Current Status Introducing Body:Senate Bill Number:1262 Ratification Number:547 Act Number:477 Primary Sponsor:Giese Type of Legislation:GB Subject:Furloughs for violent offenders, provisions Date Bill Passed both Bodies:19940525 Computer Document Number:PT/1108DW.94 Governor's Action:S Date of Governor's Action:19940714 Introduced Date:19940316 Last History Body:------ Last History Date:19940714 Last History Type:Act No. 477 Scope of Legislation:Statewide All Sponsors:Giese Land Ford Glover Waldrep Moore Jackson Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
1262 ------ 19940714 Act No. 477
1262 ------ 19940714 Signed by Governor
1262 ------ 19940602 Ratified R 547
1262 House 19940525 Read third time, enrolled for
ratification
1262 House 19940524 Read second time
1262 House 19940519 Debate adjourned until
Tuesday, 19940524
1262 House 19940518 Debate adjourned until
Thursday, 19940519
1262 House 19940427 Committee Report: Favorable 27
1262 House 19940419 Introduced, read first time, 27
referred to Committee
1262 Senate 19940414 Read third time, sent to House
1262 Senate 19940413 Read second time, notice of
general amendments
1262 Senate 19940412 Committee Report: Favorable 03
1262 Senate 19940316 Introduced, read first time, 03
referred to Committee
View additional legislative information at the LPITS web site.
(A477, R547, S1262)
AN ACT TO AMEND SECTION 24-3-210, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO PROHIBIT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS FROM EXTENDING THE BENEFITS OF THIS SECTION TO A PERSON CONVICTED OF A VIOLENT CRIME AS DEFINED IN SECTION 16-1-60 UNLESS, WHERE APPLICABLE, THE VICTIM OF THE CRIME FOR WHICH THE OFFENDER IS CHARGED, OR THE RELATIVES OF THE VICTIM, THE LAW ENFORCEMENT AGENCY WHICH EMPLOYED THE ARRESTING OFFICER OF THE OFFENDER, AND THE SOLICITOR IN WHOSE CIRCUIT THE OFFENDER WAS CONVICTED RECOMMEND IN WRITING THAT THE OFFENDER BE ALLOWED TO PARTICIPATE IN THE FURLOUGH PROGRAM IN THE COMMUNITY WHERE THE OFFENSE WAS COMMITTED.
Be it enacted by the General Assembly of the State of South Carolina:
Director may grant furloughs, conditions
SECTION 1. Section 24-3-210 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:
"Section 24-3-210. (A) The director may extend the limits of the place of confinement of a prisoner, where 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.
(B) The director may extend 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 the inmate will honor his trust. (C) 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 is considered an escape from the custody of the director punishable as provided in Section 24-13-410.
(D) The director may not extend the benefits of this section to a person convicted of a violent crime as defined in Section 16-1-60 unless all of the following persons recommend in writing that the offender be allowed to participate in the furlough program in the community where the offense was committed:
(1) in those cases where, as applicable, the victim of the crime for which the offender is charged, or the relatives of the victim who have applied for notification pursuant to the provisions of Section 16-3-1530 if the victim has died;
(2) the law enforcement agency which employed the arresting officer of the offender; and
(3) the solicitor in whose circuit the offender was convicted."
Time effective
SECTION 2. This act takes effect upon approval by the Governor.
Approved the 14th day of July, 1994.