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May 8, 2003
S. Printed 5/8/03--H.
Read the first time May 7, 2003.
TO ESTABLISH A JOINT CORRECTIONS AND PENOLOGY STUDY COMMITTEE TO STUDY SOUTH CAROLINA'S STATUTORY IMPEDIMENTS TO PROVIDING NECESSARY AND DESIRABLE FLEXIBILITY FOR THE DEPARTMENT OF CORRECTIONS IN MANAGING INMATE POPULATION CONSISTENT WITH PUBLIC SAFETY, TO PROVIDE FOR THE COMMITTEE TO MAKE A REPORT AND RECOMMENDATIONS TO THE GENERAL ASSEMBLY AND THE GOVERNOR NO LATER THAN JANUARY 14, 2004, AND TO PROVIDE FOR THE MEMBERSHIP OF THE COMMITTEE, ITS DUTIES, EXPENSES, AND STAFFING.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. (A) A Joint Corrections and Penology Study Committee is established to identify and study the statutory impediments which limit the ability of the Department of Corrections to effectively and economically manage its committed offender population.
(B) The joint study committee is composed of ten members as follows:
(1) two senators appointed by the President Pro Tempore of the Senate, one of whom must be from the majority party and one of whom must be from the minority party;
(2) two members of the House of Representatives appointed by the Speaker, one of whom must be from the majority party and one of whom must be from the minority party;
(3) the Director of the Department of Corrections;
(4) the Director of the Department of Probation, Parole and Pardon Services;
(5) the Attorney General or his designee;
(6) a circuit court judge appointed by the Chief Justice of the South Carolina Supreme Court;
(7) a circuit solicitor appointed by the Chairman of the Commission on Prosecution Coordination; and
(8) a public defender appointed by the Chairman of the Commission on Indigent Defense.
(C) The committee shall:
(1) make a detailed and careful study of statutory impediments which limit the ability of the Department of Corrections to effectively and economically manage its committed offender population including, but not limited to, impediments to the department's authority to place inmates in alternative programming, utilize furloughs for certain defined populations, award earned credits for sentence reduction, and the use of electronic, telephonic, and other monitoring devices; and
(2) make recommendations to the General Assembly and the Governor relating to changes in the statutory law so as to provide administrative flexibility for the department and enable it to effectively and economically manage its committed offender population in a manner consistent with public safety.
(D) In achieving its objectives, the committee, in its discretion, may:
(1) receive testimony of employees of the State or other witnesses who may assist the committee in its duties;
(2) call for assistance in the performance of its duties from employees or agencies of the State or of its political subdivisions; and
(3) adopt by majority vote rules not inconsistent with this resolution it considers proper with respect to matters relating to the discharge of its duties pursuant to this resolution.
SECTION 2. The professional and clerical services for the committee must be made available from the staffs of the General Assembly and state agencies and institutions.
SECTION 3. The committee shall make reports and recommendations to the General Assembly and the Governor by January 14, 2004, at which time the committee is dissolved. The committee's findings and recommendations must be published and made available to the public.
SECTION 4. The members of the committee shall serve without compensation and may not receive the per diem, mileage, and subsistence as allowed by law for members of boards, committees, and commissions when engaged in the exercise of their duties as members of the committee.
SECTION 5. This joint resolution takes effect upon approval by the Governor.
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