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SECTION 36. 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, community supervision, and other offenders released from incarceration prior to the expiration of their sentence;

(2) the consideration of paroles and pardons and the supervision of offenders in the community supervision program, and other offenders released from incarceration prior to the expiration of their sentence. The requirements for an offender's participation in the community supervision program and an offender's progress toward completing the program are to be decided administratively by the Department of Probation, Parole and Pardon Services. No inmate or future inmate shall have a `liberty interest' or an `expectancy of release' while in a community supervision program administered by the department;

(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. 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 24-21-30. (A) A person who commits a `community supervision offense' as defined in Section 24-13-100 on or after the effective date of this section is not eligible for parole consideration, but must complete a community supervision program as set forth in Section 24-21-560 prior to discharge from the sentence imposed by the court. For all offenders who are eligible for parole, The 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 these 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.
(B) The board may grant parole to an offender who committed a violent crime as defined in Section 16-1-60 or a `community supervision offense' as defined in Section 24-13-100 before the effective date of this section by a two-thirds majority vote of the full board. The board may grant parole to an offender who commits a violent crime as defined in Section 16-1-60 which is not included as a `community supervision offense' as defined in Section 24-13-100 on or after the effective date of this section by a two-thirds majority vote of the full board. The board may grant parole to an offender convicted of an offense which is not a violent crime as defined in Section 16-1-60 or a `community supervision offense' as defined in Section 24-13-100 by a unanimous vote of a three-member panel or by a majority vote of the full board.
Nothing in this subsection may be construed to allow any person who commits a `community supervision offense' as defined in Section 24-13-100 on or after the effective date of this section to be eligible for parole."

SECTION 38. 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, pardon, or any other form of

SECTION 39. 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 state correctional facilities, 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 40. Section 24-21-80 of the 1976 Code is 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 Department of Probation, Parole and Pardon Services 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 places a parolee under intensive supervision, or if an inmate who is participating in the Supervised Furlough Program is placed under intensive supervision, or if a person

SECTION 41. 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 42. 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

SECTION 43. 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, community supervision, and investigation and supervision, he is regarded as the official representative of the court, and the department, and the board."

SECTION 44. 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, the 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

SECTION 45. Section 24-21-910 of the 1976 Code is amended to read:

"Section 24-21-910. The Probation, Parole, and Pardon Services Board 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 46. 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.(2) Persons discharged from a sentence without benefit of parole shall must be considered upon the request of the individual anytime after the date of discharge.

C.(3) Parolees shall must 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 must be considered for pardon upon the request of the individual anytime after the date of discharge.

D.(4) An inmate shall must be considered for pardon prior to before a parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.

E.(5) 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 has completed supervision or has been discharged from a sentence.

SECTION 47. 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 48. 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, and 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 agents for the purposes of prerelease preparation, securing employment and living arrangements, or obtaining rehabilitation services;

(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, or 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 49. 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 probation, parole, and community supervision outcomes, revocations, and recidivism.

(d)(4) The department's development of adequate training and staff development for its employees."

SECTION 50. 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 for a period of two years, the court may, with the recommendation of the agent in charge of the responsible county probation

SECTION 51. 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 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 State Office of Victim Assistance. The director shall monitor the collection and reporting of these assessments imposed as a condition of supervision and assure that they are duly transferred properly to the State Treasurer."

SECTION 52. Section 44-53-375(D) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"(D) Except for a first offense, as provided in subsection subsections (A) and (B) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted. A person convicted and sentenced under this subsection to a mandatory term of imprisonment of twenty-five years, a mandatory minimum term of imprisonment of twenty-five years, or a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years is not eligible for parole, extended work release, as provided in Section 24-13-610, or supervised furlough, as provided in Section 24-13-710."

SECTION 53. Section 44-53-445(A) of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"(A) It is unlawful a separate criminal offense for a person to distribute, sell, purchase, manufacture, or to unlawfully possess with intent to distribute, a controlled substance while in, on, or within a one-half mile radius of the grounds of a public or private elementary, middle, or secondary school; a public playground or park; a public

SECTION 54. Sections 16-3-27, 24-1-200, 24-3-10, 24-13-270, and 24-13-1340 of the 1976 Code are repealed.

SECTION 55. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. Except as otherwise provided, the provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.

SECTION 56. A study committee shall be appointed to study mandatory minimum sentences and alternative sentences for nonviolent offenders and examine anti- recidivism methods for first time nonviolent offenders and report back to the General Assembly no later than the first day of session, 1996. The committee shall be composed of the following: The Attorney General of South Carolina or his designee, three appointees of the Speaker of the House of Representatives and three appointees of the President Pro Tempore of the Senate. The committee shall be staffed by the Sentencing Guidelines Commission and the staffs of the House and Senate Judiciary Committees.

SECTION 57. (A) Section 16-25-90 of the 1976 Code, as added by Act 7 of 1995, shall be both retroactive and prospective in application.

(B) This SECTION takes effect upon approval by the Governor.

SECTION 58. Except for SECTIONS 9 and 57 which take effect upon approval by the Governor, this act takes effect January 1, 1996, and applies prospectively to all crimes committed on or after that date./.

Amend title to conform.

Senator HOLLAND explained the amendment.

The amendment was adopted.

Senator LEVENTIS proposed the following Amendment No. 1 (GJK\21988SD.95), which was adopted:

Amend the bill, as and if amended, by adding a new SECTION to be appropriately numbered to read:

/SECTION . Section 22-3-550 of the 1976 Code, as last amended by Section 28, Part II, Act 570 of 1994, is further amended to read:

"Section 22-3-550. Magistrates have jurisdiction of all offenses which may be subject to the penalties of a fine or forfeiture not exceeding five hundred dollars, or imprisonment not exceeding thirty days, or both. and

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