South Carolina General Assembly
109th Session, 1991-1992

Bill 162


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    162
Primary Sponsor:                McConnell
Committee Number:               03
Type of Legislation:            GB
Subject:                        Parole, ineligibility
                                provisions
Residing Body:                  Senate
Current Committee:              Corrections and Penology
Computer Document Number:       OLDVS/LIBOO/1985
Introduced Date:                Jan 08, 1991
Last History Body:              Senate
Last History Date:              Jan 08, 1991
Last History Type:              Introduced and read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   McConnell
                                Rose
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 162   Senate  Jan 08, 1991  Introduced and read first       03
                             time, referred to Committee
 162   Senate  Sep 17, 1990  Prefiled, referred to           03
                             Committee

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 24-21-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CIRCUMSTANCES WARRANTING PAROLE, SO AS TO PROVIDE THAT NO PRISONER MAY BE GRANTED PAROLE WHO IS SERVING A SENTENCE FOR A CONVICTION FOR A VIOLENT CRIME INSTEAD OF FOR A SECOND OR SUBSEQUENT CONVICTION FOLLOWING A SEPARATE SENTENCING FOR A PRIOR CONVICTION FOR A VIOLENT CRIME AND TO DELETE THE PROVISION DEFINING ONE OFFENSE.

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

SECTION 1. Section 24-21-640 of the 1976 Code, as last amended by Act 510 of 1990, is further amended to read:

"Section 24-21-640. (A) The board must carefully shall consider the record of the prisoner before, during, and after imprisonment, and no such prisoner may be paroled until it appears to the satisfaction of the board: that:

(1) the prisoner has shown a disposition to reform;

(2) that, in the future he will probably will obey the law and lead a correct life;

(3) that by his conduct he has merited a lessening of the rigors of his imprisonment;

(4) that the interest of society will not be impaired thereby by parole;

(5) and, that suitable employment has been secured for him.

(B) The board must shall establish written, specific criteria for the granting of parole and provisional parole. This criteria must reflect all of the aspects of this section and include a review of a prisoner's disciplinary and other records. The criteria must be made available to all prisoners at the time of their incarceration and the general public.

(C) The paroled prisoner must, as often as may be required, shall render a written report to the board giving that information as may be required by the board which must be confirmed by the person in whose employment the prisoner may be at the time.

(D) The board must may not grant parole nor is parole authorized to any a prisoner serving a sentence for a second or subsequent conviction, following a separate sentencing for a prior conviction, for a violent crimes crime as defined in Section 16-1-60. Provided that where more than one included offense shall be committed within a one-day period or pursuant to one continuous course of conduct, such multiple offenses must be treated for purposes of this section as one offense.

(E) Any part Part or all of a prisoner's in-prison disciplinary records and, with the prisoner's consent, records involving all awards, honors, earned work credits, and educational credits, are subject to the Freedom of Information Act as contained in Chapter 4 of Title 30."

SECTION 2. This act takes effect upon approval by the Governor.

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