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S*274 Session 117 (2007-2008)
S*0274(Rat #0341, Act #0284 of 2008) General Bill, By Fair, Verdin, Anderson,
Sheheen, Campsen, Thomas, Williams, Bryant, Cromer and Scott
AN ACT TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976,
RELATING TO THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, BY ADDING
ARTICLE 13 SO AS TO ALLOW THE DEPARTMENT TO DEVELOP AND OPERATE DAY REPORTING
CENTERS FOR CERTAIN INMATES AND OFFENDERS, TO PROVIDE DEFINITIONS FOR CERTAIN
TERMS, TO PROVIDE THAT THE TERMS AND CONDITIONS OF AN INMATE'S PLACEMENT AND
PARTICIPATION IN A DAY REPORTING PROGRAM IS AT THE JOINT DISCRETION OF THE
DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE AND PARDON
SERVICES, TO PROVIDE THE PROCEDURE FOR THE REMOVAL OF A PARTICIPANT FROM THE
PROGRAM, AND TO PROVIDE THE CONDITIONS UPON WHICH THE PILOT PROJECT DAY
REPORTING CENTER PROGRAM TERMINATES; AND TO AMEND SECTION 22-5-110, RELATING
TO A MAGISTRATE'S RESPONSIBILITIES, SO AS TO PROVIDE THAT A PERSON CHARGED
WITH CERTAIN MISDEMEANOR OFFENSES MUST BE GIVEN A COURTESY SUMMONS. - ratified
title
01/16/07 Senate Introduced and read first time SJ-4
01/16/07 Senate Referred to Committee on Corrections and Penology SJ-4
03/29/07 Senate Committee report: Favorable with amendment
Corrections and Penology SJ-3
03/30/07 Scrivener's error corrected
04/03/07 Senate Amended SJ-26
04/03/07 Senate Read second  time SJ-26
04/04/07 Senate Read third time and sent to House SJ-10
04/10/07 House Introduced and read first time HJ-14
04/10/07 House Referred to Committee on Judiciary HJ-14
06/05/07 House Recalled from Committee on Judiciary HJ-61
06/06/07 House Debate adjourned HJ-15
06/06/07 House Debate adjourned HJ-20
06/06/07 House Amended HJ-82
06/06/07 House Read second time HJ-83
06/07/07 House Read third time and returned to Senate with
amendments HJ-14
01/17/08 Senate Non-concurrence in House amendment SJ-12
01/29/08 House House insists upon amendment and conference
committee appointed Reps. GM Smith, Herbkersman,
and Jennings HJ-2
01/30/08 Senate Conference committee appointed Fair, Sheheen, and
Campbell SJ-14
05/15/08 Senate Free conference powers granted SJ-121
05/15/08 Senate Free conference committee appointed Fair,
Sheehen, and Campbell SJ-121
05/29/08 House Free conference powers granted HJ-43
05/29/08 House Free conference committee appointed Reps. GM
Smith, Herbkersman, and Jennings HJ-44
05/29/08 House Free conference report received and adopted HJ-44
05/29/08 Senate Free conference report adopted SJ-125
05/29/08 Senate Ordered enrolled for ratification SJ-131
06/05/08 Ratified R 341
06/11/08 Signed By Governor
06/17/08 Copies available
06/17/08 Effective date See Act for Effective Date
06/19/08 Act No. 284
S. 274
(A284, R341, S274)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 21, TITLE 24 SO AS TO ALLOW THE DEPARTMENT TO DEVELOP AND OPERATE DAY REPORTING CENTERS FOR CERTAIN INMATES AND OFFENDERS, TO PROVIDE DEFINITIONS FOR CERTAIN TERMS, TO PROVIDE THAT THE TERMS AND CONDITIONS OF AN INMATE'S PLACEMENT AND PARTICIPATION IN A DAY REPORTING PROGRAM IS AT THE JOINT DISCRETION OF THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, TO PROVIDE THE PROCEDURE FOR THE REMOVAL OF A PARTICIPANT FROM THE PROGRAM, AND TO PROVIDE THE CONDITIONS UPON WHICH THE PILOT PROJECT DAY REPORTING CENTER PROGRAM TERMINATES; AND TO AMEND SECTION 22-5-110, RELATING TO A MAGISTRATE'S RESPONSIBILITIES, SO AS TO PROVIDE THAT A PERSON CHARGED WITH CERTAIN MISDEMEANOR OFFENSES MUST BE GIVEN A COURTESY SUMMONS.
Be it enacted by the General Assembly of the State of South Carolina:
Day reporting centers
SECTION 1. Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Article 13
Day Reporting Centers
Section 24-21-1300. (A) The Department of Probation, Parole and Pardon Services may develop and operate day reporting centers within the State.
(B) 'Day reporting center' means a state facility providing supervision of inmates or offenders placed on supervision, which includes, but is not limited to, mandatory reporting, program participation, drug testing, community service, and any other conditions as determined by the Department of Corrections and the Department of Probation, Parole and Pardon Services.
(C) 'Eligible inmate' means a person sentenced to imprisonment for more than three months, excluding a person sentenced for:
(1) a violent crime, as provided for in Section 16-1-60;
(2) a Class A, B, or C felony, as provided for in Section 16-1-20;
(3) the following Class D felonies:
(a) robbery, as provided for in Section 16-11-325;
(b) disseminating obscene material to a minor twelve years of age or younger, as provided for in Section 16-15-355; and
(c) aggravated stalking, as provided for in Section 16-3-1730(C);
(4) an unclassified crime which carries a maximum term of imprisonment of fifteen years or more, as provided for in Section 16-1-10(D);
(5) the unclassified crime of assault and battery of a high and aggravated nature in which the original indictment was for an offense that would require registration as a sex offender, as provided for in Section 23-3-430; or
(6) a crime which requires a registration as a sex offender, as provided for in Section 23-3-430. 'Eligible inmate' does not include a person who does not provide an approved in-state residence as determined jointly by the Department of Corrections and the Department of Probation, Parole and Pardon Services.
(D) 'Eligible offender' means a person placed on probation, parole, community supervision, or any other supervision program operated by the Department of Probation, Parole and Pardon Services, excluding a person sentenced for:
(1) a violent crime, as provided for in Section 16-1-60;
(2) a Class A, B, or C felony, as provided for in Section 16-1-20;
(3) the following Class D felonies:
(a) robbery, as provided for in Section 16-11-325;
(b) disseminating obscene material to a minor twelve years of age or younger, as provided for in Section 16-15-355; and
(c) aggravated stalking, as provided for in Section 16-3-1730(C);
(4) an unclassified crime which carries a maximum term of imprisonment of fifteen years or more, as provided for in Section 16-1-10(D);
(5) the unclassified crime of assault and battery of a high and aggravated nature in which the original indictment was for an offense that would require registration as a sex offender, as provided for in Section 23-3-430; or
(6) a crime which requires a registration as a sex offender, as provided for in Section 23-3-430. 'Eligible offender' does not include a person who does not provide an approved in-state residence as determined jointly by the Department of Corrections and the Department of Probation, Parole and Pardon Services.
Section 24-21-1310. (A) Notwithstanding another provision of law, the Department of Probation, Parole and Pardon Services may develop and operate day reporting centers for eligible inmates and eligible offenders, if the General Assembly appropriates funds to operate these centers. The Department of Probation, Parole and Pardon Services shall develop policies, procedures, and guidelines for the operation of day reporting centers. The period of time an eligible inmate or offender is required to participate in a day reporting program and the individual terms and conditions of an eligible inmate's or offender's placement and participation are at the joint discretion of the Department of Corrections and the Department of Probation, Parole and Pardon Services.
(B) An inmate or offender has no right to be placed in a day reporting center. The Department of Corrections and the Department of Probation, Parole and Pardon Services have absolute discretion to place an eligible inmate or offender in a day reporting center and nothing in this article may be construed to entitle an inmate or offender to participate in a day reporting center program.
Section 24-21-1320. (A) An eligible inmate or offender placed in a day reporting center must agree to abide by the conditions established by the Department of Corrections and the Department of Probation, Parole and Pardon Services, which may include, but are not limited to:
(1) seek and maintain employment;
(2) participate in any educational, vocational training, counseling, or mentoring program recommended by the department;
(3) refrain from using alcohol or nonprescription medication; and
(4) pay a reasonable supervision fee, which may be waived by the department, that must be retained by the department to assist in funding this program.
(B) An eligible inmate or offender who fails to abide by the conditions established by the Department of Corrections and the Department of Probation, Parole and Pardon Services may be removed from the community and brought before an administrative hearing officer of the Department of Probation, Parole and Pardon Services. The Department of Probation, Parole and Pardon Services is the sole authority for determining whether any condition has been violated and for determining the actions to be taken in response to the violation. A participant revoked from participation in a day reporting center may be subject to further criminal proceedings or the institution of internal disciplinary sanctions for violations of any conditions associated with his placement in the day reporting center program. An inmate who fails to report as instructed, or whose whereabouts are unknown, may be considered to be an escapee by the department and may be apprehended and returned to custody as any other inmate who is deemed an escapee by the department.
(C) If a sentence to a day reporting center is revoked, the inmate must serve the remainder of his sentence within the Department of Corrections.
Section 24-21-1330. The pilot project day reporting center program terminates twelve months from its opening, unless extended by the General Assembly."
Courtesy summons
SECTION 2. Section 22-5-110 of the 1976 Code is amended to read:
"Section 22-5-110. (A) Magistrates shall cause to be arrested all persons found within their counties charged with any offense and persons who after committing any offense within the county escape out of it, examine into treasons, felonies, grand larcenies, high crimes and misdemeanors, commit or bind over for trial those who appear to be guilty of crimes or offenses not within their jurisdiction and punish those guilty of such offenses within their jurisdiction.
(B) Notwithstanding another provision of law, a person charged with any misdemeanor offense requiring a warrant signed by non-law enforcement personnel to ensure the arrest of a person must be given a courtesy summons."
Time effective
SECTION 3. This act takes effect upon approval by the Governor and must be implemented upon the appropriations of sufficient funds by the General Assembly.
Ratified the 5th day of June, 2008.
Approved the 11th day of June, 2008.
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