South Carolina General Assembly
113th Session, 1999-2000

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Bill 3533


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3533
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990216
Primary Sponsor:                  D. Smith
All Sponsors:                     D. Smith, Wilkins, Rodgers
Drafted Document Number:          l:\council\bills\bbm\9004som99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Parole hearings, period of up to five 
                                  years between provided for violent crimes and 
                                  offenses; Probation, and Pardon


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990304  Co-Sponsor added (Rule 5.2) by Rep.            Rodgers
House   19990216  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTIONS 24-21-645, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE AND THE REVIEW, EVERY TWO YEARS, OF THE CASE OF A PRISONER CONFINED FOR THE COMMISSION OF A VIOLENT CRIME, AND TO AMEND SECTION 24-21-650, AS AMENDED, RELATING TO THE ORDER OF PAROLE, SO AS TO PROVIDE A PERIOD OF UP TO FIVE YEARS BETWEEN PAROLE HEARINGS IF THE BOARD FINDS IT IS NOT REASONABLE TO EXPECT THAT A PAROLE WOULD BE GRANTED AT A HEARING HELD EARLIER, AND TO PROVIDE THAT THE BOARD SHALL ADOPT PROCEDURES RELATING TO THE CRITERIA FOR SETTING A HEARING BETWEEN TWO AND FIVE YEARS.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 24-21-645 of the 1976 Code, as last amended by Act 120 of 1997, is further amended to read:

"Section 24-21-645. (A) The board may shall 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 the effective date of the parole; 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 must issue an order which, if accepted by the prisoner, shall provide for his release from custody.

(B)(1) However, Upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their cases reviewed every two years for the purpose of a determination of parole, except that prisoners who are eligible for parole pursuant to Section 16-25-90, and who are subsequently denied parole must have their cases reviewed every twelve months for the purpose of a determination of parole. This section applies retroactively to a prisoner who has had a parole hearing pursuant to Section 16-25-90 prior to the effective date of this act.

(2) Except for prisoners who are eligible for parole pursuant to Section 16-25-90, the board is authorized to extend the period between hearings up to five years after a negative determination of parole if the board finds that it is not reasonable to expect that a parole would be granted at a hearing during the following years and states the basis for the finding in writing. The board shall adopt procedures that relate to the criteria for setting a hearing between two and five years."

SECTION 2. Section 24-21-650 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 24-21-650. (A) The board shall issue an order authorizing the parole which must be signed by at least a majority of its members with terms and conditions, if any, but at least two-thirds of the members of the board must sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. The director, or one lawfully acting for him, then must issue a parole order which, if accepted by the prisoner, provides for his release from custody.

(B) Upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their cases reviewed every two years for the purpose of a determination of parole. The board is authorized to extend the period between hearings up to five years after a negative determination of parole if the board finds that it is not reasonable to expect that a parole would be granted at a hearing during the following years and states the basis for the finding in writing. The board shall adopt procedures that relate to the criteria for setting a hearing between two and five years."

SECTION 3. This act takes effect upon approval by the Governor, and applies retroactively to the scheduling of parole hearings for all prisoners in confinement for a violent crime.

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