Current Status Bill Number:205 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970121 Primary Sponsor:Thomas All Sponsors:Thomas, Lander and Giese Drafted Document Number:dka\3880cm.97 Residing Body:Senate Subject:Restitution and fines from certain released prisoners, to collect; Courts, Probation, Parole and Pardon
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980331 Polled out of Committee: 03 SCP
Favorable with amendment
Senate 19970121 Introduced, read first time, 03 SCP
referred to Committee
View additional legislative information at the LPITS web site.
POLLED OUT OF COMMITTEE
MAJORITY FAVORABLE WITH AMENDMENTS
March 31, 1998
S. 205
S. Printed 3/31/98--S.
Read the first time January 21, 1997.
To whom was referred a Bill (S. 205), to amend the Code of Laws of South Carolina, 1976, by adding Section 24-21-570 so as to provide procedures to collect restitution and fines, etc., respectfully
Has polled the Bill out majority favorable with amendments, to wit:
Amend the bill, as and if amended, in Section 24-21-570(D) of the 1976 Code, as contained in SECTION 1, line 9, page 2, by deleting /Court of Common Pleas/and inserting/Court of General Sessions/.
Renumber sections to conform.
Amend title to conform.
Amend the bill, as and if amended, SECTION 2, by deleting SECTION 2 on page 2, line 22.
Renumber sections to conform.
Amend title to conform.
An Additional Cost to the General Fund of the State as Shown Below
FIRST YEAR GENERAL FUNDS: $ 93,784
ANNUALLY THEREAFTER: $ 87,784
RECURRING NON-RECURRING
Personal Service &
Employer Contributions $ 85,379
FTE (3.00)
Operating Costs 2,405 $ 6,000
Other
TOTAL $ 87,784 $ 6,000
South Carolina Department of Probation, Parole, and Pardon Services
The estimated fiscal impact of this proposed amendment is $93,784 and 3 FTE's, of which 6,000 is non-recurring for a one-time purchase of office equipment.
The italicized portion of this impact indicates the items that have been revised. For this impact, the revised constitutes information that was not available in the original impact.
Approved By:
Michael L. Shealy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-570 SO AS TO PROVIDE PROCEDURES TO COLLECT RESTITUTION AND FINES FROM PERSONS RELEASED ON PROBATION, PAROLE, SUPERVISED FURLOUGH, OR CONDITIONAL RELEASE; AND TO AMEND ACT 437 OF 1996 RELATING TO CRIME VICTIMS AND RESTITUTION, SO AS TO DELETE PROVISIONS RELATING TO THE IMPLEMENTATION OF SUCH ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 24-21-570. (A) As a condition for a person to be released on probation, parole, supervised furlough, conditional release, or to be supervised by the Department of Probation, Parole and Pardon Services, all legal requirements, including all due process requirements of notice and an opportunity to be heard before a prejudgment garnishment of wages is entered by a judge, are waived for the person. The department may issue a continuing garnishment order to an employer of a person being supervised by the department who is in arrears on his payment of restitution, a fine, or both, for the unpaid balance of the restitution, fine, or both.
(B) The employer, upon receipt of the order, must withhold immediately one-fourth of all wages in excess of thirty times the minimum wage an hour for each week and remit the monies to the department. Failure to comply with the order after the employer receives notice of the order makes the employer liable for the sums not withheld.
(C) The order shall remain in force until the total sum indicated in the order has been paid. The expiration of supervision does not end the order. If the employee is terminated and subsequently rehired, the order remains effective.
(D) If the person believes his restitution, fine, or both, have been satisfied, he must notify the department in writing with an accounting showing payment. If the department does not send notice to terminate the order within ten days of receipt of the notice, the individual may apply to the Court of Common Pleas to get a determination of whether the restitution, fine, or both, have been satisfied.
(E) The department may initiate an attachment of state income tax refunds due to a person under supervision who is in arrears on his payment of restitution, fine, or both. The department may initiate another remedy available to creditors to collect restitution, a fine, or both, due from an individual under supervision.
(F) The provisions contained in this section do not limit other actions which can be taken by the department against an individual under supervision by the department for failure to comply with a condition of supervision."
SECTION 2. Section 8 of Act 437 of 1996 is deleted.
SECTION 3. This act takes effect upon approval by the Governor.