Current Status Bill Number:230 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Richter All Sponsors:Richter, Leventis, Rose, Passailaigue, Rankin Drafted Document Number:RES9506.LER Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19950425 Subject:Prisoner's case for parole
Body Date Action Description Com Leg Involved ______ ________ _______________________________________ _______ ____________ House 19950426 Introduced, read first time, 25 HJ referred to Committee Senate 19950426 Read third time, sent to House Senate 19950425 Amended, read second time Senate 19950420 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 SCPView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 25, 1995
S. 230
Introduced by SENATORS Richter, Leventis, Rose, Rankin and Passailaigue
S. Printed 4/25/95--S.
Read the first time January 10, 1995.
TO AMEND SECTION 24-21-620, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE REVIEW OF A PRISONER'S CASE FOR PAROLE, SO AS TO PROVIDE THAT AFTER A SECOND NEGATIVE DETERMINATION, THE PRISONER'S CASE SUBSEQUENTLY SHALL BE REVIEWED AT DATES DETERMINED BY THE BOARD, WHICH MAY BE MORE THAN TWELVE MONTHS AFTER A PREVIOUS NEGATIVE DETERMINATION.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-21-620 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-620. Within the ninety-day period preceding a prisoner having served one-fourth of his sentence, the board, either acting in a three-member panel or meeting as a full board, shall review the case, regardless of whether or not any an application has been made therefor, for the purpose of determining to determine whether or not such a prisoner is entitled to any of the benefits a benefit provided for in this chapter; provided, that in cases of prisoners in confinement due to convictions. If a prisoner is confined for a nonviolent crimes crime conviction, an administrative hearing officer may be appointed by the director to review the case who must submit to the full board written findings of fact and recommendations which shall must be the basis for a determination by the board. Upon an affirmative determination, the prisoner must be granted a provisional parole or parole. Upon a negative determination, the prisoner's case shall must be reviewed every after twelve months thereafter for the purpose of such this determination. After a second negative determination, the prisoner's case subsequently must be reviewed at dates determined by the board, which must not be less than twelve months, but not more than thirty-six months after a previous negative determination."
SECTION 2. Section 24-21-645 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-21-645. The board may issue an order authorizing the parole which must be signed either by a majority of its members or by all three members meeting as a parole panel on the case ninety days prior to before the effective date of the parole; provided, that. However, at least two-thirds of the members of the board must authorize and sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. A provisional parole order shall include the terms and conditions, if any, to be met by the prisoner during the provisional period and terms and conditions, if any, to be met upon parole. Upon satisfactory completion of the provisional period, the director or one lawfully acting for him his designee must issue an order which, if accepted by the prisoner, shall provide for his release from custody. Provided, that Upon a negative determination of parole, prisoners in confinement confined for a violent crime as defined in Section 16-1-60 must have their cases reviewed every after two years for the purpose of a determination of parole. After a second negative determination for a prisoner confined for a violent crime, the prisoner's case subsequently must be reviewed at dates, determined by the board, which must not be less than twenty-four months, but not more than forty-eight months after a previous negative determination."
SECTION 3. This act takes effect upon approval by the Governor and applies to all crimes committed after July 1, 1995.