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H. 5060
STATUS INFORMATION
General Bill
Sponsors: Reps. Harrell, Hinson, Neilson, Wilkins and Young
Document Path: l:\council\bills\ms\7240ahb04.doc
Introduced in the House on March 31, 2004
Currently residing in the House Committee on Judiciary
Summary: Parole hearings
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 3/31/2004 House Introduced and read first time HJ-5 3/31/2004 House Referred to Committee on Judiciary HJ-6
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VERSIONS OF THIS BILL
TO AMEND SECTION 24-21-30, AS AMENDED, OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE HEARINGS, SO AS TO PROVIDE THAT PAROLE HEARINGS IN CASES RELATING TO A SINGLE VICTIM MUST BE HELD ON THE SAME DAY, TO PROVIDE THAT THIS REQUIREMENT IS RETROACTIVE, AND TO PROVIDE A PROCEDURE FOR SETTING A PAROLE HEARING DATE FOR MULTIPLE OFFENDERS WHO COMMIT AN OFFENSE OR ARE SERVING A SENTENCE FOR AN OFFENSE BEFORE JULY 1, 2004.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-21-30 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 24-21-30. (A) A person who commits a "no parole offense" as defined in Section 24-13-100 on or after the effective date of this section is not eligible for parole consideration, but must complete a community supervision program as set forth in Section 24-21-560 prior to discharge from the sentence imposed by the court. For all offenders who are eligible for parole, the board shall hold regular meetings, as may be necessary to carry out its duties, but at least four times each year, and as many extra meetings as the chairman, or the Governor acting through the chairman, may order. The board may preserve order at its meetings and punish any disrespect or contempt committed in its presence. The chairman may direct the members of the board to meet as three-member panels to hear matters relating to paroles and pardons as often as necessary to carry out the board's responsibilities. Membership on these panels shall must be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall must be considered the final decision of the board, and the panel may issue an order of parole with the same force and effect of an order issued by the full board pursuant to Section 24-21-650. Any vote that is not unanimous shall may not be considered as a decision of the board, and the matter shall must be referred to the full board which shall decide it based on a vote of a majority of the membership.
(B) The board may grant parole to an offender who commits a violent crime as defined in Section 16-1-60 which is not included as a 'no parole offense' as defined in Section 24-13-100 on or after the effective date of this section by a two-thirds majority vote of the full board. The board may grant parole to an offender convicted of an offense which is not a violent crime as defined in Section 16-1-60 or a "no parole offense" as defined in Section 24-13-100 by a unanimous vote of a three-member panel or by a majority vote of the full board.
Nothing in this subsection may be construed to allow any person who commits a "no parole offense" as defined in Section 24-13-100 on or after the effective date of this section to be eligible for parole.
(C) The board must conduct all parole hearings in cases related to a single victim on the same day.
(D) The provisions of subsection (C) apply retroactively to offenders who commit an offense or are serving a sentence before July 1, 2004. The board shall determine which of the multiple offenders subject to the provisions of this subsection is entitled to the earliest parole hearing date after July 1, 2004, and shall begin holding the parole hearings relating to a single victim on that date and then continuing on an annual or bi-annual basis as provided by law.
(E) The provisions of subsections (C) and (D) do not allow a person who commits a 'no parole offense' as defined in Section 24-13-100 after June 30, 2004, to be eligible for parole."
SECTION 2. This act takes effect on July 1, 2004.
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