South Carolina General Assembly
111th Session, 1995-1996

Bill 180


                    Current Status

Bill Number:                    180
Ratification Number:            96
Act Number:                     57
Type of Legislation:            General Bill GB
Introducing Body:               Senate
Introduced Date:                19950110
Primary Sponsor:                Rose 
All Sponsors:                   Rose 
Drafted Document Number:        DKA\3486CM.95
Date Bill Passed both Bodies:   19950531
Date of Last Amendment:         19950530
Governor's Action:              S
Date of Governor's Action:      19950607
Subject:                        Parole hearings

History



Body    Date      Action Description                       Com     Leg Involved
______  ________   _______________________________________ _______ ____________

------  19950612  Act No. A57
------  19950607  Signed by Governor
------  19950606  Ratified R96
Senate  19950531  Concurred in House amendment, 
                  enrolled for ratification
House   19950531  Read third time, returned to Senate
                  with amendment
House   19950530  Amended, read second time
House   19950529  Debate adjourned
House   19950525  Objection withdrawn by Representative            Limehouse
                                                                   Hines
House   19950525  Objection withdrawn by Representative            Tripp
                                                                   Anderson
                                                                   McMahand
                                                                   J. Young
                                                                   Knotts
House   19950524  Objection by Representative                      Anderson
                                                                   McMahand
                                                                   L. Whipper
                                                                   Kennedy
                                                                   Williams
                                                                   Tripp
                                                                   Hines
                                                                   Limehouse
                                                                   J. Young
                                                                   Knotts
House   19950524  Amended
House   19950518  Committee report: Favorable with         27 H3M
                  amendment
House   19950328  Introduced, read first time,             27 H3M
                  referred to Committee
Senate  19950323  Read third time, sent to House
Senate  19950315  Amended, read second time
Senate  19950314  Committee report: Favorable with         03 SCP
                  amendment
Senate  19950110  Introduced, read first time,             03 SCP
                  referred to Committee
Senate  19941017  Prefiled, referred to Committee          03 SCP

View additional legislative information at the LPITS web site.


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

(A57, R96, S180)

AN ACT TO AMEND ARTICLE 7, CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE AND RELEASE FOR GOOD CONDUCT, BY ADDING SECTION 24-21-710 SO AS TO REQUIRE FILM, VIDEO TAPE, OR OTHER ELECTRONIC INFORMATION TO BE CONSIDERED BY THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES IN MAKING ITS DETERMINATION OF PAROLE, TO AUTHORIZE CERTAIN PEOPLE TO SUBMIT ELECTRONIC INFORMATION, TO REQUIRE THE PERSON SUBMITTING THE ELECTRONIC INFORMATION TO PROVIDE THE BOARD WITH CERTAIN INFORMATION, TO PROVIDE THAT IF THE FILM, VIDEO TAPE, OR OTHER ELECTRONIC INFORMATION IS RETAINED BY THE BOARD, IT MAY BE SUBMITTED AT SUBSEQUENT PAROLE HEARINGS EACH TIME THE SUBMITTING PERSON PROVIDES A WRITTEN STATEMENT DECLARING THAT THE INFORMATION REPRESENTS THE PRESENT POSITION OF THE PERSON WHO IS SUBMITTING THE INFORMATION, TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS AND THE BOARD TO INSTALL, MAINTAIN, AND OPERATE A TWO-WAY CLOSED CIRCUIT TELEVISION SYSTEM, AND PROVIDE THE MANNER IN WHICH THE CAMERA IS OPERATED, TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES TO DEVELOP WRITTEN POLICIES AND PROCEDURES FOR PAROLE HEARINGS HELD PURSUANT TO THIS SECTION AND TO PROVIDE THAT THE BOARD IS NOT REQUIRED TO INSTALL, MAINTAIN, OR OPERATE FILM, VIDEO TAPE, OR OTHER ELECTRONIC EQUIPMENT TO RECORD A VICTIM'S TESTIMONY TO BE PRESENTED TO THE BOARD.

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

Film, videotape, or other electronic information may be considered by the board

SECTION 1. Article 7, Chapter 21, Title 24 of the 1976 Code is amended by adding:

"Section 24-21-710. (A) Film, videotape, or other electronic information that is both visual and aural, submitted pursuant to this section, must be considered by the Board of Probation, Parole, and Pardon Services in making its determination of parole.

(B) Upon receipt of the notice required by law, the following people may submit electronic information:

(1) the victim of the crime for which the prisoner has been sentenced;

(2) the prosecuting solicitor's office; and

(3) the person whose parole is being considered.

(C) The person submitting the electronic information shall provide the Board of Probation, Parole, and Pardon Services with the following:

(1) identification of each voice heard and each person seen;

(2) a visual or aural statement of the date the information was recorded; and

(3) the name of the person whose parole eligibility is being considered.

(D) If the film, videotape, or other electronic information is retained by the board, it may be submitted at subsequent parole hearings each time that the submitting person provides a written statement declaring that the information represents the present position of the person who is submitting the information.

(E) The Department of Corrections may install, maintain, and operate a two-way closed circuit television system in one or more correctional institutions of the department that confines persons eligible for parole. The Board of Probation, Parole, and Pardon Services may install, maintain, and operate a closed circuit television system at a location determined by the board and may conduct parole hearings by means of a two-way closed circuit television system provided in this section.

(F) Nothing in this section shall be construed to prohibit submission of information in other forms as provided by law.

(G) The director of the Department of Probation, Parole, and Pardon Services may develop written policies and procedures for parole hearings to be held pursuant to this section.

(H) The Board of Probation, Parole, and Pardon Services is not required to install, maintain, or operate film, videotape, or other electronic equipment to record a victim's testimony to be presented to the board."

Time effective

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

Approved the 7th day of June, 1995.