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Current Status Bill Number:View additional legislative information at the LPITS web site.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
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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