which is a misdemeanor and, upon
conviction, must be imprisoned not more than three years or fined not
more than two thousand dollars, or both.
(E) This section does not apply to conduct which occurs
during labor picketing."
SECTION 13. Section 16-3-1260 of the 1976 Code, as last amended
by Act 181 of 1989, is further 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, Pardon Services, 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 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:
"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, and 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, and Community Supervision files, is privileged and
must not be disclosed directly or indirectly, except 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 Community
Supervision and the Department of Corrections."
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 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 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 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, Pardon Services, and Community
Supervision. Solicitors shall begin using these victim impact
statements no later than January 1, 1985."
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 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. 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 18. Section 16-11-330 of the 1976 Code, as last amended
by Act 184 of 1993, is further amended to read:
"Section 16-11-330. (A) A person convicted for the crime of
robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor,
or other deadly weapon or who alleged he was armed, either by
actions or words, while using a representation of a deadly weapon or an
object which a person may reasonably believe to be a deadly weapon is
guilty of a felony and, upon conviction, must be
imprisoned:
(1) for a mandatory minimum term of ten years and not
more than thirty years, no part of which may be suspended. A person
convicted under the provisions of this subsection is not eligible for
parole until he has served at least seven years of his sentence.
(1)(2) A person under the age of twenty-one
sentenced under the provisions of Chapter 19 of Title 24 (the Youthful
Offenders Act) convicted of armed robbery shall receive and serve a
for a mandatory minimum sentence of at least three
years, no part of which may be suspended if the person is under the
age of twenty-one and sentenced under the provisions of Chapter 19 of
Title 24 (the Youthful Offenders Act). The person is not eligible
for parole or probation until he has served a three year minimum
sentence. (2) A person between the ages of twenty-one and
twenty-five, who is convicted of armed robbery, may not be sentenced
under the provisions of Chapter 19 of Title 24 (the Youthful Offenders
Act).
(B) A person convicted for attempted robbery while armed with a
pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon
or who alleged he was armed, either by actions or words, while
using a representation of a deadly weapon or an object which a person
may reasonably believe to be a deadly weapon is guilty of a felony and,
upon conviction, must be imprisoned not more than twenty
years."
SECTION 19. Section 16-11-340 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 16-11-340. The South Carolina Department of
Revenue and Taxation, with funds already appropriated to the
department, shall print and distribute to each business establishment in
this State, to which has been issued a retail sales tax license, a cardboard
placard not less than eight inches by eleven inches which shall
bear bears the following inscription in letters not less than
three-fourths inch high:
`BY ACT OF THE SOUTH CAROLINA GENERAL ASSEMBLY
ANY A PERSON CONVICTED OF ARMED
ROBBERY SHALL SERVE A SENTENCE OF NO LESS THAN
SEVEN TEN YEARS AT HARD LABOR
WITHOUT PAROLE.'
Such The placard shall must be
prominently displayed in all retail establishments to which they are
issued."
SECTION 20. Section 16-13-110(B) of the 1976 Code, as last
amended by Act 184 of 1993, is further amended to read:
"(B) A person who violates the provisions of this section is
guilty of a:
(1) (a) misdemeanor triable in magistrate's court and,
upon conviction for a first offense, must be fined not more than
five hundred dollars or imprisoned not more than thirty days
six months if the value of the shoplifted merchandise is one
thousand dollars or less.;
(b) misdemeanor triable in magistrate's court and, upon
conviction for a second offense, must be imprisoned not more than one
year if the value of the shoplifted merchandise is one thousand dollars
or less;
(c) misdemeanor triable in magistrate's court and, upon
conviction for a third offense, must be imprisoned not more than three
years if the value of the shoplifted merchandise is less than one thousand
dollars.
(2) felony and, upon conviction, must be fined not more than
one thousand dollars or imprisoned not more than five years, or both, if
the value of the shoplifted merchandise is more than one thousand
dollars but less than five thousand dollars.
(3) felony and, upon conviction, must be imprisoned not more
than ten years if the value of the shoplifted merchandise is five thousand
dollars or more."
SECTION 21. Section 16-13-210 of the 1976 Code, as last amended
by Act 184 of 1993, is further amended to read:
"Section 16-13-210. It is unlawful for an officer or other
person charged with the safekeeping, transfer, and disbursement of
public funds to embezzle these funds. A person who violates the
provisions of this section is guilty of a:
(1) felony and, upon conviction, must be fined, in the discretion of
the court, to be proportioned to the amount of the
embezzlement, and imprisoned not more than ten years if the
amount of the embezzled funds is five thousand dollars or more;
(2) felony and, upon conviction, must be fined, in the discretion of
the court, to be proportioned to the amount of embezzlement,
and imprisoned not more than five years if the amount of the embezzled
funds is more than one thousand dollars but less than five
thousand dollars;
(3) misdemeanor triable in magistrate's court if the amount of the
embezzled funds is one thousand dollars or less. Upon conviction, the
person must be fined or imprisoned not more than is permitted by law
without presentment or indictment by the grand jury.
The person convicted of a felony is disqualified from holding any
office of honor or emolument in this State; but the General Assembly,
by a two-thirds vote, may remove this disability upon payment in full of
the principal and interest of the sum embezzled."
SECTION 22. Section 16-13-425 of the 1976 Code, as last amended
by Act 184 of 1993, is further amended to read:
"Section 16-13-425. A person having a video or cassette tape
in his possession or under his control by virtue of a lease or rental
agreement, who wilfully and fraudulently fails to return the video or
cassette tape within seventy-two hours after the lease or rental agreement
has expired, or who fraudulently secretes or appropriates this property
to any use or purpose not within the due and lawful execution of his
lease or rental agreement is guilty of:
(1) petit larceny if the dollar amount of the video or cassette tape
lease or rental agreement is one thousand dollars or less. Upon
conviction, the person must be fined or imprisoned as provided for petit
larceny;
(2) grand larceny and, upon conviction, must be fined in the
discretion of the court or imprisoned not less more than
five years, or both, if the dollar amount of the video or cassette
tape lease or rental agreement is more than one thousand dollars but less
than five thousand dollars;
(3) grand larceny and, upon conviction, must be fined in the
discretion of the court or imprisoned not more than ten years, or
both, if the original dollar amount of the video or cassette tape lease
or rental agreement is five thousand dollars or more."
SECTION 23. Section 16-14-20 of the 1976 Code is amended to
read:
"Section 16-14-20. (a) A person is guilty of
financial transaction card theft when he:
(1)He takes, obtains, or withholds a financial
transaction card from the person, possession, custody, or
control of another without the cardholder's consent and with the intent
to use it; or who, with knowledge that it has been so taken,
obtained, or withheld, receives the financial transaction card
with intent to use it, or to sell it, or to transfer
it to a person other than the issuer or the cardholder;
(2)He receives a financial transaction card that he knows to
have been lost, mislaid, or delivered under a mistake as to the identity
or address of the cardholder, and who retains possession with intent to
use it, or to sell it, or to transfer it to a
person other than the issuer or the cardholder;
(3)He, is not being the issuer, and
sells a financial transaction card or buys a financial transaction card
from a person other than the issuer;
(4)He, is not being the issuer, and
during any twelve-month period, receives financial transaction cards
issued in the names of two or more persons which he has reason to know
were taken or retained under circumstances which constitute a violation
of item (3) of this section and Section 16-14-60(a)(3) and
subdivision (3) of subsection (a) of this section.
(b)Taking, obtaining or withholding a financial transaction card
without consent is included in conduct defined as grand larceny.
Conviction of A person who commits financial
transaction card theft is punishable as provided in Section
16-14-100(b) guilty of a felony and, upon conviction, must be
sentenced as provided in Section 16-14-100(b)."
SECTION 24. Section 16-14-40(e) of the 1976 Code, as added by
Act 184 of 1993, is amended to read:
"(e) A person who violates the provisions of this section is
guilty of a misdemeanor felony and, upon conviction,
must be fined not less than three thousand dollars nor more than five
thousand dollars or imprisoned not more than three five
years, or both."
SECTION 25. Section 16-14-60 of the 1976 Code, as last amended
by Act 184 of 1993, is further amended to read:
"Section 16-14-60. (a) A person is guilty of financial
transaction card fraud when, with intent to defraud the issuer, a person
or organization providing money, goods, services, or anything else of
value, or any other person, he:
(1) uses for the purpose of obtaining money, goods, services, or
anything else of value a financial transaction card obtained or retained,
or which was received with knowledge that it was obtained or retained,
in violation of Sections 16-14-20 or 16-14-40 or a financial transaction
card which he knows is forged, altered, expired, revoked, or was
obtained as a result of a fraudulent application in violation of Section
16-14-40(c);
(2) obtains money, goods, services, or anything else of value by:
a. representing without the consent of the specified cardholder
that he has permission to use it;
b. presenting the financial transaction card without the
authorization or permission of the cardholder;
c. representing that he is the holder of a card and the card has not
in fact been issued;
d. using a financial transaction card to knowingly and wilfully
exceed:
(i) the actual balance of a demand deposit account or time
deposit account;
(ii) an authorized credit line in an amount which exceeds the
authorized credit line by five hundred dollars or fifty percent of the
authorized credit line, whichever is greater, if the cardholder has not
paid to the issuer of the financial transaction card the total amount of the
excess over the authorized credit line within ten days after notice to the
cardholder by certified mail to the last known address that the credit line
has been exceeded. Failure to pay the amount in excess of the
authorized credit line after the notice, is prima facie evidence of
an intent to defraud;
(3) obtains control over a financial transaction card as security for
debt;
(4) deposits into his account or any account, by means of an
automated banking device, a false, fictitious, forged, altered, or
counterfeit check, draft, money order, or any other document not his
lawful or legal property;
(5) receives money, goods, services, or anything else of value as
a result of a false, fictitious, forged, altered, or counterfeit check, draft,
money order, or any other document having been deposited into an
account by means of an automated banking device, knowing at the time
of receipt of the money, goods, services, or item of value that the
document deposited was false, fictitious, forged, altered, or counterfeit
or that the above deposited item was not his lawful or legal property.
A person who violates the provisions of this subsection except
subsection (a)(2)d. is guilty of a misdemeanor and, upon conviction,
must be fined not more than one thousand dollars or imprisoned not
more than one year, or both, if the value of all money, goods, services,
and other things of value furnished in violation of this section or if the
difference between the value actually furnished and the value
represented to the issuer to have been furnished in violation of this
section, does not exceed five hundred dollars in any six-month period.
If the value exceeds five hundred dollars in a six-month period,
then, a person is guilty of a felony and, upon conviction,
a person must be fined not less than three thousand dollars or
more than five thousand dollars or imprisoned not more than
three five years, or both.
A person who violates the provisions of subsection (a)(2)d. is guilty
of a misdemeanor and, upon conviction, must be fined not more than one
thousand dollars or imprisoned not more than one year, or both. (b) A person who is authorized by an issuer to furnish money, goods,
services, or anything else of value upon presentation of a financial
transaction card by the cardholder, or any agent or employee of such
person is guilty of a financial transaction card fraud when, with intent to
defraud the issuer or the cardholder, he:
(1) furnishes money, goods, services, or anything else of value
upon presentation of a financial transaction card obtained or retained in
violation of Section 16-14-20, or a financial transaction card which he
knows is forged, expired, or revoked;
(2) fails to furnish money, goods, services, or anything else of
value which he represents in writing to the issuer that he has furnished.
A person who violates the provisions of this subsection is guilty of a
misdemeanor and, upon conviction, must be fined not more than one
thousand dollars or imprisoned not more than one year, or both, if the
value of all money, goods, services, and other things of value furnished
in violation of this section or if the difference between the value actually
furnished and the value represented to the issuer to have been furnished
in violation of this section, does not exceed five hundred dollars in any
six-month period. If the value exceeds five hundred dollars in a
six-month period, then, a person is guilty of a felony
and, upon conviction, a person must be fined not less than
three thousand dollars nor more than five thousand dollars or imprisoned
not more than three five years, or both.
(c) A person is guilty of financial transaction card fraud when, upon
application for a financial transaction card to an issuer, he knowingly
makes or causes to be made a false statement or report relative to his
name, occupation, financial condition, assets, or liabilities; or wilfully
and substantially overvalues any assets, or wilfully omits or substantially
undervalues any indebtedness for the purpose of influencing the issuer
to issue a financial transaction card. A person who violates the
provision provisions of this subsection is guilty of a
misdemeanor and, upon conviction, must be fined not more than one
thousand dollars or imprisoned not more than one year, or both.
(d) A cardholder is guilty of financial transaction card fraud when
he wilfully, knowingly, and with an intent to defraud the issuer, a person
or organization providing money, goods, services, or anything else of
value, or any other person, submits, verbally or in writing, to the issuer
or any other person, any false notice or report of the theft, loss,
disappearance, or nonreceipt of his financial transaction card. A person
who violates the provisions of this subsection is guilty of a misdemeanor
and, upon conviction, must be fined not more than one thousand dollars
or imprisoned not more than one year, or both.
(e) In any prosecution for violation of Section 16-14-60, the State
is not required to establish and it is no defense that some of the acts
constituting the crime did not occur in this State or within one city,
county, or local jurisdiction.
(f) For purposes of this section, revocation is construed to include
either notice given in person or notice given in writing to the person to
whom the financial transaction card or personal identification code was
issued. Notice of revocation is immediate when notice is given in
person. The sending of a notice in writing by registered or certified mail
in the United States mail, duly stamped and addressed to the person at
his last address known to the issuer, is prima facie evidence that the
notice was duly received after seven days from the date of the deposit in
the mail. If the address is located outside the United States, Puerto Rico,
the Virgin Islands, the Canal Zone, and Canada, notice is presumed to
have been received ten days after mailing by registered or certified mail.
(g) (1) A person who is authorized by an acquirer to furnish money,
goods, services, or anything else of value upon presentation of a credit
card or a credit card account number by a cardholder, or any employee
of that person, who presents to the issuer or acquirer, for payment, a
credit card transaction record of a sale, which sale was not made by that
person or employee, violates this subsection and is guilty of a
misdemeanor, felony and, upon conviction,
must be fined not less than three thousand dollars nor more than five
thousand dollars or imprisoned not more than three five
years, or both.
(2) A person without the acquirer's express authorization,
employs, or solicits authorized merchants, or any agent or employee of
the merchant, to remit to an issuer or acquirer, for payment, a financial
transaction card record of a sale, which sale was not made by the
merchant, his agent, or employee, is guilty of a felony and, upon
conviction, is punishable as provided in Section 16-14-100(b)."
SECTION 26. Section 16-14-70 of the 1976 Code, as last amended
by Act 184 of 1993, is further amended to read:
"Section 16-14-70. (A) A person is guilty of criminal
possession of financial transaction card forgery devices when:
(1) he is a person other than the cardholder and possesses two
or more incomplete financial transaction cards, with intent to complete
them without the consent of the issuer;
(2) he possesses, with knowledge of its character, machinery,
plates, or any other contrivance designed to reproduce instruments
purporting to be financial transaction cards of an issuer who has not
consented to the preparation of such financial transaction cards.
(B) A financial transaction card is incomplete if part of the matter
other than the signature of the cardholder, which an issuer requires to
appear on the financial transaction card before it can be used by a
cardholder, has not yet been stamped, embossed, imprinted, encoded, or
written upon it.
A person who violates the provisions of this section is guilty of a
misdemeanor felony and, upon conviction, must be
fined not less than three thousand dollars nor more than five thousand
dollars or imprisoned not more than three five years, or
both."
SECTION 27. Section 16-15-255 of the 1976 Code, as added by Act
490 of 1988, is amended to read:
"Section 16-15-255. Upon the conviction of any
a person or adjudication of a juvenile under state law
for a violation of Section 16-15-90, 16-15-100, 16-15-120, or
16-15-140, if the violation results in the exposure of the victim to
blood or vaginal or seminal fluids of the convicted offender, the
convicted offender or adjudicated juvenile offender, at the request
of the victim or the parent or guardian of a victim who is a minor or is
mentally retarded or mentally incapacitated, must be tested for
Human Immunodeficiency Virus (HIV), the virus that causes Acquired
Immunodeficiency Syndrome (AIDS). The test must be administered by
the local public health authority or the medical professional at the prison
or juvenile detention center if the convicted offender or
adjudicated juvenile offender is imprisoned or detained.
The results of the test must be reported to the South Carolina
Department of Health and Environmental Control, and to the
solicitor who ordered the test. The solicitor shall notify the
convicted offender, or adjudicated juvenile offender and his
parent or guardian and to any person who may have been
exposed as a direct result of the act leading to the conviction or the
parent or guardian of a victim who is a minor or is mentally retarded or
mentally incapacitated. The solicitor also shall provide to the
Department of Corrections or Department of Juvenile Justice the result
of a human immunodeficiency virus test conducted pursuant to this
section which indicates that the convicted offender or adjudicated
juvenile offender is infected with the human immunodeficiency virus.
The Department of Corrections or Department of Juvenile Justice shall
use this information solely for the purpose of providing medical
treatment to the convicted offender or adjudicated juvenile offender
while incarcerated in a state penitentiary or correctional institution,
county jail, or juvenile detection center. The convicted offender
or adjudicated juvenile offender shall pay for the test unless
he the offender is indigent, in which case the cost of the
test must be paid by the State. If the human immunodeficiency virus
test conducted pursuant to this section indicates exposure to the human
immunodeficiency virus, the Department of Health and Environmental
Control shall provide counseling to the victim and the convicted
offender or adjudicated juvenile offender regarding human
immunodeficiency virus disease, human immunodeficiency virus testing
for the victim at his or her request, and referral for appropriate health
care and support services."
SECTION 28. Section 16-15-305(H) of the 1976 Code, as added by
Act 168 of 1987, is amended to read:
"(H) A person who violates this section is guilty of a felony
and, upon conviction, must be imprisoned for not more than
three five years or fined not more than ten thousand
dollars, or both."
SECTION 29. Section 16-23-490 of the 1976 Code is amended to
read:
"Section 16-23-490. Any A person who
is convicted of committing or attempting to commit a violent crime
as defined in Section 16-1-60, if the person is in possession of a firearm
or visibly displays what appears to be a firearm or visibly displays a
knife during the commission of the violent crime, shall, in
addition to the punishment provided for the crime, must be
punished by a term of imprisonment of five for
ten years; provided, that this five-year. This
ten-year sentence does not apply in cases where the death penalty
or a life sentence without parole is imposed for the violent crime.
Service of this five-year ten-year sentence is mandatory
unless a longer mandatory minimum term of imprisonment is
provided by law for the violent crime. The court may impose this
mandatory five-year ten-year sentence to run
consecutively or concurrently. The person so sentenced under
this section is not eligible during this five-year ten-year
period for parole, work release, or extended work release. Such
five This ten years may not be suspended and the person
may not complete his term of imprisonment in less than five
ten years pursuant to good-time credits or work credits;
however, the person may earn credits during this period.
As used in this section, `firearm' means any machine gun, automatic
rifle, revolver, pistol, or any weapon which will, or is designed
to, or may readily be converted readily to expel a
projectile; `knife' means an instrument or tool consisting of a sharp
cutting blade whether or not fastened to a handle which is capable of
being used to inflict a cut, slash, or wound.
No such additional punishment may be imposed unless the
indictment alleged as a separate count that the person was in possession
of a firearm or visibly displayed what appeared to be a firearm or visibly
displays displayed a knife during the commission of the
violent crime and conviction was had upon this count in the indictment.
The penalties prescribed in this section may not be imposed unless the
person convicted was at the same time indicted at the same
time and convicted of a violent crime as defined in Section
16-1-60."
SECTION 30. Section 17-25-45 of the 1976 Code is amended to
read:
"(1)A. Notwithstanding any other provision of law, any
person who has three convictions under the laws of this State, any other
state, or the United States, for a violent crime as defined in Section
16-1-60 except a crime for which a sentence of death has been imposed
shall, upon the third conviction in this State for such crime, be sentenced
to life imprisonment without parole.
B. 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) The decision to invoke sentencing under subsection (1) shall be
in the discretion of the solicitor.
(A) As used in this section:
(1) `Most serious offense' means:
(a) those felonies enumerated in Section 16-1-90(A);
(b) those felonies enumerated in Section 16-1-60(A) not
referenced in Section 16-1-90(A);
(c) any federal or out-of-state conviction for an offense which
would be classified as a felony offense under subitems (a) and (b) above.
Most serious offense does not include a conviction or entry of a plea
of guilty or nolo contendere occurring before January 1, 1980, for the
purpose of sentencing under this section.
(2) `Serious offense' means:
(a) an offense within the jurisdiction of general sessions court,
except traffic offenses listed in Chapter 5, Title 56, but not excepting
those in Article 23, Chapter 5, Title 56 of the 1976 Code;
(b) any federal or out-of-state conviction for an offense which
would be within the jurisdiction of general sessions court had the
charges been brought in the courts of this State, except traffic offenses
listed in Chapter 5, Title 56, but not excepting those in Article 23,
Chapter 5, Title 56 of the 1976 Code.
Serious offense does not include a conviction or entry of a plea of
guilty or nolo contendere occurring before January 1, 1980, for the
purpose of sentencing under this section.
(3) `Two or more prior convictions' means the defendant has been
convicted of or entered a plea of guilty or nolo contendere to a most
serious offense on at least two separate occasions before the instant
adjudication.
(4) `Four or more prior convictions' means the defendant has been
convicted of or entered a plea of guilty or nolo contendere to a serious
offense on at least four separate occasions before the instant
adjudication.
(B) Notwithstanding other provisions of law, except in the case of
where the death penalty is imposed, upon conviction or an entry of a
plea of guilty or nolo contendere for a more serious offense, the
defendant must be imprisoned for life without eligibility for parole if the
defendant has two or more prior convictions for a most serious offense.
(C) Notwithstanding other provisions of law, except in the case of
where the death penalty is imposed, upon conviction or an entry of a
plea of guilty or nolo contendere for a most serious offense, the
defendant must be imprisoned for life and is not eligible for parole until
service of thirty years if that defendant has one prior conviction or entry
of a plea of guilty or nolo contendere for a most serious offense.
(D) Notwithstanding other provisions of law, except in the case of
where the death penalty is imposed, upon conviction or an entry of a
plea of guilty or nolo contendere for a serious offense, the defendant
must be imprisoned for life and is not eligible for parole until service of
twenty years if that defendant has four or more prior convictions for a
serious offense.
(E) A person sentenced pursuant to this section must not be
considered or granted early release pursuant to the provisions enacted to
ameliorate prison overcrowding.
(F) A presiding judge, law enforcement agency, Board of Probation,
Pardon Services, and Community Supervision, or a state or local
correctional facility may provide offenders convicted of a most serious
offense or a serious offense notice of the sentence which must be
imposed upon subsequent conviction for a most serious or serious
offense. Providing notice is not required and is within the discretion of
the individual and entities referenced. The adequacy of any notice
provided, or the failure to provide notice, is not subject to judicial
review and does not create a liability upon the State, its agencies or
departments, or any state or local political subdivision or its agents.
(G) The provisions of this section do not apply if the mandatory
minimum sentence for the instant adjudication under other provisions of
the law would exceed the provisions of this section."
SECTION 31. Section 17-25-70 of the 1976 Code is amended to
read:
"Section 17-25-70. Notwithstanding any other
another provision of law, a local governing body may authorize
the sheriff or other official in charge of this a local
correctional facility to require any able-bodied convicted person
committed to such the facility to perform labor on the
public works or ways. Any A convicted person
physically capable of performing such the labor who
refuses to obey a direct order to perform such the labor
shall is not be entitled to good behavior credits
pursuant to Section 24-13-210 or productive duty credits pursuant to
Section 24-13-230 herein; provided, however, that any.
An inmate participating in a local work punishment or other public
service sentence program shall must not be
arbitrarily removed arbitrarily from such
the program and required to perform work on the public works
or ways.
The sheriff or other official in charge of a local correctional
facility, at his discretion, may exempt a prisoner from the labor
requirement if the inmate is considered an unusually high risk for escape
or violence."
SECTION 32. Section 22-3-545(A) of the 1976 Code, as last
amended by Act 174 of 1993, is further amended to read:
"(A) Notwithstanding the provisions of Sections 22-3-540 and
22-3-550 and effective from July 1, 1993, until July 1, 1994, a
criminal case, the penalty for which the crime in the case does not
exceed five thousand dollars or one year imprisonment, or both, may be
transferred from general sessions court if the provisions of this section
are followed."
SECTION 33. Section 24-1-200 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 24-1-200. The director shall inquire and examine
into the sentences under which the convicts in the prison are confined
and also into the condition, physical, or otherwise, of
the convicts undergoing sentence and shall report to the Board
of Probation, Parole and Pardon Services, and
Community Supervision Board quarterly, on the first day of
November, February, May, and August in each year, such cases as it
may deem consider, after such examination, fit
subjects for clemency."
SECTION 34. Section 24-3-20 of the 1976 Code, as last amended by
Act 181 of 1993, 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. 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 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.
(b) When the director determines that the character and attitude
of a prisoner reasonably indicates that he may be so trusted, it 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 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.
(c)(B) 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)(C) 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 no victim 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)(D) In the event that 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 35. 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 must require
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 unless the
prisoner is exempt under other provisions of law. 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-day reduction of the
sentence for each two days 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 24-13-100 are met."
SECTION 36. Section 24-3-210 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 24-3-210. The director may extend the limits of the
place of confinement of a prisoner, as to whom 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.
The director also may similarly extend similarly 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
such the inmate will honor his trust. A prisoner
allowed to leave his confinement as provided under items (1), (2), and
(5) must return to his confinement within seventy-two hours.
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 shall be deemed is
considered an escape from the custody of the director punishable as
provided in Section 24-13-410."
SECTION 37. 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 38. Section 24-7-10 of the 1976 Code is amended to read:
"Section 24-7-10. All convicts upon whom may be imposed
sentence of labor on the highways, streets, and other public
works of a county shall must be under the exclusive
supervision and control of the county supervisor and by him.
The convicts must be formed into a county chain
work gang and required to labor on the highways, roads,
bridges, ferries, and other public works or buildings of the
county unless a convict is exempt under other provisions of
law. He The county supervisor shall direct the
time, place, and manner of labor to be performed by such
chain the work gang. But such chain The
work gang shall must not be worked in connection
with or near any road contractor or overseer. Should If
the supervisor of any a county find
finds that it is inconvenient or impracticable to work
any a convict committed to the county chain
work gang, he may turn such convict over to the
Penitentiary authorities transfer the convict pursuant to Section
24-7-90."
SECTION 39. Section 24-7-20 of the 1976 Code is amended to read:
"Section 24-7-20. The governing body of any county may,
in its discretion, must utilize the county chain
work gang in whole or in part in any kind of work
calculated to promote or conserve public health in the county or in
any community thereof in which the sentences of the
convicts on such the work gang were
pronounced."
SECTION 40. Section 24-7-30 of the 1976 Code is amended to read:
"Section 24-7-30. All convicts upon whom may be imposed
sentence of labor on the highways, streets, or other public
works of a city or town shall be are under the exclusive
supervision and control of the municipal authorities of such
the city or town or such an officer as
such appointed by the municipal authorities may
appoint and. The convicts must be formed into a city or
town chain work gang and required to labor on the
streets, lanes, alleys, drains, and other municipal works or
buildings of such the city or town, including public
parks owned and controlled by such the city or town,
whether within or without the corporate limits of such
the city or town. But such The convicts
shall must not be required to labor on any other
highways, streets, or other public works in or of the county in
which such a the city or town may be is
situated except as provided in Section 24-7-50."
SECTION 41. Section 24-7-40 of the 1976 Code is amended to read:
"Section 24-7-40. If any convicts upon whom may be imposed
sentence of labor on the highways, streets, and other public
works of a county are not formed into a county chain
work gang or are not required to labor on the highways,
streets, and other public works of a county they may
must be required to labor on the highways, streets, and
other public works of any a city or town in such
the county having a city or town chain work
gang upon such terms as may be agreed upon by and
between the governing body of such the county and the
municipal authorities of such the city or town."
SECTION 42. Section 24-7-50 of the 1976 Code is amended to read:
"Section 24-7-50. Whenever any When a
town or municipal authority in this State has does not
have a sufficient number of convicts sentenced to work on the
public works of the town to warrant the expense of maintaining a town
chain work gang, the town authorities of such
the town may must place such
the convicts on the county chain work gang for
the time so sentenced and the county authorities of the county in
which such the town is situated may
must exchange labor with such the town
authorities and place county convicts on the public works of the town for
the same number of days that town convicts work on the public works
of the county."
SECTION 43. 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 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 days. Notwithstanding
other provisions of law, no inmate is entitled to an amount of credit that
results in an earlier release than is allowed under the minimum sentence
requirements as 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. If an inmate is released early due to
credits earned from productive duty assignment, the inmate must serve
the remainder of his sentence under community supervision as provided
in Section 24-13-710."
SECTION 44. Section 24-13-650 of the 1976 Code, as last amended
by Act 471 of 1992, is further amended to read:
"Section 24-13-650. (A) No offender committed to
incarceration under Section 16-1-60 or for any other type of criminal
sexual conduct or attempted criminal sexual conduct not considered a
violent crime under Section 16-1-60 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.
(B) In addition to the requirements of subsection (A), where the
offender committed or attempted to commit criminal sexual conduct of
any degree, the solicitor of the judicial circuit in which the offender is
released under the work release program as well as the sheriff of the
county and law enforcement agency of the municipality, if any, in which
the offender is released must be notified of the offender's release and the
address where the offender is located. The provisions of this subsection
do not require the consent of these officials to the offender's work
release."
SECTION 45. Section 24-13-710 of the 1976 Code, as last amended
by Act 181 of 1993, is further amended to read:
"Section 24-13-710. (A) The Department of
Corrections and the Department of Probation, Parole and Pardon
Services, and Community Supervision shall jointly develop the
policies, procedures, guidelines, and cooperative agreement for the
implementation of a supervised furlough community
supervision program which permits carefully screened and selected
inmates who have served the mandatory minimum sentence as required
by law Section 24-3-150 or have not committed a
violent crime as defined in Section 16-1-60 nor committed 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
community supervision under the supervision of state probation
and parole community supervision 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.
(B) The department and the Department of Probation,
Parole and Pardon Services, and Community
Supervision 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
community supervision 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, and
Community Supervision who are responsible for insuring 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/and drug treatment.
(C) 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 before 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.
(D) 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 community supervision program.
These requirements do not apply to the crimes referred to in this
section.
(E) If, during the term of community supervision, a prisoner
commits an offense or violates a rule or regulation of the Department of
Corrections or the Department of Probation, Pardon Services, and
Community Supervision all or any of his early release may be forfeited
at the discretion of the Board of Probation, Pardon Services, and
Community Supervision and he may be required to serve the remainder
of his sentence in prison."
SECTION 46. 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 47. 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, and Community Supervision and which shall
meet on a regularly scheduled basis to review all applications for a
program."
SECTION 48. 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 commissioner 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
commissioner 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.
(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 49. Section 24-13-1520(1) and (2) of the 1976 Code, as
last amended by Act 181 of 1993, 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,
and Community Supervision, the Department of Corrections, and
any other law enforcement agency created by law.
(2) `Court' means a circuit or family 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, and Community Supervision, Board of Juvenile
Parole, and the Department of Corrections."
SECTION 50. 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, and Community
Supervision to regulate or impose conditions for probation or
parole."
SECTION 51. Section 24-19-160 of the 1976 Code is 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 in
anywise to amend, repeal, or affect the jurisdiction of the
Board of Probation, Parole, and Pardon
Services, Board and Community
Supervision. For parole purposes, a sentence pursuant to Section
24-19-50 (c) shall be considered a sentence for six years."
SECTION 52. 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, and 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,
and Community Supervision 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 53. 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
or community supervision, and other offenders released from
incarceration prior to before the expiration of their
sentence;
(2) the granting of paroles and pardons;
(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.
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."
SECTION 54. Section 24-21-30 of the 1976 Code is amended to
read:
"Section 24-21-30. 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 and community supervision as often as necessary to
carry out the board's responsibilities. Membership on such
the panels shall must be periodically rotated on
a random basis by the chairman. At the meetings of the panels, any
unanimous vote shall be considered is 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 A vote that is not
unanimous shall is not be considered as a
decision of the board and the matter shall must be
referred to the full board which shall decide it based on a vote of a
majority of the membership."
SECTION 55. 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, pardon or any other form of clemency provided for under
law."
SECTION 56. 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 and community supervision 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 57. Section 24-21-80 of the 1976 Code is amended to
read:
"Section 24-21-80. Every person granted parole by the
board and every An adult placed on probation by a court of
competent jurisdiction shall pay two hundred forty dollars a year toward
offsetting the cost of his supervision for so long as he remains under
supervision. This fee is due and payable on the date of sentencing or
date of parole and each subsequent anniversary for the duration of
the supervision period. This fee must be remitted for credit to the state
general fund. The payment of the fee must be a condition of parole
or probation 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, at the determination of the board or the court.
If the probationer is placed under intensive supervision by a court of
competent jurisdiction, or if the board places a parolee under
intensive supervision, or if the department places an inmate under
intensive supervision who is participating in the Supervised
Furlough Community Supervision Program as provided
in Section 24-13-710 under supervision as a result of a
prison overcrowding emergency, the probationer, parolee, or
inmate is required to pay ten dollars each week for the duration of
intensive supervision in lieu instead of the two hundred
forty dollars a year fee. Fees derived from persons under intensive
supervision must be retained in aggregate by the board to support these
supervisory efforts and fees collected in prior years from this source
must be retained and carried forward to continue the supervisory effort.
Offenders sentenced for the offense of murder, kidnapping, voluntary
manslaughter, assault and battery with intent to kill, criminal sexual
conduct in any degree, armed robbery, arson, or trafficking in drugs
pursuant to Section 44-53-370(e) are ineligible for participation in the
intensive supervision program. The board, in the cases of
parolees community supervision, or a court of
competent jurisdiction, in the case of probationers, or the department, in
the case of an inmate, may exempt the probationer, parolee
supervised prisoner, or inmate from payment of a part or all of
the yearly or weekly fee during any part or all of the term where the
board, the court, or the department determines that these payments work
a severe hardship on the parolee supervised prisoner,
probationer, or inmate. Delinquencies of two months or more in
payment of a reduced fee operates in the same manner as delinquencies
for the full amount."
SECTION 58. 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
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 59. 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 and community supervision agents as
required for service in the State and such clerical assistants as
may be necessary. Such The probation and
parole community supervision agents must take and
pass such psychological and qualifying examinations as directed
by the director. The director must ensure that each probation and
community supervision agent receives adequate training. Until
such the initial employment requirements are met, no
person may take the oath of a probation and community
supervision agent nor exercise the authority granted thereto
to them."
SECTION 60. 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 and community
supervision 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 or community
supervision under his supervision a written statement of the
conditions of probation 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
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 community supervision to bring about
improvement in their conduct and condition. A probation or
community supervision agent must keep detailed records of his
work, make reports in writing, and perform other duties as the director
may require. A probation or community supervision 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 community supervision,
and investigation and supervision, he is regarded as the
official representative of the court and the department."
SECTION 61. 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 community
supervision agent, instead of issuing a warrant, may issue a written
citation and affidavit setting forth that the probationer, parolee
supervised prisoner, 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
supervised prisoner, or the person released or furloughed, 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 supervised prisoner'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
community supervision 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 62. Section 24-21-910 of the 1976 Code is amended to
read:
"Section 24-21-910. The Board of Probation,
Parole, and Pardon Services, and Community
Supervision 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 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 63. Section 24-21-950 of the 1976 Code is amended to
read:
"Section 24-21-950. 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."
SECTION 64. 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 65. 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
community supervision agents for the purposes of pre-release
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 66. 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
community supervision 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 67. 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, and 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 68. Section 24-23-210(B) of the 1976 Code, as last
amended by Section 41A, Part II, Act 171 of 1991, is further amended
to read:
"(B) When a person is convicted, pleads guilty or nolo
contendere, and is sentenced to payment of a fine or when a person
forfeits bond to an offense within the jurisdiction of the court of general
sessions, there is imposed an assessment, in addition to any other cost or
fine imposed by law, in the sum of thirty dollars.
If an offender is sentenced to probation or imprisonment and
probation without the imposition of a fine, the assessment must be
collected by the clerk of court as a condition of probation. If a
defendant is sentenced to imprisonment and is later released to the
supervision of the Department of Probation, Parole, and Pardon
Services, and Community Supervision and has not otherwise
paid the assessment, the assessment must be collected as a condition of
supervision, regardless of the type of original sentence imposed.
In any court, when When sentencing a person
convicted of an offense which has proximately caused physical injury or
death to the victim, the court may order the defendant to pay a restitution
charge commensurate with the offense committed, not to exceed ten
thousand dollars, to the Victim's Compensation Fund State
Office of Victim Assistance. Any A circuit court
judge may waive or suspend the imposition of all or part of the
assessment made under this subsection upon finding that the assessment
would place severe financial hardship upon the offender or his
family."
SECTION 69. 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, and
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 transferred properly to the State Treasurer."
SECTION 70. The last three paragraphs of Section 44-53-370(e) of
the 1976 Code, as last amended by Act 184 of 1993, are further amended
to read:
"Sentences for a violation of the provisions of this
subsection may not be suspended and probation may not be granted.
A person convicted and sentenced under this subsection to a
mandatory minimum term of imprisonment of twenty-five years or a
mandatory term of twenty-five years or more is not eligible for parole,
extended work release, as provided for in Section 24-13-610, or
supervised furlough, as provided for in Section 24-13-710.
Notwithstanding Section 44-53-420, any a person
convicted of conspiracy pursuant to this subsection must be sentenced
as provided herein in this section with a full sentence or
punishment and not one-half of the sentence or punishment prescribed
for the offense.
The weight of any controlled substance in this subsection includes the
substance in pure form or any compound or mixture of the substance.
The offense of possession with intent to distribute described in
Section 44-53-370(a) is a lesser included offense to the offenses of
trafficking based upon possession described in this subsection."
SECTION 71. Section 44-53-375 of the 1976 Code, as last amended
by Act 184 of 1993, is further amended to read:
"Section 44-53-375. (A) A person possessing or attempting
to possess less than one gram of ice, crank, or crack cocaine, as defined
in Section 44-53-110,:
(1) for a first offense, is guilty of a felony and,
upon conviction for a first offense, must be imprisoned not more
than five years and fined not less than five thousand dollars. For a first
offense the court, upon approval of the solicitor, may require as part of
a sentence, that the offender enter and successfully complete a drug
treatment and rehabilitation program.;
(2) for a second offense or if, in the case of a first
conviction of a violation of this section, the offender has been convicted
of any of the laws of the United States or of any state, territory, or
district relating to narcotic drugs, marijuana, depressant, stimulant, or
hallucinogenic drugs, the offender is guilty of a felony and, upon
conviction, must be imprisoned not more than ten years and fined not
less than ten thousand dollars.;
(3) for a third or subsequent offense or if the offender
has been convicted two or more times in the aggregate of any of the laws
of the United States or of any state, territory, or district relating to
narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic
drugs, the offender is guilty of a felony and, upon conviction, must
be imprisoned not less than ten years nor more than fifteen years
and fined not less than fifteen thousand dollars.
(B) A person who manufactures, distributes, dispenses, delivers,
purchases, or otherwise aids, abets, attempts, or conspires to
manufacture, distribute, dispense, deliver, or purchase, or possesses with
intent to distribute, dispense, or deliver ice, crank, or crack cocaine, in
violation of the provisions of Section 44-53-370, is guilty of a felony
and, upon conviction:
(1) for a first offense, must be sentenced to a term of
imprisonment of not more than fifteen years and fined not less than
twenty-five thousand dollars;
(2) for a second offense or if, in the case of a first conviction of
a violation of this section, the offender has been convicted of any of the
laws of the United States or of any state, territory, or district relating to
narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic
drugs, the offender must be imprisoned for a mandatory minimum
term of not less than one year and not more than twenty-five years
and fined not less than fifty thousand dollars;
(3) for a third or subsequent offense or if the offender has been
convicted two or more times in the aggregate of any violation of the
laws of the United States or of any state, territory, or district relating to
narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic
drugs, the offender must be imprisoned for a mandatory minimum
term of not less than five years and not more than thirty years and
fined not less than one hundred thousand dollars.
Possession of one or more grams of ice, crank, or crack cocaine is
prima facie evidence of a violation of this subsection.
(C) A person who knowingly sells, manufactures, delivers,
purchases, or brings into this State, or who provides financial assistance
or otherwise aids, abets, attempts, or conspires to sell, manufacture,
deliver, purchase, or bring into this State, or who is knowingly in actual
or constructive possession or who knowingly attempts to become in
actual or constructive possession of ten grams or more of ice, crank, or
crack cocaine, as defined and otherwise limited in Sections 44-53-110,
44-53-210(b)(4), 44-53-210(d)(1), or 44-53-210(d)(2), is guilty of a
felony which is known as `trafficking in ice, crank, or crack cocaine'
and, upon conviction, must be punished as follows if the quantity
involved is:
(1) ten grams or more, but less than twenty-eight grams:
(a) for a first offense, a mandatory minimum term of
imprisonment of not less than three years nor more than ten years, no
part of which may be suspended nor probation granted, and a fine of
twenty-five thousand dollars;
(b) for a second offense or if, in the case of a first
conviction of a violation of this section, the offender has been convicted
of any of the laws of the United States or of any state, territory, or
district relating to narcotic drugs, marijuana, depressant, stimulant, or
hallucinogenic drugs, a mandatory minimum term of
imprisonment of not less than five years nor more than thirty years, no
part of which may be suspended nor probation granted, and a fine of
fifty thousand dollars;
(c) for a third or subsequent offense or if the offender has
been convicted two or more times in the aggregate of any of the laws of
the United States or of any state, territory, or district relating to narcotic
drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, a
mandatory minimum term of imprisonment of not less than twenty-five
years nor more than thirty years, no part of which may be suspended nor
probation granted, and a fine of fifty thousand dollars;
(2) twenty-eight grams or more, but less than one hundred grams:
(a) for a first offense, a mandatory minimum term of
imprisonment of not less than seven years nor more than twenty-five
years, no part of which may be suspended nor probation granted, and a
fine of fifty thousand dollars;
(b) for a second offense or if, in the case of a first
conviction of a violation of this section, the offender has been convicted
of any of the laws of the United States or of any state, territory, or
district relating to narcotic drugs, marijuana, depressant, stimulant, or
hallucinogenic drugs, a mandatory minimum term of
imprisonment of not less than seven years nor more than thirty years, no
part of which may be suspended nor probation granted, and a fine of
fifty thousand dollars;
(c) for a third or subsequent offense or if the offender has
been convicted two or more times in the aggregate of any of the laws of
the United States or of any state, territory, or district relating to narcotic
drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, a
mandatory minimum term of imprisonment of not less than twenty-five
years and not more than thirty years, no part of which may be suspended
nor probation granted, and a fine of fifty thousand dollars;
(3) one hundred grams or more, but less than two hundred grams,
a mandatory term of imprisonment of twenty-five years, no part of which
may be suspended nor probation granted, and a fine of fifty thousand
dollars;
(4) two hundred grams or more, but less than four hundred grams,
a mandatory term of imprisonment of twenty-five years, no part of which
may be suspended nor probation granted, and a fine of one hundred
thousand dollars;
(5) four hundred grams or more, a term of imprisonment of not
less than twenty-five years nor more than thirty years with a mandatory
minimum term of imprisonment of twenty-five years, no part of which
may be suspended nor probation granted, and a fine of two hundred
thousand dollars.
(D) Except for a first offense, as provided in subsection (A) of
this section, sentences for violation of the provisions of this section may
not be suspended and probation may not be granted. A person
convicted and sentenced under this section to a mandatory minimum
term of imprisonment of twenty-five years or a mandatory term of
twenty-five years or more is not eligible for parole, extended work
release, as provided for in Section 24-13-610, or supervised furlough, as
provided for in Section 24-13-710. Notwithstanding Section 44-53-420,
a person convicted of conspiracy pursuant to this subsection must be
sentenced as provided in this section with a full sentence or punishment
and not one-half of the sentence or punishment prescribed for the
offense."
SECTION 72. Article 7 of Chapter 21 of Title 24 and Sections
24-3-40, 24-3-50, 24-13-60, 24-13-210, 24-13-220, and 24-13-270 of
the 1976 Code are repealed.
Part II
Juvenile Justice Reform
SECTION 73. The 1976 Code is amended by adding:
"Section 20-7-3215. (A) The Department of Juvenile Justice
shall establish a self-contained residential shock incarceration type
program for juveniles adjudicated delinquent and committed to the
department. The shock incarceration program must be sixty days in
duration and must provide in a highly structured and disciplined setting,
a program of physical activity, work and drill which emphasizes
rehabilitation, education, self-sufficiency and personal development of
the juveniles, and positive active intervention and interaction between
the staff and juveniles.
(B) Juveniles adjudicated delinquent for nonviolent criminal acts
which occur in or around school property must be given priority for
transfer into the department's shock incarceration program. In addition,
to be eligible to be transferred to a shock incarceration program,
juveniles committed to the department must:
(1) be between the ages of twelve and seventeen years at the time
of commitment;
(2) have been adjudicated for a nonviolent crime or burglary in
the first or second degree;
(3) have a minimum parole guideline of twelve months or less;
(4) not have been transferred on a previous commitment to a
shock incarceration program or similar program;
(5) be physically and mentally able to participate in the program;
and
(6) not have been specifically excluded from participating in a
shock incarceration program by the family court at the time of
commitment.
(C) A juvenile may be transferred to the department's shock
incarceration program either at the time of commitment or at anytime
before the juvenile reaches his minimum parole guidelines.
(D) The director of the department shall transfer juveniles to this
program based upon the recommendation of a Shock Incarceration
Screening Committee which shall utilize a Risk Classification
Instrument in making its recommendations to the director. Juveniles
who successfully complete this sixty-day program must be granted a
conditional release from their commitment to the department. Juveniles
who fail to successfully complete this program must be transferred,
consistent with due process, to a secure correctional facility operated by
the department.
(E) Upon successful completion of this program and release of the
juvenile by the Board of Juvenile Parole, the juvenile must be placed
under intensive supervision in the juvenile's home community for up to
three months and thereafter placed on regular parole supervision.
Intensive supervision requires between four to seven contacts each week
with the juvenile by the department.
(F) Transfer to the shock incarceration program is a privilege and is
on a space available basis. A juvenile has no right to participate in a
program or to continue to participate in a program if his behavior is
inappropriate."
SECTION 74. Section 16-23-430 of the 1976 Code, as last amended
by Act 194 of 1993, is further amended to read:
"Section 16-23-430. (1) It shall be is
unlawful for any a person, except state, county,
or municipal law enforcement officers or personnel authorized by school
officials, to carry on his person, use or threaten to use, while on
any elementary or secondary school property, a knife, with a blade over
two inches long, a blackjack, a metal pipe or pole, firearms, or
any other another type of weapon, device, or
object which may be used to inflict bodily injury or death.
(2) A person who violates the provisions of this section is guilty of
a felony and, upon conviction, must be fined not more than one thousand
dollars or imprisoned not more than five years, or both. Any
A weapon or object used in violation of this section may be
confiscated by the law enforcement division making the arrest.
(3) Juveniles must spend sixty days in the shock incarceration
program pursuant to Section 20-7-3215."
SECTION 75. Section 20-7-400(A)(2) of the 1976 Code is amended
to read:
"(2) For the treatment or commitment to any
a mental institution of a mentally defective, or
mentally disordered, mentally ill, mentally retarded, or
emotionally disturbed child who is otherwise before the court on
another matter. Provided, that nothing herein Nothing
in this section is intended to conflict with the authority of probate
courts in dealing with mental cases and the family court shall follow
the applicable laws and procedures for admission, review, and discharge
of children from mental health facilities as these laws and procedures are
set forth for the probate courts of the State."
SECTION 76. Section 20-7-410 of the 1976 Code, as last amended
by Section 281, Act 181 of 1993, is further amended to read:
"Section 20-7-410. The magistrate courts and municipal
courts of this State have concurrent jurisdiction with the family courts
for the trial of persons under seventeen years of age charged with traffic
violations or violations of the provisions of Title 50 relating to fish,
game, and watercraft when these courts would have jurisdiction of the
offense charged if committed by an adult.
The circuit courts of this State have concurrent jurisdiction with
the family courts for the trial of persons sixteen years of age charged
with committing a Class A, B, C, or D felony as defined in Section
16-1-90. To invoke the jurisdiction of the circuit court, the solicitor
shall present that person for indictment before the grand jury before the
filing of a petition in family court.
The family court shall report all adjudications of juveniles for moving
traffic violations to the Department of Public Safety as required by other
courts of this State pursuant to Section 56-1-330 and adjudications of the
provisions of Title 50 to the Department of Natural Resources."
SECTION 77. Section 20-7-430 of the 1976 Code, as last amended
by Act 579 of 1990, is further amended to read:
"Section 20-7-430. Jurisdiction over a case involving a
juvenile may be transferred in the following instances:
(1) If, during the pendency of a criminal or quasi-criminal charge
against any a minor in a circuit court of this State, it
shall be is ascertained that the minor was under the age
of seventeen years at the time of committing the alleged offense, it
shall be is the duty of such the court
forthwith to transfer the case immediately, together with
all the papers, documents, and testimony connected therewith
with it, to the family court of competent jurisdiction, except in
those cases where the Constitution gives to the circuit court
exclusive has concurrent jurisdiction or in those cases
where jurisdiction has properly been transferred to the circuit court by
the family court under the provisions of this section. The court making
such the transfer shall order the minor to be taken
forthwith immediately to the place of detention
designed designated by the court or to that court itself,
or shall release such the minor to the custody of some
suitable person to be brought before the court at a time designated. The
court then shall then proceed as provided in this article.
Notwithstanding any other provision of law, the provisions of this
section shall be are applicable to all offenses embraced
therein, irrespective of whether such the offenses may
be directed solely at children coming within the scope of this article and
shall likewise be are applicable to such
offenses as shall be created in the future unless the General
Assembly shall specifically directs otherwise
direct.
(2) Whenever a person is brought before a magistrate or city
recorder and, in the opinion of the magistrate or city recorder, the person
should be brought to the family court of competent jurisdiction under the
provisions of this section, the magistrate or city recorder shall
thereupon transfer such the case to the family
court and direct that the persons involved be taken thereto
there.
(3) When an action is brought in or transferred to
any a county court or circuit court which, in the
opinion of the judge thereof, falls more appropriately
within the jurisdiction of the family court, he may transfer the action
thereto upon his own motion or the motion of any party.
(4) If a child sixteen years of age or older is charged with an
a nonviolent offense which would be a misdemeanor or
felony if committed by an adult as defined in Section
16-1-70 and if the court, after full investigation, deems
considers it contrary to the best interest of such
the child or of the public to retain jurisdiction, the court
may, in its discretion, acting as committing magistrate,
may bind over such the child for proper
criminal proceedings to any a court which would have
trial jurisdiction of such the offense if committed by an
adult.
(5) If a child fourteen or fifteen years of age or
older who has two prior and unrelated adjudications of
assault, assault and battery with intent to kill, assault and battery of
a high and aggravated nature, arson, housebreaking, burglary,
kidnapping, attempted criminal sexual conduct or robbery a
Class A, B, C, or D felony as defined in Section 16-1-90 and is
currently charged with a third or subsequent such offense, the
court, may after full investigation and hearing, if it
deems considers it contrary to the best interest of
such the child or of the public to retain jurisdiction,
acting as committing magistrate, may bind over such
the child for proper criminal proceedings to any
a court which would have trial jurisdiction of such
the offenses if committed by an adult.
(6) Within thirty days after the filing of a petition in the family court
alleging the child has committed the offense of murder,
or criminal sexual conduct, armed robbery, or assault and
battery with intent to kill, the person executing the petition may
request in writing that the case be transferred to the court of general
sessions with a view to proceeding against the child as a criminal rather
than as a child coming within the purview of this article. The judge of
the family court is authorized to determine this request. If the request is
denied, the petitioner may appeal within five days to the circuit court.
Upon the hearing of the appeal, the judge of the circuit court is vested
with the discretion of exercising and asserting the jurisdiction of the
court of general sessions or of relinquishing jurisdiction to the family
court. If the circuit judge elects to exercise the jurisdiction of the general
sessions court for trial of the case, he shall issue an order to that effect,
and then the family court has no further jurisdiction in the matter.
(7) Once the family court relinquishes its jurisdiction over the child
and the child is bound over to be treated as an adult, or in cases
where the circuit court has concurrent jurisdiction and has acquired
jurisdiction through the direct indictment of a juvenile in the circuit
court, the provisions of Section 20-7-780 dealing with the
confidentiality of identity and fingerprints will are not
be applicable.
(8) When jurisdiction is relinquished by the family court in favor of
another court, the court shall have has full authority and
power to grant bail, hold a preliminary hearing, and any
other powers as now provided by law for magistrates in
such those cases.
(9) If a child fifteen years of age or older is charged with a violation
of Section 16-23-430(1) or Section 44-53-445, the court,
may after full investigation and hearing, if it considers it contrary
to the best interest of the child or the public to retain jurisdiction, acting
as committing magistrate, may bind over the child for proper
criminal proceedings to a court which would have trial jurisdiction of the
offenses if committed by an adult."
SECTION 78. Section 20-7-600(B) of the 1976 Code, as last
amended by Section 282, Act 181 of 1993, is further amended to read:
"(B) When a child is not released pursuant to subsection (A),
the officer taking the child into custody immediately shall notify the
authorized representative of the Department of Juvenile Justice, who
shall respond within one hour to the location where the child is being
detained. Upon responding, the authorized representative of the
department shall review the facts in the officer's report or petition and
any other relevant facts and determine if there is a need for detention of
the child. The officer's written report must be furnished to the
authorized representatives of the department and must state:
(1) the facts of the offense;
(2) the reason why the child was not released to the parent.
Unless the child is to be detained, the child must be released by the
authorized representative of the department to the custody of his parents
or other responsible adult upon their written promise to bring the child
to the court at a stated time or at a time the court may direct. However,
if the offense for which the child was taken into custody is a violent
crime as defined in Section 16-1-60 or an offense which involves the
possession, use, or threatened use of a knife, blackjack, metal pipe or
pole, firearm, deadly weapon, or any object which may be used to inflict
bodily injury or death, the child may be released only by the
authorized representative of the department with the consent of the
officer who took the child into custody."
SECTION 79. Section 20-7-600(D) of the 1976 Code, as last
amended by Section 282, Act 181 of 1993, is further amended to read:
"(D) Peace officers' records of children must be kept separate
from records of adults, and must not be open to public
inspection, and may. However, the record of a child
must be open to inspection only in its entirety
by:
(1) governmental agencies authorized by the judge;
and
(2) the office of a circuit solicitor prosecuting the individual for
a subsequent offense."
SECTION 80. Section 20-7-600(F) of the 1976 Code, as last
amended by Section 282, Act 181 of 1993, is further amended to read:
"(F) When the authorized representative of the Department of
Juvenile Justice determines that placement of a juvenile outside the
home is necessary, he shall make a diligent effort to place the child in an
approved home, program, or facility, other than a secure juvenile
detention facility, when these alternatives are appropriate and available.
A child is eligible for detention in a secure juvenile detention facility
only if the child:
(1) is charged with a violent crime as defined in Section 16-1-60;
(2) is charged with a crime which, if committed by an adult,
would be a felony other than a violent crime, and the child:
(a) is already detained or on probation or conditional release
in connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear
at court proceedings;
(c) has a demonstrable recent record of violent conduct
resulting in physical injury to others; or
(d) has a demonstrable recent record of adjudications for other
felonies; and:
(i) there is clear and convincing evidence to establish a risk
of flight, or serious harm to others; or
(ii) the instant offense involved the use of a firearm;
(3) is a fugitive from another jurisdiction;
(4) is charged with a crime which involves the possession, use,
or threatened use of a knife, blackjack, metal pipe or pole, firearm,
deadly weapon, or any object which may be used to inflict bodily injury
or death; or
(4)(5) requests protection in writing under
circumstances that present an immediate threat of serious physical
injury. A child who meets the criteria provided in this subsection is
eligible for detention. Detention is not mandatory for a child meeting
the criteria if that child can be supervised adequately at home or in a less
secure setting or program."
SECTION 81. Section 20-7-630 of the 1976 Code, as last amended
by Section 283, Act 181 of 1993, is further amended to read:
"Section 20-7-630. The Department of Juvenile Justice shall
provide intake and probation services for juveniles brought before the
family courts of this State and for persons committed or referred to the
Department of Juvenile Justice in cooperation with all local officials or
agencies concerned. All recommendations by the department of
Juvenile Justice as to intake shall prosecution of
juveniles charged with a crime, as to disposition of juveniles adjudicated
for a crime, and as to transfer and assignment of juveniles committed to
the department must be based upon an objective risk instrument which
is aimed at identifying a juvenile's risk to reoffend. These
recommendations by the department must be reviewed and
considered by the office of the solicitor in the circuit
concerned and the court, but the final determination as to
whether or not the juvenile shall be is prosecuted in
family court shall must be made by the solicitor or
of his authorized assistant and the final determination as to the
proper disposition of the juvenile for the crime committed must be made
by the family court. Statements of the juvenile contained in the
department files shall must not be furnished to the
solicitor's office as part of the intake review procedure nor shall
is the solicitor's office be privy to such
these statements in connection with its intake review."
SECTION 82. Section 20-7-770 of the 1976 Code, as last amended
by Sect 285, Act 181 of 1993, is further amended to read:
"Section 20-7-770. Notwithstanding the right of a person to
petition the family court pursuant to Section 20-7-780 for the release of
a person's record of juvenile adjudications, upon the request of the
Attorney General or a circuit solicitor which is made pursuant to a
current criminal investigation or prosecution, the Department of Juvenile
Justice shall provide the requesting party with a copy of the juvenile
criminal record of a person adjudicated as a juvenile for the
commission of a violent crime, as defined in Section
16-1-60. A person with a record for an adjudicated violent
crime offense must have his juvenile criminal record
maintained by the Department of Juvenile Justice for at least ten years
after the date of the violent offense adjudication. If after ten
years a person has not been adjudicated for a subsequent offense, the
record of that person must be automatically expunged by the department
from its files, except crimes defined in Section 16-1-60."
SECTION 83. Section 20-7-1330 of the 1976 Code, as last amended
by Section 287, Act 181 of 1993, is further amended to read:
"Section 20-7-1330. When a child is found by decree of the
court to come within the provisions of Section 20-7-400, the court
shall in its decree shall make a finding of the facts upon
which the court exercises its jurisdiction over the child and the
child's family. Following the decree, the court may, by
order shall receive from the Department of Juvenile Justice a
dispositional recommendation. In arriving at its dispositional
recommendation, the department shall utilize an objective instrument
designed to ascertain a child's risk to the community to reoffend and
based upon this instrument recommend to the court the appropriate level
of custody and supervision needed by the child. Recommendations
made by the department shall delineate between the following levels of
custody:
(1) probation - in home supervision;
(2) probation - out of home placement;
(3) probation - out of home placement, staff and environmentally
secure; or
(4) commitment - out of home placement, secure facility.
An appropriate level of supervision also must be recommended
along with the recommended custody level. These levels of supervision
with the juvenile by the department are:
Level 1, requires one or two contacts a month;
Level 2, requires three contacts a week; or
Level 3, requires four to seven contacts a week.
The court is free to accept or reject the custody and supervision
recommendation made by the department, but shall order that services
address the treatment and rehabilitation needs of the entire family unit
in as holistic a manner as possible and shall assign the local or state
agency it considers most appropriate to provide or assist in providing for
delivery of these services. In addition the court, by order, may:
(a) place the child on probation or under supervision in his own
home or in the custody of a suitable person elsewhere, upon conditions
as the court may determine. In conjunction with ordering a Level 1
or 2 supervision of the child by the department, the court also may order
the custodial parent to provide primary probationary supervision for his
child and order that the parent reports noncompliance by his child with
the conditions of probation established by the court to the department in
one of the following manners:
(1) Level 1, once a week the parent must submit a monitoring
checklist to the department's staff on the juvenile's activities and
behaviors;
(2) Level 2, three times a week the parent must phone the
department and report the juvenile's activities and behaviors and once a
week the parent is to submit the monitoring checklist form; or
(3) Level 3, daily contact by the parent with the department
reporting the activities and behaviors of the juvenile and once a week the
parent submits the monitoring checklist form.
Any A child placed on probation by the court remains
under the authority of the court only until the expiration of the specified
term of his probation. This specified term of probation may expire
before but not after the eighteenth birthday of the child. Probation
means casework services during a continuance of the case. Probation
must not be ordered or administered as punishment, but as a measure for
the protection, guidance, and well-being of the child and his family.
Probation methods must be directed to the discovery and correction of
the basic causes of maladjustment and to the development of the child's
personality and character, with the aid of the social resources of the
community. The court may impose restitution or participation in
supervised work or community service as a condition of probation. The
department of Juvenile Justice, in coordination with local
community agencies, shall develop and encourage employment of a
constructive nature designed to make reparation and to promote the
rehabilitation of the child. If The court imposes may
impose as a condition of probation a requirement that restitution in
a specified amount be paid, the amount to be paid as restitution may
not exceed five hundred dollars. The department of Juvenile
Justice shall develop a system for the transferring of any
a court ordered restitution from the juvenile to the victim or
owner of any property injured, destroyed, or stolen.
(b) as a condition of probation impose upon the juvenile a fine not
exceeding more than two hundred dollars when the
offense is one in which a magistrate, municipal, or circuit court judge
has the authority to impose a fine. A fine may be imposed when
commitment is suspended but not in addition to commitment;
(c) commit the child to the custody or to the guardianship of a public
or private institution or agency authorized to care for children or to place
them in family homes or under the guardianship of a suitable person.
Commitment must be for an indeterminate period but in no event beyond
the child's twenty-first birthday;
(d) cause a child concerning whom a petition has been
is filed to be examined or treated by a physician, psychiatrist,
or psychologist and for that purpose those purposes
place the child in a hospital or other suitable facility of the
Department of Mental Health or Department of Disabilities and Special
Needs;
(e) order other care and treatment as it considers best, except as
otherwise provided in this section. In support of an order, the court may
require the parents or other persons having custody of the child, or
any other another person who has been found by the
court to be encouraging, causing, or contributing to the acts or
conditions which bring the child within the purview of this chapter, to
do or omit to do acts required or forbidden by law, when the judge
considers the requirement necessary for the welfare of the child.
These services may include:
(1) attendance of parents in skills training programs;
(2) family counseling services and attendance at parent support
groups;
(3) weekend parents and juvenile retreat programs;
(4) family preservation programs;
(5) parent life skills training groups;
(6) parents tutorial programs; and
(7) parent drug and alcohol education programs.
In case of failure to comply with the requirement, the court may
proceed against those persons for contempt of court. However, a
contempt sanction against individual members of the family unit must
be utilized only as a last resort, can only be applied if based upon
noncompliance or noncooperation with the treatment, rehabilitative, or
supervision services established by the court, and then only until
compliance with these services is obtained;
(f) dismiss the petition or otherwise terminate its jurisdiction at
any time, on the motion of either party or on its own motion.
when considering the appropriate amount of monetary restitution to
order, the appropriate fine to be paid, or the appropriate payment for the
community based treatment, rehabilitative, or supervision services
provided to the child and the child's family unit, the court shall establish
the monetary loss suffered or the cost of the services provided. Utilizing
a sliding scale, the court shall base restitution or payment for services
upon the parent or child's ability to pay. This sliding scale fee scheduled
must be developed by the department in conjunction with Court
Administration. Due to indigency, payments for services may be waived
by the family court. Supervision fees and payment for treatment and
rehabilitative services must be retained by the department or by the
entity providing the supervision or services and used to administer these
programs. Fees and payment may be retained and carried forwarded
from one fiscal year to another to be used for these same purposes. No
fee or payment for services may be ordered for juveniles who are placed
in secure detention facilities, secure evaluation centers, or secure
correctional facilities;
(g) dismiss the petition or otherwise terminate its jurisdiction
at any time, on the motion of either party or on its own motion.
If listed services designed to meet the treatment, rehabilitation,
custody, or supervision requirements of the juvenile or his parents are
not available in the community or not available in sufficient quantity to
meet all identified need for the services, the services may not be ordered
by the court. Lack of sufficient services and services unavailable in
particular areas must be documented by the court and must be reported
by the department in its annual report to the General Assembly and
prioritized in its appropriation's request to the General Assembly.
No adjudication by the court of the status of a child is a conviction,
nor does the adjudication operate to impose civil disabilities ordinarily
resulting from conviction, nor may a child be charged with crime or
convicted in a court, except as provided in Section 20-7-430(6). The
disposition made of a child, or any evidence given in court, does not
disqualify the child in a future civil service application or appointment.
Whenever the court commits a child to an institution or agency, it
shall transmit with the order of commitment a summary of its
information concerning the child, and the institution or agency shall give
to the court information concerning the child which the court may
require. Counsel of record, if any, must be notified by the court of an
adjudication under this section, and in the event there is no counsel of
record, the child, its parents, or guardian must be notified of the
adjudication by regular mail from the court to the last address of the
child, its parents, or guardian."
SECTION 84. Section 20-7-2205 of the 1976 Code, as last amended
by Acts 131 and 181 of 1993, is further amended to read:
"Section 20-7-2205. A child who is guilty of a violation of law
or other misconduct which would not be a criminal offense if committed
by an adult, who is held in contempt of court for misconduct,
or who violates the conditions of probation for an offense must not be
committed to the custody of a correctional institution operated by the
Department of Juvenile Justice or to secure evaluation centers operated
by the department."
SECTION 85. Section 20-7-3200 of the 1976 Code, as last amended
by Section 321, Act 181 of 1993, is further amended to read:
"Section 20-7-3200. The director shall serve as chief executive
officer of the department. The director may appoint and employ
such officers and employees necessary to perform the
duties and responsibilities of the department and shall ensure that the
department's organizational structure differentiates between separate
divisions, the community-based services and institutional services of the
department."
Part III
Appellate Reform
SECTION 86. The 1976 Code is amended by adding:
"Section 17-27-45. (A) An application for relief filed
pursuant to this chapter must be filed within one year after the entry of
judgment of conviction or within one year after the sending of the
remittitur to the lower court from an appeal or the filing of the final
decision upon an appeal.
(B) When a court whose decisions are binding upon the Supreme
Court of this State or the Supreme Court of this State holds that the
Constitution of the United States or the Constitution of South Carolina,
or both, impose upon state criminal proceedings a substantive standard
not previously recognized or a right not in existence at the time of the
state court trial, and if, and only if, the standard or right is intended to be
applied retroactively then an application under this chapter may be filed
not later than one year after the date on which the standard or right was
determined to exist.
(C) If the applicant contends that there is evidence of material facts,
not previously presented and heard that requires vacation of the
conviction or sentence, the application must be filed under this chapter
within one year after the date of actual discovery of the facts by the
applicant or after the date when the facts could have been ascertained by
the exercise of reasonable diligence."
SECTION 87. Section 14-7-1110 of the 1976 Code, as last amended
by Act 10 of 1987, is further amended to read:
"Section 14-7-1110. Any A person who is
arraigned for the crime of murder, manslaughter, burglary, arson,
criminal sexual conduct, armed robbery, grand larceny, or breach of trust
when it is punishable as for grand larceny, perjury, or forgery is entitled
to peremptory challenges not exceeding ten, and the State in these cases
is entitled to peremptory challenges not exceeding five
ten. Any A person who is indicted for any
crime or offense other than those enumerated above has the right to
peremptory challenges not exceeding five, and the State in these cases
is entitled to peremptory challenges not exceeding five. No right to
stand aside jurors is allowed to the State in any case whatsoever. In no
case where there is more than one defendant jointly tried are more than
twenty peremptory challenges allowed in all to the defendants, and in
misdemeanors when there is more than one defendant jointly tried no
more than ten peremptory challenges are allowed in all to the
defendants. In felonies when there is more than one defendant jointly
tried the State has ten challenges."
SECTION 88. Section 16-3-26(E) of the 1976 Code, as last amended
by Section 45D., Part II, Act 164 of 1993, is further amended to read:
"(E) After completion of the trial, the court shall conduct a
hearing to review and validate the fees, costs, and other expenditures on
behalf of the defendant. The county may appeal an order validating
the fees, costs, and other expenditures to the Supreme Court."
SECTION 89. Section 17-27-30 of the 1976 Code is amended to
read:
"Section 17-27-30. The Supreme Court in which,
by the Constitution and statutes of this State, original jurisdiction in
habeas corpus is vested, may entertain, in accordance with
its rules, a proceeding under this chapter in the exercise
of its original jurisdiction and in that event this.
This chapter, to the extent applicable, governs the
proceeding."
SECTION 90. Section 17-27-40 of the 1976 Code is amended to
read:
"Section 17-27-40. A proceeding is commenced by filing an
application verified by the applicant with the clerk of the
Supreme Court in which the conviction took place.
Facts within the personal knowledge of the applicant and the
authenticity of all documents and exhibits included in or attached to the
application must be sworn to affirmatively as true and correct. The clerk
shall docket the application upon its receipt and promptly bring it to the
attention of the court and deliver a copy to the solicitor of the circuit in
which the applicant was convicted and a copy to the Attorney
General."
SECTION 91. Section 17-27-100 of the 1976 Code is repealed.
SECTION 92. This act takes effect upon approval by the Governor.
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