Download This Version in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
POLLED OUT OF COMMITTEE
MAJORITY FAVORABLE WITH AMENDMENT
May 18, 2005
S. 570
Introduced by Senators Fair, Campsen, Anderson, Cromer, Williams, Verdin, Sheheen, Hawkins, Scott, Bryant and Thomas
S. Printed 5/18/05--S.
Read the first time March 3, 2005.
To whom was referred a Bill (S. 570) to amend Chapter 13, Title 24, Code of Laws of South Carolina, 1976, relating to the Department of Corrections, by adding Article 12 so as to allow the, etc., respectfully
Has polled the Bill out with amendment, to wit:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/SECTION 1. Chapter 21, Title 24 of the 1976 Code is amended by adding:
Section 24-21-1300. (A) The Department of Probation, Parole and Pardon Services may develop and operate Day Reporting Centers within the State.
(B) 'Day Reporting Center' means a State facility providing supervision of inmates or offenders placed on supervision which includes, but is not limited to, mandatory reporting, program participation, drug testing, community service, and any other conditions as determined by the Department of Corrections and the Department of Probation, Parole and Pardon Services.
(C) 'Eligible inmate' means a person sentenced to imprisonment for more than three months, excluding a person sentenced for:
(1) a violent crime, as provided for in Section 16-1-60;
(2) an A, B, C, or D felony, as provided for in, Section 16-1-20;
(3) an unclassified crime which carries a maximum term of imprisonment of ten years or more, as provided for in, Section 16-1-10(d); or
(4) a crime which requires a registration as a sex offender, as provided for in, Section 23-3-430. 'Eligible inmate' does not include a person who does not provide an approved in-state residence as determined jointly by the Department of Corrections and the Department of Probation, Parole and Pardon Services.
(D) 'Eligible offender' means a person placed on probation, parole, community supervision, or any other supervision program operated by the Department of Probation, Parole and Pardon Services, excluding a person sentenced for:
(1) a violent crime, as provided for in, Section 16-1-60;
(2) an A, B, C, or D felony, as provided for in, Section 16-1-20;
(3) an unclassified crime which carries a maximum term of imprisonment of ten years or more, as provided for in, Section 16-1-10(d); or
(4) a crime which required a registration as a sex offender, as provided for in, Section 23-3-430. 'Eligible offender' does not include a person who does not provide an approved in-state residence as determined jointly by the Department of Corrections and the Department of Probation, Parole and Pardon Services.
Section 24-21-1310. (A) Notwithstanding another provision of law, the Department of Probation, Parole and Pardon Services may develop and operate day reporting centers for eligible inmates and eligible offenders, if the General Assembly appropriates funds to operate these centers. The Department of Probation, Parole and Pardon Services may develop policies, procedures, and guidelines for the operation of day reporting centers. The period of time an eligible inmate or offender is required to participate in a day reporting program and the individual terms and conditions of an eligible inmate's or offender's placement and participation are at the joint discretion of the Department of Corrections and the Department of Probation, Parole and Pardon Services.
(B) An inmate or offender has no right to be placed in a day reporting center. The Department of Corrections and the Department of Probation, Parole, and Pardon Services have absolute discretion to place an eligible inmate or offender in a day reporting center and nothing in this article may be construed to entitle an inmate or offender to participate in a day reporting center program.
Section 24-21-1320. (A) An eligible inmate or offender placed in a day reporting center must agree to abide by the conditions established by the Department of Corrections and the Department of Probation, Parole and Pardon Services, which may include, but are not limited to:
(1) seek and maintain employment;
(2) participate in any educational or counseling programs recommended by the department;
(3) refrain from using alcohol or nonprescription medication; and
(4) pay a reasonable supervision fee, which may be waived by the department, that must be retained by the department to assist in funding this program.
(B) An eligible inmate or offender who fails to abide by the conditions established by the Department of Corrections and the Department of Probation, Parole and Pardon Services may be removed from the community and brought before an administrative hearing officer of the Department of Probation, Parole and Pardon Services. The Department of Probation, Parole and Pardon Services is the sole authority for determining whether any condition has been violated and for determining the actions to be taken in response to the violation. An participant revoked from participation in a day reporting center may be subject to further criminal proceedings or the institution of internal disciplinary sanctions for violations of any conditions associated with his placement in the day reporting center program. A participant who fails to report as instructed, or whose whereabouts are unknown, may be considered to be an escapee by the department and may be apprehended and returned to custody as any other inmate who is deemed an escapee by the department.
(C) If a sentence to a day reporting center is revoked, the participant must serve the remainder of his sentence within the Department of Corrections.
Section 24-21-1330. The day reporting center program terminates June 30, 2009, unless extended by the General Assembly."
SECTION 2. This act takes effect upon the signature of the Governor and implemented upon the appropriations of sufficient funds by the General Assembly./
Renumber sections to conform.
Amend title to conform.
TO AMEND CHAPTER 13, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 12 SO AS TO ALLOW THE DEPARTMENT TO ESTABLISH DAY REPORTING CENTERS FOR CERTAIN INMATES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 13, Title 24 of the 1976 Code is amended by adding:
Section 24-13-1200. (A) 'Department' means the Department of Corrections.
(B) 'Day Reporting Center' means a State facility providing supervision of inmates which includes, but is not limited to, mandatory reporting, program participation, drug testing, community service, and any other conditions as determined by the Department of Corrections.
(C) 'Eligible inmate' means a person convicted of a nonviolent offense against the State and sentenced to imprisonment for more than three months, excluding a person sentenced for committing or attempting to commit a lewd act on a child (Section 16-15-140), criminal sexual conduct in the third degree (Section 16-3-654), or a person who does not have an in-state residence as determined by the department, and who is recommended for placement in the program by a circuit court judge.
Section 24-13-1210. (A) Notwithstanding another provision of law relating to the placement, care, or supervision of a person who is under the jurisdiction of the department, the department may develop policies, procedures, and guidelines that would permit an eligible inmate to be placed in a day reporting center. The department may establish or contract to establish day reporting centers as may be necessary to supervise inmates placed in the program.
(B) An inmate has no right to be placed in a day reporting center. The department has the discretion to place an eligible inmate in a day reporting center and nothing in this article may be construed to entitle an inmate to participate in a day reporting center program.
Section 24-13-1220. (A) Inmates placed in a day reporting center must agree to abide by the conditions established by the department, which may include, but are not limited to, the following:
(1) to seek and maintain employment;
(2) to participate in any educational or counseling programs recommended by the department;
(3) to refrain from using alcohol or non-prescription medication; and
(4) to pay a reasonable supervision fee, which may be waived by the department, that must be retained by the department to assist in funding this program.
(B) An inmate who fails to abide by the conditions established by the department may be removed from the community, and returned to an institution of the department. The department is the sole authority for determining whether any condition has been violated and for determining the actions to be taken in response to the violation. An inmate revoked from participation in a day reporting center may be subject to further criminal proceedings or the institution of internal disciplinary sanctions for violations of any conditions associated with his placement in the day reporting center program. An inmate who fails to report as instructed, or whose whereabouts are unknown, may be considered to be an escapee by the department, and may be apprehended and returned to custody as any other inmate who is deemed an escapee by the department.
(C) If a sentence to a day reporting center is revoked, the inmate must serve the remainder of his sentence, less credit for time served while in the day reporting center program, within the department.
Section 24-13-1230. The day reporting center program will be implemented on a trial basis in the counties of Greenville, Charleston, and Columbia.
Section 24-13-1240. The day reporting center program will terminate June 30, 2008, unless extended by the General Assembly."
SECTION 2. This act takes effect upon the signature of the Governor and implemented upon the appropriations of sufficient funds by the General Assembly.
This web page was last updated on Tuesday, June 23, 2009 at 2:48 P.M.