Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995
Page Finder Index
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1995
H. 3787 -- Reps. Richardson, Cotty, Rice, Cobb-Hunter, Keyserling, J. Brown,
Worley, S. Whipper, Limehouse, Moody-Lawrence, Byrd, Shissias, Herdklotz, Lloyd,
D. Smith, Wilkes, Mason and Thomas: A BILL TO AMEND SECTION 12-33-210, AS
AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ALCOHOLIC BEVERAGE
LICENSES FOR PURPOSES OF THE ALCOHOLIC BEVERAGE CONTROL ACT, SO AS TO PROVIDE
FOR PRORATED LICENSES; TO REPEAL SECTION 12-33-220, RELATING TO AN OBSOLETE
PROVISION ALLOWING PRORATION OF LICENSES, AND TO PROVIDE FOR REFUNDS IN CASES
OF
CERTAIN LICENSES ISSUED AFTER NOVEMBER, 1994.
Read the first time and referred to the Committee on Judiciary.
H. 3809 -- Reps. Witherspoon, Keegan, Kelley and Koon: A BILL TO AMEND SECTION
50-11-1920, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE
PROHIBITION ON THE SALE OF VENISON IN EATING ESTABLISHMENTS, SO AS TO AUTHORIZE
THE SALE UNDER CERTAIN CONDITIONS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3845 -- Rep. Cromer: A BILL TO AMEND SECTION 14-7-130, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PREPARATION OF THE JURY LIST FOR
EACH COUNTY FROM A TAPE OF PERSONS HOLDING A VALID SOUTH CAROLINA DRIVER'S
LICENSE, SO AS TO PROVIDE THAT THIS JURY LIST SHALL BE FURNISHED IN 1995 AND
EVERY THIRD YEAR THEREAFTER RATHER THAN EACH YEAR, AND TO REVISE THE MONTHS
IN
WHICH THE LIST IS COMPILED AND FURNISHED.
Read the first time and referred to the Committee on Judiciary.
H. 3867 -- Reps. Limehouse, Hutson, Rhoad, Riser and Witherspoon: A BILL TO
AMEND SECTION 50-13-235, AS AMENDED, CODE OF
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1995
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION
AGAINST TAKING STRIPED BASS UNDER CERTAIN CONDITIONS, SO AS TO REVISE THE
LENGTH
OF THE STRIPED BASS PROHIBITION AND THE RESTRICTED AREA IN THE SANTEE RIVER AND
PROVIDE FOR A RESTRICTION IN THE TAILRACE CANAL AND THE COOPER AND WANDO
RIVERS.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3871 -- Reps. Limehouse, Harrell, Bailey, Seithel, Herdklotz, Cain, Sandifer,
Hines, Fleming, Huff, Clyburn, Richardson, Keyserling, Fair, Tripp, Rice,
R. Smith, Allison, Wells, Riser, Kirsh, Simrill, Wright and Knotts: A BILL TO
AMEND SECTION 56-5-2510, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
STOPPING, STANDING, OR PARKING OUTSIDE OF A BUSINESS OR RESIDENTIAL DISTRICT, SO
AS TO PERMIT A VEHICLE USED SOLELY FOR COLLECTING MUNICIPAL SOLID WASTE OR
RECOVERED MATERIALS TO STOP OR STAND ON A ROAD, STREET, OR HIGHWAY TO
COLLECT
SOLID WASTE OR RECOVERED MATERIALS.
Read the first time and referred to the Committee on Transportation.
H. 3878 -- Rep. Witherspoon: A BILL TO AMEND SECTION 50-13-1760, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SALE OF WHITE PERCH, SO
AS
TO DELETE THE REQUIREMENT THAT ONLY FRESH FISH ON ICE WITH AN INVOICE NOT OVER
TWO WEEKS OLD MAY BE SOLD, THE PROHIBITION ON THE SALE OF FROZEN FISH, AND THE
DATES THE FISH MAY BE SOLD.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3881 -- Reps. H. Brown, Boan and McAbee: A BILL TO AMEND THE CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING SECTIONS 9-1-1970, 9-8-240, 9-9-240, AND
9-11-350 SO AS TO CONFORM THE COMPENSATION OF MEMBERS OF THE SOUTH CAROLINA
RETIREMENT SYSTEM, RETIREMENT SYSTEM FOR JUDGES AND SOLICITORS, GENERAL
ASSEMBLY
RETIREMENT SYSTEM, AND THE SOUTH CAROLINA POLICE OFFICERS RETIREMENT SYSTEM
TAKEN INTO ACCOUNT FOR PURPOSES OF CALCULATING BENEFITS TO THE PROVISIONS OF
THE
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1995
INTERNAL REVENUE CODE OF 1986 AND TO PROVIDE EXCEPTIONS.
Read the first time and referred to the Committee on Finance.
H. 3897 -- Rep. Sharpe: A BILL TO REPEAL SECTIONS 50-17-230 AND 50-17-235, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO NONRESIDENT AND RESIDENT GIGGING
LICENSES IN GAME ZONE 11.
Read the first time and referred to the Committee on Fish, Game and Forestry.
H. 3905 -- Reps. Wright, Quinn and Riser: A BILL TO AMEND THE CODE OF LAWS OF
SOUTH CAROLINA, 1976, BY ADDING SECTION 59-63-45 SO AS TO PROVIDE A PROCEDURE
FOR REIMBURSING A SCHOOL DISTRICT FOR COSTS TO THE DISTRICT OF EDUCATING A
CHILD
NOT A RESIDENT OF THE SCHOOL DISTRICT HE ATTENDS.
Read the first time and referred to the Committee on Education.
H. 3915 -- Education and Public Works Committee: A BILL TO AMEND SECTION
59-103-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE
COMMISSION ON HIGHER EDUCATION, SO AS TO REVISE THE MEMBERSHIP OF THE
COMMISSION
AND THE MANNER IN WHICH THE MEMBERS ARE SELECTED; TO ADD SECTION 59-103-45 SO
AS
TO PROVIDE THAT THE COMMISSION ON HIGHER EDUCATION SHALL ESTABLISH
PROCEDURES
FOR THE TRANSFERABILITY OF UNDERGRADUATE COURSES BETWEEN TWO-YEAR AND
FOUR-YEAR
INSTITUTIONS, COORDINATE WITH THE STATE BOARD OF EDUCATION THE APPROVAL OF
CERTAIN SECONDARY EDUCATION COURSES, AND REVIEW UNDERGRADUATE ADMISSION
STANDARDS FOR IN-STATE AND OUT-OF-STATE STUDENTS; TO AMEND SECTION 59-103-60,
RELATING TO RECOMMENDATIONS OF THE COMMISSION ON HIGHER EDUCATION TO THE
BUDGET
AND CONTROL BOARD AND THE GENERAL ASSEMBLY, SO AS TO INCLUDE THE GOVERNOR'S
OFFICE AS A RECIPIENT OF SUCH RECOMMENDATIONS AND DELETE THE BUDGET AND
CONTROL
BOARD, AND PROVIDE THAT THE HOUSE WAYS AND MEANS COMMITTEE AND THE SENATE
FINANCE COMMITTEE AS WELL AS THE BUDGET AND CONTROL BOARD MAY REFER
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1995
TO THE COMMISSION CERTAIN REQUESTS OF INSTITUTIONS OF HIGHER
LEARNING; TO AMEND SECTION 59-103-90 RELATING TO THE PROFESSIONAL STAFF OF THE
COMMISSION, SO AS TO PROVIDE THAT THE EXECUTIVE DIRECTOR SHALL BE APPOINTED
BY
THE COMMISSION TO SERVE AT ITS PLEASURE WITH NO GRIEVANCE RIGHTS, AND TO
PROVIDE
THAT THE OTHER PROFESSIONAL STAFF COMPLEMENT OF THE COMMISSION SHALL BE
ESTABLISHED BY THE EXECUTIVE DIRECTOR RATHER THAN THE COMMISSION; AND TO
CREATE
A JOINT LEGISLATIVE COMMITTEE TO STUDY THE GOVERNANCE, OPERATION, AND
STRUCTURE
OF HIGHER EDUCATION IN SOUTH CAROLINA.
Read the first time and referred to the Committee on Education.
H. 4138 -- Ways and Means Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 11-11-145 SO AS TO PROVIDE FOR THE CONTINUING
AUTHORITY TO PAY THE EXPENSES OF STATE GOVERNMENT WHEN A FISCAL YEAR BEGINS
WITHOUT A GENERAL APPROPRIATIONS ACT FOR THE YEAR IN EFFECT.
Read the first time and on motion of Senator DRUMMOND, with unanimous
consent, ordered placed on the Calendar without reference.
H. 4138--Ordered to a Second Reading
With Notice of General Amendments
On motion of Senator DRUMMOND, H. 4138 was ordered to receive a second
reading with notice of general amendments on Tuesday, May 2, 1995.
H. 4139 -- Ways and Means Committee: A BILL TO AMEND SECTION 2-7-60, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE ANNUAL GENERAL APPROPRIATIONS
ACT,
SO AS TO PROVIDE THAT BEGINNING WITH ITS 1996 SESSION THE GENERAL ASSEMBLY
INCLUDING ITS APPROPRIATE COMMITTEES AND THE GOVERNOR USE A
"ZERO-BASE" BUDGET PROCESS IN THE PREPARATION OF THE ANNUAL STATE
GENERAL APPROPRIATIONS ACT.
Read the first time and referred to the Committee on Finance.
H. 4145 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROVE REGULATIONS
OF THE DEPARTMENT OF REVENUE
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1995
AND TAXATION, RELATING TO VIDEO GAME MACHINES, DESIGNATED AS
REGULATION DOCUMENT NUMBER 1827, PURSUANT TO THE PROVISIONS OF ARTICLE 1,
CHAPTER 23, TITLE 1 OF THE 1976 CODE.
Read the first time and referred to the Committee on Finance.
H. 4146 -- Ways and Means Committee: A BILL TO AMEND THE 1976 CODE BY ADDING
CHAPTER 28 TO TITLE 12 SO AS TO CONFORM SOUTH CAROLINA'S METHOD OF IMPOSING AN
EXCISE TAX ON MOTOR FUEL TO FEDERAL LAW; AND TO REPEAL SECTIONS 39-41-20,
39-41-30, 39-41-40, 39-41-50, 39-41-60, 39-41-100, 39-41-110, 39-41-120,
39-41-130, AND 39-41-140 RELATING TO PETROLEUM AND PETROLEUM PRODUCTS, SECTIONS
12-27-210, 12-27-220, 12-27-230, 12-27-240, 12-27-250, 12-27-260, 12-27-270,
12-27-280, 12-27-300, 12-27-310, 12-27-320, 12-27-330, 12-27-340, 12-27-350,
12-27-360, 12-27-510, 12-27-520, 12-27-530, 12-27-540, 12-27-550, 12-27-560,
12-27-570, 12-27-580, 12-27-590, 12-27-600, 12-27-610, 12-27-710, 12-27-720,
12-27-730, 12-27-740, 12-27-750, 12-27-760, 12-27-770, 12-27-780, 12-27-790,
12-27-800, 12-27-810, 12-27-820, 12-27-830, 12-27-1010, 12-27-1110, 12-27-1120,
12-27-1210, 12-27-1220, 12-27-1230, 12-27-1240, 12-27-1250, 12-27-1260,
12-27-1265, AND 12-27-1510 RELATING TO GASOLINE TAXES, SECTIONS 12-29-10,
12-29-20, 12-29-30, 12-29-40, 12-29-110, 12-29-120, 12-29-130, 12-29-140,
12-29-150, 12-29-310, 12-29-320, 12-29-340, 12-29-350, 12-29-360, 12-29-370,
12-29-380, 12-29-390, 12-29-400, 12-29-410, 12-29-420, 12-29-430, 12-29-440,
12-29-610, 12-29-620, and 12-29-630 RELATING TO THE TAX ON MOTOR FUELS OTHER
THAN GASOLINE, AND ARTICLE 1, CHAPTER 27, TITLE 12, RELATING TO GENERAL
PROVISIONS FOR GASOLINE TAXES.
Read the first time and referred to the Committee on Finance.
H. 4166 -- Reps. Robinson, Marchbanks, Rice and Trotter: A BILL TO AMEND ACT
260 OF 1981, AS AMENDED, RELATING TO THE BOARD OF TRUSTEES OF THE SCHOOL
DISTRICT OF PICKENS COUNTY, SO AS TO PROVIDE THAT BEGINNING WITH THE 1998
ELECTION, THE THREE AT-LARGE SEATS ON THE BOARD SHALL BE NUMBERED
CONSECUTIVELY
AND CANDIDATES SHALL FILE FOR AND BE ELECTED FROM SPECIFIC AT-LARGE SEATS, TO
STAGGER THE TERMS OF THE THREE AT-LARGE
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1995
MEMBERS ELECTED IN 1998, AND TO PROVIDE A FILING FEE FOR
ELECTION TO THESE OFFICES.
Read the first time and referred to the Pickens Delegation.
H. 4167 -- Reps. Fleming and Wilder: A BILL TO AMEND ACT 288 OF 1987, RELATING
TO THE UNION-LAURENS HIGHER EDUCATION COMMISSION, SO AS TO INCREASE IT FROM
SEVEN TO NINE MEMBERS, AND REQUIRE THE TWO ADDITIONAL MEMBERS RESIDE IN UNION
COUNTY.
Read the first time and on motion of Senator LANDER, with unanimous consent,
ordered placed on the Calendar without reference.
REPORTS OF STANDING COMMITTEES
Senator WILSON from the General Committee submitted a favorable report on:
S. 370 -- Senators Bryan, Giese, Washington and Peeler: A BILL TO AMEND THE
CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO
PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN
SUBSTITUTE CARE SETTINGS.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
H. 3060 -- Reps. Vaughn, Cato, Allison, J. Brown, Meacham, Elliott, Gamble,
Phillips and Spearman: A BILL TO AMEND SECTION 20-7-1670, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO PERSONS WHO MAY PETITION FOR THE
ADOPTION OF A CHILD AND THE EXCEPTIONS TO THE REQUIREMENT THAT CHILDREN BE
PLACED WITH SOUTH CAROLINA RESIDENTS, SO AS TO ADD AN ADDITIONAL EXCEPTION TO
THE ABOVE REQUIREMENT WHEN THE CHILD HAS BEEN IN FOSTER CARE FOR AT LEAST SIX
MONTHS AFTER HAVING BEEN LEGALLY FREED FOR ADOPTION AND NO SOUTH CAROLINA
RESIDENT HAS BEEN IDENTIFIED AS A PROSPECTIVE ADOPTIVE HOME.
Ordered for consideration tomorrow.
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1995
Senator WILSON from the General Committee submitted a favorable
with amendment report on:
H. 3106 -- Rep. Shissias: A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 20-7-3005 SO AS TO PROVIDE THAT UPON
LICENSING, APPROVAL, OR REGISTRATION A CHILD DAY CARE FACILITY SHALL PROVIDE
PROOF OF CONFORMING WITH LOCAL ZONING ORDINANCES; AND TO AMEND SECTION
20-7-3020, RELATING TO REQUIREMENTS FOR ISSUING A PROVISIONAL LICENSE,
REGISTRATION, OR APPROVAL, SO AS TO DELETE AN OBSOLETE REFERENCE.
Ordered for consideration tomorrow.
Senator WILSON from the General Committee submitted a favorable report on:
H. 3207 -- Reps. P. Harris, J. Harris, Shissias and Carnell: A BILL TO AMEND
THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-5245 SO AS TO
PROVIDE REQUIREMENTS FOR PLACEMENT OF EMOTIONALLY DISTURBED CHILDREN IN
SUBSTITUTE CARE SETTINGS.
Ordered for consideration tomorrow.
Senator WILSON from the Committee on Judiciary submitted a majority favorable
with amendment and Senator FORD a minority unfavorable report on:
H. 3238 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTION 24-3-435 SO AS TO ALLOW LOCAL GOVERNMENTS,
SCHOOL DISTRICTS, AND CHARITABLE ORGANIZATIONS TO USE INMATES TO PERFORM
CONSTRUCTION, REPAIR, AND MAINTENANCE SERVICES; BY ADDING SECTION 24-13-100 SO
AS TO PROVIDE THE CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK
RELEASE; BY ADDING SECTION 24-13-150 SO AS TO PROVIDE THE CONDITIONS A PRISONER
MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE; BY ADDING SECTION 24-13-175 SO
AS TO PROVIDE THAT SENTENCES IMPOSED AND TIME SERVED BE COMPUTED BASED UPON
A
THREE HUNDRED AND SIXTY-FIVE DAY YEAR; BY ADDING SECTION 24-21-560 SO AS TO
PROVIDE A PERSON WHO COMMITS A CRIME SATISFACTORILY COMPLETE A COMMUNITY
SUPERVISION PROGRAM BEFORE HIS RELEASE
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1995
FROM THE CRIMINAL JUSTICE SYSTEM, TO REQUIRE THE DEPARTMENT OF
CORRECTIONS TO NOTIFY THE DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION
OF
AN INMATE'S PROJECTED RELEASE DATE, AND TO REQUIRE THE DEPARTMENT OF
PROBATION
AND COMMUNITY SUPERVISION TO NOTIFY VICTIMS AND THE LOCAL SHERIFF'S OFFICE OF
THE PLACE WHERE THE INMATE IS TO BE RELEASED WHEN HE IS PLACED IN COMMUNITY
SUPERVISION; TO AMEND SECTIONS 1-30-10 AND 1-30-85, RELATING TO DEPARTMENTS
RESTRUCTURED WITHIN THE EXECUTIVE BRANCH OF STATE GOVERNMENT, SO AS TO
CHANGE
THE NAME OF THE DEPARTMENT OF PROBATION, PARDON, AND PAROLE TO THE
DEPARTMENT OF
PROBATION AND COMMUNITY SUPERVISION, RESPECTIVELY; TO AMEND SECTION 16-3-20,
AS
AMENDED, RELATING TO THE SEPARATE SENTENCING PROCEEDING TO DETERMINE
WHETHER A
SENTENCE SHOULD BE DEATH OR LIFE IMPRISONMENT FOR A PERSON CONVICTED OF
MURDER,
SO AS TO REVISE THE TERMS OF IMPRISONMENT THAT MAY BE IMPOSED DURING THIS
PROCEEDING; TO AMEND SECTION 16-3-625, RELATING TO RESISTING ARREST WITH A
DEADLY WEAPON, SO AS TO REVISE THE AGE OF A PERSON WHO MAY BE CHARGED WITH
THE
CRIME, REVISE THE PENALTY, AND TO REVISE THE DEFINITION OF "DEADLY
WEAPON"; TO AMEND SECTION 16-3-1180, AS AMENDED, RELATING TO THE
COMPENSATION OF CRIME VICTIMS, SO AS TO REVISE THE MAXIMUM AWARD A CRIME
VICTIM
MAY RECEIVE; TO AMEND SECTION 16-3-1260, RELATING TO THE REIMBURSEMENT OF THE
STATE BY A CONVICTED PERSON FOR PAYMENT FROM THE VICTIM'S COMPENSATION FUND,
SO
AS TO ELIMINATE THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS' RIGHT
TO
MAKE PAYMENT OF THE DEBT OR A PORTION OF THE DEBT A CONDITION OF PAROLE, TO
SUBSTITUTE "STATE OFFICE OF VICTIM ASSISTANCE" FOR "VICTIM'S
COMPENSATION FUND" AND TO SUBSTITUTE "SOUTH CAROLINA DEPARTMENT OF
PROBATION AND COMMUNITY SUPERVISION" FOR "SOUTH CAROLINA BOARD OF
PAROLE AND COMMUNITY CORRECTIONS"; TO AMEND SECTION 16-3-1530, AS
AMENDED,
RELATING TO THE RIGHTS OF VICTIMS AND WITNESSES, SO AS TO SUBSTITUTE
"DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR
"DEPARTMENT OF PROBATION, PAROLE,
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1995
AND PARDON SERVICES", TO ALLOW THE DEPARTMENT OF PROBATION
AND COMMUNITY SUPERVISION AND THE DEPARTMENT OF CORRECTIONS TO DISCLOSE
BETWEEN
THE TWO DEPARTMENTS INFORMATION PROVIDED TO VICTIMS AND WITNESSES, AND TO
ELIMINATE RESTITUTION AS A CONDITION OF PAROLE; TO AMEND SECTION 16-3-1550, AS
AMENDED, RELATING TO THE VICTIM IMPACT STATEMENT, SO AS TO SUBSTITUTE THE
"DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR THE
"PAROLE AND COMMUNITY CORRECTIONS BOARD"; TO AMEND SECTION 16-11-311,
RELATING TO BURGLARY IN THE FIRST DEGREE, SO AS TO ELIMINATE PAROLE FOR THE
COMMISSION OF THE CRIME; TO AMEND SECTION 17-25-45, RELATING TO A SOLICITOR'S
DISCRETION TO INVOKE A LIFE SENTENCE UPON A PERSON CONVICTED THREE TIMES FOR
CERTAIN CRIMES, SO AS TO REDUCE THE NUMBER OF PRIOR CONVICTIONS TO TWO BEFORE
A
LIFE SENTENCE MAY BE IMPOSED, EXCEPT FOR A CRIME FOR WHICH A SENTENCE OF
DEATH
HAS BEEN IMPOSED, TO DEFINE "LIFE IMPRISONMENT", AND REQUIRE THE
SOLICITOR TO GIVE WRITTEN NOTICE OF HIS DECISIONS TO INVOKE SENTENCING UNDER
THIS PROVISION BEFORE TRIAL; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO
A
PRISONER'S PLACE OF CONFINEMENT, SO AS TO SUBSTITUTE "STATE CORRECTIONAL
FACILITY" FOR "STATE PENITENTIARY"; TO ALLOW AN INMATE'S SENTENCE
TO RUN CONCURRENTLY WITH A SENTENCE RENDERED IN ANOTHER STATE OR A SENTENCE
RENDERED ON THE FEDERAL LEVEL, TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO
NOTIFY THE SOLICITOR, SHERIFF, JUDGE, AND REGISTERED VICTIMS BEFORE RELEASING
INMATES ON WORK RELEASE, TO ALLOW THE DEPARTMENT TO DENY WORK RELEASE
BASED ON
OPINIONS RECEIVED FROM THESE INDIVIDUALS, AND TO ALLOW INMATES TO PARTICIPATE
IN
THE DEPARTMENT OF CORRECTIONS RESTITUTION PROGRAM; TO AMEND SECTION 24-3-410,
AS
AMENDED, RELATING TO THE SALE OF PRISON-MADE PRODUCTS, SO AS TO ADD THE TERM
"COMMUNITY SUPERVISION"; TO AMEND SECTION 24-13-210, AS AMENDED,
RELATING TO REDUCTION OF A SENTENCE FOR GOOD BEHAVIOR, SO AS TO MODIFY THE
PROCEDURE FOR COMPUTING GOOD BEHAVIOR CREDITS, TO ELIMINATE AN INMATE'S
ABILITY
TO HAVE SERVED A FULL SENTENCE WHEN
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1995
HE HAS SERVED THE TERM FOR WHICH HE WAS SENTENCED, LESS CREDIT
FOR GOOD BEHAVIOR, AND TO PROVIDE THAT CREDITS EARNED UNDER THIS SECTION MAY
NOT BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY SUPERVISION
PROGRAM;
TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO REDUCTION OF A SENTENCE FOR
PARTICIPATION IN AN ACADEMIC, TECHNICAL, OR VOCATIONAL TRAINING PROGRAM, SO
AS
TO MODIFY THE PROCEDURE FOR COMPUTING ACADEMIC AND WORK CREDITS, TO REDUCE
THE
MAXIMUM ANNUAL CREDIT FOR BOTH WORK CREDIT AND ACADEMIC CREDIT, TO NOT
ALLOW A
REDUCTION IN SENTENCE BELOW CERTAIN MINIMUMS, AND TO PROVIDE NO CREDIT
EARNED
UNDER THIS SECTION MAY BE APPLIED TO PREVENT FULL PARTICIPATION IN A COMMUNITY
SUPERVISION PROGRAM; TO AMEND SECTION 24-13-1320, AS AMENDED, RELATING TO THE
SHOCK INCARCERATION SELECTION COMMITTEE, SO AS TO SUBSTITUTE
"DIRECTOR" FOR "COMMISSIONER" AND SUBSTITUTE
"DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR
"DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES"; AND TO AMEND
SECTION 24-13-1330, AS AMENDED, RELATING TO AN INMATE'S PARTICIPATION IN THE
SHOCK INCARCERATION PROGRAM, SO AS TO MODIFY THE PROCEDURE AN INMATE IS
CONSIDERED FOR PARTICIPATION IN THE SHOCK INCARCERATION PROGRAM, TO
SUBSTITUTE
"DIRECTOR" FOR "COMMISSIONER", TO ELIMINATE PAROLE FOR
INMATES WHO COMPLETE THE SHOCK INCARCERATION PROGRAM, BUT REQUIRE THEM TO
BE
RELEASED TO COMMUNITY SUPERVISION AND TO PAY RESTITUTION IF APPLICABLE; TO
AMEND
SECTION 24-13-1520, AS AMENDED, RELATING TO DEFINITIONS UNDER "HOME
DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND
COMMUNITY SERVICES" FOR "DEPARTMENT OF PROBATION, PAROLE, AND
PARDON
SERVICES"; TO AMEND SECTION 24-13-1590, AS AMENDED, RELATING TO THE
PROVISION THAT PROBATION AND PAROLE AUTHORITY IS NOT DIMINISHED BY ANY
PROVISION
OF THE "HOME DETENTION ACT", SO AS TO SUBSTITUTE "DEPARTMENT OF
PROBATION AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION,
PAROLE, AND PARDON SERVICES", AND TO NOT DIMINISH THE AUTHORITY OF THE
COURTS, THE
Printed Page 2180 . . . . . Monday, May 1,
1995
DEPARTMENT OF JUVENILE JUSTICE, OR THE DEPARTMENT OF PROBATION
AND COMMUNITY SERVICES TO REGULATE OR IMPOSE CONDITIONS ON COMMUNITY
SUPERVISION; TO AMEND SECTION 24-19-160, AS AMENDED, RELATING TO THE PROVISIONS
THAT THE COURTS' POWERS AND THE JURISDICTION OF THE PROBATION, PAROLE, AND
PARDON BOARD ARE NOT AFFECTED BY THE DEPARTMENT OF CORRECTION'S TREATMENT
OF
YOUTHFUL OFFENDERS, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION AND
COMMUNITY SERVICES" FOR "DEPARTMENT OF PROBATION, PAROLE, AND
PARDON
SERVICES" AND TO ELIMINATE THE PROVISION THAT MAKES FOR PAROLE PURPOSES
A
SENTENCE PURSUANT TO SECTION 24-19-5, SIX YEARS; TO AMEND SECTION 24-21-10, AS
AMENDED, RELATING TO THE STRUCTURE OF THE DEPARTMENT OF PROBATION, PAROLE,
AND
PARDON SERVICES AND THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO
AS
TO SUBSTITUTE "DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION"
FOR
"DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES" AND SUBSTITUTE
"BOARD OF PARDONS" FOR "BOARD OF PROBATION, PAROLE, AND PARDON
SERVICES"; TO AMEND SECTION 24-21-13, AS AMENDED, RELATING TO THE DUTIES OF
THE DIRECTOR AND BOARD OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES, SO AS TO REQUIRE THE DIRECTOR TO DEVELOP POLICIES AND PROCEDURE TO
PLACE AND SUPERVISE OFFENDERS ON COMMUNITY SUPERVISION, TO DEFINE COMMUNITY
SUPERVISION AND AN INMATE'S RIGHT TO BE PLACED IN THIS PROGRAM, AND TO LIMIT
THE
CASES THE BOARD MUST CONSIDER; TO AMEND SECTION 24-21-30, RELATING TO THE BOARD
OF PROBATION, PAROLE, AND PARDON SERVICES MEETINGS, SO AS TO ELIMINATE
GRANTING
PAROLE TO INMATES WHO COMMIT A CRIME AFTER JUNE 30, 1996, AND TO MODIFY THE
PROCEDURE FOR GRANTING PAROLES; TO AMEND SECTION 24-21-50, RELATING TO
HEARINGS,
ARGUMENTS, AND APPEARANCES BEFORE THE BOARD OF PROBATION, PAROLE, AND
PARDON
SERVICES, SO AS TO LIMIT THE BOARD TO CONSIDER ONLY HEARINGS FOR PAROLE OR
PARDONS AND NOT TO ALLOW AN INMATE THE RIGHT TO CONFRONTATION DURING THESE
HEARINGS; TO AMEND SECTION 24-21-60, AS AMENDED, RELATING TO PUBLIC
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1995
AGENCY AND OFFICIALS COOPERATING WITH THE BOARD OF PROBATION,
PAROLE, AND PARDON SERVICES, SO AS TO ELIMINATE THE DIRECTOR OF THE BOARD'S
ABILITY TO CONDUCT SURVEYS OF CORRECTIONAL FACILITIES; TO AMEND SECTION
24-21-80, AS AMENDED, RELATING TO SUPERVISION FEES PAID BY PROBATIONERS AND
PAROLEES, SO AS TO INCLUDE COMMUNITY SUPERVISION IN THE PROGRAMS COVERED BY
SUPERVISION FEES, TO GRANT THE DEPARTMENT OF PROBATION AND COMMUNITY
SUPERVISION
THE AUTHORITY TO DETERMINE SUPERVISION FEES, TO MAKE PAYMENT OF A SUPERVISION
FEE A CONDITION OF PROBATION, PAROLE, OR COMMUNITY SUPERVISION, TO SUBSTITUTE
"DEPARTMENT" FOR "BOARD" AND "COMMUNITY SUPERVISION
PROGRAM" FOR "SUPERVISED FURLOUGH PROGRAM", AND TO REVISE THE
CONDITIONS FOR WHICH A PERSON MAY BE EXEMPTED FROM PAYING SUPERVISION FEES;
TO
AMEND SECTION 24-21-220, AS AMENDED, RELATING TO THE POWERS AND DUTIES OF THE
DIRECTOR OF THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS
TO
INCLUDE COMMUNITY SUPERVISION AMONG THE PROGRAMS HE MUST EMPLOY STAFF TO
CARRY
OUT HIS DUTIES; TO AMEND SECTION 24-21-230, AS AMENDED, RELATING TO THE
EMPLOYMENT AND TRAINING AND EXAMINING OF PROBATION AGENTS AND CLERICAL
ASSISTANTS, SO AS TO FURTHER PROVIDE FOR THE TRAINING AND EXAMINATION OF
CERTAIN
AGENTS; TO AMEND SECTION 24-21-280, AS AMENDED, RELATING TO THE DUTIES AND
POWERS OF PROBATION AGENTS, SO AS TO REQUIRE PROBATION AGENTS TO PROVIDE
PERSONS
RELEASED ON PAROLE OR COMMUNITY SUPERVISION A WRITTEN STATEMENT OF THE
TERMS OF
THEIR RELEASE AND MAINTAIN CONTACT WITH AND ENCOURAGE THOSE IN COMMUNITY
SUPERVISION TO IMPROVE THEIR CONDUCT AND CONDITION, AND TO MAKE PROBATION
AGENTS OFFICIAL REPRESENTATIVES OF THE DEPARTMENT OF PROBATION AND
COMMUNITY
SUPERVISION AND THE BOARD OF PARDONS; TO AMEND SECTION 24-21-300, RELATING TO
THE ISSUING OF A CITATION AND AFFIDAVIT THAT A PERSON RELEASED PURSUANT TO THE
PRISON OVERCROWDING ACT IS IN VIOLATION OF HIS TERMS OF RELEASE, SO AS TO ALLOW
PROBATION AGENTS TO ISSUE CITATIONS AND AFFIDAVITS TO
Printed Page 2182 . . . . . Monday, May 1,
1995
COMMUNITY SUPERVISION RELEASEES, TO SUBSTITUTE "OFFENDER
MANAGEMENT SYSTEMS ACT" FOR "PRISON OVERCROWDING POWERS ACT",
AND
TO ALLOW A CERTIFICATE OF SERVICE TO BE SUFFICIENT PROOF OF SERVICE THAT A
CITATION HAS BEEN SERVED; 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 SUBSTITUTE "BOARD OF
PARDONS"
FOR "PROBATION, PAROLE, AND PARDON SERVICES BOARD"; TO AMEND SECTION
24-21-950, RELATING TO GUIDELINES FOR DETERMINING ELIGIBILITY FOR PARDONS, SO AS
TO ALLOW A CRIME VICTIM OR A MEMBER OF A CONVICTED PERSON'S FAMILY TO PETITION
FOR A PARDON FOR A PERSON WHO HAS COMPLETED COMMUNITY SUPERVISION OR HAS
BEEN
DISCHARGED FROM A SENTENCE AND TO ALLOW PERSONS DISCHARGED FROM A SENTENCE
WITHOUT BENEFIT OF SUPERVISION BE CONSIDERED FOR A PARDON UPON THE REQUEST
OF
THE INDIVIDUAL ANYTIME AFTER DISCHARGE; TO AMEND SECTION 24-23-20, RELATING TO
THE CASE CLASSIFICATION SYSTEM, SO AS TO MAKE TECHNICAL REVISIONS; TO AMEND
SECTION 24-23-30, RELATING TO THE COMMUNITY CORRECTIONS PLAN, SO AS TO
SUBSTITUTE "SUPERVISED PRISONERS" FOR "PAROLEES", TO INCLUDE
COMMUNITY SUPERVISION PROGRAMS IN THE COMMUNITY CORRECTIONS PLAN,
SUBSTITUTE
"STATE PROBATION AGENTS" FOR "STATE PROBATION AND PAROLE
AGENTS", AND TO SUBSTITUTE "COMMUNITY SUPERVISION" FOR
"PAROLE"; TO AMEND SECTION 24-23-40, AS AMENDED, RELATING TO THE
DEVELOPMENT OF A COMMUNITY CORRECTIONS PLAN, SO AS TO INCLUDE COMMUNITY
SUPERVISION RELEASEES AMONG INDIVIDUALS OBTAINING TREATMENT UNDER THE PLAN
AND
TO ELIMINATE THE CONDUCT OF RESEARCH AND SPECIAL STUDIES ON THE ISSUE OF
PAROLE
OUTCOMES BY THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES; TO AMEND
SECTION 24-23-115, AS AMENDED, SO AS TO SUBSTITUTE "DEPARTMENT OF PROBATION
AND COMMUNITY SUPERVISION" FOR "DEPARTMENT OF PROBATION, PAROLE, AND
PARDON SERVICES"; TO AMEND SECTION 24-23-130, AS AMENDED, RELATING TO THE
TERMINATION OF SUPERVISION OF A PROBATIONER UPON RECOMMENDATION OF THE
Printed Page 2183 . . . . . Monday, May 1,
1995
RESPONSIBLE COUNTY PROBATION OFFICE, SO AS TO ELIMINATE THE
TWO-YEAR PERIOD A PROBATIONER OR SUPERVISED PRISONER MUST WAIT AFTER
SATISFACTORILY COMPLETING THE CONDITIONS OF HIS PROBATION OR COMMUNITY
SUPERVISION TO BECOME ELIGIBLE FOR TERMINATION OF SUPERVISION; TO AMEND
SECTION
24-23-220, AS AMENDED, RELATING TO THE PAYMENT OF ASSESSMENTS AS A CONDITION OF
PROBATION AND SUPERVISION FROM RELEASE FROM PRISON, SO AS TO SUBSTITUTE
"DEPARTMENT OF PROBATION AND COMMUNITY SUPERVISION" FOR
"DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES", AND TO
SUBSTITUTE "TREASURER" FOR "TREASURY"; TO REPEAL SECTION
24-1-200, RELATING TO THE DIRECTOR OF THE DEPARTMENT OF CORRECTION'S ABILITY TO
INQUIRE INTO INMATE'S SENTENCES, THE CONDITIONS UNDER WHICH INMATES ARE
CONFINED
AND RECOMMENDATIONS FOR CLEMENCY; SECTION 24-13-60, RELATING TO THE
REQUIREMENT
THAT CLERKS OF COURT MUST NOTIFY THE DEPARTMENT OF CORRECTIONS OF THE
NUMBER OF
PERSONS CONVICTED EACH TERM; SECTION 24-13-270, RELATING TO THE PREMATURE
RELEASE OF PRISONERS; SECTION 24-13-610, RELATING TO THE EXTENDED WORK RELEASE
PROGRAM; SECTION 24-13-620, RELATING TO THE REQUIREMENTS OF EXTENDED WORK
RELEASE PROGRAM PARTICIPANTS; SECTION 24-13-630, RELATING TO THE DUTIES OF THE
DEPARTMENT OF CORRECTIONS REGARDING THE EXTENDED WORK RELEASE PROGRAM;
SECTION
24-13-710, RELATING TO THE IMPLEMENTATION OF GUIDELINES AND ELIGIBILITY CRITERIA
FOR THE SUPERVISED FURLOUGH PROGRAM; AND SECTION 24-13-720, RELATING TO INMATES
WHO MAY BE PLACED IN A SUPERVISED FURLOUGH PROGRAM; TO DIRECT THE CODE
COMMISSIONER TO MAKE APPROPRIATE REVISIONS TO THE CODE; AND TO SAVE PENDING
MATTERS.
Ordered for consideration tomorrow.
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