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Current Status Bill Number:View additional legislative information at the LPITS web site.4952 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20000413 Primary Sponsor:Limehouse All Sponsors:Limehouse, Altman, Campsen and Whatley Drafted Document Number:l:\council\bills\skb\18334som00.doc Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Parole hearings, period of four years between for violent offenders; Crimes and Offenses, Probation, Pardon History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ House 20000413 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill
TO AMEND SECTIONS 24-21-645 AND 24-21-650, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, BOTH RELATING TO A PAROLE ORDER, SO AS TO PROVIDE THAT UPON A NEGATIVE DETERMINATION OF PAROLE, A PERSON CONFINED FOR COMMITTING A VIOLENT CRIME MUST HAVE HIS CASE REVIEWED EVERY FOUR YEARS INSTEAD OF TWO YEARS FOR THE PURPOSE OF A DETERMINATION OF PAROLE.
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. The board may 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. 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 four 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."
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. 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. 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 four years for the purpose of a determination of parole."
SECTION 3. This act takes effect upon approval by the Governor.
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