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3528Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 20010213Primary Sponsor: HarrisonAll Sponsors: Harrison, Wilkins and FlemingDrafted Document Number: l:\council\bills\skb\18184som01.docResiding Body: SenateCurrent Committee: Judiciary Committee 11 SJSubject: Sexually violent predator, multidisciplinary review team appointed by Corrections Director revised; Crimes, Sex offensesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20010412 Introduced, read first time, 11 SJ referred to Committee House 20010411 Read third time, sent to Senate House 20010410 Read second time House 20010404 Committee report: Favorable 25 HJ House 20010213 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on April 4, 2001 - Word format
Indicates Matter Stricken
Indicates New Matter
April 4, 2001
S. Printed 4/4/01--H.
Read the first time February 13, 2001.
To whom was referred a Bill (H. 3528) to amend Section 44-48-50, Code of Laws of South Carolina, 1976, relating to the multidisciplinary team reviewing records to determine if a person is a sexually violent predator, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JAMES H. HARRISON for Committee.
TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 44-48-50 of the 1976 Code, as added by Act 321 of 1998, is amended to read:
"Section 44-48-50. The Director of the Department of Corrections shall appoint a multidisciplinary team to review the records of each person referred to the team pursuant to Section 44-48-40. These records may include, but are not limited to, the person's criminal offense record, any relevant medical and psychological records, treatment records, and any disciplinary or other records formulated during confinement or supervision. The team, within thirty days of receiving notice as provided for in Section 44-48-40, shall assess whether or not the person satisfies the definition of a sexually violent predator. If it is determined that the person satisfies the definition of a sexually violent predator, the multidisciplinary team must forward a report of the assessment to the prosecutor's review committee. The assessment must be accompanied by all records relevant to the assessment. Membership of the team must include:
(1) a representative from the Department of Corrections;
(2) a representative from the Department of Probation, Parole
, and Pardon Services;
(3) a representative from the Department of Mental Health who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders;
(4) a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and
the Chief Attorney of the Office of Appellate Defense or his designee. an attorney experienced in the practice of criminal law appointed from a list of candidates submitted by the President of the South Carolina Bar to serve a term of one year.
The Director of the Department of Corrections or his designee shall be the chairman of the team."
SECTION 2. This act takes effect upon approval by the Governor.
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