Current Status Introducing Body:Senate Bill Number:1336 Ratification Number:554 Act Number:508 Primary Sponsor:Committee (03) Type of Legislation:GB Subject:Home Detention Act Date Bill Passed both Bodies:19940520 Computer Document Number:BBM/9120JM.94 Governor's Action:S Date of Governor's Action:19940831 Introduced Date:19940412 Date of Last Amendment:19940414 Last History Body:------ Last History Date:19940831 Last History Type:Act No. 508 Scope of Legislation:Statewide Sponsor Committee:Corrections and Penology Sponsor Committee Number:03 Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
---- ------ ------------ ------------------------------ --- ------------
1336 ------ 19940831 Act No. 508
1336 ------ 19940831 Signed by Governor
1336 ------ 19940602 Ratified R 554
1336 House 19940520 Read third time, enrolled for
ratification
1336 House 19940519 Read second time, unanimous
consent for third reading on
Friday, 19940520
1336 House 19940518 Debate adjourned until
Thursday, 19940519
1336 House 19940427 Committee Report: Favorable 27
1336 House 19940419 Introduced, read first time, 27
referred to Committee
1336 Senate 19940414 Amended, read third time,
sent to House
1336 Senate 19940413 Read second time, notice of
general amendments
1336 Senate 19940412 Introduced, read first time,
placed on Calendar without
reference
View additional legislative information at the LPITS web site.
(A508, R554, S1336)
AN ACT TO AMEND SECTION 24-13-1520, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS AND DEFINITIONS UNDER THE "HOME DETENTION ACT", SO AS TO MAKE CHANGES TO THE DEFINITIONS OF "COURT" AND "PARTICIPANT"; TO AMEND SECTION 24-13-1530, RELATING TO PRISONERS AND CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT LOCAL GOVERNMENTS MAY ESTABLISH BY ORDINANCE A CERTAIN ALTERNATIVE TO INCARCERATION FOR PERSONS WHO ARE AWAITING TRIAL AND FOR OFFENDERS WHOSE SENTENCES DO NOT PLACE THEM IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-1560, RELATING TO THE USE OF AN ELECTRONIC MONITORING DEVICE UNDER THE "HOME DETENTION ACT", SO AS TO PROVIDE THAT THE PARTICIPANT'S USE OF SUCH A DEVICE IS CONDITIONED UPON BEING INSTRUCTED TO USE THE DEVICE; AND TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE PROVISION THAT THE "HOME DETENTION ACT" IS NOT APPLICABLE TO CONTROLLED SUBSTANCES OFFENDERS AND TO THE PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY OF THE PROVISIONS OF THE "HOME DETENTION ACT", SO AS TO DEFINE FURTHER AND LIMIT THE TYPE OF CONTROLLED SUBSTANCES OFFENDER TO WHOM THE "HOME DETENTION ACT" DOES NOT APPLY.
Be it enacted by the General Assembly of the State of South Carolina:
Definition of "court" changed
SECTION 1. Section 24-13-1520(2) of the 1976 Code, as added by Act 594 of 1990 and last amended by Section 447 of Act 181 of 1993, is further amended to read:
"(2) `Court' means a circuit, family, magistrate's, or municipal 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, the Board of Juvenile Parole, and the Department of Corrections."
Definition of "participant" changed
SECTION 2. Section 24-13-1520(5) of the 1976 Code, as added by Act 594 of 1990, is amended to read:
"(5) `Participant' means an inmate/offender placed into an electronic monitoring program or into some other suitable program which provides supervision and/or monitoring in the community."
Home detention programs by local governments, etc.
SECTION 3. Section 24-13-1530 of the 1976 Code, as added by Act 594 of 1990, is amended to read:
"Section 24-13-1530. (A) Notwithstanding any provision of law which requires mandatory incarceration, electronic and nonelectronic home detention programs may be used as an alternative to incarceration for low risk, nonviolent adult and juvenile offenders as selected by the court, provided there is a home detention program available in the jurisdiction. Applications by offenders for home detention may be made to the court as an alternative to the following correctional programs:
(1) pretrial or preadjudicatory detention;
(2) probation (intensive supervision);
(3) community corrections (diversion);
(4) parole (early release);
(5) work release;
(6) institutional furlough;
(7) jail diversion; or
(8) shock incarceration.
(B) Local governments may also establish by ordinance the same alternative to incarceration for persons who are awaiting trial and for offenders whose sentences do not place them in the custody of the Department of Corrections. Counties and municipalities may develop home detention programs according to the minimum standards for local detention facilities in South Carolina, which are established under Section 24-9-20 and enforced under Section 24-9-30."
Electronic monitoring device; provisions changed
SECTION 4. Section 24-13-1560 of the 1976 Code, as added by Act 594 of 1990, is amended to read:
"Section 24-13-1560. The participant shall use an approved electronic monitoring device if instructed by the department at all times to verify his compliance with the conditions of his detention and shall maintain a monitoring device in his home or on his person."
Controlled substances offenders; exemption re-worded
SECTION 5. Section 24-13-1590 of the 1976 Code, as added by Act 594 of 1990 and last amended by Section 448 of Act 181 of 1993, is further amended to read:
"Section 24-13-1590. Nothing in this article: (1) applies to a person, regardless of age, who violates, or is awaiting trial on charges of violating, the illicit narcotic drugs and controlled substances laws of this State which are classified as Class A, B, or C felonies or which are classified as an exempt offense by Section 16-1-10(D) and provide for a maximum term of imprisonment of twenty years or more; or
(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 to regulate or impose conditions for probation or parole."
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
Approved the 31st day of August, 1994.