Current Status Introducing Body:Senate Bill Number:718 Primary Sponsor:Gilbert Committee Number:03 Type of Legislation:CR Subject:Prison Overcrowding Residing Body:Senate Current Committee:Corrections and Penology Computer Document Number:BR1/1267.AC Introduced Date:Feb 28, 1991 Last History Body:Senate Last History Date:Feb 28, 1991 Last History Type:Introduced, referred to Committee Scope of Legislation:Statewide All Sponsors:Gilbert Type of Legislation:Concurrent Resolution
Bill Body Date Action Description CMN
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718 Senate Feb 28, 1991 Introduced, referred to 03
Committee
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URGING THE GOVERNOR TO RECOGNIZE THE EXTREME EMERGENCY STATE OF PRISON OVERCROWDING THAT EXISTS AND HAS EXISTED CONTINUOUSLY FOR MORE THAN EIGHTY-THREE DAYS AND PERIODICALLY FOR MANY YEARS IN THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS AND EXPRESSING THE SUPPORT OF THE GENERAL ASSEMBLY IN REDUCING THE PRISON POPULATION PURSUANT TO THE "PRISON OVERCROWDING POWERS ACT" AND URGING THE GOVERNOR TO EXERCISE HIS POWERS UNDER THIS ACT TO THE FULLEST EXTENT, GIVING EVERY CONSIDERATION POSSIBLE FOR RELEASE OF ALL INMATES IDENTIFIED BY THE BOARD OF CORRECTIONS.
Whereas, the South Carolina Department of Corrections is in a state of dire emergency due to prison overcrowding; and
Whereas, the prison system has been operating at excess capacity periodically since 1983; and
Whereas, the department has sought relief through the "Prison Overcrowding Powers Act" periodically since 1983 when operating over excess capacity; and
Whereas, on February 15, 1991, fifteen thousand, nine hundred ninety-one prisoners were incarcerated in South Carolina prisons; and
Whereas, the South Carolina prison capacity is fifteen thousand, two hundred thirty-eight; and
Whereas, the prison system is operating at approximately one hundred six percent capacity; and
Whereas, this excess capacity has existed continuously for more than eighty-three days; and
Whereas, the "Prison Overcrowding Powers Act" allows the Governor to authorize the release of nonviolent offenders following prescribed procedures and under certain circumstances; and
Whereas, the public safety is of primary concern when early release of prisoners is contemplated and all measures must be taken to assure public safety; and
Whereas, the Department of Corrections has been very effective in and has a reliable history of identifying prisoners that will be successful in early release from prison; and
Whereas, between 1983 and 1986 when the Board of Corrections exercised release powers, approximately eleven thousand, one hundred prisoners were released from prison and only one percent of those eleven thousand, one hundred subsequently were incarcerated for violent offenses; and
Whereas, approximately thirty-five percent of those prisoners incarcerated in South Carolina prisons are currently serving sentences for nonviolent offenses and have no known history of violent offenses; and
Whereas, pursuant to the "Prison Overcrowding Powers Act" the Board of Corrections has declared a state of emergency due to prison overcrowding and has commenced procedures for relief; and
Whereas, pursuant to the "Prison Overcrowding Powers Act" the Board of Corrections has applied the necessary criteria to those prisoners potentially eligible for emergency release and has identified approximately one thousand, five hundred prisoners who meet the criteria; and
Whereas, all other procedures under the "Prison Overcrowding Powers Act" have been followed and the Governor has been requested to exercise his powers under this act to reduce the prison population. Now, therefore,
Be it resolved by the Senate, the House of Representatives concurring:
That the members of the General Assembly urge the Governor to recognize the extreme emergency state of prison overcrowding that exists and has existed continuously for more than eighty-three days and periodically for many years in the South Carolina Department of Corrections and express the support of the General Assembly in reducing the prison population pursuant to the "Prison Overcrowding Powers Act" and urge the Governor to exercise his powers under this act to the fullest extent, giving every consideration possible for release of all inmates identified by the Board of Corrections.
Be it further resolved that a copy of this resolution be delivered immediately to the Honorable Carroll A. Campbell, Governor of South Carolina.
Be it further resolved that a copy of this resolution be forwarded to The Honorable Parker Evatt, Commissioner, and Mr. Goetz B. Eaton, Chairman of the Board of Corrections, Post Office Box 21787, Columbia, South Carolina 29221-1787.