Current Status Bill Number:490 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970307 Primary Sponsor:Thomas All Sponsors:Thomas Drafted Document Number:egm\18582djc.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Date of Last Amendment:19970605 Subject:Prisons and Prisoners, contraband monies, good behavior credits, youthful offender, juveniles, minors, Probation
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19980113 Introduced, read first time, 25 HJ
referred to Committee
Senate 19970606 Read third time, sent to House
Senate 19970605 Read second time, unanimous
consent for third reading on
Friday, 19970606
Senate 19970605 Committee amendment adopted
Senate 19970429 Polled out of Committee: 03 SCP
Favorable with amendment
Senate 19970306 Introduced, read first time, 03 SCP
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
June 5, 1997
S. 490
S. Printed 6/5/97--S.
Read the first time March 6, 1997.
TO AMEND SECTION 24-3-960, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MONIES IN THE UNLAWFUL POSSESSION OF PRISONERS BEING DECLARED CONTRABAND, SO AS TO PROVIDE THAT MONIES, TOKENS, OR THINGS OF LIKE NATURE USED AS MONEY SO SEIZED MUST BE DEPOSITED IN A FUND MAINTAINED BY THE DEPARTMENT OF CORRECTIONS TO AID IN THE DEPARTMENT'S DRUG INTERDICTION EFFORTS RATHER THAN IN A WELFARE FUND OF THE INSTITUTION IN WHICH THE PRISONER IS CONFINED; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR SO AS TO PROVIDE THAT A PRISONER SERVING TIME IN AN ADMINISTRATIVE SEGREGATION UNIT OF AN INSTITUTION OR IN THE MAXIMUM SECURITY UNIT OF THE DEPARTMENT AS A RESULT OF HIS OWN MISCONDUCT, AND A PRISONER WHO COMMITS AN OFFENSE OR IS FOUND GUILTY OF A SERIOUS OR OF REPETITIVE RULE VIOLATIONS OF THE INSTITUTION, MAY NOT BE ENTITLED TO CREDIT UNDER THIS SECTION; TO AMEND SECTION 24-19-30, AS AMENDED, RELATING TO THE DUTIES OF THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS SO AS TO REQUIRE THAT THE DIVISION REFER TO THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES THE NAMES OF COMMITTED YOUTHFUL OFFENDERS FOR CONDITIONAL RELEASE AND UNCONDITIONAL DISCHARGE; TO AMEND SECTION 24-19-50, AS AMENDED, RELATING TO THE POWERS OF COURTS UPON CONVICTION OF YOUTHFUL OFFENDERS SO AS TO SUBSTITUTE THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES IN PLACE OF THE YOUTHFUL OFFENDER DIVISION AS THE DISCHARGE AUTHORITY FOR YOUTHFUL OFFENDERS UNDER TWENTY-ONE SENTENCED INDEFINITELY TO THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-19-90, AS AMENDED, RELATING TO OPTIONS OF THE DIRECTOR OF THE RECEPTION AND EVALUATION CENTER, SO AS TO PROVIDE THAT THE DIRECTOR MAY RECOMMEND TO THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS THAT A COMMITTED YOUTHFUL OFFENDER BE REFERRED TO THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES FOR CONDITIONAL RELEASE UNDER SUPERVISION; TO AMEND SECTION 24-19-110, AS AMENDED, RELATING TO THE PROCEDURE FOR CONDITIONAL RELEASE OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS MAY, AFTER REASONABLE NOTICE TO THE DIRECTOR, REFER TO THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES THE NAME OF A COMMITTED YOUTHFUL OFFENDER FOR CONDITIONAL RELEASE UNDER SUPERVISION, THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY ASSESS REASONABLE FEES TO BE PAID BY YOUTHFUL OFFENDERS TO OFFSET COSTS OF SUPERVISION, AND THAT THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY DISCHARGE A COMMITTED YOUTHFUL OFFENDER UNCONDITIONALLY AT THE EXPIRATION OF ONE YEAR FROM THE DATE OF CONDITIONAL RELEASE; TO AMEND SECTION 24-19-130, RELATING TO REVOCATION OR MODIFICATION OF ORDERS OF THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY REVOKE OR MODIFY PREVIOUS ORDERS RESPECTING YOUTHFUL OFFENDERS; TO AMEND SECTION 24-19-140, RELATING TO SUPERVISORY AGENTS OF YOUTHFUL OFFENDERS PERMITTED TO REMAIN AT LIBERTY OR CONDITIONALLY RELEASED, SO AS TO SUBSTITUTE THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES FOR THE YOUTHFUL OFFENDER DIVISION AS THE APPOINTING AND REGULATING AUTHORITY FOR SUPERVISOR AGENTS AND REGULATIONS; TO AMEND SECTION 24-19-150, RELATING TO TREATMENT AND RETURN TO CUSTODY OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT IF, BEFORE THE UNCONDITIONAL DISCHARGE OF A CONDITIONALLY RELEASED YOUTHFUL OFFENDER, THE SOUTH CAROLINA BOARD OF PROBATION, PAROLE AND PARDON SERVICES IS OF THE OPINION THAT A YOUTHFUL OFFENDER WILL BE BENEFITED BY FURTHER TREATMENT, THE BOARD OF PROBATION, PAROLE AND PARDON SERVICES RATHER THAN THE YOUTHFUL OFFENDER DIVISION MAY DIRECT HIS RETURN TO CUSTODY AND MAY REVOKE THE ORDER OF CONDITIONAL RELEASE; AND TO AMEND SECTION 24-21-560, RELATING TO COMMUNITY SUPERVISION PROGRAMS AND REQUIREMENTS OF NOTIFICATION OF RELEASE OF PRISONERS TO COMMUNITY SUPERVISION PROGRAMS, SO AS TO PROVIDE THAT VICTIMS REGISTERED PURSUANT TO SECTION 16-3-1530(C) (THE VICTIMS AND WITNESSES BILL OF RIGHTS) AND THE SHERIFF'S OFFICE IN THE COUNTY WHERE A PRISONER SENTENCED FOR A "NO PAROLE OFFENSE" IS TO BE RELEASED MUST BE NOTIFIED BY THE DEPARTMENT OF CORRECTIONS RATHER THAN THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, AND TO PROVIDE THAT THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES MUST NOTIFY THE REGISTERED VICTIM UPON THE REVOCATION OR COMPLETION OF A COMMUNITY SUPERVISION PROGRAM.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-3-960 of the 1976 Code, as last amended by Section 431 of Act 181 of 1993, is amended to read:
"Section 24-3-960. Any moneys monies or tokens or things of like nature used as money found in the unlawful possession of any prisoner confined in a penal institution under control of the Department of Corrections are hereby declared to be contraband, and any moneys monies or tokens or things of like nature used as money so seized shall must be deposited in a fund maintained by the department the welfare fund of the institution in which the prisoner is confined and shall be the property of such welfare fund. This fund shall be used to aid drug interdiction efforts undertaken by the department."
SECTION 2. Section 24-13-210(A) of the 1976 Code, as last amended by Section 26 of Act 83 of 1995, is amended to read:
"(A) A prisoner convicted of an offense against this State, except a 'no parole offense' as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. However, a prisoner serving time in an administrative segregation unit of an institution or in the maximum security unit of the department as a result of his own misconduct, and a prisoner who commits an offense or is found guilty of a serious or of repetitive rule violations of the institution may not be entitled to credit under this section. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed."
SECTION 3. Section 24-19-30 of the 1976 Code is amended to read:
"Section 24-19-30. The division shall consider problems of treatment and correction; shall consult with and make recommendations to the director with respect to general treatment and correction policies and procedures for committed youthful offenders, and recommend orders to direct the release of youthful offenders conditionally under supervision and the unconditional discharge of youthful offenders; and take such further action and recommend such other orders to the director as may be necessary or proper to carry out the purpose of this chapter."
SECTION 4. Section 24-19-50 of the 1976 Code, as last amended by Section 5 of Act 441 of 1996, is amended to read:
"Section 24-19-50. In the event of a conviction of a youthful offender the court may:
(1) suspend the sentence and place the youthful offender on probation;
(2) release the youthful offender to the custody of the division before sentencing for an observation and evaluation period of not more than sixty days. The observation and evaluation must be conducted by the Reception and Evaluation Center operating under joint agreement between the Department of Vocational Rehabilitation and the Department of Corrections and the findings and recommendations for sentencing must be returned with the youthful offender to the court for sentencing;
(3) if the offender is under the age of twenty-one, without his consent, sentence the youthful offender indefinitely to the custody of the department for treatment and supervision pursuant to this chapter until released or discharged by the division, South Carolina Department of Probation, Parole and Pardon Services, the period of custody not to exceed six years. If the offender is twenty-one years of age but less than twenty-five years of age, he may be sentenced in accordance with this item if he consents in writing;
(4) if the court finds that the youthful offender will not derive benefit from treatment, may sentence the youthful offender under any other applicable penalty provision. The youthful offender must be placed in the custody of the department;
(5) not sentence a youthful offender more than once under this chapter."
SECTION 5. Section 24-19-90 of the 1976 Code, as last amended by Section 455 of Act 181 of 1993, is amended to read:
"Section 24-19-90. On receipt of the report and recommendations from the Reception and Evaluation Center and from the members of the division, the director may:
(a) recommend to the division that the committed youthful offender be released conditionally referred to the South Carolina Board of Probation, Parole and Pardon Services for conditional release under supervision; or
(b) allocate and direct the transfer of the committed youthful offender to an agency or institution for treatment; or
(c) order the committed youthful offender confined and afforded treatment under such conditions as he believes best designed for the protection of the public."
SECTION 6. Section 24-19-110 of the 1976 Code, as last amended by Section 457 of Act 181 of 1993, is amended to read:
"Section 24-19-110. The division may at any time after reasonable notice to the director release conditionally under supervision a committed youthful offender. When, in the judgment of the director, a committed youthful offender should be released conditionally under supervision he shall so report and recommend to the division. refer to the South Carolina Board of Probation, Parole and Pardon Services the name of a committed youthful offender for conditional release under supervision.
The board, by a majority vote or a three-member panel of the board by a unanimous vote, may conditionally release or unconditionally discharge a youthful offender. An administrative hearing officer may be appointed by the Director of the Department of Probation, Parole and Pardon Services to review the youthful offender's case and submit to the board or a three-member panel of the board written findings of fact and recommendations which shall be the basis for a determination by the board or three-member panel of the board.
The division Department of Probation, Parole and Pardon Services may shall regularly assess a reasonable regular supervision fee or an intensive supervision fee pursuant to Section 24-21-80 to be paid by the youthful offender who is on conditional release to offset the cost of his supervision.
The division Board of Probation, Parole and Pardon Services may discharge a committed youthful offender unconditionally at the expiration of one year from the date of conditional release."
SECTION 7. Section 24-19-130 of the 1976 Code is amended to read:
"Section 24-19-130. The Division South Carolina Board of Probation, Parole and Pardon Services may revoke or modify any of its previous orders respecting a committed youthful offender except an order of unconditional discharge."
SECTION 8. Section 24-19-140 of the 1976 Code is amended to read:
"Section 24-19-140. Committed youthful offenders permitted to remain at liberty under supervision or conditionally released shall be under the supervision of supervisory agents appointed by the Division Department of Probation, Parole and Pardon Services. The Division Department of Probation, Parole and Pardon Services is authorized to encourage the formation of voluntary organizations composed of members who will serve without compensation as voluntary supervisory agents and sponsors. The powers and duties of voluntary supervisory agents and sponsors shall be limited and defined by regulations adopted by the Division Department of Probation, Parole and Pardon Services."
SECTION 9. Section 24-19-150 of the 1976 Code is amended to read:
"Section 24-19-150. If, at At any time before the unconditional discharge of a committed youthful offender, the Division is of the opinion that such youthful offender will be benefited by further treatment in an institution or other facility any member of the Division may direct his return to custody or if necessary may issue a warrant for the apprehension and return to custody of such youthful offender and cause such warrant to be executed by an appointed supervisory agent, or any policeman supervising agent may issue or cause the issuing of a warrant and cause the youthful offender to be arrested for violating any of the conditions of the conditional release and returned to the custody of the South Carolina Department of Corrections. The supervising agent may, instead of issuing a warrant, issue a written citation and affidavit under Section 24-21-300. Upon return to custody, such youthful offender shall be given an opportunity to appear before the Division or a member thereof. The Division may then or at its discretion revoke the order of conditional release. a hearing officer appointed by the Director of the South Carolina Department of Probation, Parole and Pardon Services. A decision by the hearing officer to revoke a conditional release shall be forwarded to the Board of Probation, Parole and Pardon Services for a final decision. The decision of the Board of Probation, Parole and Pardon Services shall be based on the findings and recommendation of the hearing officer unless the Board of Probation, Parole and Pardon Services decides to conduct a de novo hearing. No appeal from a decision of the Board of Probation, Parole and Pardon Services shall be allowed."
SECTION 10. Section 24-21-560(G) of the 1976 Code, as added by Act 83 of 1995, is amended to read:
"(G) Victims registered pursuant to Section 16-3-1530(c) and the sheriff's office in the county where a prisoner sentenced for a 'no parole offense' is to be released must be notified by the Department of Probation, Parole and Pardon Services when the prisoner is released to a community supervision program Corrections. The Department of Probation, Parole and Pardon Services must notify the registered victim upon the revocation of a community supervision program and upon the completion of a community supervision program."
SECTION 11. This act takes effect upon approval by the Governor.