Current Status Introducing Body:House Bill Number:5057 Primary Sponsor:Committee (25) Committee Number:30 Type of Legislation:GB Subject:Community Corrections Incentive Act Residing Body:House Current Committee:Ways and Means Computer Document Number:NO5/7784BDW.94 Introduced Date:19940418 Last History Body:House Last History Date:19940427 Last History Type:Referred to Committee Scope of Legislation:Statewide Sponsor Committee:Judiciary Sponsor Committee Number:25 Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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5057 House 19940427 Referred to Committee 30
5057 House 19940427 Reconsidered vote whereby
debate was adjourned
5057 House 19940427 Debate adjourned
5057 House 19940412 Introduced, read first time
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
INTRODUCED
April 12, 1994
H. 5057
S. Printed 4/12/94--H.
Read the first time April 12, 1994.
TO AMEND TITLE 2, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 48 SO AS TO ENACT THE COMMUNITY CORRECTIONS INCENTIVE ACT TO ENABLE COURTS TO SENTENCE NONVIOLENT OFFENDERS TO LESS COSTLY COMMUNITY CORRECTIONAL FACILITIES FOR HOUSING BOTH STATE AND LOCAL INMATES IN ALTERNATIVE SENTENCING PROGRAMS; BY ADDING SECTIONS 14-1-240 THROUGH 14-1-420 SO AS TO PROVIDE A PROCEDURE FOR ALL ORDERS ISSUED BY A COURT FOR THE PAYMENT OF FINES, SURCHARGES, ASSESSMENTS, COSTS, OR FEES OWED TO THE STATE ENTERED OR MODIFIED AFTER JUNE 20, 1995, TO CONTAIN THE OBLIGOR'S SOCIAL SECURITY NUMBER AND PROVISION FOR INCOME WITHHOLDING PROCEDURES TO TAKE EFFECT IF A DELINQUENCY OCCURS; BY ADDING SECTION 17-27-45 SO AS TO PROVIDE THAT AN APPLICATION FOR RELIEF FILED PURSUANT TO THE UNIFORM POST CONVICTION PROCEDURE ACT MUST BE FILED WITHIN ONE YEAR AFTER THE ENTRY OF A JUDGMENT OF CONVICTION, OR WITHIN ONE YEAR AFTER THE SENDING OF THE REMITTITUR TO THE LOWER COURT FROM AN APPEAL, OR THE FILING OF THE FINAL DECISION UPON AN APPEAL, WHICHEVER IS LATER, AND TO PROVIDE A DIFFERENT TIME UNDER CERTAIN CIRCUMSTANCES; BY ADDING SECTION 22-5-580 SO TO ESTABLISH A STATEWIDE PRETRIAL CLASSIFICATION PROGRAM FOR THE IMPROVEMENT OF MAGISTRATES' COLLECTIONS AND CONSIDERATION OF INFORMATION CONCERNING THE RELEASE OF PERSONS PLACED IN JAIL PENDING DISPOSITION OF CRIMINAL CHARGES; BY ADDING SECTION 24-3-25 SO AS TO AUTHORIZE THE GOVERNING BODIES OF COUNTIES OR MUNICIPALITIES TO ESTABLISH LOCAL REGIONAL CORRECTIONAL FACILITIES FOR THE CONFINEMENT OF PERSONS AWAITING TRIAL OR SENTENCED ON CRIMINAL CHARGES, CONVICTED AND SENTENCED ON CRIMINAL CHARGES, OR NOT OTHERWISE ELIGIBLE FOR CONFINEMENT IN STATE OR OTHER FACILITIES; BY ADDING SECTION 24-3-430 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR IN PRIVATE INDUSTRY; BY ADDING SECTION 24-13-80 SO AS TO AUTHORIZE A COUNTY OR MUNICIPAL ADMINISTRATOR OR THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH CRITERIA FOR A REASONABLE DEDUCTION FOR MONEY CREDITED TO THE ACCOUNT OF AN INMATE TO REPAY CERTAIN COSTS; BY ADDING SECTIONS 24-13-100 AND 24-13-150 SO AS TO PROHIBIT A PRISONER CONVICTED OF AN OFFENSE AGAINST THE STATE AND SENTENCED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, INCLUDING A PRISONER SERVING TIME IN A LOCAL FACILITY PURSUANT TO A DESIGNATED FACILITY AGREEMENT FROM BEING ELIGIBLE FOR WORK RELEASE, EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION UNTIL CERTAIN MINIMUM TERMS OF IMPRISONMENT HAVE BEEN SERVED; BY ADDING SECTION 24-13-175 SO AS TO PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED MUST BE COMPUTED BASED UPON A THREE HUNDRED SIXTY-FIVE DAY YEAR; BY ADDING ARTICLE 17, CHAPTER 13, TITLE 24 SO AS TO ENACT THE SOUTH CAROLINA INCARCERATION REIMBURSEMENT ACT; BY ADDING ARTICLE 19, CHAPTER 13, TITLE 24 SO AS TO ESTABLISH THE CENTER FOR ALCOHOL AND DRUG REHABILITATION; BY ADDING SECTION 24-21-560 SO AS TO REQUIRE ALL PRISONERS WHO COMMIT A CRIME AFTER DECEMBER 31, 1994, TO SATISFACTORILY COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION AND TO SPECIFY THE REQUIREMENTS OF THE PROGRAM; BY ADDING CHAPTER 27, TITLE 24 SO AS TO CREATE THE SOUTH CAROLINA SENTENCING AND CORRECTIONS POLICY COMMISSION, TO PROVIDE FOR ITS COMPOSITION, DUTIES, AND RESPONSIBILITIES, AND REQUIRE THE COMMISSION TO MAKE RECOMMENDATIONS TO THE GENERAL ASSEMBLY FOR A CLASSIFICATION SYSTEM BASED ON MAXIMUM TERM OF IMPRISONMENT FOR ALL SOUTH CAROLINA CRIMINAL OFFENSES; TO AMEND SECTION 11-35-710, AS AMENDED, RELATING TO EXEMPTIONS FROM THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, SO AS TO ADD TO THE LIST OF EXEMPTIONS THE PURCHASE OF GOODS, PRODUCTS, AND SERVICES BY STATE OFFICES AND OTHER DEPARTMENTS, INSTITUTIONS, AGENCIES, AND BOARDS OR POLITICAL SUBDIVISIONS OF THIS STATE FROM THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS, DIVISION OF PRISON INDUSTRIES; TO AMEND SECTIONS 16-3-20, 16-3-30, AND 16-3-40, RELATING TO THE OFFENSE OF MURDER, KILLING BY POISONING, OR KILLING BY STABBING OR THRUSTING, SO AS TO PROVIDE THAT A PERSON CONVICTED OF THESE CRIMES MAY BE IMPRISONED FOR A TERM OF YEARS UP TO LIFE, DEFINE "LIFE" TO MEAN UNTIL DEATH, TO DELETE THE PROVISION WHICH REQUIRES A PERSON SENTENCED TO LIFE NOT TO BE ELIGIBLE FOR PAROLE UNTIL THE SERVICE OF THIRTY YEARS, TO DELETE IN THE CRIMES OF KILLING BY POISONING AND KILLING BY STABBING OR THRUSTING THE PENALTY OF DEATH FOR A WILFUL MURDER; TO AMEND SECTION 16-3-85, AS AMENDED, RELATING TO THE CRIME OF HOMICIDE BY CHILD ABUSE, SO AS TO AUTHORIZE AS A PENALTY A TERM OF YEARS UP TO LIFE AND DELETE THE MINIMUM TWENTY YEAR PENALTY, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-3-210, RELATING TO THE CRIME OF LYNCHING IN THE FIRST DEGREE, SO AS TO DELETE THE PENALTY OF DEATH FOR VIOLATION AND PROVIDE THAT A PERSON MUST BE IN PRISON FOR A TERM OF YEARS UP TO LIFE, AND TO PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-3-430, RELATING TO THE CRIME OF KILLING IN A DUAL, SO AS TO DELETE THE PENALTY OF DEATH AND PROVIDE THAT A PERSON MUST BE IMPRISONED FOR A TERM OF LIFE UP TO LIFE, AND DEFINE "LIFE" AS MEANING UNTIL DEATH; TO AMEND SECTION 16-3-625, RELATING TO THE CRIME OF RESISTING A LAW ENFORCEMENT OFFICER WITH THE USE OF THREAT OR A DEADLY WEAPON, SO AS TO DELETE THE MINIMUM IMPRISONMENT OF TWO YEARS AND THE MINIMUM SERVICE IN ORDER TO BE ELIGIBLE FOR PAROLE; TO AMEND SECTION 16-3-652, RELATING TO THE CRIME OF CRIMINAL SEXUAL CONDUCT IN THE FIRST DEGREE, SO AS TO DELETE THE PENALTY OF IMPRISONMENT FOR NOT MORE THAN THIRTY YEARS, PROVIDE FOR A TERM OF YEARS UP TO LIFE TO BE IMPOSED, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-3-1260, AS AMENDED, RELATING TO REIMBURSEMENT OF THE STATE BY CONVICTED PERSONS TO THE VICTIMS' COMPENSATION FUND, SO AS TO DELETE THE REQUIREMENT THAT THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS MAY MAKE PAYMENT OF THE DEBT TO THE STATE AS A CONDITION OF PAROLE, AND TO MAKE CERTAIN CORRECTIONS TO REFERENCES; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO THE VICTIM'S AND WITNESSES BILL OF RIGHTS SO AS TO MAKE CERTAIN INFORMATION NOT PRIVILEGED BETWEEN THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, COMMUNITY SUPERVISION, TO MAKE CERTAIN REFERENCE CORRECTIONS, AND DELETE A REFERENCE THAT RESTITUTION IS A CONDITION OF PAROLE; TO AMEND SECTION 16-3-1550, AS AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO MAKE CERTAIN REFERENCE CHANGES; TO AMEND SECTION 16-11-311, RELATING TO THE CRIME OF BURGLARY IN THE FIRST DEGREE, SO AS TO CHANGE THE PUNISHMENT BY DELETING THE AUTHORITY OF A DEFENDANT TO BE SENTENCED TO A TERM OF NOT LESS THAN FIFTEEN YEARS AND PROVIDE THAT THE PERSON CONVICTED IS NOT ELIGIBLE FOR PAROLE EXCEPT UPON THE SERVICE OF NOT LESS THAN ONE-THIRD OF THE TERM OF THE SENTENCE, PROVIDE THAT THE PERSON MAY BE SENTENCED FOR A TERM OF YEARS UP TO LIFE, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 16-11-330, RELATING TO THE CRIME OF ROBBERY AND ATTEMPTED ROBBERY WHILE ARMED WITH A DEADLY WEAPON, SO AS TO PROVIDE THAT A PERSON CONVICTED OF THIS CRIME IS GUILTY OF A FELONY AND, UPON CONVICTION, MUST BE IMPRISONED FOR A MANDATORY MINIMUM TERM OF TEN YEARS, DELETE THE REQUIREMENT THAT A PERSON CONVICTED UNDER THIS SECTION IS NOT ELIGIBLE FOR PAROLE UNTIL HE HAS SERVED AT LEAST SEVEN YEARS OF HIS SENTENCE, AND DELETE THE PROVISION THAT A PERSON IS NOT ELIGIBLE FOR PAROLE OR PROBATION UNTIL HE HAS SERVED A THREE-YEAR MINIMUM SENTENCE, PROVIDE THAT A PERSON CONVICTED FOR ATTEMPTED ROBBERY ARMED WITH CERTAIN WEAPONS IS GUILTY OF A FELONY; TO AMEND SECTION 16-11-340, AS AMENDED, RELATING TO THE CARDBOARD PLACARD WHICH MUST BE PRINTED AND DISTRIBUTED TO EACH BUSINESS, SO AS TO MAKE THE LANGUAGE OF THE PLACARD CONSISTENT WITH THE PROVISIONS OF SECTION 16-11-330; TO AMEND SECTION 16-11-540, RELATING TO DAMAGING OR DESTROYING A BUILDING, VEHICLE, OR OTHER PROPERTY BY MEANS OF EXPLOSIVE OR INCENDIARY SO AS TO CHANGE THE PENALTIES WHEN DEATH RESULTS AND PROVIDE THAT A PERSON MUST BE IMPRISONED FOR A TERM OF YEARS UP TO LIFE, AND PROVIDE THAT "LIFE" MEANS UNTIL DEATH; TO AMEND SECTION 17-25-45, RELATING TO A PERSON WHO HAS THREE CONVICTIONS FOR A VIOLENT CRIME SO AS TO REDUCE FROM THREE TO TWO THE NUMBER OF CONVICTIONS REQUIRED, AND PROVIDE THAT THIS PROVISION IS IRRESPECTIVE OF WHETHER THE PRISONER IS CONSIDERED A VIOLENT OFFENDER, DELETE THE PROVISION THAT SUBJECTS THE PERSON TO LIFE WITHOUT PAROLE, AND PROVIDE THAT "LIFE IMPRISONMENT" MEANS UNTIL DEATH, AND PROVIDE THAT NOTICE MUST BE GIVEN BY THE SOLICITOR BEFORE TRIAL OF THE DECISION TO INVOKE SENTENCE UNDER A PROVISION OF THIS SECTION; TO AMEND SECTION 17-25-70, RELATING TO THE AUTHORITY OF LOCAL OFFICIALS TO REQUIRE ABLE-BODIED CONVICTED PERSONS TO PERFORM LABOR ON PUBLIC WORKS OR WAYS, SO AS TO CHANGE SOME TERMINOLOGY, PROVIDE THAT THIS LABOR MAY INVOLVE PUBLIC SERVICE WORK OR RELATED ACTIVITIES WHICH CONFORM WITH REVISIONS OF SECTION 24-13-660, PROVIDE WHAT PUBLIC SERVICE WORK MAY INCLUDE, AND AUTHORIZE A LOCAL GOVERNING BODY TO ENTER INTO A CONTRACTUAL AGREEMENT WITH ANOTHER GOVERNMENTAL ENTITY FOR USE OF INMATE LABOR IN THE PERFORMANCE OF WORK FOR PUBLIC PURPOSE; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO A CONVICTED PERSON BEING IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, SO AS TO CORRECT CERTAIN REFERENCES, PROVIDING THAT NOTHING IN THIS SECTION PREVENTS A COURT FROM ORDERING A SENTENCE TO RUN CONCURRENTLY WITH A SENTENCE BEING SERVED IN ANOTHER STATE OR AN ACTIVE FEDERAL SENTENCE, PROVIDE THAT THE DEPARTMENT SHALL NOTIFY THE SOLICITOR OR OTHER JUDICIAL OFFICERS AND VICTIMS BEFORE RELEASING INMATES ON WORK RELEASE, PROVIDE THAT THE DEPARTMENT HAS THE AUTHORITY TO DENY RELEASE BASED UPON THE OPINIONS RECEIVED, PROVIDE THAT THE DIRECTOR MAY EXTEND THE LIMITS OF THE PLACE OF CONFINEMENT UPON CERTAIN MINIMUMS BEING SERVED; TO AMEND SECTION 24-3-30, AS AMENDED, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT, SO AS TO ADD A PROVISION WHICH AUTHORIZES A COUNTY OR MUNICIPALITY THROUGH MUTUAL AGREEMENT OR CONTRACT TO ARRANGE WITH ANOTHER COUNTY OR MUNICIPALITY OR LOCAL REGIONAL CORRECTIONAL FACILITY FOR THE DETENTION OF ITS PRISONERS; TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SO AS TO ADD TO THE AUTHORIZED EMPLOYMENT A PRISON INDUSTRY PROGRAM PROVIDED UNDER ARTICLE 3 OF CHAPTER 24; TO AMEND SECTION 24-3-210, AS AMENDED, RELATING TO FURLOUGHS FOR QUALIFIED INMATES OF THE STATE PRISON SYSTEM, SO AS TO DELETE CERTAIN REASONS FOR GRANTING A FURLOUGH; TO AMEND SECTION 24-3-330, AS AMENDED, RELATING TO THE PURCHASE OF PRODUCTS PRODUCED BY CONVICT LABOR BY THE STATE OR POLITICAL SUBDIVISIONS, SO AS TO REQUIRE THE MATERIALS MANAGEMENT OFFICE OF THE DIVISION OF GENERAL SERVICES TO MONITOR THE COOPERATION OF STATE OFFICES, DEPARTMENT, INSTITUTIONS, AND AGENCIES IN THE PROCUREMENT OF GOODS, PRODUCTS, AND SERVICES FROM THE DIVISION OF PRISON INDUSTRIES OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-3-360, AS AMENDED, RELATING TO THE ANNUAL PREPARATION OF CATALOGUES DESCRIBING ARTICLES PRODUCED BY CONVICT LABOR, SO AS TO PROHIBIT A STATE OFFICE, DEPARTMENT, INSTITUTION, OR AGENCY OR THE POLITICAL SUBDIVISION OF THIS STATE FROM CONTACTING AND REQUESTING THE DEPARTMENT OF CORRECTIONS TO MANUFACTURE OR PRODUCE ARTICLES OR PRODUCTS SIMILAR, BUT NOT IDENTICAL TO, ARTICLES OR PRODUCTS LISTED IN THE CATALOGUE; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE SALE OF PRISON-MADE PRODUCTS ON THE OPEN MARKET, SO AS TO DELETE A REFERENCE TO PROVISIONS OF THIS SECTION NOT APPLYING TO ARTICLES MANUFACTURED OR PRODUCED BY PERSONS ON PAROLE; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO A DEDUCTION FROM THE TERM OF THE SENTENCE FOR GOOD BEHAVIOR, SO AS TO PROVIDE THAT NO PRISONER IS ENTITLED TO A REDUCTION BELOW THE MINIMUMS PROVIDED IN SECTION 24-13-150; TO AMEND SECTION 24-13-230, RELATING TO THE REDUCTION OF A SENTENCE FOR A PRODUCTIVE DUTY ASSIGNMENT OR PARTICIPATION IN ACADEMIC, TECHNICAL, OR VOCATIONAL TRAINING PROGRAM, SO AS TO ADD A PROVISION WHICH PROVIDES THAT NO CREDITS EARNED UNDER THIS SECTION MAY BE APPLIED IN A MANNER WHICH WOULD PREVENT FULL PARTICIPATION IN THE DEPARTMENT'S COMMUNITY SUPERVISION PROGRAM; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO DEFINITIONS USED IN THE SHOCK INCARCERATION PROGRAM, SO AS TO CHANGE THE DEFINITION OF ELIGIBLE INMATE; TO AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT TO PROMULGATE REGULATIONS FOR THE SHOCK INCARCERATION PROGRAM, AND PROVIDE FOR A COMMITTEE, SO AS TO CORRECT CERTAIN REFERENCES; TO AMEND SECTION 24-13-1330, RELATING TO THE APPLICATION OF AN INMATE TO PARTICIPATE IN THE SHOCK INCARCERATION PROGRAM, SO AS TO DELETE THE AUTHORITY OF AN INMATE TO MAKE APPLICATION FOR THE PROGRAM AND INSTEAD PROVIDE THAT UPON ORDER BY THE COURT, THE COMMITTEE MAY CONSIDER AN INMATE FOR PARTICIPATION IN THE PROGRAM, AND TO DELETE THE AUTHORITY TO GRANT AN INMATE WHO HAS COMPLETED THE PROGRAM PAROLE RELEASE AND PROVIDE THAT HE MUST BE RELEASED TO COMMUNITY SUPERVISION FOR A PERIOD OF FIVE YEARS, NOTWITHSTANDING THE PROVISIONS OF SECTION 24-21-560 WITH THE REQUIREMENT TO PAY RESTITUTION, IF APPLICABLE; TO AMEND SECTION 24-13-1520, AS AMENDED, RELATING TO THE DEFINITIONS USED IN THE HOME DETENTION ACT, SO AS TO MAKE REFERENCE CHANGES, AND INCLUDE WITHIN THE DEFINITION OF "PARTICIPANT" ANOTHER SUITABLE PROGRAM THAT AN INMATE/OFFENDER MAY BE PLACED INTO FOR MONITORING IN THE COMMUNITY; TO AMEND SECTION 24-13-1530, AS AMENDED, RELATING TO CORRECTIONAL PROGRAMS FOR WHICH HOME DETENTION MAY BE SUBSTITUTED, SO AS TO AUTHORIZE LOCAL GOVERNMENTS TO ESTABLISH BY ORDINANCE THE SAME ALTERNATIVE TO INCARCERATIONS FOR PERSONS WHO ARE AWAITING TRIAL AND FOR OFFENDERS WHOSE SENTENCES DO NOT PLACE THEM IN CUSTODY OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-13-1560, AS AMENDED, SO AS TO MAKE IT OPTIONAL INSTEAD OF MANDATORY FOR A PARTICIPANT TO USE AN APPROVED ELECTRONIC MONITORING DEVICE; TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE APPLICABILITY TO CONTROLLED SUBSTANCE OFFENDERS TO THE PROVISIONS OF THE HOME DETENTION ACT, SO AS TO MAKE REFERENCE CHANGES AND PROVIDE THAT THE ACT DOES NOT APPLY TO A PERSON WAITING TRIAL ON CHARGES OF VIOLATING THE ELICIT NARCOTIC DRUG AND CONTROL SUBSTANCES LAWS CLASSIFIED AS CLASS A, B, OR C FELONIES PURSUANT TO SECTION 16-1-90; TO AMEND SECTION 24-19-160, RELATING TO THE COURT'S AUTHORITY TO SUSPEND THE IMPOSITION OR EXECUTION OF A SENTENCE AND THE JURISDICTION OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE REFERENCE CHANGES AND TO DELETE THE PROVISION WHICH PROVIDES THAT FOR PAROLE PURPOSES, A SENTENCE IS CONSIDERED A SENTENCE FOR SIX YEARS; TO AMEND SECTION 24-21-10, AS AMENDED, RELATING TO THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES AND BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE REFERENCE CHANGES; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE RESPONSIBILITIES OF THE DIRECTOR OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO MAKE REFERENCE CHANGES AND PROVIDE THAT THE DIRECTOR SHALL DEVELOP WRITTEN POLICY AND PROCEDURES FOR THE SUPERVISION AND REMOVAL OF OFFENDERS ON COMMUNITY SUPERVISION AND OTHER OFFENDERS RELEASED FROM INCARCERATION BEFORE THE EXPIRATION OF THEIR SENTENCE AND PROVIDE THAT THE DIRECTOR SHALL DEVELOP ADDITIONAL WORK-RELEASE PROGRAMS; TO AMEND SECTION 24-21-30, RELATING TO THE MEETINGS OF THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO PROVIDE FOR THE HOLDING OF MEETINGS TO CARRY OUT ITS RESPONSIBILITIES FOR OFFENDERS OF CRIMES COMMITTED BEFORE JANUARY 1, 1995, TO ADD PROVISIONS WHICH REQUIRE THE BOARD TO GRANT PAROLES BY CERTAIN VOTES OF THE FULL BOARD OR A THREE-MEMBER PANEL; TO AMEND SECTION 24-21-50, RELATING TO THE AUTHORITY OF THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES TO GRANT HEARINGS AND PERMIT ARGUMENTS AND APPEARANCES BY COUNSEL OR ANY INDIVIDUAL BEFORE IT, SO AS TO DELETE THE AUTHORITY OF THE BOARD TO GRANT OTHER FORMS OF CLEMENCY PROVIDED FOR UNDER LAW; TO AMEND SECTION 24-21-60, AS AMENDED, RELATING TO THE COOPERATION BETWEEN MUNICIPAL, COUNTY, OR STATE OFFICIALS TO ASSIST AND COOPERATE WITH THE FURTHERANCE OF OBJECTIVES OF THE PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO DELETE THE AUTHORITY OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES TO CONDUCT SURVEYS AND OBTAIN INFORMATION TO ENABLE THE BOARD TO PASS INTELLIGENTLY UPON APPLICATIONS FOR PAROLE; TO AMEND SECTION 24-21-80, AS AMENDED, RELATING TO THE REQUIREMENTS THAT PROBATIONERS AND PAROLEES ARE REQUIRED TO PAY A SUPERVISION FEE, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-220, AS AMENDED, RELATING TO POWERS AND DUTIES OF THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-230, AS AMENDED, RELATING TO THE EMPLOYMENT OF PROBATION AGENTS AND CLERICAL ASSISTANCE, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE GENERAL DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-300, RELATING TO THE CITATION AND AFFIDAVIT OF A PERSON WHO IS RELEASED PURSUANT TO PRISON OVERCROWDING, SO AS TO CORRECT REFERENCES, DELETE THE PROVISION THAT THE CITATION MUST SET FORTH THE PROBATIONER'S, PAROLEE'S, OR RELEASED OR FURLOUGHED PERSON'S RIGHTS; TO AMEND SECTION 24-21-910, RELATING TO THE DUTY OF THE PROBATION, PAROLE, AND PARDON SERVICES BOARD WITH RESPECT TO REPRIEVES OR COMMUTATION OF DEATH SENTENCES, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-21-950, RELATING TO GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDON, SO AS TO REVISE THE GUIDELINES; TO AMEND SECTION 24-23-20, RELATING TO THE CASE CLASSIFICATION PLAN WHICH MUST PROVIDE FOR THE CASE CLASSIFICATION SYSTEM, SO AS TO DELETE THE REFERENCE TO PAROLEE; TO AMEND SECTION 24-23-30, RELATING TO COMMUNITY CORRECTIONS PLAN WHICH MUST INCLUDE A DESCRIPTION OF COMMUNITY-BASED PROGRAM NEEDS, SO AS TO REPLACE PAROLEE WITH SUPERVISED PRISONERS AND TO CORRECT REFERENCES; TO AMEND SECTION 24-23-40, RELATING TO THE DEVELOPMENT OF STATEWIDE POLICIES WITH STATE AGENCIES REGARDING THE COMMUNITY CORRECTIONS PLAN, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-23-115, AS AMENDED, RELATING TO THE REQUIREMENT THAT THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION PROMULGATE REGULATIONS, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-23-130, AS AMENDED, RELATING TO DETERMINATION OF SUPERVISION UPON RECOMMENDATION OF AN AGENT IN CHARGE, SO AS TO REVISE THE CONDITIONS OF PROBATION AND INCLUDE COMMUNITY SUPERVISION; TO AMEND SECTION 24-23-210, AS AMENDED, RELATING TO THE FUNDING OF THE COMMUNITY CORRECTIONS PROGRAM, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 24-23-220, AS AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS TO THE CLERK OF COURT AS A CONDITION OF SUPERVISION UNDER RELEASE FROM PRISON, SO AS TO CORRECT REFERENCES; TO AMEND SECTION 25-7-30, RELATING TO GIVING INFORMATION RESPECTING NATIONAL OR STATE DEFENSE TO FOREIGN CONTACTS, SO AS TO CHANGE THE PENALTY FOR VIOLATION; TO AMEND SECTION 25-7-40, RELATING TO GATHERING INFORMATION FOR AN ENEMY, SO AS TO CHANGE THE PENALTY FOR VIOLATION; TO AMEND ACT 181 OF 1993, RELATING TO RESTRUCTURING, SO AS TO DELETE THE REPEAL OF SECTIONS CONCERNING THE SENTENCING AND GUIDELINES COMMISSION; TO REPEAL ARTICLE 7, CHAPTER 21 OF TITLE 24, RELATING TO PAROLE AND RELEASE FOR GOOD CONDUCT, CHAPTER 26 OF TITLE 24, RELATING TO THE SOUTH CAROLINA SENTENCING AND GUIDELINES COMMISSION, SECTION 24-1-200, RELATING TO INQUIRY INTO SENTENCES UNDER WHICH CONVICTS ARE CONFINED, SECTION 24-3-35, RELATING TO THE USE OF COUNTY PRISONERS FOR LITTER REMOVAL WORK, SECTION 24-3-40, RELATING TO THE DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SECTION 24-3-50, RELATING TO THE PENALTY FOR FAILURE OF A PRISONER TO REMAIN WITHIN EXTENDED LIMITS OF HIS CONFINEMENT, SECTIONS 24-7-10, 24-7-20, 24-7-30, 24-7-40, 24-7-50, 24-7-90, AND 24-7-100, ALL RELATING TO COUNTY CHAINGANGS, SECTION 24-13-60, RELATING TO THE SCREENING OF OFFENDERS FOR POSSIBLE PLACEMENT ON WORK RELEASE, SECTION 24-13-270, RELATING TO THE PREMATURE RELEASE OF PRISONERS, AND SECTIONS 24-13-710 AND 24-13-720 RELATING TO THE IMPLEMENTATION OF A SUPERVISED FURLOUGH PROGRAM AND THOSE INMATES ELIGIBLE TO BE PLACED WITH THE PROGRAM; TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO SUBMIT TO THE GENERAL ASSEMBLY, NO LATER THAN THE FIRST DAY OF THE 1995 LEGISLATIVE SESSION, A REPORT CONTAINING CERTAIN INFORMATION REGARDING PRISON INDUSTRIES AND AGRICULTURAL AND LITTER CONTROL PROGRAMS; AND TO DIRECT THE CODE COMMISSIONER, SUBJECT TO THE AVAILABILITY OF FUNDS, TO CHANGE CERTAIN REFERENCES IN THE 1976 CODE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 2 of the 1976 Code is amended by adding:
Section 2-48-10. (A) A need exists for careful planning to expand local detention and correctional facilities to enable local governments adequately to incarcerate offenders who are awaiting trial or serving sentences of imprisonment at the local level. At the same time, South Carolina faces a critical need for more prison space to accommodate the projected increase in the inmate population. At a time when the state's prisons are becoming increasingly overcrowded, budgetary resources are becoming more limited and the future availability of capital improvement bonds for more prison construction is uncertain.
(B) To ensure that adequate space is available in state corrections facilities for violent and habitual offenders, a need exists for additional community correctional facilities to enable courts to sentence nonviolent offenders to these less costly community correctional facilities which enable the offenders to make restitution payments and otherwise compensate the community for their crimes and which require participation in programs emphasizing substance abuse, education, and mental health counseling.
(C) The need exists for South Carolina to create a plan from which the State can establish a partnership with local governments to meet the corrections and incarceration needs of local governments and the State by offering less costly facilities for housing state and local inmates in alternative sentencing programs.
Section 2-48-20. (A) The Department of Corrections and a county, a municipality, another local governmental entity, or a multi-jurisdictional entity may enter into contracts for the incarceration of state, county, or municipal jail inmates and all services necessary, appropriate, or incidental to the housing and care of the inmates.
(B) The Department of Corrections, with the approval of the governing body of the local or multi-jurisdictional entity provided in subsection (A), may construct community correctional facilities for alternative sentencing programs within a municipality, county, or multi-jurisdictional region if the General Assembly appropriates the necessary funds.
Section 2-48-30. Before construction of a community correctional facility pursuant to Section 2-48-20, tracts of land suitable for the construction of community corrections facilities must be provided by the county, municipality, or other local governmental or multi-jurisdictional entity involved. The title of the lands provided must be conveyed to South Carolina. Upon the acquisition of the land in the name of the State, the State Budget and Control Board has the authority to convey the land to the Department of Corrections for the erection and construction of the facilities. The original construction costs and necessary equipment costs for the facilities must be paid by the State. These facilities must be constructed to the extent possible by utilizing inmate labor as determined appropriate by the Director of the Department of Corrections. Legal title to the facilities must be transferred to South Carolina, as set forth in this chapter, and the facilities are the property of the Department of Corrections.
Section 2-48-40. The construction of community corrections facilities, as authorized pursuant to this chapter, provides the courts with a less costly alternative to committing offenders to more secure state correctional institutions and assists in the supervision and rehabilitation of drug and alcohol and other nonviolent offenders, who can be incarcerated safely in community correctional facilities. The facilities may be used for furthering the reintegration of offenders into the community before their release. Facilities established pursuant to this chapter must be available as a means of providing sentencing alternatives for persons sentenced to incarceration in a state correctional facility. However, upon the approval by the Director of the Department of Corrections, the facilities may be made available to persons who otherwise would be sentenced to incarceration in a jail of the county, municipality, other local governmental, or multi-jurisdictional entity involved, if the inmates do not displace state inmates from participating in the programs.
Section 2-48-50. Community corrections facilities constructed pursuant to this chapter may include:
(1) work camps or other minimum security facilities to house offenders who are assigned under Section 24-13-660 or 24-13-910;
(2) minimum security or nonsecure facilities to house former probationers who have violated the terms or conditions of their probation;
(3) minimum security or nonsecure residential drug treatment facilities to house nonviolent drug offenders who are required to reside in them while receiving outpatient substance abuse treatment and working or attending school;
(4) minimum security or nonsecure facilities to house persons placed on community control who are required to reside in them while working to make restitution.
Section 2-48-60. The Department of Corrections and the Department of Probation and Community Supervision jointly shall develop and implement procedures to diagnose offenders before sentencing to recommend to the sentencing court suitable candidates for placement in a community corrections facility.
Section 2-48-70. Before the construction of a community correctional facility, the Department of Corrections shall establish a contract with the involved municipality, county, other local governmental entity, or multi-jurisdictional entity by which the involved local governing body agrees to:
(1) operate and manage the community correctional facility in accordance with the Minimum Standards for Local Detention Facilities in South Carolina;
(2) provide for the treatment, care, maintenance, employment, and rehabilitation of inmates in the community correctional facility. The municipality, county, other local governmental entity, or multi-jurisdictional entity must be reimbursed for the cost of caring for each state inmate as provided by contract. The contract also must:
(a) allow the governing body of the municipality, county, other local governmental entity, or multi-jurisdictional entity to rescind the contract by notification of its intention to rescind the contract at the beginning of the fiscal year. The recision is effective beginning the following fiscal year;
(b) provide that upon recision, the operation and management of the facilities constructed pursuant to this chapter and the care of the state inmates located at that facility reverts to the Department of Corrections;
(c) provide that all inmates under the jurisdiction of the municipality, county, other local governmental entity, or multi-jurisdictional entity who are incarcerated at that facility must be returned to the custody of their respective governmental entities.
Section 2-48-80. This chapter does not preempt application of applicable zoning laws or regulations.
Section 2-48-90. Legal custody of inmates assigned to a community correctional facility is in accordance with Section 24-3-30."
SECTION 2. The 1976 Code is amended by adding:
"Section 14-1-240. As used in this section through Section 14-1-360:
(1) `Income' means a form of payment to an individual regardless of source including, but not limited to, wages, salary, commission, compensation as an independent contractor, workers' compensation, disability, annuity and retirement benefits, and other payments made by a person, or an agency or a department of the federal, the state, or a local government if the income excludes:
(a) the amounts required by law to be withheld, other than creditor claims including, but not limited to, federal, state, and local taxes, and social security and other retirement deductions and disability contributions;
(b) the amounts exempted by federal law;
(c) public assistance payments.
State or local laws which limit or exempt income or the amount or percentage of income that can be withheld do not apply.
(2) `Obligor' means an individual who is required, pursuant to a court order, to make payments for fines, surcharges, assessments, costs, or fees owed to the State.
(3) `Payor' means a payor of income to an obligor. For purposes of this definition, the South Carolina Employment Security Commission is not considered to be a payor.
Section 14-1-250. (A) All orders issued by a court for the payment of fines, surcharges, assessments, costs, or fees owed to the State entered or modified after June 30, 1995, must contain the obligor's social security number and a provision for income withholding procedures to take effect if a delinquency occurs. These orders must be construed to contain this withholding provision even if the provision has been omitted from the written order. The court may order withholding to begin immediately for good cause shown. The court shall make specified written findings to support immediate withholding.
(B) For each obligor against whom an order has been issued or modified before July 1, 1995, the order is presumed to contain a provision for income withholding procedures to take effect if a delinquency occurs without further amendment to the order or further action by the court.
(C) An obligor may petition the court at any time before the occurrence of a delinquency seeking an order for income withholding procedures to begin immediately.
Section 14-1-260. (A) When a delinquency occurs, the clerk of court shall prepare, file, and serve on the obligor a verified notice of delinquency. The verified notice of delinquency must be served on the obligor by regular mail addressed to his last known address or place of employment. Upon mailing the notice, the clerk of court shall file a certificate of mailing stating the name and address to which the notice was mailed and the date on which it was mailed. If service cannot be effected as set forth in this section, the obligor may be served as prescribed for service in civil actions.
(B) The notice of delinquency must inform the obligor that a delinquency has occurred and must recite the obligations of the obligor pursuant to the court order, the total amount of the arrearage as of the date of the notice, and the amount of income to be withheld. The notice clearly must state that a notice to withhold will be sent to the obligor's current or subsequent payor, income withholding will begin, and a judgment lien may be imposed against the obligor's personal or real property in the amount of the arrearage unless the obligor files a petition to stay service in accordance with Section 14-1-270.
Section 14-1-270. (A) The obligor may prevent a notice to withhold from being served on his payor and prevent the recording of the arrearage by filing a petition to stay service with the clerk of court with jurisdiction of the matter within ten days of the date that the notice of delinquency is postmarked. The grounds for granting the petition to stay service are limited to a dispute concerning the identity of the obligor or the existence or amount of the arrearage.
(B) Filing of a petition to stay service within the required ten days prohibits the clerk of court from serving the notice to withhold on a payor of the obligor and prohibits the recordation of the arrearage.
(C) Where a petition to stay service has been filed, a hearing on the petition must be held within thirty days of its filing. The obligor must be notified by the clerk of court of the date, time, and place of the hearing, and the court shall decide the matter, notify the obligor, and enter an order granting or denying relief or amending the notice of delinquency within forty-five days of the date the notice of delinquency was mailed to the obligor. If the court finds that a delinquency existed when the notice of delinquency was mailed, the court shall order immediate service of the notice to withhold and the arrearage may be recorded immediately. The court shall inform the obligor of the time frame within which withholding is to begin and shall provide the obligor in writing with the information contained in the notice to withhold to be served on the payor with respect to the withholding.
(D) Upon filing an affidavit with the court stating that a petition to stay service was not timely filed because the notice of delinquency was not received and that grounds exist for a petition to stay service as stated in subsection (A), the obligor may file a petition to withdraw the notice to withhold, terminate the withholding procedures, and remove the judgment created by the recording of the arrearage. Income withholding, however, must not be interrupted unless the court enters an order granting the relief sought by the obligor based on the limited grounds for a petition to stay service.
Section 14-1-280. (A) Twenty days following the mailing of the notice of the delinquency to the obligor and where no petition to stay service has been filed, the clerk of court shall serve a notice to withhold on the payor or its agent by regular mail and may record the arrearage.
(B) The notice to withhold must:
(1) direct a payor to withhold at the obligor's regularly scheduled pay periods a reasonable amount to be paid toward satisfaction of the debt owed the State and to withhold an additional amount toward an arrearage owed to the State until the arrearage is paid in full. The amounts to be withheld under this item may not exceed the limits set forth by the Federal Consumer Credit Protection Act (15 U.S.C. Section 1673(b));
(2) state the rights, responsibilities, and liabilities of the payor under this section.
(C) The payor shall deduct the designated amount pursuant to the notice to withhold beginning no later than the next regularly scheduled pay period following the pay period during which the payor was served. Payors do not need to change their regular payroll pattern and may combine all withheld amounts into one check for a particular clerk of court with an itemized statement showing accounts attributable to each obligor. For each instance of withholding of income, the payor may receive a fee of up to three dollars to be deducted from the income of the obligor in addition to the amounts withheld pursuant to the notice to withhold, unless the fee is waived by the payor.
(D) Where there is more than one notice to withhold on a single obligor, the payor shall comply with the notices by withholding the amounts designated in the notices to the extent possible pursuant to the Federal Consumer Credit Protection Act. If the payor cannot comply fully with the notices because the amounts to be withheld would exceed the limits under the Federal Consumer Credit Protection Act, the payor shall notify the court in writing as to its reasons for failing to comply fully.
(E) The payor promptly shall pay the amount withheld to the clerk of court, in accordance with the notice to withhold and in accordance with subsequent notification received from the clerk of court concerning withholding.
(F) Upon the records of the clerk of court reflecting the satisfaction of an arrearage, the clerk of court shall serve upon the payor by regular mail a notice of reduction of withholding. This notice must inform the payor that the arrearage has been satisfied and to discontinue withholding the additional amount as prescribed in item (1) of subsection (B). This reduction, however, may not affect the continued withholding of the amount prescribed in item (2) of subsection (B).
(G) Within twenty days after the obligor is no longer employed by the payor, the payor shall return a copy of the notice to withhold to the clerk of court and shall notify the clerk of court in writing of the date the obligor's employment terminated, the date of the obligor's final paycheck, the obligor's home address, and the obligor's new employer and address, if known.
(H) Withholding of income from an obligor under this section has priority over any other legal process under state law against the same wages except an order withholding income to secure payment of support obligations as provided under Sections 20-7-1315 through 20-7-1329. Payment pursuant to a notice to withhold is a complete defense by the payor against claims of the obligor or his creditors as to the sum paid.
(I) No payor may discharge, refuse to hire, or otherwise penalize an obligor because of the duty to withhold income.
(J) The responsibility of a payor who employs an obligor to withhold income from the pay of the obligor ends when the obligor leaves the employ of the payor. If this termination of employment occurs during the middle of a pay period, the final amount required to be withheld must be reduced proportionately in the same percentage that the time worked has to the time of the full pay period.
Section 14-1-290. (A) An obligor may petition the court at any time to terminate income withholding when payments pursuant to a notice to withhold have been made for at least one year, all arrearages have been paid in full, and the court finds that the obligor has demonstrated a continuing ability to pay. For a petition brought under this section, the court may order the withdrawal of the notice to withhold and terminate the withholding procedures unless it finds good cause for denying the petition. If the termination is granted and subsequently a delinquency occurs, the clerk of court shall reinstate withholding procedures by complying with all requirements for notice and service pursuant to this section.
(B) The clerk of court shall serve on the payor by regular mail a copy of an order entered pursuant to this section or Section 14-1-270(D) that affects the duties of the payor. If service cannot be effected as set forth in this section, the payor may be served as prescribed for service in civil actions.
(C) The notice to withhold continues to be binding upon the payor until service of an order of the court entered under this section or Section 14-1-270(D) or until notice is served on the payor by the clerk of court that the underlying order is for other reasons no longer in effect.
Section 14-1-300. An obligor whose income is being withheld or who has been served with a notice of delinquency shall notify the clerk of court of a new payor within seven days after his employment commences.
Section 14-1-310. A clerk of court who collects, receives, or disburses payment pursuant to a court order or a notice to withhold shall maintain complete, accurate, and clear records of all payments and their disbursements. Certified copies of payment records maintained by the clerk of court, without further proof, must be admitted into evidence in related legal proceedings.
Section 14-1-320. The Office of the Court Administration shall design suggested legal forms for proceeding pursuant to Sections 14-1-240 through 350 make these forms available to the courts, and prepare informational materials which describe the procedures and remedies for distribution to all parties in income withholding actions.
Section 14-1-330. Where a payor wilfully fails to withhold or pay over income pursuant to a notice to withhold, the court, upon notice and hearing, may enter judgment and direct the issuance of an execution against the payor for the total amount that the payor wilfully failed to withhold. A payor who wilfully refuses to hire or who discharges or otherwise penalizes an obligor as prohibited by Section 14-1-280(I), is subject to a civil fine not to exceed five hundred dollars which may be imposed by the court in its discretion. If an obligor or obligee wilfully initiates a false proceeding under this Sections 14-1-240 through 14-1-350 or wilfully fails to comply with the requirements of these sections, punishment for contempt may be imposed.
Section 14-1-340. The rights, remedies, duties, and penalties created by Section 14-1-240 through 14-1-350 are in addition to other rights, remedies, duties, and penalties otherwise provided by law.
Section 14-1-350. The Office of Court Administration may promulgate regulations necessary to implement Sections 14-1-240 through 14-1-340.
Section 14-1-360. When a delinquency occurs the obligor must be given notice pursuant to Section 14-1-260 of the proposed lien. Where no petition to stay service is timely filed or where no relief is granted to the obligor pursuant to Section 14-1-270, the arrearage may be recorded as provided for in Section 14-1-1-280 in the appropriate index in the office of the Clerk of Court or Register of Mesne Conveyances. Upon recordation, the arrearage has the same effect as a judgment, and it is cumulative to the extent of past due money owed, until the arrearage is paid in full. The judgment may be recorded in any county in which the obligor resides or in which he owns real property by the filing of a transcript of judgment in that county. A lien imposed pursuant to this section is not dischargeable in bankruptcy.
Section 14-1-370. Notwithstanding existing county funds allocated to the clerks of court, fines, surcharges, assessments, costs or fees owed to the State and collected by the clerks of court first must be used by the family court section of the respective offices of the clerks of court to provide adequate staff and equipment to implement and operate Sections 14-1-240 through 14-1-350.
Section 14-1-380. The remedy provided in Sections 14-1-240 through 14-1-350 is in addition to, and not in substitution for, any other remedy otherwise available to enforce a court order. Relief under these sections must not be denied, delayed, or otherwise affected because of the availability of other remedies, nor may relief under another statute be delayed or denied because of the availability of this remedy.
Section 14-1-390. The clerk of the circuit court of every county shall submit to the chief administrative judge of his circuit and to the Department of Probation and Community Supervision a report of all fines, costs, assessments, forfeitures, and penalties, including court-ordered restitution of a sum certain, imposed in his court which remain unsatisfied as of the last day of the quarter preceding the quarter in which the report is made. The quarterly report must include the social security number or driver's license number of the defendant, if known. It is the duty of the Department of Probation and Community Supervision to make inquiries into the reasons why the fines, costs, assessments, forfeitures, penalties, and restitution remain unsatisfied. If it appears from the inquiries that any of the amounts may be satisfied, the Department of Probation and Community Supervision shall cause, in addition to other provisions of law, proper proceedings to be instituted for the collection and satisfaction of the amounts.
Section 14-1-400. If the Director of the Department of Probation and Community Supervision is of the opinion that it would be impractical or uneconomical for it to institute proceedings as provided under Section 14-1-390, he may contract with attorneys or private collection agencies, upon terms and conditions established by guidelines promulgated by the Attorney General and the Chief Justice of the Supreme Court, or request the Attorney General to assist in the collection of unpaid fines, costs, forfeitures, and penalties. The Attorney General may render assistance, upon request, in the manner he considers appropriate. The fees of private attorneys or collection agencies must be paid on a contingency fee basis out of the proceeds of the amounts collected.
Section 14-1-410. (A) Whenever a defendant, convicted of a traffic infraction or a violation of a criminal law of the State, is sentenced to pay costs, assessments, fees, fines, or penalties, and he is unable to make immediate payment, the court, on motion of the defendant, may order him to pay costs, assessments, fees, fines, or penalties in installments or upon other terms and conditions within a period of time to enable him to pay the amounts due.
(B) When the court has authorized deferred payment or installment payments, the clerk shall give notice to the defendant that upon his failure to pay as ordered he may be punished pursuant to Section 14-1-420.
Section 14-1-420. (A) When a defendant sentenced to pay a fine, penalty, costs, fees, and assessments defaults in their payment or of an installment, upon the motion of the person authorized by law to collect the payment, of the solicitor, or of the court, the court shall hold a hearing to require the defendant to show good cause for his default. The standard of proof is by a preponderance of the evidence, and the burden of establishing good cause for a default is on the defendant who has defaulted.
(B) If the court finds that the defendant has defaulted without good cause, the court shall order one or more of the following:
(1) pursuant to Section 17-25-323, enter a civil judgment in favor of the State for the unpaid balance of fines, penalties, costs, fees, or assessments, if this has not been entered previously by a clerk of court;
(2) order the suspension of the driver's license or the nonresident reciprocity driving privilege of the person, prohibit the person from obtaining a driver's license or exercising reciprocity driving privileges until the person has made all past due payments, and notify the Division of Motor Vehicles of the Department of Revenue of the action taken;
(3) pursuant to Sections 14-1-240 through 14-1-350, order an employer of the defendant to withhold and pay over to the clerk of the court, out of the employment income due or to become due the defendant at each pay period, an amount ordered to be paid toward satisfaction of the debt owed the State if it is shown that the defendant has not attempted to pay when he has the ability to do so;
(4) pursuant to Article 3, Chapter 54, of Title 12, Setoff Debt Collection Act, order the Department of Revenue to set off refunds due the debtor from the department by the sum certified by the agency or clerk as delinquent debt, if this previously has not been ordered by the court and entered by a clerk of court;
(5) order the debtor to pay reasonable costs and attorneys' fees, if any, associated with this enforcement action.
(C) If the person has defaulted with good cause, the court shall take appropriate action to modify or establish a reasonable schedule for payment, and for a fine, if the court finds that the circumstances that warranted the fine have changed or that it would be unjust to require payment, the court may relieve or exempt the person from payment of the unpaid portion of the fine."
SECTION 3. The 1976 Code is amended by adding:
"Section 17-27-45. (A) An application for relief filed pursuant to this chapter must be filed within one year after the entry of a judgment of conviction or within one year after the sending of the remittitur to the lower court from an appeal or the filing of the final decision upon an appeal, whichever is later.
(B) When a court whose decisions are binding upon the Supreme Court of this State or the Supreme Court of this State holds that the Constitution of the United States or the Constitution of South Carolina, or both, impose upon state criminal proceedings a substantive standard not previously recognized or a right not in existence at the time of the state court trial, and if the standard or right is intended to be applied retroactively, an application under this chapter may be filed not later than one year after the date on which the standard or right was determined to exist.
(C) If the applicant contends that there is evidence of material facts not previously presented and heard that requires vacation of the conviction or sentence, the application must be filed under this chapter within one year after the date of actual discovery of the facts by the applicant or after the date when the facts could have been ascertained by the exercise of reasonable diligence."
SECTION 4. The 1976 Code is amended by adding:
"Section 22-5-580. (A) A statewide pretrial classification program is established to bring about an improvement of magistrates' collections and consideration of information concerning release of persons placed in jail pending disposition of criminal charges. The program must allow magistrates to make more fully informed bail-setting decisions so those persons who present low risks of absconding while under appearance recognizance or an appearance bond may be released and those persons presenting unacceptably high risks of absconding or committing crime will continue to be held in custody.
(B) The Department of Probation and Community Supervision shall promulgate regulations in accordance with the Administrative Procedures Act to be used by magistrates in improving the collection and consideration of information on persons requesting release on appearance recognizance or appearance bonds. The regulations developed by the Department of Probation and Community Supervision must include the establishment of a `point-total' system for pretrial screening of appropriate defendants. This system must establish an amount or range of the recognizance entered into based on the nature of the offense charged, the danger the accused presents to himself and others, the likelihood the accused will flee to avoid trial, and other applicable factors. The regulations also must provide guidance for the collection and verification of relevant information on the person under consideration for the release."
SECTION 5. The 1976 Code is amended by adding:
"Section 24-3-25. (A) The governing bodies of counties or municipalities may join in establishing local regional correctional facilities for the confinement of persons awaiting trial or sentence on criminal charges, convicted and sentenced on criminal charges, or not otherwise eligible for confinement in state or other facilities. For this purpose, the governing bodies may:
(1) acquire, hold, construct, finance, improve, maintain, operate, own or lease, in the capacity of lessor or lessee, a local regional correctional facility for the purpose of incarcerating their own inmates, inmates of other counties or municipalities, or inmates from the Department of Corrections;
(2) form cooperative agreements for the management, supervision, and control of a local regional correctional facility, its property, assets, funds, employees, and prisoners, and other resources and liabilities as appropriate.
(B) Every sentenced person committed to a local regional correctional facility constructed or operated pursuant to this section unless disqualified by sickness or otherwise, must be kept at some useful employment suited to his age and capacity and which may tend to promote the best interest of the citizens of this State."
SECTION 6. The 1976 Code is amended by adding:
"Section 24-3-430. (A) The Director of the Department of Corrections may establish a program involving the use of inmate labor in private industry for the manufacturing and processing of goods, wares, or merchandise or the provision of services or another business or commercial enterprise considered by the director to enhance the general welfare of South Carolina.
(B) The director may enter into contracts necessary to implement this program. The contractual agreements may include rental or lease agreements for state buildings or portions of them on the grounds of an institution or a facility of the Department of Corrections and provide for reasonable access to and egress from the building to establish and operate a facility.
(C) An inmate may participate in the program established pursuant to this section only on a voluntary basis and only after he has been informed of the conditions of his employment.
(D) No inmate participating in the program may earn less than the prevailing wage for work of similar nature in the private sector.
(E) Inmate participation in the program may not result in the displacement of employed workers and may not impair existing contracts for services.
(F) Nothing contained in this section restores, in whole or in part, the civil rights of an inmate. No inmate compensated for participation in the program is considered an employee of the State.
(G) The earnings of an inmate authorized to work at paid employment pursuant to this section must be paid directly to the Department of Corrections and applied as provided under Section 24-3-40."
SECTION 7. The 1976 Code is amended by adding:
"Section 24-13-80. (A) As used in this section:
(1) `Detention facility' means a municipal or county jail or state correctional facility used for the detention of persons charged with or convicted of a felony, misdemeanor, municipal offense, or violation of a court order.
(2) `Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, a municipal offense, or violation of a court order.
(3) `Medical treatment' means each visit initiated by the inmate to an institutional physician, physician's extender including a physician's assistant or a nurse practitioner, dentist, optometrist, or psychiatrist for examination or treatment.
(4) `Administrator' means the county administrator, city administrator, or the chief administrative officer of a county or municipality.
(5) `Director' means the agency head of the Department of Corrections.
(B) The administrator or director, whichever is appropriate, may establish, by rules, criteria for a reasonable deduction from money credited to the account of an inmate to:
(1) repay the costs of:
(a) public property wilfully damaged or destroyed by the inmate during his incarceration;
(b) medical treatment for injuries inflicted by the inmate upon himself or others;
(c) searching for and apprehending the inmate when he escapes or attempts to escape. The costs must be limited to those extraordinary costs incurred as a consequence of the escape; or
(d) quelling a riot or other disturbance in which the inmate is unlawfully involved;
(2) defray the costs paid by a municipality or county for elective medical treatment for an inmate, which has been requested by him, if the deduction does not exceed five dollars for each occurrence of treatment received by the inmate at the inmate's request. If the balance in an inmate's account is five dollars or less, the fee must not be charged. This item does not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible.
(C) All sums collected for medical treatment must be reimbursed to the inmate if the inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.
(D) The detention facility may initiate an action for collection of recovery of medical costs incurred pursuant to this section against an inmate upon his release or his estate if the inmate was executed or died while in the custody of the detention facility."
SECTION 8. The 1976 Code is amended by adding:
"Section 24-13-100. Notwithstanding another provision of law, no prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including those prisoners serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is eligible for work release until the prisoner has served not less than:
(1) seventy percent of the term of imprisonment imposed if the prisoner committed a `violent' crime as defined under Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or
(2) sixty percent of the term of imprisonment imposed if the prisoner is considered `nonviolent' as defined under Section 16-1-70."
SECTION 9. The 1976 Code is amended by adding:
"Section 24-13-150. (A) Notwithstanding another provision of law, a prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision until the prisoner has served:
(1) eighty percent of the term of imprisonment imposed if the offender committed a `violent' crime as defined in Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or
(2) seventy percent of the term of imprisonment imposed if the offender is considered `nonviolent' as defined in Section 16-1-70.
(B) The percentages in subsection (A) must be calculated without the application of earned work credits, education credits, and good time credits."
SECTION 10. The 1976 Code is amended by adding:
"Section 24-13-175. Notwithstanding another provision of law, sentences imposed and time served must be computed based upon a three hundred and sixty-five day year."
SECTION 11. Chapter 13, Title 24 of the 1976 Code is amended by adding:
Section 26-13-1710. As used in this article, unless the context clearly indicates otherwise:
(1) `assets' means: property, tangible or intangible, real or personal, belonging to or due an offender, a former offender, or an offender's estate including income or payments to the offender from social security, workers' compensation, veterans' compensation, pension benefits, previously earned salary or wages, bonuses, annuities, retirement benefits, except to the extent that inclusion of the income, payment, or benefits are inconsistent with federal law, or another source. `Assets' includes, but is not limited to:
(a) money or other tangible assets received by the offender as a result of a settlement of a claim against the State or its agencies or a claim against an employee or independent contractor arising from and in the scope of the employee's or contractor's official duties on behalf of the State or its agencies;
(b) a money judgment received by the offender from the State as a result of a civil action in which the State, its agencies or a state employee or an independent contractor where the judgment arose from a claim arising from the conduct of official duties on behalf of the State by the employee or subcontractor or for an agency of the State.
`Assets' excludes amounts required by law to be withheld, other than creditor claims including, but not limited to, federal, state, and local taxes, social security and other retirement deductions, disability contributions, and amounts exempted by federal law.
(2) `cost of care' means the cost to the Department of Corrections for providing transportation, room, board, clothing, security, medical, and other normal living expenses of offenders under the jurisdiction of the department, as determined by the Director of the Department of Corrections.
(3) `Department' means the Department of Corrections of this State.
(4) `Director' means the Director of the department.
(5) `Prisoner' means a person under the jurisdiction of the department and confined in a state correctional facility or under the continuing jurisdiction of the department.
(6) `State correctional facility' means a facility or institution which houses an offender population under the jurisdiction of the department. State correctional facility includes a correctional camp, community corrections center, or state prison.
Section 24-13-1720. The department shall develop a form which it shall use to obtain information from all prisoners regarding their assets. The form must be submitted to each person who is a prisoner as of the date the form is developed and to every person who is sentenced to imprisonment under the jurisdiction of the department after it is developed. The form may be resubmitted to a prisoner by the department to obtain current information regarding his assets. Every prisoner shall complete the form or provide for completion of the form, and the prisoner shall swear or affirm under oath that to the best of his knowledge the information provided is complete and accurate. Failure by a prisoner to complete the form fully and adequately may be considered for purposes of a parole determination.
Section 24-13-1730. The director shall forward to the Attorney General a report on each prisoner containing a completed form together with all other information available on the assets of the prisoner and an estimate of the total cost of care for that prisoner. The Attorney General may investigate or cause to be investigated all reports furnished to him. The investigation may include seeking information from any source that may have relevant information concerning a prisoner's assets. If the Attorney General upon completing the investigation has good cause to believe that a prisoner has sufficient assets, he may seek to secure reimbursement for the expense of the State for the cost of care of the prisoner.
Section 24-13-1740. The circuit court has exclusive jurisdiction over all proceedings seeking reimbursement from prisoners pursuant to this article. The Attorney General may file a complaint in the circuit court for the county from which a prisoner was sentenced or in the circuit court of the county of the office of the director of the department against a prisoner under the jurisdiction of the department or his estate stating that the person is or has been a prisoner in a state correctional facility and that there is good cause to believe the prisoner has assets and praying that the assets be used to reimburse the State for the expenses incurred or to be incurred, or both, by the State for the cost of care of the person as a prisoner.
Section 24-13-1750. Upon the filing of the complaint under this article, the court shall issue an order to show cause why the prayer of the complainant should not be granted. The complaint and order must be served upon the prisoner personally, or if the prisoner is confined in a state correctional facility, by registered mail addressed to the prisoner in care of the chief administrator of the state correctional facility where the prisoner is housed, or upon the personal representative of the prisoner's estate at least thirty days before the date of hearing on the complaint and order.
Section 24-13-1760. At the time of the hearing on the complaint and order, if it appears that the prisoner has assets which should be subjected to the claim of the State, the court shall issue an order requiring a person, a corporation, or another legal entity possessed or having custody of the assets to appropriate and apply the assets or a portion of them to reimburse the State for its expenses incurred on behalf of the prisoner or for future expenses the State shall pay on the prisoner's behalf. However, the portion of the amount of reimbursement ordered which is attributable to room and board must not be in excess of the per capita cost attributable to room and board for the state correctional facility in which the prisoner is housed for the period the person is a prisoner in a state correctional facility.
Section 24-13-1770. At the hearing on the complaint and order and before entering order on behalf of the State against the defendant, the court shall take into consideration legal obligations of the defendant to support a spouse, minor children, or other dependents and moral obligations to support dependents to whom the defendant is providing or in fact has provided support.
Section 24-13-1780. If the person, corporation, or other legal entity neglects or refuses to comply with an order issued pursuant to this article, the court shall order the person, corporation, or other legal entity to appear before the court at a time the court may direct and to show cause why the person, corporation, or other legal entity should not be considered in contempt of court.
Section 24-13-1790. If, in the opinion of the court, the assets of the prisoner are sufficient to pay the cost of the proceedings undertaken pursuant to this article, the prisoner or his estate is liable for those costs upon order of the court.
Section 24-13-1800. Except as otherwise provided in this article, the Attorney General may use a remedy, an interim order, or an enforcement procedure allowed by law or court rule, including an ex parte restraining order, to restrain the prisoner or another person or legal entity in possession or having custody of the estate of the prisoner from disposing of certain property in avoidance of an order issued pursuant to this article. To protect and maintain assets pending resolution of proceedings initiated pursuant to this article, the court, upon request, may appoint a receiver.
Section 24-13-1810. The Attorney General shall enforce this article. However, the Attorney General may request the prosecuting attorney of the county in which the prisoner was sentenced or the prosecuting attorney of the county in which an asset of a prisoner is located to make an investigation or assist in legal proceedings undertaken pursuant to this article.
Section 24-13-1820. The sentencing judge, the sheriff, the county or municipality, the chief administrator of the state correctional facility, and the State Treasurer shall furnish to the Attorney General or prosecuting attorney all information reasonably requested to enable the Attorney General or prosecuting attorney to secure reimbursement for the State pursuant to this article.
Section 24-13-1830. The Secretary of State, the Director of the Department of Revenue, and the Director of the Department of Social Services shall provide the Attorney General or the prosecuting attorney with all information requested pursuant to this article.
Section 24-13-1840. A county or municipal official having custody of records of the estate or real property of a prisoner shall surrender records or certified copies of them without fee to the Attorney General or prosecuting attorney who requests the records pursuant to this article.
Section 24-13-1850. The costs of investigations must be paid from the reimbursements secured pursuant to this article, and the balance of the reimbursements must be credited to the General Fund of the State.
Section 24-13-1860. The State Treasurer may determine the amount due the State for the cost of care of a prisoner and render statements of the cost. The sworn statements are prima facie evidence of the amount due."
SECTION 12. Chapter 13, Title 24 of the 1976 Code is amended by adding:
Section 24-13-1910. There is established one or more Centers for Alcohol and Drug Rehabilitation under the jurisdiction of the Department of Corrections to treat and rehabilitate alcohol and drug offenders. The Department of Alcohol and Other Drug Abuse Services has primary responsibility for the addictions treatment of the offenders, and the Department of Corrections has primary responsibility for the maintenance and security of the offenders. The Department of Corrections may construct one or more centers upon the necessary appropriation of funds by the General Assembly. The centers established and constructed as authorized by this section shall provide at least 750 beds.
Section 24-13-1920. The Department of Alcohol and Other Drug Abuse Services shall establish a program to provide alcohol and drug abuse intervention, prevention, and treatment services for offenders sentenced to a Center for Alcohol and Drug Rehabilitation established pursuant to Section 24-13-1910. The Department of Alcohol and Other Drug Abuse Services shall provide staff and support necessary to administer the program. Funds for this program must be appropriated annually by the General Assembly.
Section 24-13-1930. A judge may suspend a sentence for a defendant convicted of a drug or alcohol offense for which imprisonment of more than ninety days may be imposed or as a revocation of probation and may place the offender in a Center for Alcohol and Drug Rehabilitation. The Department of Corrections, on the first day each month, shall present to the general sessions court a report detailing the availability of bed space in the Center for Alcohol and Drug Rehabilitation.
Section 24-13-1940. For the Department of Corrections to establish and maintain a Center for Alcohol and Drug Rehabilitation, its director shall coordinate with the Department of Alcohol & Other Drug Abuse Services to:
(1) develop policies and procedures for the operation of the Center for Alcohol and Drug Rehabilitation;
(2) fund other management options advantageous to the State including, but not limited to, contracting with public or nonpublic entities for the management of a Center for Alcohol and Drug Rehabilitation;
(3) lease buildings;
(4) develop standards for alcohol and drug abuse counseling for offenders sentenced to a Center for Alcohol and Drug Rehabilitation;
(5) develop standards for disciplinary rules to be imposed on residents of a Center for Alcohol and Drug Rehabilitation.
Section 24-13-1950. If an offender does not have paid employment, he shall perform public service employment up to a total of fifty hours a week.
Section 24-13-1960. Upon release from a Center for Alcohol and Drug Rehabilitation, the offender must be placed on probation for a term as ordered by the court. Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence. No person is ineligible for this program by reason of gender."
SECTION 13. The 1976 Code is amended by adding:
"Section 24-21-560. (A) All prisoners who commit a crime after December 31, 1994, satisfactorily shall complete a community supervision program operated by the Department of Probation and Community Supervision. This program may last no more than two years at the sole discretion of the department. No civil liability attaches to the department or its employees based on the exercise of this discretion. The court shall determine when a prisoner fails to complete this program or whether a prisoner's community supervision should be revoked. The proceeding must be initiated pursuant to a warrant or a citation issued by a probation agent setting forth the violations of the community supervision program. If the supervision is revoked, the prisoner shall return to prison to serve a one year sentence without credits and then return to community supervision.
(B) All decisions made by the department or the court in dealing with community supervision are final, with no right of appeal. A convict must not be released into the community without having satisfactorily completed a period of community supervision. If the prisoner does not complete the community supervision, he must be returned to prison for one year and then placed back on community supervision until he satisfactorily completes it or his community supervision is revoked. This process continues until the prisoner satisfactorily has completed community supervision. The prisoner shall complete community supervision successfully to be released from the criminal justice system. Successful completion of the community supervision program satisfies the prisoner's sentence.
(C) The Department of Corrections shall notify victims pursuant to Section 16-3-1530(c) and the sheriff's office of the community where the prisoner is to be released when he is released to community supervision."
SECTION 14. Title 24 of the 1976 Code is amended by adding:
Section 24-27-10. (A) There is established the South Carolina Sentencing and Corrections Policy Commission composed of the following voting members:
(1) three representatives appointed by the Governor based on involvement in one or more citizens organizations concerned with criminal justice or corrections policies, or both;
(2) an attorney experienced in the practice of criminal law, appointed by the Governor from a list of candidates submitted by the President of the South Carolina Bar;
(3) a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;
(4) a circuit court judge, appointed by the Chief Justice of the Supreme Court;
(5) the President of the Summary Court Judges' Association, or his designee, who must be a summary court judge;
(6) the chairmen of the Senate Judiciary, the Senate Corrections and Penology, the Senate Finance, the House Judiciary, the House Medical, Military, Public and Municipal Affairs, and the House Ways and Means Committees, or their respective designees, one at-large member to be appointed by the Speaker of the House, and one at-large member to be appointed by the President of the Senate;
(7) the South Carolina Attorney General, or his designee;
(8) the Director of the South Carolina Department of Corrections, or his designee, who must be an employee of the Department of Corrections;
(9) the Chief of the State Law Enforcement Division, or his designee;
(10) the Chairman of the Commission on Indigent Defense, or his designee, who must be a member of that commission or who must be the director of the commission;
(11) the Chairman of the Board of Pardons, or his designee;
(12) the Director of the Department of Probation and Community Supervision, or his designee, who must be an employee of that department;
(13) a representative appointed by the Governor from the South Carolina Crime Victim's Advisory Board who has at least four years administrative experience in a court-related Victim's Assistance Fund, or if no one meeting this qualification exists, another member of the South Carolina Crime Victim's Advisory Board appointed by the Governor;
(14) the Chairman of the Commission for Prosecution Coordination, or his designee, who must be a solicitor;
(15) a sheriff or other representative appointed by the South Carolina Sheriffs' Association;
(16) a representative who is a chief law enforcement officer of a municipality, appointed by the South Carolina Police Chiefs' Association;
(17) a representative of county government, appointed by the South Carolina Association of Counties;
(18) a representative of municipal government, appointed by the South Carolina Municipal Association;
(19) a director of a local detention facility appointed by the South Carolina Jail Administrators' Association;
(20) the Director of the Jail and Prison Inspection Division of the Department of Corrections;
(21) a representative of the private corrections industry, appointed by the Governor;
(22) the Director of the Department of Public Safety, or his designee;
(23) the Director of the Department of Alcohol and Other Drug Abuse Services or his designee;
(24) the Director of the Department of Mental Health, or his designee.
(B) The appointed members of the commission serve for terms of four years. The members of the commission who are designated to serve by a particular person or official serve at the pleasure of that person or official making the designation and only as long as the designated member holds the official position entitling him to membership on the commission. Members are eligible for reappointment, and a vacancy must be filled in the manner of original appointment for the remainder of the unexpired term. The members of the commission shall elect one member to serve as chairman for a term of one year and additional officers they consider necessary for the efficient discharge of their duties. Members are eligible for reelection as officers of the commission.
Section 24-27-20. The South Carolina Sentencing and Corrections Policy Commission has the following duties and responsibilities:
(1) prescribe advisory sentencing guidelines for the general sessions court for all offenses for which a term of imprisonment of more than one year is allowed.
(a) The guidelines must establish:
(i) the circumstances under which imprisonment of an offender is proper;
(ii) a range of fixed sentences for offenders for whom imprisonment is proper, based on each appropriate combination of reasonable offense and offender characteristics;
(iii) a determination whether multiple sentences to terms of imprisonment must be ordered to run concurrently or consecutively. (b) In establishing the advisory sentencing guidelines, the commission shall take into consideration current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities;
(2) establish appropriate advisory sentencing guidelines for the general sessions courts for all offenses for which a term of imprisonment of one year or less is allowed;
(3) establish appropriate advisory guidelines for offenders for whom traditional imprisonment is not considered proper. Advisory guidelines promulgated by the commission for offenders for whom traditional imprisonment is not considered proper must make specific reference to noninstitutional sanctions;
(4) develop and recommend policies for preventing prison and jail overcrowding;
(5) examine the impact of statutory provisions and current administrative policies on prison and jail overcrowding;
(6) before January sixteenth each year, prepare and submit to the Governor, the General Assembly, and the Chief Justice of the Supreme Court a comprehensive state criminal justice ten-year, five-year, and one-year plan for preventing prison and jail overcrowding. This plan must include, but is not limited to, the number of persons currently involved in pretrial and postsentencing options predominantly provided through community-based agencies which minimize the number of persons requiring incarceration consistent with protection of public safety, including mediation, restitution, supervisory release, and community service plans and the impact on prison populations, local communities, and court caseloads. The commission shall take into account state plans in the related areas of mental health and drug and alcohol abuse in the development of the plan.
(7) research and gather relevant statistical data and other information concerning the impact of efforts to prevent prison and jail overcrowding and make the information available to criminal justice agencies and members of the General Assembly;
(8) serve as a clearing house and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices and conduct ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating to the improvement of the criminal justice system;
(9) make recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing.
Section 24-27-30. The commission may employ a staff director and other professional and clerical personnel upon the appropriation of sufficient funds by the General Assembly. The duties of the staff director and the other personnel of the commission must be set by the commission.
Section 24-27-40. The commission shall receive funding provided by the General Assembly and is encouraged to apply for and may expend federal funds and grants and gifts it may receive from other sources to carry out its duties and responsibilities.
Section 24-27-50. The commission, by vote of a majority of the membership, may establish general policies. The advisory guidelines prescribed and promulgated pursuant to Section 24-27-20 must be approved by Joint Resolution of the General Assembly.
Section 24-27-60. The commission shall recommend to the General Assembly a classification system based on maximum term of imprisonment for all South Carolina criminal offenses. Thereafter, the commission shall make, from time to time, recommendations to the General Assembly regarding changes in the classification system."
SECTION 15. Section 11-35-710 of the 1976 Code, as last amended by Section 94, Act 181 of 1993, is further amended to read:
"Section 11-35-710. The board, may upon the recommendation of the Division of General Services, may exempt governmental bodies from purchasing certain items through the respective chief procurement officer's area of responsibility. The board may exempt specific supplies or services from the purchasing procedures herein required in this section and for just cause may by unanimous written decision limit or may withdraw any exemptions provided for in this section. The following exemptions are hereby granted in this chapter:
(a) (1) the construction, maintenance, and repair of bridges, highways and roads; vehicle and road equipment maintenance and repair; and any other emergency type parts or equipment utilized by the Department of Transportation;
(b) (2) the purchase of raw materials and supplies by the South Carolina Department of Corrections, Division of Prison Industries;
(c) (3) South Carolina State Ports Authority;
(d)(4) Division of Public Railways of the Department of Commerce;
(e) (5) South Carolina Public Service Authority;
(f) (6) expenditure of funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of student organizations and from the operation of canteens and bookstores, except as such the funds are used for the procurement of construction, architect-engineer, construction-management, and land surveying services;
(g) (7) livestock, feed, and veterinary supplies;
(h) (8) articles for commercial sale by all governmental bodies;
(i) (9) fresh fruits, vegetables, meats, fish, milk, and eggs;
(j)(10) South Carolina Arts Commission and South Carolina Museum Commission for the purchase of one-of-a-kind items such as paintings, antiques, sculpture and similar objects. Before any a governmental body procures any such the objects, the head of the purchasing agency shall prepare a written determination specifying the need for such the objects and the benefits to the State. The South Carolina Arts Commission shall review such the determination and forward a recommendation to the board for approval;
(k)(11) published books, periodicals, and technical pamphlets.;
(l)(12) South Carolina Research Authority;
(13) The purchase of goods, products, and services by state offices, departments, institutions, agencies, boards, and commissions or the political subdivisions of this State from the South Carolina Department of Corrections, Division of Prison Industries."
SECTION 16. Section 16-3-20(A) of the 1976 Code is amended to read:
"(A) A person who is convicted of or pleads guilty to murder must be punished by death or by imprisonment for a term of years up to life and is not eligible for parole until the service of twenty years; provided,. However, that when the State seeks the death penalty and an aggravating circumstance is specifically found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the court must shall impose a sentence of life imprisonment without eligibility for parole until the service of thirty years. Provided, further, that For purposes of this section, `life' means until death. Under no circumstances may a female who is pregnant with child be executed so as long as she is in that condition. When the Governor commutes a sentence of death under the provisions of Section 14, of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole. No person sentenced under the provisions of this subsection may receive any work-release credits, good-time credits, or any other credit that would reduce the mandatory imprisonment required by this subsection."
SECTION 17. Section 16-3-30 of the 1976 Code is amended to read:
"Section 16-3-30. All Wilful killing by poisoning of any a person shall be is adjudged, taken, and deemed wilful murder, of malice prepense, and the offender therein, and his aiders, abetters, procurers, and counselors, shall suffer death as in other cases of wilful murder must be imprisoned for a term of years up to life. For purposes of this section, `life' means until death."
SECTION 18. Section 16-3-40 of the 1976 Code is amended to read:
"Section 16-3-40. Whoever shall stab A person who stabs or thrust any thrusts a person who has not then any a weapon drawn or who has not then first stricken the person who shall so stab stabs or thrust thrusts, so that the person so stabbed or thrust shall thereof die dies within the space of six months then next following, although it cannot be proved that the same was done of malice aforethought, yet the party so offending, and being thereof convicted, shall suffer death as in the case of wilful murder; provided, that must be imprisoned for a term of years up to life. For purposes of this section, `life' means until death. Nothing herein contained shall extend in this section extends to any a person who:
(1) Who shall kill any kills person in self-defense, or by misfortune or in any other another manner than as aforesaid provided in this section;
(2) Who, in keeping and preserving the peace, shall chance chances to commit manslaughter if such the manslaughter be is not committed wittingly, willingly, and of purpose under pretext and color of keeping the peace; nor
(3) Who, in chastising or correcting his child, shall, besides his intent and purpose, chance chances to commit manslaughter."
SECTION 19. Section 16-3-85 of the 1976 Code, as last amended by Act 412 of 1992, is further amended to read:
"Section 16-3-85. (A) A person is guilty of homicide by child abuse who:
(1) causes the death of a child under the age of eleven years while committing child abuse or neglect as defined in Section 20-7-490, and the death occurs under circumstances manifesting an extreme indifference to human life; or
(2) knowingly aids and abets another person to commit child abuse or neglect as defined in Section 20-7-490, and the child abuse or neglect results in the death of a child under the age of eleven years.
(B) Homicide by child abuse is a felony, and a person who is convicted of or pleads guilty to homicide by child abuse:
(1) under subsection (A)(1) may be imprisoned for a term of years up to life but not less than a term of twenty years. For purposes of this section, `life' means until death; or
(2) under subsection (A)(2) must be imprisoned for a term not exceeding twenty years nor less than ten years.
(C) In sentencing a person under this section the judge shall consider any aggravating circumstances, including, but not limited to, a defendant's past pattern of child abuse or neglect of a child under the age of eleven, years and any mitigating circumstances;. However, a child's crying does not constitute provocation so as to be considered a mitigating circumstance."
SECTION 20. Section 16-3-210 of the 1976 Code is amended to read:
"Section 16-3-210. Any An act of violence inflicted by a mob upon the body of another person which results in the death of the person shall constitute constitutes the crime of lynching in the first degree and shall be is a felony. Any A person found guilty of lynching in the first degree shall suffer death unless the jury shall recommend the defendant to the mercy of the court, in which event the defendant shall be confined at hard labor in the State Penitentiary for a term not exceeding forty years or less than five years at the discretion of the presiding judge must be imprisoned for a term of years up to life. For purposes of this section, `life' means until death."
SECTION 21. Section 16-3-430 of the 1976 Code is amended to read:
"Section 16-3-430. In case any If a person shall kill kills another in any a duel with a deadly weapon or shall inflict inflicts a wound or wounds upon any a person in any a duel so that the person so wounded shall thereof die dies within the space of six months then next following, such the person so killing another or so wounding any person whereby such person so wounded shall die as aforesaid, being thereof convicted, shall suffer death, as in the case of wilful murder must be imprisoned for a term of years up to life. For purposes of this section, `life' means until death."
SECTION 22. Section 16-3-625 of the 1976 Code is amended to read:
"Section 16-3-625. Any A person seventeen years of age or older who resists the lawful efforts of a law enforcement officer to arrest him or her or any other another person with the use or threat of use of any a deadly weapon against the officer, when such and the person is in possession or claims to be in possession of a deadly weapon, shall be deemed is guilty of a felony and, upon conviction, shall must be punished by imprisonment for imprisoned not more than ten nor less than two years. No sentence imposed hereunder for a first offense shall may be suspended to less than six months nor shall the persons so sentenced be eligible for parole until after service of six months. No person sentenced sentence imposed under this section for a second or subsequent offense shall have such sentence may be suspended to less than two years nor shall such person be eligible for parole until after service of two years.
As used in this section `deadly weapon' shall mean means a shotgun, rifle, pistol, or knife.
This section shall in no manner does not affect or replace the common law crime of assault and battery with intent to kill nor shall does it apply if the sentencing judge, in his discretion, elects to sentence an eligible defendant under the provisions of the `Youthful Offenders Act'."
SECTION 23. Section 16-3-652 of the 1976 Code is amended to read:
"Section 16-3-652. (1) A person is guilty of criminal sexual conduct in the first degree if the actor engages in sexual battery with the victim and if any one or more of the following circumstances are proven:
(a) The actor uses aggravated force to accomplish sexual battery.
(b) The victim submits to sexual battery by the actor under circumstances where the victim is also the victim of forcible confinement, kidnapping, robbery, extortion, burglary, housebreaking, or any other similar offense or act.
(2) A person convicted of criminal sexual conduct in the first degree is guilty of a felony punishable by imprisonment for not more than thirty years, according to the discretion of the court a term of years up to life. For purposes of this section, `life' means until death."
SECTION 24. Section 16-3-1260 of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:
"Section 16-3-1260. (1) Any A payment of benefits to, or on behalf of, a victim or intervenor, or eligible family member under this article shall create creates a debt due and owing to the State by any a person found in as determined by a court of competent jurisdiction of this State, to have who has committed such the criminal act.
(2) The circuit court, when placing on probation any a person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court also may also set the schedule or amounts of payments subject to modification based on change of circumstances.
(3) The Department of Parole and Community Corrections shall also have the right to make payment of the debt or a portion of the debt to the State a condition of parole.
(4) When a juvenile is adjudicated delinquent in a Family Court proceeding involving a crime upon which a claim under this article can be made, the Family Court, in its discretion, may order that the juvenile pay the debt to the Victim's Compensation Fund State Office of Victim Assistance, as created by this article, as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in Section 20-7-1330.
(5)(4) Payments authorized or required under this section must be paid to the Victim's Compensation Fund State Office of Victim Assistance. The Director of the Victim's Compensation Fund State Office of Victim Assistance shall coordinate the development of policies and procedures for the South Carolina Department of Corrections, the South Carolina Office of Court Administration, and the South Carolina Board Department of Parole Probation and Community Corrections Supervision to assure that victim restitution programs are administered in an effective manner to increase payments into the Compensation Fund State Office of Victim Assistance.
(6)(5) Restitution payments to the Victim's Compensation Fund State Office of Victim Assistance may be made by the Department of Corrections from wages accumulated by offenders in its custody who are subject to this article, except that offenders wages shall must not be used for this purpose if such monthly wages are at or below minimums required to purchase basic necessities."
SECTION 25. The first paragraph of Section 16-3-1530(C) of the 1976 Code, as last amended by Act 68 of 1991, is further amended to read:
"Victims and witnesses who wish to receive notification and information shall provide the solicitor, the Department of Corrections, and the Department of Probation, Parole and Pardon Services Community Supervision their current address and telephone number. This information, as it is contained in Department of Corrections and Department of Probation, Parole and Pardon Services Community Supervision files, is privileged and must not be disclosed directly or indirectly, except between these two departments or by order of a court of competent jurisdiction. The solicitor's office which is prosecuting the case has the responsibility of the rights in this subsection, except items (6) and (7) which are the responsibility of the Department of Probation, Parole and Pardon Services Community Supervision and the Department of Corrections."
SECTION 26. Section 16-3-1530(D)(3) of the 1976 Code is amended to read:
"(3) A victim has the right to receive restitution for expenses or property loss incurred as the result of the crime. The judge shall order restitution at every sentencing for a crime against person or property or as a condition of probation or parole, unless the court finds a substantial and compelling reason not to order restitution. The court shall diligently, fairly, and in a timely manner enforce all orders of restitution."
SECTION 27. Section 16-3-1550(B) of the 1976 Code, as last amended by Act 579 of 1988, is further amended to read:
"(B) It is the responsibility of the solicitor's Victim or Witness Assistance Unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in general sessions court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In those cases which the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or Witness Assistance Unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time prior to before sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections and to the Parole and Community Corrections Board Department of Probation and Community Supervision. Solicitors shall begin using these victim impact statements no later than January 1, 1985."
SECTION 28. Section 16-11-311 of the 1976 Code is amended to read:
"Section 16-11-311. (A) A person is guilty of burglary in the first degree if the person enters a dwelling without consent and with intent to commit a crime therein in it, and either one or more of the following apply:
(1) When, in effecting entry or while in the dwelling or in immediate flight therefrom from it, he or another participant in the crime:
(a) is armed with a deadly weapon or explosive; or
(b) causes physical injury to any a person who is not a participant in the crime; or
(c) uses or threatens the use of a dangerous instrument; or
(d) displays what is or appears to be a knife, pistol, revolver, rifle, shotgun, machine gun, or other firearm; or.
(2) The burglary is committed by a person with a prior record of two or more convictions for burglary or housebreaking or a combination of both; or.
(3) The entering or remaining occurs in the nighttime.
(B) Burglary in the first degree is a felony punishable by life imprisonment; provided, that the court, in its discretion, may sentence the defendant to a term of not less than fifteen years, provided, that no person convicted of burglary in the first degree shall be eligible for parole except upon service of not less than one-third of the term of the sentence for a term of years up to life. For purposes of this section, `life' means until death."
SECTION 29. Section 16-11-330 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:
"Section 16-11-330. (A) A person convicted for the crime of robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon is guilty of a felony and, upon conviction, must be imprisoned:
(1) for a mandatory minimum term of ten years and not more than thirty years, no part of which may be suspended. A person convicted under the provisions of this subsection is not eligible for parole until he has served at least seven years of his sentence.
(1)(2) A person under the age of twenty-one sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act) convicted of armed robbery shall receive and serve a for a mandatory minimum sentence of at least three years, no part of which may be suspended if the person is under the age of twenty-one and sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act). The person is not eligible for parole or probation until he has served a three year minimum sentence. (2) A person between the ages of twenty-one and twenty-five, who is convicted of armed robbery, may not be sentenced under the provisions of Chapter 19 of Title 24 (the Youthful Offenders Act).
(B) A person convicted for attempted robbery while armed with a pistol, dirk, slingshot, metal knuckles, razor, or other deadly weapon is guilty of a felony and, upon conviction, must be imprisoned not more than twenty years."
SECTION 30. Section 16-11-340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 16-11-340. The South Carolina Department of Revenue and Taxation, with funds already appropriated to the department, shall print and distribute to each business establishment in this State, to which has been issued a retail sales tax license, a cardboard placard not less than eight inches by eleven inches which shall bear bears the following inscription in letters not less than three-fourths inch high:
`BY ACT OF THE SOUTH CAROLINA GENERAL ASSEMBLY ANY A PERSON CONVICTED OF ARMED ROBBERY SHALL SERVE A SENTENCE OF NO LESS THAN SEVEN TEN YEARS AT HARD LABOR WITHOUT PAROLE.'
Such The placard shall must be prominently displayed in all retail establishments to which they are issued."
SECTION 31. Section 16-11-540 of the 1976 Code is amended to read:
"Section 16-11-540. Whoever A person who wilfully and unlawfully damages or destroys or attempts to damage or destroy by means of an explosive or incendiary any a building, a vehicle, or other real or personal property; or aids, agrees with, employs, or conspires with, any a person to do or cause causes to be done any of the these acts hereinbefore mentioned, shall be is guilty of a felony, and, upon conviction, shall must be imprisoned for not less than two years nor more than twenty years; and if personal injury results, shall must be imprisoned for not less than ten years nor more than twenty-five years; and if death results, shall suffer death, unless the jury shall recommend the defendant to the mercy of the court, in which event the defendant shall be confined in the State Penitentiary for a term not exceeding fifty years nor less than twenty-five years must be imprisoned for a term of years up to life. For purposes of this section, `life' means until death."
SECTION 32. Section 17-25-45 of the 1976 Code is amended to read:
"Section 17-25-45. (1) A.(A) (1) Notwithstanding any other another provision of law, any a person who has three two convictions under the laws of this State, any other another state, or the United States, for a violent crime as defined in Section 16-1-60, irrespective of whether the prisoner is considered a violent offender, except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such a violent crime, must be sentenced to life imprisonment without parole. For purposes of this section `life imprisonment' means until death.
B.(2) For the purpose of this section only, a conviction is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three must be determined in a like manner.
(2)(B) The decision to invoke sentencing under subsection (1)(A) shall be is in the discretion of the solicitor. Notice must be given by the solicitor before trial."
SECTION 33. Section 17-25-70 of the 1976 Code is amended to read:
"Section 17-25-70. Notwithstanding any other another provision of law, a local governing body may authorize the sheriff or other official in charge of this a local correctional facility to require any able-bodied convicted person committed to such the facility to perform labor on in the public works or ways interest. This labor may involve public service work or related activities which conform to the provisions of Section 24-13-660. The public service work may include, but is not limited to, maintenance or repair of the drainage systems, highways, streets, bridges, grounds, and buildings and litter control and emergency relief efforts. Any A convicted person physically capable of performing such the labor who refuses to obey a direct order to perform such the labor shall is not be entitled to good behavior credits pursuant to Section 24-13-210 or productive duty credits pursuant to Section 24-13-230 herein; provided, however, that any. An inmate participating in a local work punishment or other public service sentence program shall must not be arbitrarily removed arbitrarily from such the program and required to perform work on the public works or ways. A local governing body may enter into a contractual agreement with another governmental entity for use of inmate labor in the performance of work for a public purpose."
SECTION 34. Section 24-3-20 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-3-20. (a)(A) Notwithstanding the provisions of Section 24-3-10, any a person convicted of an offense against the State of South Carolina and committed to the State Penitentiary at Columbia shall a state correctional facility must be in the custody of the South Carolina Department of Corrections of the State of South Carolina, and the director shall designate the place of confinement where the sentence shall must be served. Nothing in this section prevents a court from ordering a sentence to run concurrently with a sentence being served in another state or an active federal sentence. The director may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a county jail or prison camp, whether maintained by the State department of Corrections or otherwise. Provided, that if If the facility is not maintained by the department, the consent of the sheriff of the county wherein where the facility is located must first be obtained.
The department shall notify the trial solicitor, sheriff, judge, and victims registered pursuant to Section 16-3-1530(c) before releasing inmates on work release. The department shall have the authority to deny release based upon the opinions received.
(b)(B) When the director determines, after the minimums provided in Section 24-13-100 have been served, that the character and attitude of a prisoner reasonably indicates that he may be so trusted, it he may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, provided that the director determines that:
(1) such the paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and
(2) the rates of pay and other conditions of employment will not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed.
(c)(C) Notwithstanding the provisions of Section 24-3-10 or any other provisions of law, the department shall make available for use in litter control and removal any or all prison inmates not engaged in programs determined by the department to be more beneficial in terms of rehabilitation and cost effectiveness. Provided, however, that the The department of Corrections shall not make available for litter control those inmates who, in the judgment of the director, pose a significant threat to the community or who are not physically, mentally, or emotionally able to perform work required in litter control. No inmate shall must be assigned to a county prison facility except upon written acceptance of the inmate by the chief county administrative officer or his designee and no prisoner may be assigned to litter control in a county which maintains a facility unless he is assigned to the county prison facility. The department of Corrections shall include in its annual report to the Budget and Control Board an analysis of the job and program assignments of inmates. This plan shall include such programs as litter removal, prison industries, work release, education, and counseling. The department of Corrections shall make every effort to minimize not only inmate idleness but also occupation in marginally productive pursuits. The State Budget and Control Board and the Governor's Office shall comment in writing to the department concerning any necessary alterations in this plan.
(d)(D) The department of Corrections may establish a restitution program for the purpose of allowing persons convicted of nonviolent offenses who are sentenced to the State department of Corrections to reimburse the victim for the value of the property stolen or damages caused by such the offense. In the event that there is no victim involved, the person convicted shall contribute to the administration of the program. The department of Corrections is authorized to promulgate regulations necessary to administer the program.
(e)(E) In the event that a person is sentenced to not more than seven years and for not more than a second offense for the following offenses: larceny, grand larceny, forgery and counterfeiting, embezzlement, stolen property, damage to property, receiving stolen goods, shoplifting, housebreaking, fraud, vandalism, breach of trust with fraudulent intent, and storebreaking, the judge shall establish at the time of sentencing a maximum amount of property loss which may be used by the South Carolina department of Corrections in the administration of the restitution program."
SECTION 35. Section 24-3-30 of the 1976 Code, as last amended by Section 392, Act 181 of 1993, is further amended to read:
"Section 24-3-30. Notwithstanding the provisions of Section 24-3-10 of the 1976 Code, or any other another provision of law, any a person convicted of an offense against the State shall must be in the custody of the Department of Corrections of the State, and the department shall designate the place of confinement where the sentence shall must be served. The department may designate as a place of confinement any an available, a suitable, and an appropriate institution or facility, including, but not limited to, a county jail or work camp whether maintained by the State Department of Corrections or otherwise, but. However, the consent of the officials in charge of the county institutions so designated shall must be first obtained first. Provided, that If imprisonment for three months or less is ordered by the court as the punishment, all persons so convicted shall must be placed in the custody, supervision, and control of the appropriate officials of the county wherein in which the sentence was pronounced, if such the county has facilities suitable for confinement. Provided, further, that A county or municipality, through mutual agreement or contract, may arrange with another county or municipality or a local regional correctional facility for the detention of its prisoners. The Department of Corrections shall must be notified by the county officials concerned not less than six months prior to before the closing of any a county prison facility which would result in the transfer of the prisoners of the county facility to facilities of the department.
Each county administrator, or the equivalent, having charge of county prison facilities, may, upon the department's designating the county facilities as the place of confinement of a prisoner, may use the prisoner assigned thereto to them for the purpose of working the roads of the county or other public work. Any A prisoner so assigned to the county shall must be under the custody and control of the administrator or the equivalent during the period to be specified by the director at the time of the prisoner's assignment, but the assignment shall must be terminated at any time the director determines that the place of confinement is unsuitable or inappropriate, or that the prisoner is employed on other than public works. If, upon termination of the assignment, the prisoner is not returned, habeas corpus will lie lies."
SECTION 36. Section 24-3-40 of the 1976 Code, as last amended by Section 393, Act 181 of 1993, is further amended to read:
"Section 24-3-40. Unless otherwise provided by law, the employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 or in a prison industry program provided under Article 3 of this chapter shall pay the prisoner's wages directly to the Department of Corrections. The Director of the Department of Corrections shall withhold five percent of the gross wages and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the `Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404'. The director is further authorized to may withhold from the wages such costs incident to the prisoner's confinement as the Department of Corrections considers appropriate and reasonable. These withholdings must be deposited to the maintenance account of the Department of Corrections. The balance of the wages may, in the discretion of the director, and in such proportions determined by the director, may be disbursed to the prisoner, the prisoner's dependents, to and the victim of the crime, or deposited to the credit of the prisoner."
SECTION 37. Section 24-3-210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-3-210. The director may extend the limits of the place of confinement of a prisoner, as to whom 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.
The director also may similarly extend similarly 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 such the inmate will honor his trust.
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 shall be deemed is considered an escape from the custody of the director punishable as provided in Section 24-13-410."
SECTION 38. Section 24-3-330 of the 1976 Code, as last amended by Section 411, Act 181 of 1993, is further amended to read:
"Section 24-3-330. (A) All offices, departments, institutions, and agencies of this State which are supported in whole or in part by this State shall purchase, and all political subdivisions of this State may purchase, from the State Department of Corrections, articles or products made or produced by convict labor in this State or any other another state, as provided for by this article, and no such article or product shall. These articles and products must not be purchased by any such an office, a department, an institution, or an agency from any other another source, unless excepted from the provisions of this section, as hereinafter provided by law. All purchases shall must be made from the Department of Corrections, upon requisition by the proper authority of the office, department, institution, agency, or political subdivision of this State requiring such the articles or products.
(B) The Materials Management Office of the Division of General Services shall monitor the cooperation of state offices, departments, institutions, and agencies in the procurement of goods, products, and services from the Division of Prison Industries of the Department of Corrections."
SECTION 39. Section 24-3-360 of the 1976 Code, as last amended by Section 413, Act 181 of 1993, is further amended to read:
"Section 24-3-360. The State Department of Corrections shall cause to be prepared, annually, at such times as it may determine, catalogues containing the description of all articles and products manufactured or produced under its supervision pursuant to the provisions of this article,. Copies of which this catalogue shall must be sent by it to all offices, departments, institutions, and agencies of this State and made accessible to all political subdivisions of this State referred to in Sections 24-3-310 to 24-3-330. At least thirty days before the commencement beginning of each fiscal year, the proper official of each such office, department, institution, or agency, when required by the State Department of Corrections, shall report to the State department of Corrections estimates for such fiscal year of the kind and amount of articles and products reasonably required for such the ensuing year, referring in such the estimates to the catalogue issued by the State department of Corrections in so far as articles and products indicated are included in this catalogue. This chapter prohibits a state office, department, institution, or agency or the political subdivisions of this State from contacting and requesting the Department of Corrections to manufacture or produce articles or products similar, but not identical, to articles or products listed in the catalogue."
SECTION 40. Section 24-3-410 of the 1976 Code, as last amended by Section 417, Act 181 of 1993, is further amended to read:
"Section 24-3-410. (A) It is unlawful to sell or offer for sale on the open market of this State articles or products manufactured or produced wholly or in part by inmates in this or another state.
(B) The provisions of this section do not apply to:
(1) articles manufactured or produced by persons on parole or probation;
(2) the production of cattle, cotton, Turkish tobacco, soybeans, and wheat;
(3) products sold by the Department of Corrections made by inmates in the hobbycraft program;
(4) articles or products sold to nonprofit corporations incorporated under the provisions of Article 1, Chapter 31 of Title 33, or to organizations operating in this State which have been granted an exemption under Section 501(c) of the Internal Revenue Code of 1986;
(5) road and street designation signs sold to private developers;
(6) articles or products made in an adult work activity center established by the Department of Corrections through contracts with private sector businesses which provide work and vocational training opportunities for the physically handicapped, mentally retarded, or aged inmates where the compensation is paid by the private sector business to the inmate on a piece completed basis;
(7) products sold intrastate or interstate produced by inmates of the Department of Corrections employed in a federally certified private sector/prison industries program if the inmate workers participate voluntarily, receive comparable wages, and the work does not displace employed workers. For purposes of this item, `products' does not include goods and Standard Industrial Classification Code 27. The Department of Labor shall develop guidelines to determine if the work displaces employed workers;
(8) articles or products produced pursuant to a contract entered into pursuant to Section 24-3-430.
(C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five thousand dollars or imprisoned for not less than three months nor more than one year, or both. Each sale or offer for sale is a separate offense under this section. Proceeds of the sale of agricultural products, when produced by an instrumentality under control of the State Department of Corrections, must be applied as provided in Section 24-1-250."
SECTION 41. Section 24-13-210 of the 1976 Code, as last amended by Section 437, Act 181 of 1993, is further amended to read:
"Section 24-13-210. (a)(A) Each A prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections including those prisoners a prisoner serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. However, no prisoner is entitled to a reduction below the minimums provided in Section 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good behavior credit shall be computed.
(b)(B) Each A prisoner convicted of an offense against this State and confined in a local correctional facility, or upon the public works of any county in this State, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein where he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. However, no prisoner is entitled to a reduction below the minimums provided in Section 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good behavior credits must be computed.
(c)(C) If, during the term of imprisonment, a prisoner commits any an offense or violates any one of the rules of the institution, all or any part of his good conduct time may be forfeited at the discretion of the Director of the Department of Corrections, if the prisoner be is confined in facilities of the department, or in the discretion of the local official having charge of prisoners sentenced to terms of imprisonment at the local level. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.
(d)(D) Any A person who has served the term for which he has been sentenced, less deductions allowed therefrom for good conduct, is considered upon release to have served the entire term for which he was sentenced."
SECTION 42. Section 24-13-230(a) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(a) The Director of the Department of Corrections may allow any a prisoner in the custody of the department, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. However, no inmate serving the sentence of life imprisonment is entitled to credits under this provision. A maximum annual credit for both work credit and class credit is limited to one hundred eighty days. The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. No credits earned under this section may be applied in a manner which would prevent full participation in the department's prerelease and community supervision program."
SECTION 43. Section 24-13-1310(1) of the 1976 Code, as last amended by Act 520 of 1992, is further amended to read:
"(1) `Eligible inmate' means a person committed to the South Carolina Department of Corrections:
(a) who has not reached the age of thirty years at the time of admission to the department;
(b) who is eligible for release on parole in two years or less;
(c) who has not been convicted of a violent crime as defined in Section 16-1-60;
(d)(c) who has not been incarcerated previously in a state correctional facility or has not served a sentence previously in a shock incarceration program;
(e)(d) who physically is able to participate in the program;
(f)(e) whose sentence specifically does not prohibit the offender from participating in the shock incarceration program."
SECTION 44. Section 24-13-1320(B) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"(B) For each reception center the director shall appoint or cause to be appointed a shock incarceration selection committee which must include at least one representative of the Department of Probation, Parole, and Pardon Services Community Supervision and which shall meet on a regularly scheduled basis to review all applications for a program."
SECTION 45. Section 24-13-1330 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-13-1330. (A) An eligible inmate may make an application to the shock incarceration screening committee for permission to participate in a shock incarceration program. If the department has a victim witness notification request for an eligible inmate who has made an application, it shall notify the victim of the application. Upon order by the court, the committee may consider an inmate for participation in the shock incarceration program. (B) The committee shall consider input received from law enforcement agencies, victims, and others in making its decision for approval or disapproval of participation. If the committee determines that an inmate's participation in a program is consistent with the safety of the community, the welfare of the applicant, and the regulations of the department, the committee shall forward the application to the commissioner director or his designee for approval or disapproval.
(C)(B) An applicant may not participate in a program unless he agrees to be bound by all of its terms and conditions and indicates this agreement by signing the following:
`I accept the foregoing program and agree to be bound by its terms and conditions. I understand that my participation in the program is a privilege that may be revoked at the sole discretion of the commissioner director. I understand that I shall complete the entire program successfully to obtain a certificate of earned eligibility upon the completion of the program, and if I do not complete the program successfully, for any reason, I will be transferred to a nonshock incarceration correctional facility to continue service of my sentence.'
(D)(C) An inmate who has completed a shock incarceration program successfully is eligible to receive a certificate of earned eligibility and must be granted parole release released to community supervision for a period of five years, notwithstanding the provisions of Section 24-21-560, and with the requirement to pay restitution, if applicable.
(E)(D) Participation in a shock incarceration program is a privilege. Nothing contained in this article confers upon an inmate the right to participate or continue to participate in a program."
SECTION 46. Section 24-13-1520 of the 1976 Code, as last amended by Section 447, Act 181 of 1993, is further amended to read:
"Section 24-13-1520. As used in this article:
(1) `Department' means, in the case of for a juvenile offender, the Department of Juvenile Justice and, in the case of for an adult offender, the Department of Probation, Parole and Pardon Services Community Supervision, the Department of Corrections, and any other law enforcement agency created by law.
(2) `Court' means a circuit, or family, magistrate, 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 Community Supervision, the Board of Juvenile Parole, and the Department of Corrections.
(3) `Approved electronic monitoring device' means a device approved by the department which is primarily intended to record and transmit information as to the defendant's presence or nonpresence in the home. An approved electronic monitoring device may:
(a) record or transmit: oral or wire communications or an auditory sound;, visual images;, or information regarding the offender's activities while inside the offender's home. These devices are subject to the required consent as set forth in Section 24-13-1550.;
(b) An approved electronic monitoring device may be used to record a conversation between the participant and the monitoring device, or the participant and the person supervising the participant, solely for the purpose of identification and not for the purpose of eavesdropping or conducting any other illegally intrusive monitoring.
(4) `Home detention' means the confinement of a person convicted or charged with a crime to his place of residence under the terms and conditions established by the department.
(5) `Participant' means an inmate/offender placed into an electronic monitoring program or into another suitable program which provides supervision or monitoring or both, in the community."
SECTION 47. Section 24-13-1530 of the 1976 Code, as last amended by Act 594 of 1990, is further amended to read:
"Section 24-13-1530. (A) Notwithstanding any another 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 if 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 also may 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 pursuant to Section 24-9-20 and enforced pursuant to Section 24-9-30."
SECTION 48. Section 24-13-1560 of the 1976 Code, as last amended by Act 594 of 1990, is further amended to read:
"Section 24-13-1560. The participant shall use an approved electronic monitoring device as 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." SECTION 49. Section 24-13-1590 of the 1976 Code, as last amended by Section 448, 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 pursuant to Section 16-1-90; 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 Community Supervision to regulate or impose conditions for probation or parole."
SECTION 50. Section 24-19-160 of the 1976 Code is amended to read:
"Section 24-19-160. Nothing in this chapter shall limit limits or affect affects the power of any a court to suspend the imposition or execution of any a sentence and place a youthful offender on probation.
Nothing in this chapter shall may be construed in anywise to amend, repeal, or affect the jurisdiction of the Department of Probation, Parole, and Pardon Services Board Community Supervision. For parole purposes, a sentence pursuant to Section 24-19-50 (c) shall be considered a sentence for six years."
SECTION 51. Section 24-21-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-10. (A) The Department of Probation, Parole and Pardon Services Community Supervision, hereafter referred to as the `department', is governed by the director of Probation, Parole and Pardon Services the department, hereafter referred to as the `director'. The director must be appointed by the Governor with the advice and consent of the Senate.
(B) The Board of Probation, Parole and Pardon Services Pardons is composed of seven members. The terms of office of the members are for six years and until their successors are appointed and qualify. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at-large. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms."
SECTION 52. Section 24-21-13 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-13. (A) It is the duty of the director to oversee, manage, and control the department. The director shall develop written policies and procedures for the following:
(1) the supervising of offenders on probation, parole, and other offenders released from incarceration prior to the expiration of their sentence community supervision;
(2) the granting of paroles and pardons and the supervision and removal of offenders on community supervision and other offenders released from incarceration before the expiration of their sentence. Community supervision is a form of clemency which is decided administratively by the Department of Probation and Community Supervision. No inmate or future inmate shall have a `liberty interest' or an `expectancy of release' in community supervision. There is no right to appeal the revocation decision;
(3) the operation of community-based correctional programs; and
(4) the operation of public work sentence programs for offenders as provided in item (1) of this subsection. This program also may be utilized as an alternative to technical revocations.; and
(5) the development of additional work release programs.
The director shall establish priority programs for litter control along state and county highways. This must be included in the `public service work' program.
(B) It is the duty of the board to consider cases for parole, and pardon, and any other form of clemency provided for under law."
SECTION 53. Section 24-21-30 of the 1976 Code is amended to read:
"Section 24-21-30. For crimes committed before January 1, 1995, the board shall hold regular meetings, as may be necessary to carry out its duties, but at least four times each year, and as many extra meetings as the chairman, or the Governor acting through the chairman, may order. The board may preserve order at its meetings and punish any disrespect or contempt committed in its presence. The chairman may direct the members of the board to meet as three-member panels to hear matters relating to paroles and pardons as often as necessary to carry out the board's responsibilities. Membership on such panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the board, and the panel may issue an order of parole with the same force and effect of an order issued by the full board pursuant to Section 24-21-650. Any vote that is not unanimous shall not be considered as a decision of the board and the matter shall be referred to the full board which shall decide it based on a vote of a majority of the membership. The board may grant parole to a violent offender by a two-thirds majority vote of the full board. The board may grant parole to an offender who committed a violent crime before June 3, 1986, by a majority vote. The board may grant parole to a nonviolent offender by a unanimous vote of a three-member panel or by a majority vote of the full board."
SECTION 54. Section 24-21-50 of the 1976 Code is amended to read:
"Section 24-21-50. The board shall grant hearings and permit arguments and appearances by counsel or any individual before it at any such hearing while considering any a case for parole, or pardon or any other form of clemency provided for under law."
SECTION 55. Section 24-21-60 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-60. Every Each city, county, or state official or department shall assist and cooperate to further the objectives of this chapter. The board, the director of the department, and the probation agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The director may conduct surveys of the State Penitentiary, county jails, and camps and obtain information to enable the board to pass intelligently upon all applications for parole. The Director of the Department of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the director and the probation agents in the surveys."
SECTION 56. Section 24-21-80 of the 1976 Code, as last amended by Section 26, Part II, Act 164 of 1993, is further amended to read:
"Section 24-21-80. Every person granted parole by the board and every An adult placed on probation, parole, or community supervision by a court of competent jurisdiction shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. The regular supervision fee must be determined by the Department of Probation and Community Supervision based upon the ability of the person to pay. The fee must be not less than twenty dollars nor more than one hundred dollars per month. The fee is due on the date of sentencing or as soon as determined by the department and each subsequent anniversary for the duration of the supervision period. The department shall remit from the fees collected an amount not to exceed the regular supervision fees collected during fiscal year 1992-93 for credit to the State General Fund. All regular supervision fees collected in excess of the fiscal year 1992-93 amount must be retained by the department, carried forward, and applied to the department's operation. The payment of the fee must be a condition of parole or probation, parole, or community supervision and a delinquency of two months or more in making payments may operate as a revocation of parole or probation rendering the violator liable to serving out any remaining part of his sentence, after determination by the board or the court.
If a probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board department places a parolee under intensive supervision, or if an inmate who is participating in the Supervised Furlough Program is placed community supervision program under intensive supervision, the probationer, parolee, or inmate is required to pay not less than ten dollars nor more than thirty dollars each week for the duration of intensive supervision in lieu of the regular supervision fee. The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by the department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period if the department determines that these payments work a severe hardship on the individual. Delinquencies of two months or more in payment of a reduced fee operates in the same manner as delinquencies for the full amount. The department may substitute public service employment for supervision fees when it considers the same to be in the best interest of the State and the individual."
SECTION 57. Section 24-21-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-220. The director shall be is vested with the exclusive management and control of the department and shall be is responsible for the management of the department and for the proper care, treatment, supervision, and management of offenders under its control. The director shall manage and control the department and it shall be is the duty of the director to carry out the policies of the department. The director is responsible for scheduling board meetings, assuring that the proper cases and investigations are prepared for the board, maintaining the board's official records, and performing other administrative duties relating to the board's activities. The director must employ within his office such personnel as may be necessary to carry out his duties and responsibilities including the functions of probation, and parole, and community supervision, community based programs, financial management, research and planning, staff development and training, and internal audit. The director shall make annual written reports to the board, the Governor, and the General Assembly providing statistical and other information pertinent to the department's activities."
SECTION 58. Section 24-21-230 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-230. The director must employ such probation agents as required for service in the State and such clerical assistants as may be necessary. Such The probation and parole agents must take and pass such psychological and qualifying examinations as directed by the director. The director must ensure that each probation agent receives adequate training. Until such the initial employment requirements are met, no person may take the oath of a probation agent nor exercise the authority granted thereto to them."
SECTION 59. Section 24-21-280 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-280. A probation agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation, parole, or community supervision under his supervision a written statement of the conditions of probation, parole, or community supervision and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation, or parole, or community supervision under his supervision by visiting, requiring reports, and in other ways, and must report in writing as often as the court or director may require. He must use practicable and suitable methods to aid and encourage persons on probation, or parole, or community supervision to bring about improvement in their conduct and condition. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require. A probation agent must have, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and to the extent necessary the same right to execute process given by law to sheriffs. In the performance of his duties of probation, and parole, and community supervision, and investigation and supervision, he is regarded as the official representative of the court, and the department, and the board."
SECTION 60. Section 24-21-300 of the 1976 Code is amended to read:
"Section 24-21-300. At any time during a period of supervision, a probation and parole agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or community supervision releasee, or any a person released or furloughed under the Prison Overcrowding Powers Offender Management Systems Act in the agent's judgment violates the conditions of his release or suspended sentence. The citation must be directed to the probationer, parolee, the community supervision releasee, or the person released or furloughed, and must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the probationer's, parolee's, or released or furloughed person's rights and contain a statement that a hearing will be held in his absence if he fails to appear and that he may be imprisoned as a result of his absence. The citation may be served by a law enforcement officer upon the request of a probation and parole agent. The issuance of a citation or warrant during the period of supervision gives jurisdiction to the court and the board at any hearing on the violation."
SECTION 61. Section 24-21-910 of the 1976 Code is amended to read:
"Section 24-21-910. The Probation, Parole, and Pardon Services Board of Pardons shall consider all petitions for reprieves or the commutation of a sentence of death to life imprisonment which may be referred to it by the Governor and shall make its recommendations to the Governor regarding such the petitions. The Governor may or may not adopt such the recommendations but in case he does not he shall submit his reasons for not doing so to the General Assembly. The Governor may act on any such petition without reference to the board."
SECTION 62. Section 24-21-950 of the 1976 Code is amended to read:
"Section 24-21-950. (A) The following guidelines shall must be utilized by the board when determining when an individual is eligible for pardon consideration.
A.(1) Probationers shall must be considered upon the request of the individual anytime after discharge from supervision.
B. Persons discharged from a sentence without benefit of parole shall be considered upon the request of the individual anytime after the date of discharge.
C. Parolees shall be considered for a pardon upon the request of the individual anytime after the successful completion of five years under supervision. Parolees successfully completing the maximum parole period, if less than five years, shall be considered for pardon upon the request of the individual anytime after the date of discharge.
D. An inmate shall be considered for pardon prior to parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.
E.(2) The victim of a crime or any a member of a convicted person's family living within this State may petition for a pardon for any a person who is no longer an inmate or a probationer.
(B) Persons discharged from a sentence without benefit of supervision must be considered upon the request of the individual anytime after the date of discharge."
SECTION 63. Section 24-23-20 of the 1976 Code is amended to read:
"Section 24-23-20. The case classification plan shall must provide for case classification system consisting of the following:
(a)(1) supervisory control requirements which include, but are not limited to, restrictions on the probationer/parolee's movement in the community, living arrangements, social associations, and reporting requirements;
(b)(2) rehabilitation needs of probationer/parolee including, but not limited to, employment, education, training, alcohol and drug treatment, counseling and guidance with regard to alcohol and drug abuse, psychological or emotional problems, or handicaps;
(c)(3) categorization of the offender as to the extent and type of staff time needed, possible assignment to specialized caseload or treatment programs, and specifics as to the degree of perceived risk posed by the probationer/parolee;
(d)(4) identification of strategies and resources to meet the identified needs, and specific objectives for the probationer/parolee to strive to meet such as obtaining employment, participating in a counseling program, and securing better living arrangements;
(e)(5) periodic and systematic review of cases to assess the adequacy of supervisory controls, participation in rehabilitation programs, and need for recategorization based upon the behavior and progress of the probationer/parolee; and
(f)(6) regular statewide monitoring and evaluation of the case classification by appropriate supervisory, classification, and program development/ and evaluation staff in the central administrative office."
SECTION 64. Section 24-23-30 of the 1976 Code is amended to read:
"Section 24-23-30. The community corrections plan shall must include, but is not be limited to, describing the following community-based program needs:
(a)(1) an intensive supervision program for probationers and parolees supervised prisoners who require more than average supervision;
(b)(2) a supervised inmate furlough or community supervision program whereby inmates under the jurisdiction of the Department of Corrections can be administratively transferred to the supervision of state probation and parole community supervision agents for the purposes of pre-release preparation, securing employment and living arrangements, or obtaining rehabilitation services;
(c)(3) a contract rehabilitation services program whereby private and public agencies, such as the Department of Vocational Rehabilitation and the Department of Mental Health and the various county commissions on alcohol and drug abuse, provide diagnostic and rehabilitative services to offenders who are under the board's jurisdiction;
(d)(4) community-based residential programs whereby public and private agencies as well as the board establish and operate halfway houses for those offenders who cannot perform satisfactorily on probation or parole community supervision;
(e)(5) expanded use of presentence investigations and their role and potential for increasing the use of community-based programs, restitution, and victim assistance; and
(f)(6) identification of programs for youthful and first offenders."
SECTION 65. Section 24-23-40 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-23-40. The community corrections plan shall provide for the department's:
(a)(1) The department's development, implementation, monitoring, and evaluation of statewide policies, procedures, and agreements with state agencies, such as the Departments Department of Vocational Rehabilitation, the Department of Mental Health, and the Department of Alcohol and Other Drug Abuse Services, for purposes of coordination and referral of probationers, and parolees, and community supervision releasees for rehabilitation services.
(b)(2) The department's development of specific guidelines for the vigorous monitoring of restitution orders and fines to increase the efficiency of collection and development of a systematic reporting system so as to notify the judiciary of restitution and fine payment failures on a regular basis.
(c)(3) The department's development of a program development and evaluation capability so that the department can monitor and evaluate the effectiveness of the above programs as well as to conduct research and special studies on such issues as parole outcomes, revocations and recidivism.
(d)(4) The department's development of adequate training and staff development for its employees."
SECTION 66. The second paragraph of Section 24-23-115 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"The Department of Probation, Parole and Pardon Services Community Supervision shall establish by regulation pursuant to the Administrative Procedures Act a definition of the term `public service work', and a mechanism for supervision of persons performing public service work."
SECTION 67. Section 24-23-130 of the 1976 Code, as last amended by Act 134 of 1991, is further amended to read:
"Section 24-23-130. Upon the satisfactory fulfillment of the conditions of probation or community supervision for a period of two years, the court may, with the recommendation of the agent in charge of the responsible county probation office, may terminate the probationer or supervised prisoner from supervision."
SECTION 68. Section 24-23-210(B) of the 1976 Code, as last amended by Section 41A, Part II, Act 171 of 1991, is further amended to read:
"(B) When a person is convicted, pleads guilty or nolo contendere, and is sentenced to payment of a fine or when a person forfeits bond to an offense within the jurisdiction of the court of general sessions, there is imposed an assessment, in addition to any other cost or fine imposed by law, in the sum of thirty dollars.
If an offender is sentenced to probation or imprisonment and probation without the imposition of a fine, the assessment must be collected by the clerk of court as a condition of probation. If a defendant is sentenced to imprisonment and is later released to the supervision of the Department of Probation, Parole, and Pardon Services Community Supervision and has not otherwise paid the assessment, the assessment must be collected as a condition of supervision, regardless of the type of original sentence imposed.
In any court, when When sentencing a person convicted of an offense which has proximately caused physical injury or death to the victim, the court may order the defendant to pay a restitution charge commensurate with the offense committed, not to exceed ten thousand dollars, to the Victim's Compensation Fund State Office of Victim Assistance. Any A circuit court judge may waive or suspend the imposition of all or part of the assessment made under this subsection upon finding that the assessment would place severe financial hardship upon the offender or his family."
SECTION 69. The second paragraph of Section 24-23-220 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Assessments imposed as a condition of supervision upon release from prison as specified in Section 24-23-210 must be collected by the supervising agent who shall transmit those funds to the Department of Probation, Parole and Pardon Services Community Supervision where it must be deposited in to the State treasury Treasurer. The county treasurer, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer who shall deposit them in the state's general fund. Assessments collected by municipal courts must be paid monthly to the municipal financial officer who, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer as provided in this section. From these funds, an amount equal to one-half of the amount deposited in fiscal year 1986-87 must be appropriated to the department for the purpose of developing and operating community corrections programs. The remainder of the funds must be deposited in the Victim's Compensation Fund. The director shall monitor the collection and reporting of these assessments imposed as a condition of supervision and assure that they are transferred properly to the State Treasurer."
SECTION 70. Section 25-7-30 of the 1976 Code is further amended to read:
"Section 25-7-30. Whoever A person who, with intent or reason to believe that it is to be used to the injury of the United States or this State or to the advantage of a foreign nation, communicates, delivers, or transmits or attempts or aids or induces another to communicate, deliver, or transmit (a) to any a foreign government, (b) or to any a faction, party, or military or naval force within a foreign country, whether recognized or unrecognized by the United States, or (c) to any a representative, an officer, an agent, an employer, a subject, or a citizen thereof of the country, either directly or indirectly, any a document, a writing, a code book, a signal book, a sketch, a photograph, a photographic negative, a blueprint, a plan, a model, a note, an instrument, an appliance, a map, or information relating to the national or state defense shall must be punished by imprisonment for not more than twenty years and when such violation hereof shall occur in time of war by death or by imprisonment for not more than thirty years for a term of years up to life. For purposes of this section, `life' means until death."
SECTION 71. Section 25-7-40 of the 1976 Code is amended to read:
"Section 25-7-40. Whoever A person who in time of war, with intent that the same shall must be communicated to the enemy, shall collect, record, publish or communicate or attempt collects, records, publishes, or communicates or attempts to elicit any information with respect to (a) the movement, numbers, description, condition, or disposition of any of the armed forces, ships, aircraft, or war materials of the United States or this State, (b) the plans or conduct or supposed plans or conduct of any naval or military operations, or (c) any works or measures undertaken for, connected with, or intended for the fortification or defense of any a place or any other information relating to the public defense which might be useful to the enemy shall must be punished by death or by imprisonment imprisoned for not more than thirty years a term of years up to life. For purposes of this section, `life' means until death."
SECTION 72. Subsection (C), Section 1617, Act 181 of 1993, is amended to read:
"(C) Chapter 5 of Title 13 and Sections 24-16-10, 24-26-20, 24-26-30, 24-26-40, 24-26-50, 27-2-80, 27-2-90, 27-2-100, 44-1-10, 44-1-60, 48-9-210, 48-9-240 and 48-9-250 of the 1976 Code of Laws are repealed effective July 1, 1994."
SECTION 73. Article 7, Chapter 21 of Title 24, Chapter 26 of Title 24, Sections 24-1-200, 24-3-35, 24-3-40, 24-3-50, 24-7-10, 24-7-20, 24-7-30, 24-7-40, 24-7-50, 24-7-90, 24-7-100, 24-13-60, 24-13-270, 24-13-710, and 24-13-720 of the 1976 Code are repealed.
SECTION 74. No later than the first day of the 1995 Legislative Session, the Department of Corrections shall submit to the General Assembly a detailed and comprehensive report on:
(1) the current status of the prison industries and agricultural programs and the litter control program and recommendations necessary to expand the litter control program;
(2) the potential market that exists for prison industries products or services;
(3) the participation by offices, departments, institutions, or agencies supported in whole or in part by this State or its political subdivisions in purchasing goods and services currently provided by prison industries and recommendations for increasing the purchasing;
(4) a listing of known products, goods, or services currently manufactured or produced by offices, departments, institutions, or agencies supported in whole or in part by this State or its political subdivisions which could be evaluated for adoption into the prison industries program;
(5) a plan to establish, transfer, and close certain prison industries operations to adjust to actual or potential market demand for particular products or services and maximize opportunities for gainful work for inmates;
(6) a plan to promote, plan, and when considered advisable, assist in the location of privately owned and operated industrial enterprises which would utilize inmate labor on the grounds of adult correctional institutions;
(7) the need, if any, for the creation of an advisory board to establish and promote prison industries and services programs.
SECTION 75. Subject to the availability of funds, the South Carolina Code Commissioner shall change all references to the "Board of Probation, Parole and Pardon Services" and the "Probation, Parole and Pardon Board", or to the "Department of Probation, Parole and Pardon Services" and the "Department of Probation, Pardon and Parole" in the 1976 Code to the "Board of Pardons" and the "Department of Probation and Community Supervision" respectively.
SECTION 76. Upon approval by the Governor, this act takes effect July 1, 1995, except Section 72 which takes effect June 30, 1994, and applies to all crimes committed after December 31, 1994. Article 17, Chapter 13, Title 24 of the 1976 Code, added in this act, applies only to costs of confinement incurred after its effective date.