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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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Legislative Services Agency
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