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S. 1201

STATUS INFORMATION

General Bill
Sponsors: Senator Knotts
Document Path: l:\council\bills\swb\6021cm04.doc

Introduced in the Senate on April 27, 2004
Currently residing in the Senate Committee on Corrections and Penology

Summary: Sex offender, restrictions that must be imposed

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   4/27/2004  Senate  Introduced and read first time SJ-7
   4/27/2004  Senate  Referred to Committee on Corrections and Penology SJ-7

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

4/27/2004

TO AMEND CHAPTER 21, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATION, PAROLE AND PARDON SERVICES, BY ADDING ARTICLE 8 SO AS TO PROVIDE CERTAIN RESTRICTIONS THAT MUST BE IMPOSED UPON A PERSON WHO HAS BEEN CONVICTED OF AN OFFENSE THAT RENDERS HIM A SEX OFFENDER AND WHO IS EITHER SERVING A PROBATIONARY SENTENCE OR WHO IS PARTICIPATING IN A COMMUNITY SUPERVISION PROGRAM.

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

SECTION    1.    Chapter 21, Title 24 of the 1976 Code is amended by adding:

Section 24-21-800.    Notwithstanding another provision of law, a person convicted of a crime contained in Section 23-3-430 who is serving a probationary sentence or participating in a community supervision program:

(1)    is subject to a curfew from 10 p. m. to 6 a. m. The court may designate another eight-hour curfew period if the person's employment precludes him serving the curfew during this period of time, and if the alternate period is recommended by the Department of Probation, Parole and Pardon Services;

(2)    may not live within one thousand feet of a school, daycare center, park, playground, or another place where children regularly congregate if his victim is under the age of eighteen. The one thousand foot distance must be measured in a straight line from the person's place of residence to the nearest boundary line of the school, daycare center, park, playground, or other place where children congregate;

(3)    must actively participate in and successfully complete a sex offender treatment program with therapists specifically trained to treat sex offenders, at the person's expense. If a specially trained therapist is not available within a fifty-mile radius of the person's residence, the person must participate in another appropriate program;

(4)    may not have any contact with the victim, directly or indirectly, including through a third person, unless approved by the victim, the offender's therapist, and the sentencing court;

(5)    may not have unsupervised contact with a child under the age of eighteen, unless authorized by the sentencing court without another adult present who is responsible for the child's welfare, has been advised of the crime, and is approved by the sentencing court if the person has not successfully completed a sex offender treatment program and his victim was under the age of eighteen;

(6)    may not work for pay or as a volunteer at any school, daycare center, park, playground, or other place where children regularly congregate if his victim is under the age of eighteen;

(7)    may not view, own, or possess any obscene, pornographic, or sexually stimulating visual or auditory material, including telephone, electronic media, computer programs, or computer services that are relevant to the offender's deviant behavior pattern unless otherwise indicated in his treatment plan;

(8)    must make restitution to the victim for all necessary medical and related professional services relating to physical, psychiatric, and psychological care;

(9)    is subject to warrantless searches by his community supervision program supervisor or his probation officer of his person, residence, or vehicle;

(10)    must participate annually in polygraph examinations to obtain information necessary for risk management and treatment and to reduce the sex offender's denial mechanisms. A polygraph examination must be conducted by a polygrapher trained specifically in the use of the polygraph for the monitoring of sex offenders, where available, and whose cost must be paid by the sex offender. The results of the polygraph examination may not be used as evidence in a court to prove that a violation of community supervision has occurred;

(11)    must maintain a driving log and may not operate a motor vehicle alone without the prior approval by his supervising officer;

(12)    may not obtain or use a post office box without the prior approval of his supervising officer;

(13)    must submit at his expense, to an HIV test with the results to be released to the victim or the victim's parent or guardian; and

(14)    must be subject to electronic monitoring when ordered by the court."

SECTION    2.    This act takes effect upon approval by the Governor.

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