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Bill 601

Indicates Matter Stricken
Indicates New Matter

Indicates Matter Stricken

Indicates New Matter

POLLED OUT OF COMMITTEE WITH AMENDMENT

April 26, 2005

S. 601

Introduced by Senators Fair, Knotts, Thomas, Verdin, Cromer, O'Dell, Hayes, Land, Bryant, McGill and Alexander

S. Printed 4/26/05--S.

Read the first time March 8, 2005.

To whom was referred a Bill (S. 601) to amend the Code of Laws of South Carolina, 1976, by adding Chapter 14, Title 24 so as to create the South Carolina Parole and Pardon Authority, to provide , 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.    Title 24 of the 1976 Code is amended by adding:

Section 24-14-10.    (A)    There is created the South Carolina Parole and Pardon Authority composed of nine members who must be appointed by the Governor with the advice and consent of the Senate. The Director of the Department of Juvenile Justice and the Director of the Department of Probation, Parole, and Pardon Services, or their designees, shall serve ex officio as nonvoting members of the authority for matters concerning their respective offenders only.

(B)    Members of the authority shall serve terms of six years and until their successors are appointed and qualify. Members may serve no more than two consecutive full terms.

(C)    Members may not be compensated for service on the authority but are entitled to receive mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions and actual and necessary expenses incurred pursuant to the discharge of official duties.

(D)    The authority shall elect from among its members a chairman who shall serve a one year term and who may serve only two consecutive terms as chairman. The authority may adopt rules and procedures for governance of its operations, and the chairman shall fix a time and place of meetings.

(E)    Members may be removed by their respective appointing authorities pursuant to Section 1-3-240(C), mutatis mutandis.

Section 24-14-15.    The South Carolina Pardon and Parole Authority shall hear and determine cases for parole and pardon, and any other form of clemency provided for by law, of:

(1)    juveniles in the custody of the Department of Juvenile Justice adjudicated delinquent for class A, B, C, and D felonies, assault and battery of a high and aggravated nature, criminal sexual conduct in the third degree, assault with intent to commit criminal sexual conduct in the third degree, stalking, as defined in Section 16-3-1730(B), and violation of probation for Class A, B, C, and D felonies and of juveniles committed three or more times to the Department of Juvenile Justice; and

(2)    all other offenders, except youthful offenders, in penal or correctional institutions in this State.

Section 24-14-20.    (A)    Except as otherwise provided for in this chapter parole and pardon hearings must be conducted by the chairman of the authority, or his designee, with five members of the authority assigned to each hearing on a random, rotating basis, and the Director of the Department of Juvenile Justice or the Director of the Department of Probation, Parole, and Pardon Services, or their designees, must be in attendance as provided for in Section 24-14-10(A).

(B)    Individual votes of members of the authority are confidential and not subject to disclosure to the public; however, the cumulative votes of each member of the authority must be compiled by categories of offenses established by the authority including, but not limited to, violent and nonviolent offenses, and this information must be available to the public in accordance with the Freedom of Information Act.

(C)    Members of the authority shall refrain from ex parte communication of a substantive nature prior to conducting a hearing on a case.

Section 24-14-30.    (A)    Recognizing the need to maintain autonomy and to provide a check and balance system, the South Carolina Parole and Pardon Authority shall employ an executive director of parole who is responsible for scheduling parole hearing and other meetings, ensuring that investigations have been conducted and that proper cases are prepared for the authority, maintaining the authority's official records, and performing other administrative duties relating to the authority's activities. The executive director shall employ parole examiners, revocation hearing officers, a victim services coordinator, and other staff necessary to carry out the functions of the authority. All staff are employees of the authority and are directly responsible to the authority administratively and operationally, and all staff serve at the will and the pleasure of the authority.

(B)    Funds allocated for the functions designated in this section must be incorporated as a line item within the Department of Probation, Parole and Pardon Services' budget and are subject to administrative control by the authority. However, the Department of Probation, Parole and Pardon Services shall provide the budgetary, fiscal, personnel, and training information resources and other support necessary for the authority to perform its mandated functions.

SECTION 2.    Section 1-3-240(C) of the 1976 Code, as last amended by Act 175 of 2004, is further amended to read:

"(C)    Persons appointed to the following offices of the State by the Governor may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:

(1)    Workers' Compensation Commission;

(2)    Commission of the Department of Revenue;

(3)    Ethics Commission;

(4)    Election Commission;

(5)    Professional and Occupational Licensing Boards;

(6)    Juvenile South Carolina Parole and Pardon Authority Board;

(7)    Probation, Parole and Pardon Board; Reserved

(8)    Director of the Department of Public Safety;

(9)    Board of the Department of Health and Environmental Control, excepting the Chairman;

(10)    Chief of State Law Enforcement Division;

(11)    South Carolina Lottery Commission; and

(12)    Executive Director of the Office of Regulatory Staff.

Upon the expiration of an officeholder's term, the individual may continue to serve until a successor has been appointed and qualifies."

SECTION    3.    Subarticle 17, Article 30, Chapter 7, Title 20 of the 1976 Code is amended to read:

Section 20-7-8303.    (A)    The release and revocation of release of juveniles adjudicated delinquent and committed to the department must be determined by:

(1)    the South Carolina Parole and Pardon Authority, established pursuant to Section 24-14-10, for juveniles adjudicated delinquent and committed for an indeterminate period for a Class A, B, C, or D felony, assault and battery of a high and aggravated nature, criminal sexual conduct in the third degree, assault with intent to commit criminal sexual conduct in the third degree, and stalking, as defined in Section 16-3-1730(B), for juveniles who have violated probation for any of the offenses enumerated in this item, for juveniles adjudicated delinquent and indeterminately committed three or more times to the Department of Juvenile Justice , and for juveniles adjudicated delinquent who have been transferred by the Department of Juvenile Justice to the Youthful Offender Division of the Department of Corrections pursuant to Section 20-7-7810;

(2)    the department for juveniles adjudicated delinquent and committed for an indeterminate period for a status offense or an offense other than an offense enumerated in item (1).

(B)    For purposes of this article, 'releasing entity' means:

(1)    the South Carolina Parole and Pardon Authority for juveniles described in subsection (A)(1);

(2)    the department for juveniles described in subsection (A)(2).

Section 20-7-8305.    (A)(1)    The Board of Juvenile Parole releasing authority shall meet monthly, and at other times as may be necessary, to review the records and progress of children juveniles committed to the custody of the Department of Juvenile Justice for the purpose of deciding the release or revocation of release of these children juveniles. The parole board releasing entity shall make periodic inspections, at least quarterly, of the records of persons committed to the custody of the Department of Juvenile Justice and may issue temporary and final discharges or release these persons conditionally and prescribe conditions for release into aftercare.

(2)(a)    It is the right of a juvenile who has not committed a violent offense, as defined by Section 16-1-60, for whom the department is the releasing entity, as provided for in Section 20-7-8303, to appear personally before the department parole board every three months for the purpose of parole consideration, but no appearance may begin until the parole board department determines that an appropriate period of time has elapsed since the juvenile's commitment.

(b)    The South Carolina Parole and Pardon Authority Board, in its discretion, may waive the quarterly review of juveniles committed to the department for the commission of a violent crime, as defined in Section 16-1-60, an offense for which the authority is the releasing entity, as provided for in Section 20-7-8303, until the juvenile reaches the minimum parole guidelines the board authority establishes for the juvenile. At that point, the board authority, in its discretion, is authorized to schedule its first review of the juvenile from three months up to twelve months after the juvenile reaches the minimum parole guidelines established by the board authority. The scheduling of subsequent reviews is in the discretion of the board authority but must occur within three to twelve months of the juvenile's last appearance.

(3)(a)    In order to allow reviews and appearances by children, the chairman of the parole board juveniles, the releasing entity may assign the members of the South Carolina Parole and Pardon Authority to meet in panels of not less than three members or department staff, as applicable, to receive progress reports and recommendations, review cases, meet with children juveniles, meet with counselors, and to hear matters and consider cases for release, parole, and parole revocation. Membership on these panels or department staff, as applicable, must be periodically rotated on a random basis by the chairman. At the meetings of the panels or of the department staff, as applicable, a unanimous vote must be considered the final decision of the parole board. A panel vote that is not unanimous must not be considered as a final decision of the parole board, and the matter must be referred to the full parole board a five-member panel, in the case of the authority, which shall determine the matter by a majority vote of its membership, and in the case of department staff, as provided for by the director of the department.

The Parole Board or panel releasing entity may conduct parole hearings by means of a two-way, closed circuit television system.

(B)    In the determination of the type of discharges or conditional releases granted, the parole board releasing entity shall consider the interests of the person involved and the interests of society and shall employ the services of and consult with the personnel of the Reception and Evaluation Center Department of Juvenile Justice. The parole board releasing entity may from time to time modify the conditions of discharges or conditional releases previously granted.

(C)(1)    The department shall develop written guidelines for the consideration of release of juveniles committed to the department for offenses for which the department is the releasing entity.

(2)    The South Carolina Parole and Pardon Authority Board, after consultation with the Department of Juvenile Justice, shall develop written guidelines for the consideration of juveniles' releases on parole release for juveniles committed to the department for offenses for which the authority is the releasing entity.

(3)    The guidelines developed pursuant to this subsection must be given to juveniles upon commitment and periodically reviewed with each juvenile to assess the progress made toward achieving release on parole.

Section 20-7-8310.    The parole board releasing entity shall permit legal representation of a juvenile who appears before it for the purpose of parole or parole revocation. The department shall allocate funds to contract with a public defender corporation or similar type legal program for legal assistance for the purpose of appearing before the parole board releasing entity for a juvenile who desires this service but who cannot either personally or through the juvenile's family afford the assistance.

Section 20-7-8315.    (A)    Juveniles released from institutions or facilities operated by the Department of Juvenile Justice, or from programs with which the department contracts, must be supervised while on parole or conditional release by employees of the department. All reports, records, or information needed by the releasing authority for these juveniles must be provided to the releasing authority by the department. Juveniles released from institutions or facilities operated by the Department of Corrections must be supervised while on parole or conditional release by employees of the Department of Probation, Parole and Pardon Services. All reports, records, or information needed by the releasing authority for these juveniles prior to their release must be provided to the authority by the Department of Corrections and subsequent to their release by the Department of Probation, Parole and Pardon Services.

(B)    The Department of Juvenile Justice is charged with the responsibility of making shall conduct aftercare investigations to determine suitable placement for children juveniles considered for conditional release from the correctional schools. The department shall also have the responsibility of supervising supervise the aftercare program, making revocation investigations, and submitting findings to the parole board releasing entity.

(B)(C)    The director directors and such staff as he directors shall designate in the performance of their duties of investigation, counseling and supervision, and revocation investigations, are considered official representatives of the parole board releasing entity.

(C)(D)    The director directors and his their staff are subject to the regulations for parole and parole revocation promulgated by the parole board releasing entity and shall meet with the parole board releasing entity at its meetings when requested. Community-based counselors, or their supervisors, with assigned clients committed to institutions of the department shall periodically visit the institutions in order to counsel their clients and accomplish the duties as outlined in this subarticle.

(D)    Recognizing the need to maintain autonomy and to provide a check and balance system, the parole board shall employ a director of parole and other staff necessary to carry out the duties of parole examinations, victim liaison, and revocation hearings. The director serves at the will and pleasure of the parole board. All staff are employees of the parole board and are directly responsible to the parole board both administratively and operationally. Funds allocated for the functions designated in this section must be incorporated as a line item within the department's budget and are subject to administrative control by the parole board.

(E)    The department shall continue to provide the budgetary, fiscal, personnel, and training information resources and other support considered necessary by the parole board to perform its mandated functions.

Section 20-7-8320.    (A)    A juvenile who shall have been conditionally released from a correctional facility shall remain under the authority of the parole board releasing entity until the expiration of the specified term imposed in the juvenile's conditional aftercare release. The specified period of conditional release may expire before but not after the twenty-first birthday of the juvenile. Each juvenile conditionally released is subject to the conditions and restrictions of the release and may at any time on the order of the parole board releasing entity be returned to the custody of a correctional institution for violation of aftercare rules or conditions of release.

(B)    As a condition of correctional release, the parole board releasing entity may enforce participation in restitution, work ordered by the court, and community service programs established or approved by the Department of Juvenile Justice.

Section 20-7-8325.    (A)    At any time during the period of conditional release, an aftercare counselor or the counselor's supervisor or a probation or parole agent may issue or cause to be issued a warrant for the juvenile to be taken into custody for violating any of the conditions of the release. A police officer or other officer with power to arrest, upon request of an aftercare counselor or a probation or parole agent, may take the juvenile into custody. The arresting officer shall obtain a warrant signed by the aftercare counselor or a probation or parole agent setting forth that the juvenile, in the counselor's judgment, violated the conditions of the release which is authority for the detention of the juvenile in an appropriate place of detention. If an aftercare release revocation is necessary, the aftercare counselor or a probation or parole agent shall submit in writing a thorough report to the parole board releasing entity, showing in what manner the delinquent child juvenile has violated the conditional release. A child juvenile returned to the custody of a correctional school by aftercare revocation shall have a hearing or review of the child's juvenile's case by the parole board releasing entity. The parole board releasing entity is the final authority to determine whether or not the child juvenile failed to abide by the aftercare rules and conditions of release.

(B)    An aftercare counselor or probation or parole agent who has successfully completed Class I or II law enforcement officer training and received a certificate from the Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23 has the power, when commissioned by the department, to take a child juvenile conditionally released from the custody of the department and subject to the jurisdiction of the Board of Juvenile Parole releasing entity into custody upon the issuance of a warrant for violating the conditions of his release.

Section 20-7-8330.    The order of revocation of a conditional release may be issued and made effective after the period of aftercare supervision prescribed in the release has expired when the violations of the conditions or release occurred during the aftercare supervision period.

Section 20-7-8335.    (A)    To be eligible for appointment as a probation counselor, an applicant must possess:

(1)    a college degree involving special training in the field of social science or its equivalent;

(2)    a personality and character as would render the applicant suitable for the functions of the office.

(B)    Probation counselors shall live in districts as determined by the director. Each counselor periodically shall visit the schools under the supervision of the Department of Juvenile Justice and become familiar with the records, background, and needs of the children juveniles and shall make periodic reports to the school.

(C)(1)    The duties of probation counselors include:

(a)    conducting an investigation of the child juvenile and the child's juvenile's home as may be required by the court;

(b)    being present in court at the hearing of cases;

(c)    furnishing to the court information and assistance as the judge may require; and

(d)    taking charge of a child juvenile before and after hearings as may be directed by the court.

(2)    During the probationary period of a child juvenile and during the time that the child juvenile may be committed to an institution or to the care of an association or person for custodial or disciplinary purposes, the child juvenile is always subject to visitation by the probation counselors or other agents of the court.

(D)    A probation counselor who has successfully completed Class I or II law enforcement officer training and received a certificate from the Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23 has the authority, when commissioned by the department, in the execution of his duties, to take a child juvenile under the jurisdiction of the family court into custody pursuant to an order issued by the court directing that the child juvenile be taken into custody.

(E)    In the performance of the duties of probation, parole, community supervision, and investigation, the probation counselor is regarded as the official representative of the court, the department, and the Juvenile Parole Board South Carolina Parole and Pardon Authority."

SECTION    4.    Section 20-7-7810(D) and (E) of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"(D)    When a child juvenile is adjudicated delinquent or convicted of a crime or has entered a plea of guilty or nolo contendere in a court authorized to commit to the custody of the Department of Juvenile Justice, the child juvenile may be committed for an indeterminate period until the child juvenile has reached age twenty-one or until sooner released by the Board of Juvenile Parole releasing entity under its discretional powers or released by order of a judge of the Supreme Court or the circuit court of this State, rendered at chambers or otherwise, in a proceeding in the nature of an application for a writ of habeas corpus. A juvenile who has not been paroled or otherwise released from the custody of the department by the juvenile's nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. If not sooner released by the Board of Juvenile Parole releasing entity, the juvenile must be released by age twenty-one according to the provisions of the child's juvenile's commitment; however, notwithstanding the above provision, any juvenile committed as an adult offender by order of the court of general sessions must be considered for parole or other release according to the laws pertaining to release of adult offenders.

(E)    A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature, who has not been paroled or released from the custody of the department by his seventeenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. A juvenile who has not been paroled or released from the custody of the department by his nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections at age nineteen. If not released sooner by the Board of Juvenile Parole releasing entity, a juvenile transferred pursuant to this subsection must be released by his twenty-first birthday according to the provisions of his commitment. Notwithstanding the above provision, a juvenile committed as an adult offender by order of the court of general sessions must be considered for parole or other release according to the laws pertaining to release of adult offenders."

SECTION    5.    Section 20-7-7815 of the 1976 Code, as added by Act 135 of 1997, is amended to read:

"(B)    When the state agency to which a juvenile is transferred determines that it is appropriate to release from commitment that juvenile, the state agency must submit a request for release to the Juvenile Parole Board releasing entity. If the Juvenile Parole Board releasing entity does not grant the request to release the juvenile, the juvenile must be placed in an environment consistent with the provisions of this section."

SECTION    6.    Section 20-7-8025 of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"Section 20-7-8025.    (A)    The Department of Juvenile Justice, when authorized by an order of a circuit judge, must, after notice to the Department of Corrections, temporarily shall transfer to the custody of the Youthful Offender Division a child juvenile who has been committed to the custody of the department who is more than seventeen years of age and whose presence in the custody of the Department of Juvenile Justice appears to be seriously detrimental to the welfare of others in custody. The Director of the Department of Corrections shall receive these children juveniles and shall properly care for them. Each child juvenile transferred to the Youthful Offender Division is subject to all the rules and discipline of the division. Children Juveniles transferred to the Youthful Offender Division pursuant to this section are under the authority of the division but are subject to release by the Board of Juvenile Parole authority.

(B)    The Youthful Offender Division at least quarterly shall recommend to the parole board authority possible release of each child juvenile transferred to the department or the child's juvenile's return to institutions of the Department of Juvenile Justice."

SECTION    7.    Subarticle 19, Article 30, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-8522.    Notwithstanding any other provision of law, records maintained in accordance with this subarticle must be provided to the South Carolina Parole and Pardon Authority by the agency having physical custody of or, supervisory responsibility for, a juvenile whenever the juvenile is being considered for release, revocation of release or for any related criminal justice purpose. In addition, the Department of Juvenile Justice must provide to the authority, upon request, an adult offender's juvenile record."

SECTION    8.    Article 1, Chapter 21, Title 24 of the 1976 Code is amended to read:

Section 24-21-10.    (A)    The Department of Probation, Parole, and Pardon Services, hereafter referred to as the 'department', is governed by the director of the department. The director must be appointed by the Governor with the advice and consent of the Senate.

(B)    The Board of Probation, Parole, and Pardon Services is composed of seven members. The terms of office of the members are for six years. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at large. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate, provided the appointment is received for confirmation on the first day of the Senate's next meeting following the vacancy. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms.

(C)    The Governor shall deliver an appointment within sixty days of the expiration of a term, if an individual is being reappointed, or within ninety days of the expiration of a term, if an individual is an initial appointee. If a board member who is being reappointed is not confirmed within sixty days of receipt of the appointment by the Senate, the appointment is considered rejected. For an initial appointee, if confirmation is not made within ninety days of receipt of the appointment by the Senate, the appointment is deemed rejected. The Senate may by resolution extend the period after which an appointment is considered rejected. If the failure of the Senate to confirm an appointee would result in the lack of a quorum of board membership, the seat for which confirmation is denied or rejected shall not be considered when determining if a quorum of board membership exists.

Section 24-21-11.    The director and members of the board shall be is subject to removal by the Governor pursuant to the provisions of Section 1-3-240.

Section 24-21-12.    The members of the board shall draw no salaries, but each member shall be entitled to such per diem as may be authorized by law for boards, commissions, and committees, plus actual and necessary expenses incurred pursuant to the discharge of official duties.

Section 24-21-13.    (A)    It is the duty of the director to oversee, manage, and control the department. The director shall develop written policies and procedures for the following:

(1)    the supervising of offenders on probation, parole, community supervision, and other offenders released from incarceration prior to the expiration of their sentence;

(2)    the consideration of paroles and pardons and the supervision of offenders in the community supervision program, and other offenders released from incarceration prior to the expiration of their sentence. The requirements for an offender's participation in the community supervision program and an offender's progress toward completing the program are to be decided administratively by the Department of Probation, Parole, and Pardon Services. No inmate or future inmate shall have a 'liberty interest' or an 'expectancy of release' while in a community supervision program administered by the department;

(3)    the operation of community-based correctional programs; and

(4)    the operation of public work sentence programs for offenders as provided in item (1) of this subsection. This program also may be utilized as an alternative to technical revocations. The director shall establish priority programs for litter control along state and county highways. This must be included in the 'public service work' program.

(B)    It is the duty of the board to consider cases for parole, pardon, and any other form of clemency provided for under law.

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 December 31, 1995, 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 South Carolina Parole and Pardon Authority shall hold regular meetings, pursuant to Section 24-14-20, 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 authority 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 be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall 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 not be considered as a decision of the board, and the matter shall be referred to the full board which shall decide it based on a vote of a majority of the membership.

(B)    The board South Carolina Parole and Pardon Authority may grant parole to an offender who commits a violent crime, as defined in Section 16-1-60 which, that is not included as a 'no parole offense', as defined in Section 24-13-100, on or after the effective date of this section December 31, 1995, by a two-thirds majority vote of the full board members of the authority serving at that hearing. The board authority may grant parole to an offender convicted of an offense which that 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 a five member panel of the authority serving at that hearing.

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 December 31, 1995, to be eligible for parole.

(C)    The board South Carolina Parole and Pardon Authority shall conduct all parole hearings in cases that relate to a single victim on the same day.

(D)    Upon the request of a victim, the board authority may allow the victim and an offender to appear simultaneously before the board authority for the purpose of providing testimony.

Section 24-21-35.    The Department of Probation, Parole and Pardon Services Board South Carolina Parole and Pardon Authority shall make its administrative recommendations available to a victim of a crime before it conducts a parole hearing for the perpetrator of the crime.

Section 24-21-40.    The board South Carolina Parole and Pardon Authority shall keep a complete record of all its proceedings and hold it subject to the order of the Governor or the General Assembly.

Section 24-21-50.    The board South Carolina Parole and Pardon Authority shall grant hearings and permit arguments and appearances by counsel or any individual before it at any such hearing while considering a case for parole, pardon, or any other form of clemency provided for under law. No inmate has a right of confrontation at the hearing.

Section 24-21-55.    The Department of Probation, Parole and Pardon Services South Carolina Parole and Pardon Authority shall receive a hearing fee under a plan approved by the Budget and Control Board.

Section 24-21-60.    Each city, county, or state official or department shall assist and cooperate to further the objectives of this chapter, Chapter 14, and Subarticle 17, Article 30, Chapter 7, Title 20. The board South Carolina Parole and Pardon Authority, the director of the department, and the probation agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The director may conduct surveys of state correctional facilities, county jails, and camps and obtain information to enable the board authority to pass intelligently upon all applications for parole. The Director of the Department of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the director and the probation agents in the surveys.

Section 24-21-70.    The Director of the Department of Corrections, when a prisoner is confined in the State Penitentiary, the sheriff of the county, when a person is confined in the county jail, and the county supervisor or chairman of the governing body of the county if there is no county supervisor, when a prisoner is confined upon a work detail of a county, must keep a record of the industry, habits, and deportment of the prisoner, as well as other information requested by the board South Carolina Parole and Pardon Authority or the director and furnish it to them upon request.

Section 24-21-80.    (A)    An adult placed on probation, parole, or community supervision shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. The regular supervision fee must be determined by the Department of Probation, Parole, and Pardon Services based upon the ability of the person to pay. The fee must be not less than twenty dollars nor more than one hundred dollars per month. The fee is due on the date of sentencing or as soon as determined by the department and each subsequent anniversary for the duration of the supervision period. The department shall remit from the fees collected an amount not to exceed the regular supervision fees collected during fiscal year 1992-93 for credit to the State General Fund. All regular supervision fees collected in excess of the fiscal year 1992-93 amount must be retained by the department, carried forward, and applied to the department's operation. The payment of the fee must be a condition of probation, parole, or community supervision, and a delinquency of two months or more in making payments may operate as a revocation.

(B)    If a probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board South Carolina Parole and Pardon Authority places a parolee under intensive supervision, or if an inmate who is participating in the Supervised Furlough Program is placed under intensive supervision, or if a person participating in a community supervision program is placed under intensive supervision, the probationer, parolee, inmate, or community supervisee is required to pay not less than ten dollars nor or more than thirty dollars each week for the duration of intensive supervision in lieu of the regular supervision fee. The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by the department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period only if the department determines that exceptional circumstances exist such that these payments work a severe hardship on the individual. Delinquencies of two months or more in payment of a reduced fee operates in the same manner as delinquencies for the full amount. The department may substitute public service employment for supervision fees when it considers the same to be in the best interest of the State and the individual.

Section 24-21-85.    Every person placed on electronic monitoring must be assessed a fee to be determined by the Department of Probation, Parole and Pardon Services in accordance with Section 24-21-80, as long as he remains in the electronic monitoring program. The payment of the fee must be a condition of supervision of any program administered by the department and a delinquency of two months or more in making payments may operate as a revocation. All fees generated by this assessment must be retained by the department to support the electronic monitoring program and carried forward for the same purpose.

Section 24-21-90.    Each supervising agent shall keep an accurate account of the money he collects pursuant to Sections 24-21-80, 24-23-210(B), and 24-23-220 and shall give a receipt to the probationer and individual under supervision for each payment. Money collected must be forwarded to the board department and deposited in the state treasury."

SECTION    9.    Article 7, Chapter 21, Title 24 of the 1976 Code, is amended to read:

Section 24-21-610.    In all cases cognizable under this chapter the Board South Carolina Parole and Pardon Authority may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, parole a prisoner convicted of a crime and imprisoned in the state penitentiary, in any jail, or upon the public works of any county who if:

(1)    sentenced for not more than thirty years, has served at least one-third of the term;

(2)    sentenced to life imprisonment or imprisonment for any period in excess of thirty years, has served at least ten years.

If after January 1, 1984, the Board authority finds that the statewide case classification system provided for in Chapter 23 of this title has been implemented, that an intensive supervision program for parolees who require more than average supervision has been implemented, that a system for the periodic review of all parole cases in order to assess the adequacy of supervisory controls and of parolee participation in rehabilitative programs has been implemented, and that a system of contracted rehabilitative services for parolees is being furnished by public and private agencies, then in all cases cognizable under this chapter the Board authority may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, to the victim or victims, if any, of the crime, and to the sheriff of the county where the prisoner resides or will reside, parole a prisoner who if sentenced for a violent crime, as defined in Section 16-1-60, has served at least one-third of the term or the mandatory minimum portion of sentence, whichever is longer. For any other crime the prisoner shall have served at least one-fourth of the term of a sentence or if sentenced to life imprisonment or imprisonment for any period in excess of forty years, has served at least ten years.

The provisions of this section do not affect the parole ineligibility provisions for murder, armed robbery, and drug trafficking as set forth, respectively, in Sections 16-3-20 and 16-11-330, and subsection (e) of Section 44-53-370.

In computing parole eligibility, no deduction of time may be allowed in any case for good behavior, but after June 30, 1981, there must be deductions of time in all cases for earned work credits, notwithstanding the provisions of Sections 16-3-20, 16-11-330, and 24-13-230.

Notwithstanding the provisions of this section, the Board authority may parole any prisoner not sooner than one year prior to the prescribed date of parole eligibility when, based on medical information furnished to it, the Board authority determines that the physical condition of the prisoner concerned is so serious that he would not be reasonably expected to live for more than one year. Notwithstanding any other provision of this section or of law, no prisoner who has served a total of ten consecutive years or more in prison may be paroled until the Board authority has first received a report as to his mental condition and his ability to adjust to life outside the prison from a duly qualified psychiatrist or psychologist.

Section 24-21-615.    The board South Carolina Parole and Pardon Authority may not review the case of a prisoner convicted of a capital offense for the purpose of determining whether the person is entitled to any of the benefits provided in this chapter during the month of December of each year.

Section 24-21-620.    Within the ninety-day period preceding a prisoner having served one-fourth of his sentence, the board South Carolina Parole and Pardon Authority, either acting in a three-member panel or meeting as a full board five member panel, shall review the case, regardless of whether or not any application has been made therefor for review, for the purpose of determining whether or not such prisoner is entitled to any of the benefits provided for in this chapter;. provided, that in cases of prisoners in confinement due to convictions for nonviolent crimes, an administrative hearing officer may be appointed by the director to review the case who must submit to the full board written findings of fact and recommendations which shall be the basis for a determination by the board. Upon an affirmative determination, the prisoner must be granted a provisional parole or parole. Upon a negative determination, the prisoner's case shall must be reviewed every twelve months thereafter for the purpose of such determination.

Section 24-21-630.    For the purpose of determining the time required to be served by a prisoner before he shall be is eligible to be considered for parole, notwithstanding any other provision of law, all prisoners shall must be given benefit for time served in prison in excess of three months while awaiting trial or between trials.

Section 24-21-635.    For the purpose of determining the time required to be served by a prisoner before he shall be is eligible to be considered for parole, notwithstanding any other provision of law, all prisoners shall be given benefit of earned work credits awarded pursuant to Section 24-13-230.

Section 24-21-640.    (A)    The board South Carolina Parole and Pardon Authority must carefully consider the record of the prisoner before, during, and after imprisonment, and no such prisoner may be paroled until it appears to the satisfaction of the board: authority that the prisoner:

(1)    has shown a disposition to reform; that,

(2)    in the future he will probably obey the law and lead a correct life; that

(3)    by his conduct he has merited a lessening of the rigors of his imprisonment; that the interest of society will not be impaired thereby; and, that suitable employment has been secured for him.

(B)    The board must authority shall establish written, specific criteria for the granting of parole and provisional parole. This criteria must reflect all of the aspects of this section and include a review of a prisoner's disciplinary and other records. The criteria must be made available to all prisoners at the time of their incarceration and to the general public.

(C)    The paroled prisoner must shall, as often as may be required, render a written report to the board authority giving that information as may be required by the board authority, which must be confirmed by the person in whose employment the prisoner may be is at the time.

(D)    The board authority must not grant parole nor is and parole is not authorized to for any prisoner serving a sentence for a second or subsequent conviction, following a separate sentencing for a prior conviction, for violent crimes, as defined in Section 16-1-60. Provided that However, where more than one included offense shall be is committed within a one-day period or pursuant to one continuous course of conduct, such these multiple offenses must be treated for purposes of this section as one offense.

(E)    Any part or all of a prisoner's in-prison disciplinary records and, with the prisoner's consent, records involving all awards, honors, earned work credits, and educational credits, are subject to the Freedom of Information Act as contained in Chapter 4 of Title 30.

Section 24-21-645.    The board South Carolina Parole and Pardon Authority may issue an order authorizing the parole which must be signed either by a majority of its members a five member panel or by all three members meeting as a parole panel on the case ninety days prior to the effective date of the parole; however, at least two-thirds of the members of the board must a five-member panel shall authorize and sign orders authorizing parole for persons convicted of a violent crime, as defined in Section 16-1-60. A provisional parole order shall must include the terms and conditions, if any, to be met by the prisoner during the provisional period and terms and conditions, if any, to be met upon parole. Upon satisfactory completion of the provisional period, the director chairman of the authority or one lawfully acting for him must shall issue an order which that, if accepted by the prisoner, shall provide provides for his release from custody. However, upon a negative determination of parole, prisoners in confinement for a violent crime, as defined in Section 16-1-60, must have their cases reviewed every two years for the purpose of a determination of parole, except that prisoners who are eligible for parole pursuant to Section 16-25-90, and who are subsequently denied parole must have their cases reviewed every twelve months for the purpose of a determination of parole. This section applies retroactively to a prisoner who has had a parole hearing pursuant to Section 16-25-90 prior to the effective date of this act before June 15, 1997.

Section 24-21-650.    The board South Carolina Parole and Pardon Authority shall issue an order authorizing the parole which must be signed by at least a majority of its members a five-member panel with terms and conditions, if any, but at least two-thirds of the members of the board must a five-member panel shall sign orders authorizing parole for persons convicted of a violent crime, as defined in Section 16-1-60. The director chairman of the authority, or one lawfully acting for him, then must shall issue a the parole order which that, if accepted by the prisoner, provides for his release from custody. Upon a negative determination of parole, prisoners in confinement for a violent crime, as defined in Section 16-1-60, must have their cases reviewed every two years for the purpose of a determination of parole.

Section 24-21-660.    Any A prisoner who has been paroled is subject during the remainder of his original term of imprisonment, up to the maximum, to the conditions and restrictions imposed in the order of parole or by law imposed. Every such paroled prisoner must remain in the jurisdiction of the board South Carolina Parole and Pardon Authority and may at any time on the order of the board authority, be imprisoned as and where therein designated.

Section 24-21-670.    Any A prisoner who may be paroled under authority of this chapter shall continue on parole until the expiration of the maximum term or terms specified in his sentence without deduction of such an allowance for good conduct as may be provided for by law.

Section 24-21-680.    Upon failure of any a prisoner released on parole under the provisions of this chapter to do or refrain from doing any of the things set forth and required to be done by and under the terms of his parole, the parole agent must issue a warrant or citation charging the violation of parole, and a final determination must be made by the board South Carolina Parole and Pardon Authority as to whether the prisoner's parole should be revoked and whether he should be required to serve any part of the remaining unserved sentence. But such prisoner must be eligible to parole thereafter when and if the board authority thinks such parole would be proper. The board shall authority must be the sole judge as to whether or not a parole has been violated and no appeal therefrom shall be of this decision is allowed;. provided, that any However, a person arrested for violation of terms of parole may be released on bond, for good cause shown, pending final determination of the violation by the Probation, Parole and Pardon Board authority. No bond shall be A bond must not be granted except by the presiding or resident judge of the circuit wherein in which the prisoner is arrested, or, if there be is no judge within such that circuit, by the judge, presiding or resident, in an adjacent circuit, and the judge granting the bond shall determine the amount thereof of the bond.

Section 24-21-690.    Any A person who shall have served the term for which he has been sentenced less deductions allowed therefrom for good conduct shall, upon release, must be treated as if he had served the entire term for which he was sentenced.

Section 24-21-700.    Any A prisoner who is otherwise eligible for parole under the provisions of this article, except that his mental condition is deemed by the Probation, Pardon and Parole Board South Carolina Parole and Pardon Authority to be such that he should not be released from confinement may, subject to approval by the Veterans Administration, be released to the custody of the Veterans Administration or to a committee appointed to commit such the prisoner to a Veterans Administration Hospital. Such a This special parole shall may be granted in the sole discretion of the Board authority and, when so paroled, a prisoner shall must be transferred directly from his place of confinement to a Veterans Administration Hospital which that provides psychiatric care. When any a prisoner paroled for psychiatric treatment is determined to be in a suitable condition to be released, he shall must not be returned to penal custody except for a subsequent violation of the conditions of his parole.

Section 24-21-710.    (A)    Film, videotape, or other electronic information that is both visual and aural, submitted pursuant to this section, must be considered by the Board of Probation, Parole, and Pardon Services South Carolina Parole and Pardon Authority in making its determination of parole.

(B)    Upon receipt of the notice required by law, the following people may submit electronic information:

(1)    the victim of the crime for which the prisoner has been sentenced;

(2)    the prosecuting solicitor's office; and

(3)    the person whose parole is being considered.

(C)    The person submitting the electronic information shall provide the Board of Probation, Parole, and Pardon Services authority with the following:

(1)    identification of each voice heard and each person seen;

(2)    a visual or aural statement of the date the information was recorded; and

(3)    the name of the person whose parole eligibility is being considered.

(D)    If the film, videotape, or other electronic information is retained by the board authority, it may be submitted at subsequent parole hearings each time that the submitting person provides a written statement declaring that the information represents the present position of the person who is submitting the information.

(E)    The Department of Corrections may install, maintain, and operate a two-way closed circuit television system in one or more correctional institutions of the department that confines persons eligible for parole. The Board of Probation, Parole and Pardon Services authority shall install, maintain, and operate closed circuit television systems at locations determined by the board authority and conduct parole hearings by means of a two-way closed circuit television system provided in this section. A victim of a crime must be allowed access to this system to appear before the board authority during a parole hearing.

(F)    Nothing in this section shall may be construed to prohibit submission of information in other forms as provided by law.

(G)    The director of the Department of Probation, Parole, and Pardon Services authority may develop written policies and procedures for parole hearings to be held pursuant to this section.

(H)    The Board of Probation, Parole, and Pardon Services authority is not required to install, maintain, or operate film, videotape, or other electronic equipment to record a victim's testimony to be presented to the board authority."

SECTION    10.    Article 11, Chapter 21, Title 24 of the 1976 Code is amended to read:

Section 24-21-910.    The Probation, Parole, and Pardon Services Board South Carolina Parole and Pardon Authority shall consider all petitions for reprieves or the commutation of a sentence of death to life imprisonment which that may be referred to it the authority by the Governor and shall make its recommendations to the Governor regarding the petitions. The Governor may or may not adopt the recommendations but in case he does not he shall submit his reasons for not doing so to the General Assembly. The Governor may act on any petition without reference to the board authority.

Section 24-21-920.    In all other cases than those referred to in Section 24-21-910 the right of granting clemency shall be is vested in the Board South Carolina Parole and Pardon Authority.

Section 24-21-930.    An order of pardon must be signed by at least two-thirds of the members of the board a five-member panel of the authority. Upon the issue of the order by the board authority, the director chairman of the authority, or one lawfully acting for him, must shall issue a pardon order which that provides for the restoration of the pardon applicant's civil rights.

Section 24-21-940.    (A.)    'Pardon' means that an individual is fully pardoned from all the legal consequences of his crime and of his conviction, direct and collateral, including the punishment, whether of imprisonment, pecuniary penalty, or whatever else the law has provided.

(B.)    'Successful completion of supervision' as used in this article shall mean means free of conviction of any type other than minor traffic offenses.

Section 24-21-950.    (A)    The following guidelines must be utilized by the board South Carolina Parole and Pardon Authority when determining when an individual is eligible for pardon consideration.:

(1)    Probationers must be considered upon the request of the individual anytime after discharge from supervision.

(2)    Persons discharged from a sentence without benefit of parole must be considered upon the request of the individual anytime after the date of discharge.

(3)    Parolees must be considered for a pardon upon the request of the individual anytime after the successful completion of five years under supervision. Parolees successfully completing the maximum parole period, if less than five years, must be considered for pardon upon the request of the individual anytime after the date of discharge.

(4)    An inmate must be considered for pardon before a parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.

(5)    The victim of a crime or a member of a convicted person's family living within this State may petition for a pardon for a person who has completed supervision or has been discharged from a sentence.

(B)    Persons discharged from a sentence without benefit of supervision must be considered upon the request of the individual anytime after the date of discharge.

Section 24-21-960.    (A)    Each pardon application must be accompanied with a pardon application fee of fifty dollars. The pardon application fee must be retained and applied by the department South Carolina Parole and Pardon Authority towards the pardon process.

(B)    Any An individual who has an application for pardon considered but denied, must wait one year two years from the date of denial before filing another pardon application and fee.

Section 24-21-970.    Consideration shall must be given to any an inmate afflicted with a terminal illness where life expectancy is one year or less.

Section 24-21-980.    Once delivered, a pardon cannot be revoked unless it was obtained through fraud. If a pardon is obtained through fraud, it is void.

Section 24-21-990.    A pardon shall fully restore all civil rights lost as a result of a conviction, which shall include the right to:

(1)    register to vote;

(2)    vote;

(3)    serve on a jury;

(4)    hold public office, except as provided in Section 16-13-210;

(5)    testify without having the fact of his conviction introduced for impeachment purposes to the extent provided by Rule 609(c) of the South Carolina Rules of Evidence;

(6)    not have his testimony excluded in a legal proceeding if convicted of perjury; and

(7)    be licensed for any occupation requiring a license.

Section 24-21-1000.    For those applicants to be granted a pardon, a certificate of pardon shall must be issued by the Board South Carolina Parole and Pardon Authority stating that the individual is absolved from all legal consequences of his crime and conviction, and that all of his civil rights are restored."

SECTION    11.    Section 24-13-1520(2) of the 1976 Code, as last amended by Act 508 of 1994, is further amended to read:

"(2)    'Court' means a circuit, family, magistrate's, or municipal court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services, the Board of Juvenile Parole South Carolina Parole and Pardon Authority, and the Department of Corrections."

SECTION    12.    Section 24-21-220 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-21-220.    The director is vested with the exclusive management and control of the department and is responsible for the management of the department and for the proper care, treatment, supervision, and management of offenders under its control. The director shall manage and control the department and it is the duty of the director to carry out the policies of the department. The director is responsible for scheduling board meetings, assuring that the proper cases and investigations are prepared for the board, maintaining the board's official records, and performing other administrative duties relating to the board's activities. The director must shall employ within his office such personnel as may be necessary to carry out his duties and responsibilities including the functions of probation, parole, and community supervision, community-based programs, financial management, research and planning, staff development and training, and internal audit. The director shall make annual written reports to the board authority, the Governor, and the General Assembly providing statistical and other information pertinent to the department's activities."

SECTION    13.    Section 24-21-221 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 24-21-221.    The director must South Carolina Parole and Pardon Authority shall give a thirty-day written notice to the following persons of any board hearing during which the board a panel of the authority will consider parole for a prisoner to the following persons:

(1)    any victim of the crime who suffered damage to his person as a result thereof of the crime or if such the victim is deceased, to members of his the victim's immediate family to the extent practicable;

(2)    the solicitor who prosecuted the prisoner or his the solicitor's successor in the jurisdiction in which the crime was prosecuted; and

(3)    the law enforcement agency that was responsible for the arrest of the prisoner concerned."

SECTION    14.    Section 24-21-280(B) of the 1976 Code, as last Amended by Act 396 of 2000, is further amended to read:

"(B)    A probation agent has, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and, to the extent necessary, the same right to execute process given by law to sheriffs. A probation agent has the power and authority to enforce the criminal laws of the State. In the performance of his duties of probation, parole, community supervision, and investigation, he is regarded as the official representative of the court, the department, and the board South Carolina Parole and Pardon Authority."

SECTION    15.    Section 24-21-300 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-21-300.    At any time during a period of supervision, a probation agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or community supervision releasee, or a person released or furloughed under the Offender Management Systems Act, in the agent's judgment, violates has violated the conditions of his release or suspended sentence. The citation must be directed to the probationer, the parolee, the community supervision releasee, or the person released or furloughed, and must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the person's rights and contain a statement that a hearing will be held in his absence if he fails to appear and that he may be imprisoned as a result of his absence. The citation may be served by a law enforcement officer upon the request of a probation agent. A certificate of service is sufficient proof of service. The issuance of a citation or warrant during the period of supervision gives jurisdiction to the court and the board South Carolina Parole and Pardon Authority at any hearing on the violation."

SECTION    16.    Section 24-21-480 of the 1976 Code, as last amended by Act 134 of 1991, is further amended to read:

"Section 24-21-480.    The judge may suspend a sentence for a defendant convicted of a nonviolent offense, as defined in Section 16-1-70, for which imprisonment of more than ninety days may be imposed, or as a revocation of probation, and may place the offender in a restitution center as a condition of probation. The board South Carolina Parole and Pardon Authority may place a prisoner in a restitution center as a condition of parole. The department, on the first day of each month, shall present to the general sessions court a report detailing the availability of bed space in the restitution center program. The restitution center is a program under the jurisdiction of the department.

The offender must have paid employment and/or or be required to perform public service employment up to a total of fifty hours per week or both.

The offender must shall deliver his salary to the restitution center staff who must shall distribute it in the following manner:

(1)    restitution to the victim or payment to the account established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, as ordered by the court;

(2)    payment of child support or alimony or other sums as ordered by a court;

(3)    payment of any fines or court fees due;

(4)    payment of six dollars and fifty cents per day for housing and food. This payment is in lieu of supervision fees while in the restitution center. This fee must be deposited by the department with the State Treasurer for credit to the same account as funds collected under Sections 14-1-210 through 14-1-230;

(5)    payment of any costs incurred while in the restitution center;

(6)    if available, fifteen dollars per week for personal items.;

(7)    the remainder must be deposited and given to the offender upon his discharge.

The offender must be in the restitution center for not more than six months, nor and not less than three months; provided, however, in those cases where the maximum term is less than one year, the offender must be in the restitution center for not more than ninety days nor and not less than forty-five days.

Upon release from the restitution center, the offender must be placed on probation for a term as ordered by the court.

Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence.

No A person must not be made ineligible for this program by reason of gender."

SECTION    17.    Section 24-21-540 of the 1976 Code, as last amended by Section 24A, Part II, Act 164 of 1993, is further amended to read:

"The department shall develop and operate Community Control Centers for higher risk offenders, if the General Assembly appropriates funds to operate the centers. If the department has recommended the placement, offenders may be placed in a center for not less than thirty days nor and not more than six months by a judge as a condition of probation or as an alternative to probation revocation, or by the board South Carolina Parole and Pardon Authority as a condition of parole or as an alternative to parole revocation. An offender may not be placed in the center for more than six months on the same crime. There must not be consecutive sentencing to a Community Control Center."

SECTION    18.    Section 24-22-30(g) of the 1976 Code, as added by Act 461 of 1992, is amended to read:

"(g)    satisfy any other criteria established by the South Carolina Department of Corrections and the State Board of Probation, Parole and Pardon Services South Carolina Parole and Pardon Authority."

SECTION    19.    Section 24-22-40 of the 1976 Code, as added by Act 461 of 1992 is further amended to read:

"Section 24-22-40.    The South Carolina Department of Probation, Parole and Pardon Services, in cooperation with the South Carolina Department of Corrections shall develop and establish policies, procedures, guidelines, and cooperative agreements for the implementation of an adult criminal offender management system which that permits carefully screened and selected male offenders and female offenders to be enrolled in the criminal offender management system.

After review by and approval of three members of the Board of Probation, Parole and Pardon Services South Carolina Parole and Pardon Authority designated by the Governor, the board authority shall enroll qualified offenders monthly into the offender management system to prevent the prison system population from exceeding one hundred percent of capacity at high count. No An offender shall must not be issued an offender management system certificate and released from prison if the release of the offender will reduce the prison system population below ninety-five percent of capacity at high count.

If the Governor at any time during periods when the offender management system is in operation, determines that an insufficient number of inmates are being enrolled into the system to keep the prison system population below one hundred percent of capacity of high count or if the Governor determines that the number of inmates released has reached a level that could endanger the public welfare and safety of the State, he the Governor may issue an Executive Order requiring the South Carolina Department of Probation, Parole and Pardon Services and the South Carolina Department of Corrections to enroll a specified number of qualified prisoners per month for a specified number of months or require the department to cease and desist in the release of the inmates accordingly."

SECTION    20.    Section 24-23-30(3) and (4) of the 1976 Code, as amended by Act 83 of 1995, is further amended to read:

"(3)    a contract rehabilitation services program whereby private and public agencies, such as including, but not limited to, the Department of Vocational Rehabilitation, the Department of Mental Health, and the various county commissions on alcohol and drug abuse, provide diagnostic and rehabilitative services to offenders who are under the board's South Carolina Parole and Pardon Authority's jurisdiction;

(4)    community-based residential programs whereby public and private agencies, as well as the board Department of Probation, Parole, and Pardon Services, establish and operate halfway houses for those offenders who cannot perform satisfactorily on probation, parole, or community supervision;"

SECTION    21.    Section 44-48-30(5) of the 1976 Code, as amended by Act 176 of 2004, is further amended to read:

(5)    'Agency with jurisdiction' means that agency which that, upon lawful order or authority, releases a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole and Pardon Services, the Board of Probation, Parole and Pardon Services South Carolina Parole and Pardon Authority, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Mental Health.

SECTION    22.    Section 44-48-40(B) of the 1976 Code, as last amended by Act 176 of 2004, is further amended to read:

"(B)    When a person has been convicted of a sexually violent offense and the Board of Probation, Parole and Pardon Services or the Board of Juvenile Parole South Carolina Parole and Pardon Authority intends to grant the person a parole or the South Carolina Department of Corrections or the Board of Juvenile Parole authority intends to grant the person a conditional release, the parole or the conditional release must be granted to be effective ninety days after the date of the order of parole or conditional release. The Board of Probation, South Carolina Parole and Pardon Authority Services, the Juvenile Parole Board, or the South Carolina Department of Corrections must immediately send notice of the parole or conditional release of the person to the multidisciplinary team, the victim, and the Attorney General. If the person is determined to be a sexually violent predator pursuant to this chapter, the person is subject to the provisions of this chapter even though the person has been released on parole or conditional release."

SECTION    23.    Section 24-21-560(D) of the 1976 Code is amended to read:

"(D)    If a prisoner's community supervision is revoked by the court and the court imposes a period of incarceration for the revocation, the prisoner also must complete a community supervision program of up to two years as determined by the department pursuant to subsection (B) when he is released from incarceration.

A prisoner who is sentenced for successive revocations of the community supervision program may be required to serve terms of incarceration for successive revocations, as provided in Section 24-21-560(C), and may be required to serve additional periods of community supervision for successive revocations, as provided in Section 24-21-560(D). The maximum aggregate amount of time the prisoner may be required to serve when sentenced for successive revocations may not exceed an amount of time equal to the length of incarceration imposed for the original "no parole offense". The original term of incarceration does not include any portion of a suspended sentence.

If a prisoner's community supervision is revoked due to a conviction for another offense, the prisoner must complete a community supervision program of up to two continuous years as determined by the department after the prisoner has completed the service of the sentence for the community supervision revocation and any other term of imprisonment which may have been imposed for the criminal offense, except when the subsequent sentence is death or life imprisonment The maximum aggregate amount of time a prisoner may be required to serve when sentenced for successive revocations may not exceed an amount of time equal to the length of incarceration imposed limited by the amount of time remaining on the original 'no parole offense'. The prisoner must not serve longer than the original sentence."

SECTION    24.    Subarticle 5, Article 30, Chapter 7, Title 20 of the 1976 Code is repealed March 31, 2006.

SECTION    25.    The members of the South Carolina Parole and Pardon Authority, established pursuant to Section 24-14-10 of the 1976 Code, as added by Section 1 of this act, must be appointed and qualified to serve by March 31, 2006, at which time the terms of the members of this board commence, and the Board of Juvenile Parole and the Board of Probation, Parole, and Pardon Services are abolished March 31, 2006. Of the original appointees to the South Carolina Parole and Pardon Authority, three members shall serve initial terms of three years, three shall serve initial terms of two years, and three shall serve initial terms of one year, all of which must be determined by lot at the convening of the first meeting of the authority.

SECTION    26.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    27.    This act takes effect upon approval by the Governor unless otherwise provided for in this act./

Renumber sections to conform.

Amend title to conform.

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 14, TITLE 24 SO AS TO CREATE THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY, TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES, INCLUDING TO PROVIDE THAT DECISIONS OF THE BOARD MUST BE RENDERED BY FIVE-MEMBER PANELS AND TO PROVIDE EXCEPTIONS; TO AMEND SECTION 1-3-240, AS AMENDED, RELATING TO REMOVAL OF GUBERNATORIAL APPOINTEES FROM OFFICE, SO AS TO CONFORM THIS SECTION TO THE PROVISIONS OF THIS ACT; TO AMEND SUBARTICLE 17, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO JUVENILE PAROLE AND AFTER CARE, SO AS TO PROVIDE THAT THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY SHALL DETERMINE THE RELEASE OF JUVENILE OFFENDERS WHO HAVE COMMITTED CLASS A, B, C, AND D FELONIES AND OTHER ENUMERATED OFFENSES, TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE SHALL DETERMINE THE RELEASE OF JUVENILES WHO HAVE COMMITTED STATUS OFFENSES, AND OTHER OFFENSES NOT UNDER THE PURVIEW OF THE SOUTH CAROLINA PARDON AND PAROLE AUTHORITY, AND TO TRANSFER THE REMAINING POWERS AND DUTIES OF THE JUVENILE PAROLE BOARD TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY; TO AMEND SECTIONS 20-7-6910 AND 20-7-7810 AND 20-7-7815, BOTH AS AMENDED, AND 20-7-8025, ALL RELATING TO PROVISIONS CONTAINING REFERENCES TO THE JUVENILE PAROLE BOARD, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; TO ADD SECTION 20-7-8522 SO AS TO PROVIDE THAT JUVENILE RECORDS MUST BE PROVIDED TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY FOR CONSIDERATION OF RELEASE FOR AN ADULT OFFENDER WHO HAD A JUVENILE RECORD; TO AMEND ARTICLE 1, CHAPTER 21, TITLE 24, RELATING TO THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO TRANSFER THE POWERS AND DUTIES OF THIS BOARD TO THE SOUTH CAROLINA PAROLE AND PARDON AUTHORITY; TO AMEND ARTICLES 7 AND 11 OF CHAPTER 21, TITLE 24, RELATING TO PROCEDURES AND REQUIREMENTS FOR PAROLE AND PARDON, SO AS TO CONFORM PROVISIONS IN THESE ARTICLES TO THE PROVISION OF THIS ACT; TO AMEND SECTIONS 24-13-1520, 24-21-220, 24-21-221, 24-21-280, 24-21-300, 24-21-480, 24-21-540, ALL AS AMENDED, SECTIONS 24-22-30, 24-22-40, AND 24-23-30, ALL RELATING TO VARIOUS PROVISIONS CONCERNING THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; TO AMEND SECTIONS 44-48-30, 44-48-40, AND 44-48-50, ALL AS AMENDED, AND ALL RELATING TO PROVISIONS CONTAINING REFERENCES TO THE JUVENILE PAROLE BOARD AND THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO CONFORM THESE PROVISIONS TO THE PROVISIONS OF THIS ACT; AND TO REPEAL SUBARTICLE 5, ARTICLE 30, CHAPTER 7, TITLE 20, RELATING TO THE JUVENILE PAROLE BOARD.

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

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

Section 24-14-10.    (A)    There is created the South Carolina Parole and Pardon Authority composed of nine members; three of whom must be appointed by the Governor; three of whom must be appointed by the President of the Senate, upon confirmation by the Senate; and three of whom must be appointed by the Speaker of the House of Representatives, upon confirmation by the House of Representatives. The Director of the Department of Juvenile Justice and the Director of the Department of Probation, Parole, and Pardon Services, or their designees, shall serve ex officio as nonvoting members of the authority for matters concerning their respective offenders only.

(B)    Members of the authority shall serve terms of six years and until their successors are appointed and qualify. Members may serve no more than two consecutive full terms.

(C)    Members may not be compensated for service on the authority but are entitled to receive mileage, per diem, and subsistence as provided by law for members of state boards, committees, and commissions and actual and necessary expenses incurred pursuant to the discharge of official duties.

(D)    The authority shall elect from among its members a chairman who shall serve a one year term and who may serve only two consecutive terms as chairman. The authority may adopt rules and procedures for governance of its operations, and the chairman shall fix a time and place of meetings.

(E)    Members may be removed by their respective appointing authorities pursuant to Section 1-3-240(C), mutatis mutandis.

Section 24-14-15.    (A)    The South Carolina Pardon and Parole Authority shall hear and determine cases for parole and pardon, and any other form of clemency provided for by law, of:

(1)    juveniles in the custody of the Department of Juvenile Justice adjudicated delinquent for class A, B, C, and D felonies, assault and battery of a high and aggravated nature, criminal sexual conduct in the third degree, assault with intent to commit criminal sexual conduct in the third degree, stalking, as defined in Section 16-3-1730(B), and violation of probation for Class A, B, C, and D felonies and of juveniles committed three or more times to the Department of Juvenile Justice; and

(2)    all other offenders, including youthful offenders, in penal or correctional institutions in this State.

(B)    Notwithstanding subsection (A) or any other provision of law, the Governor has the authority to veto any pardon.

Section 24-14-20.    (A)    Except as otherwise provided for in this chapter parole and pardon hearings must be conducted by the chairman of the authority, or his designee, with five members of the authority assigned to each hearing on a random, rotating basis, and the Director of the Department of Juvenile Justice or the Director of the Department of Probation, Parole, and Pardon Services, or their designees, must be in attendance as provided for in Section 24-14-10(A).

(B)    Individual votes of members of the authority are confidential and not subject to disclosure to the public; however, the cumulative votes of each member of the authority must be compiled by categories of offenses established by the authority including, but not limited to, violent and nonviolent offenses, and this information must be available to the public in accordance with the Freedom of Information Act.

(C)    Members of the authority shall refrain from ex parte communication of a substantive nature prior to conducting a hearing on a case.

Section 24-14-30.    (A)    Recognizing the need to maintain autonomy and to provide a check and balance system, the South Carolina Parole and Pardon Authority shall employ an executive director of parole who is responsible for scheduling parole hearing and other meetings, ensuring that investigations have been conducted and that proper cases are prepared for the authority, maintaining the authority's official records, and performing other administrative duties relating to the authority's activities. The executive director shall employ parole examiners, revocation hearing officers, and other staff necessary to carry out the functions of the authority. All staff are employees of the authority and are directly responsible to the authority administratively and operationally, and all staff serve at the will and the pleasure of the authority.

(B)    Funds allocated for the functions designated in this section must be incorporated as a line item within the Department of Probation, Parole and Pardon Services' budget and are subject to administrative control by the authority. However, the Department of Probation, Parole and Pardon Services shall provide the budgetary, fiscal, personnel, and training information resources and other support necessary for the authority to perform its mandated functions.

SECTION 2.    Section 1-3-240(C) of the 1976 Code, as last amended by Act 175 of 2004, is further amended to read:

"(C)    Persons appointed to the following offices of the State by the Governor may be removed by the Governor for malfeasance, misfeasance, incompetency, absenteeism, conflicts of interest, misconduct, persistent neglect of duty in office, or incapacity:

(1)    Workers' Compensation Commission;

(2)    Commission of the Department of Revenue;

(3)    Ethics Commission;

(4)    Election Commission;

(5)    Professional and Occupational Licensing Boards;

(6)    Juvenile South Carolina Parole and Pardon Authority Board;

(7)    Probation, Parole and Pardon Board; RESERVED

(8)    Director of the Department of Public Safety;

(9)    Board of the Department of Health and Environmental Control, excepting the Chairman;

(10)    Chief of State Law Enforcement Division;

(11)    South Carolina Lottery Commission; and

(12)    Executive Director of the Office of Regulatory Staff.

Upon the expiration of an officeholder's term, the individual may continue to serve until a successor has been appointed and qualifies."

SECTION    3.    Subarticle 17, Article 30, Chapter 7, Title 20 of the 1976 Code is amended to read:

Section 20-7-8303.    (A)    The release and revocation of release of juveniles adjudicated delinquent and committed to the department must be determined by:

(1)    the South Carolina Parole and Pardon Authority, established pursuant to Section 24-14-10, for juveniles adjudicated delinquent and committed for an indeterminate period for a Class A, B, C, or D felony, assault and battery of a high and aggravated nature, criminal sexual conduct in the third degree, assault with intent to commit criminal sexual conduct in the third degree, and stalking, as defined in Section 16-3-1730(B), for juveniles who have violated probation for any of the offenses enumerated in this item, and for juveniles adjudicated delinquent and committed three or more times to the Department of Juvenile Justice ;

(2)    the department for juveniles adjudicated delinquent and committed for an indeterminate period for a status offense or an offense other than an offense enumerated in item (1).

(B)    For purposes of this article, 'releasing entity' means:

(1)    the South Carolina Parole and Pardon Authority for juveniles described in subsection (A)(1);

(2)    the department for juveniles described in subsection (A)(2).

Section 20-7-8305.    (A)(1)    The Board of Juvenile Parole releasing authority shall meet monthly, and at other times as may be necessary, to review the records and progress of children juveniles committed to the custody of the Department of Juvenile Justice for the purpose of deciding the release or revocation of release of these children juveniles. The parole board releasing entity shall make periodic inspections, at least quarterly, of the records of persons committed to the custody of the Department of Juvenile Justice and may issue temporary and final discharges or release these persons conditionally and prescribe conditions for release into aftercare.

(2)(a)    It is the right of a juvenile who has not committed a violent offense, as defined by Section 16-1-60, for whom the department is the releasing entity, as provided for in Section 20-7-8303, to appear personally before the department parole board every three months for the purpose of parole consideration, but no appearance may begin until the parole board department determines that an appropriate period of time has elapsed since the juvenile's commitment.

(b)    The South Carolina Parole and Pardon Authority Board, in its discretion, may waive the quarterly review of juveniles committed to the department for the commission of a violent crime, as defined in Section 16-1-60, an offense for which the authority is the releasing entity, as provided for in Section 20-7-8303, until the juvenile reaches the minimum parole guidelines the board authority establishes for the juvenile. At that point, the board authority, in its discretion, is authorized to schedule its first review of the juvenile from three months up to twelve months after the juvenile reaches the minimum parole guidelines established by the board authority. The scheduling of subsequent reviews is in the discretion of the board authority but must occur within three to twelve months of the juvenile's last appearance.

(3)(a)    In order to allow reviews and appearances by children, the chairman of the parole board juveniles, the releasing entity may assign the members of the South Carolina Parole and Pardon Authority to meet in panels of not less than three members or department staff, as applicable, to receive progress reports and recommendations, review cases, meet with children juveniles, meet with counselors, and to hear matters and consider cases for release, parole, and parole revocation. Membership on these panels or department staff, as applicable, must be periodically rotated on a random basis by the chairman. At the meetings of the panels or of the department staff, as applicable, a unanimous vote must be considered the final decision of the parole board. A panel vote that is not unanimous must not be considered as a final decision of the parole board, and the matter must be referred to the full parole board a five-member panel, in the case of the authority, which shall determine the matter by a majority vote of its membership, and in the case of department staff, as provided for by the director of the department.

The Parole Board or panel releasing entity may conduct parole hearings by means of a two-way, closed circuit television system.

(B)    In the determination of the type of discharges or conditional releases granted, the parole board releasing entity shall consider the interests of the person involved and the interests of society and shall employ the services of and consult with the personnel of the Reception and Evaluation Center. The parole board releasing entity may from time to time modify the conditions of discharges or conditional releases previously granted.

(C)(1)    The department shall develop written guidelines for the consideration of release of juveniles committed to the department for offenses for which the department is the releasing entity.

(2)    The South Carolina Parole and Pardon Authority Board shall develop written guidelines for the consideration of juveniles' releases on parole release for juveniles committed to the department for offenses for which the authority is the releasing entity.

(3)    The guidelines developed pursuant to this subsection must be given to juveniles upon commitment and periodically reviewed with each juvenile to assess the progress made toward achieving release on parole.

Section 20-7-8310.    The parole board releasing entity shall permit legal representation of a juvenile who appears before it for the purpose of parole or parole revocation. The department shall allocate funds to contract with a public defender corporation or similar type legal program for legal assistance for the purpose of appearing before the parole board releasing entity for a juvenile who desires this service but who cannot either personally or through the juvenile's family afford the assistance.

Section 20-7-8315.    (A)    Juveniles released from institutions or facilities operated by the Department of Juvenile Justice, or from programs with which the department contracts, must be supervised while on parole or conditional release by employees of the department. All reports, records, or information needed by the releasing authority for these juveniles must be provided to the releasing authority by the department. Juveniles released from institutions or facilities operated by the Department of Corrections must be supervised while on parole or conditional release by employees of the Department of Probation, Parole and Pardon Services. All reports, records, or information needed by the releasing authority for these juveniles prior to their release must be provided to the authority by the Department of Corrections and subsequent to their release by the Department of Probation, Parole and Pardon Services.

(B)    The Department of Juvenile Justice is charged with the responsibility of making shall conduct aftercare investigations to determine suitable placement for children juveniles considered for conditional release from the correctional schools. The department shall also have the responsibility of supervising supervise the aftercare program, making revocation investigations, and submitting findings to the parole board releasing entity.

(B)(C)    The director and such staff as he shall designate in the performance of their duties of investigation, counseling and supervision, and revocation investigations, are considered official representatives of the parole board releasing entity.

(C)(D)    The director and his staff are subject to the regulations for parole and parole revocation promulgated by the parole board releasing entity and shall meet with the parole board releasing entity at its meetings when requested. Community-based counselors, or their supervisors, with assigned clients committed to institutions of the department shall periodically visit the institutions in order to counsel their clients and accomplish the duties as outlined in this subarticle.

(D)    Recognizing the need to maintain autonomy and to provide a check and balance system, the parole board shall employ a director of parole and other staff necessary to carry out the duties of parole examinations, victim liaison, and revocation hearings. The director serves at the will and pleasure of the parole board. All staff are employees of the parole board and are directly responsible to the parole board both administratively and operationally. Funds allocated for the functions designated in this section must be incorporated as a line item within the department's budget and are subject to administrative control by the parole board.

(E)    The department shall continue to provide the budgetary, fiscal, personnel, and training information resources and other support considered necessary by the parole board to perform its mandated functions.

Section 20-7-8320.    (A)    A juvenile who shall have been conditionally released from a correctional facility shall remain under the authority of the parole board releasing entity until the expiration of the specified term imposed in the juvenile's conditional aftercare release. The specified period of conditional release may expire before but not after the twenty-first birthday of the juvenile. Each juvenile conditionally released is subject to the conditions and restrictions of the release and may at any time on the order of the parole board releasing entity be returned to the custody of a correctional institution for violation of aftercare rules or conditions of release.

(B)    As a condition of correctional release, the parole board releasing entity may enforce participation in restitution, work ordered by the court, and community service programs established or approved by the Department of Juvenile Justice.

Section 20-7-8325.    (A)    At any time during the period of conditional release, an aftercare counselor or the counselor's supervisor may issue or cause to be issued a warrant for the juvenile to be taken into custody for violating any of the conditions of the release. A police officer or other officer with power to arrest, upon request of an aftercare counselor, may take the juvenile into custody. The arresting officer shall obtain a warrant signed by the aftercare counselor setting forth that the juvenile, in the counselor's judgment, violated the conditions of the release which is authority for the detention of the juvenile in an appropriate place of detention. If an aftercare release revocation is necessary, the aftercare counselor shall submit in writing a thorough report to the parole board releasing entity, showing in what manner the delinquent child juvenile has violated the conditional release. A child juvenile returned to the custody of a correctional school by aftercare revocation shall have a hearing or review of the child's juvenile's case by the parole board releasing entity. The parole board releasing entity is the final authority to determine whether or not the child juvenile failed to abide by the aftercare rules and conditions of release.

(B)    An aftercare counselor who has successfully completed Class I or II law enforcement officer training and received a certificate from the Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23 has the power, when commissioned by the department, to take a child juvenile conditionally released from the custody of the department and subject to the jurisdiction of the Board of Juvenile Parole releasing entity into custody upon the issuance of a warrant for violating the conditions of his release.

Section 20-7-8330.    The order of revocation of a conditional release may be issued and made effective after the period of aftercare supervision prescribed in the release has expired when the violations of the conditions or release occurred during the aftercare supervision period.

Section 20-7-8335.    (A)    To be eligible for appointment as a probation counselor, an applicant must possess:

(1)    a college degree involving special training in the field of social science or its equivalent;

(2)    a personality and character as would render the applicant suitable for the functions of the office.

(B)    Probation counselors shall live in districts as determined by the director. Each counselor periodically shall visit the schools under the supervision of the Department of Juvenile Justice and become familiar with the records, background, and needs of the children juveniles and shall make periodic reports to the school.

(C)(1)    The duties of probation counselors include:

(a)    conducting an investigation of the child juvenile and the child's juvenile's home as may be required by the court;

(b)    being present in court at the hearing of cases;

(c)    furnishing to the court information and assistance as the judge may require; and

(d)    taking charge of a child juvenile before and after hearings as may be directed by the court.

(2)    During the probationary period of a child juvenile and during the time that the child juvenile may be committed to an institution or to the care of an association or person for custodial or disciplinary purposes, the child juvenile is always subject to visitation by the probation counselors or other agents of the court.

(D)    A probation counselor who has successfully completed Class I or II law enforcement officer training and received a certificate from the Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23 has the authority, when commissioned by the department, in the execution of his duties, to take a child juvenile under the jurisdiction of the family court into custody pursuant to an order issued by the court directing that the child juvenile be taken into custody.

(E)    In the performance of the duties of probation, parole, community supervision, and investigation, the probation counselor is regarded as the official representative of the court, the department, and the Juvenile Parole Board South Carolina Parole and Pardon Authority."

SECTION    4.    Section 20-7-6910 of the 1976 Code, as added by Act 135 of 1997, is amended to read:

"Section 20-7-6910.    There is created a fund within the Department of Juvenile Justice for the compensation of victims of crime. All contributions deducted from a juvenile's wages pursuant to Section 20-7-6890(E)(3) or 20-7-6895(C)(3) must be deposited into this fund. Of the amount contributed to the fund by each juvenile, ninety-five percent must be paid by the department on behalf of the juvenile as restitution to the victim or victims of the juvenile's adjudicated crime as ordered by the family court or the Juvenile Parole Board, and five percent must be submitted to the South Carolina Victim's Compensation Fund. If the amount of restitution ordered has been paid in full or if there is no victim of the juvenile's adjudicated crime, the juvenile's contributions must be submitted to the South Carolina Victim's Compensation Fund.

(A)    Unless otherwise provided by law, the employer of a juvenile committed to the department authorized to work at paid employment in the community or in an industry program shall pay the juvenile's wages directly to the Department of Juvenile Justice. The director of the department shall deduct the following amounts from the gross wages of the juvenile:

(1)    If restitution to a particular victim or victims has been ordered by the court, twenty percent must be used to fulfill the restitution obligation. If a restitution payment schedule has been ordered by the court, the twenty percent must be applied to the scheduled payments. If restitution to a particular victim or victims has been ordered but a payment schedule has not been specified by the court, the director shall impose a payment schedule of equal monthly payments and use twenty percent to meet the payment schedule imposed.

(2)    If restitution to a particular victim or victims has not been ordered by the court or if court-ordered restitution to a particular victim or victims has been satisfied, then the twenty percent referred to in item (1) must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, if the juvenile is engaged in work at paid employment in the community. If the juvenile is employed in an industry program, the twenty percent referred to in subsection (1) must be directed to the State Office of Victim Assistance for use in training, program development, victim compensation, and general administrative support pursuant to Section 16-3-1410.

(3)    Thirty-five percent must be used to pay any child support obligations that the juvenile may have pursuant to law, court order, or agreement of the juvenile. These child support monies must be disbursed to the guardian of the child or children or to appropriate clerks of court, in the case of court ordered child support, for application toward payment of child support obligations, whichever is appropriate. If there are no child support obligations, twenty-five percent must be used by the department to defray the cost of the juvenile's room and board. Furthermore, if there are no child support obligations, then ten percent must be made available to the juvenile during his commitment to the department for the purchase of incidentals pursuant to item (4). This is in addition to the ten percent used for the same purpose in subsection (4).

(4)    Ten percent must be available to the juvenile during his commitment to the department for the purchase of incidentals. Any monies made available to the juvenile for the purchase of incidentals also may be distributed to the person or persons of the juvenile's choice.

(5)    Ten percent must be held in an interest bearing escrow account for the benefit of the juvenile.

(6)    The remaining balance must be used to pay federal and state taxes required by law. Any monies not used to satisfy federal and state taxes must be made available to the juvenile for the purchase of incidentals pursuant to item (4).

(B)    The department shall return a juvenile's wages held in escrow pursuant to subsection (A) as follows:

(1)    A juvenile released without community supervision must be given his escrowed wages upon his release.

(2)    A juvenile serving life in prison or sentenced to death must be given the option of having his escrowed wages included in his estate or distributed to the persons or entities of his choice.

(3)    A juvenile released to community supervision shall receive two hundred dollars or the escrow balance, whichever is less, upon his release. Any remaining balance must be disbursed to the department. The juvenile's supervising agent shall apply this balance toward payment of the juvenile's housing and basic needs and dispense any balance to the juvenile at the end of the supervision period."

SECTION    5.    Section 20-7-7810(D) and (E) of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"(D)    When a child juvenile is adjudicated delinquent or convicted of a crime or has entered a plea of guilty or nolo contendere in a court authorized to commit to the custody of the Department of Juvenile Justice, the child juvenile may be committed for an indeterminate period until the child juvenile has reached age twenty-one or until sooner released by the Board of Juvenile Parole releasing entity under its discretional powers or released by order of a judge of the Supreme Court or the circuit court of this State, rendered at chambers or otherwise, in a proceeding in the nature of an application for a writ of habeas corpus. A juvenile who has not been paroled or otherwise released from the custody of the department by the juvenile's nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. If not sooner released by the Board of Juvenile Parole releasing entity, the juvenile must be released by age twenty-one according to the provisions of the child's juvenile's commitment; however, notwithstanding the above provision, any juvenile committed as an adult offender by order of the court of general sessions must be considered for parole or other release according to the laws pertaining to release of adult offenders.

(E) A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature, who has not been paroled or released from the custody of the department by his seventeenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. A juvenile who has not been paroled or released from the custody of the department by his nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections at age nineteen. If not released sooner by the Board of Juvenile Parole releasing entity, a juvenile transferred pursuant to this subsection must be released by his twenty-first birthday according to the provisions of his commitment. Notwithstanding the above provision, a juvenile committed as an adult offender by order of the court of general sessions must be considered for parole or other release according to the laws pertaining to release of adult offenders."

SECTION    6.    Section 20-7-7815 of the 1976 Code, as added by Act 135 of 1997, is amended to read:

"(B) When the state agency to which a juvenile is transferred determines that it is appropriate to release from commitment that juvenile, the state agency must submit a request for release to the Juvenile Parole Board releasing entity. If the Juvenile Parole Board releasing entity does not grant the request to release the juvenile, the juvenile must be placed in an environment consistent with the provisions of this section."

SECTION    7.    Section 20-7-8025 of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"Section 20-7-8025.    (A) The Department of Juvenile Justice, when authorized by an order of a circuit judge, must, after notice to the Department of Corrections, temporarily shall transfer to the custody of the Youthful Offender Division a child juvenile who has been committed to the custody of the department who is more than seventeen years of age and whose presence in the custody of the Department of Juvenile Justice appears to be seriously detrimental to the welfare of others in custody. The Director of the Department of Corrections shall receive these children juveniles and shall properly care for them. Each child juvenile transferred to the Youthful Offender Division is subject to all the rules and discipline of the division. Children Juveniles transferred to the Youthful Offender Division pursuant to this section are under the authority of the division but are subject to release by the Board of Juvenile Parole authority.

(B) The Youthful Offender Division at least quarterly shall recommend to the parole board authority possible release of each child juvenile transferred to the department or the child's juvenile's return to institutions of the Department of Juvenile Justice."

SECTION    8.    Subarticle 19, Article 30, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-8522.    Notwithstanding any other provision of law, records maintained in accordance with this subarticle must be provided to the South Carolina Parole and Pardon Authority by the agency having physical custody of or, supervisory responsibility for, a juvenile whenever the juvenile is being considered for release, revocation of release or for any related criminal justice purpose. In addition, the Department of Juvenile Justice must provide to the authority, upon request, an adult offender's juvenile record."

SECTION    9.    Section 24-19-30 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 24-19-30.    The division shall:

(1)    consider problems of treatment and correction; shall

(2)    consult with and make recommendations to the director with respect to general treatment and correction policies and procedures for committed youthful offenders, and;

(3)    recommend orders to the South Carolina Parole and Pardon Authority to direct the release of youthful offenders conditionally under supervision and the unconditional discharge of youthful offenders; and

(4)    take such further action and recommend such other orders to the director as may be necessary or proper to carry out the purpose of this chapter."

SECTION    10.    Section 24-19-50(3) of the 1976 Code, as amended by Act 441 of 1996, is further amended to read:

"(3)    if the offender is under the age of twenty-one, without his consent, sentence the youthful offender indefinitely to the custody of the department for treatment and supervision pursuant to this chapter until discharged by the division South Carolina Parole and Pardon Authority, the period of custody not to exceed six years. If the offender is twenty-one years of age but less than twenty-five years of age, he may be sentenced in accordance with this item if he consents in writing;"

SECTION    11.    Section 24-19-90(a) of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"(a)    recommend to the division South Carolina Parole and Pardon Authority that the committed youthful offender be released conditionally under supervision or unconditionally released from custody; or"

SECTION    12.    Section 24-19-110 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 24-19-110.    The division South Carolina Parole and Pardon Authority may at any time after reasonable notice to the director release conditionally under supervision or unconditionally released from custody a committed youthful offender. When, in the judgment of the director, a committed youthful offender should be released conditionally under supervision he, the director shall so report and recommend make such recommendation to the division authority.

The division may regularly assess a reasonable fee to be paid by the youthful offender who is on conditional release to offset the cost of his supervision.

The division may discharge a committed youthful offender unconditionally at the expiration of one year from the date of conditional release."

SECTION    13.    Section 24-19-130 of the 1976 Code is amended to read:

"Section 24-19-130.    The Division The South Carolina Pardon and Parole Authority may revoke or modify any of its previous orders respecting a committed youthful offender except an order of unconditional discharge."

SECTION    14.    Section 24-19-150 of the 1976 Code is amended to read:

"Section 24-19-150.    If, at any time before the unconditional discharge of a committed youthful offender, the division is of the opinion that such youthful offender will be benefited by further treatment in an institution or other facility, any member of the division may direct his return to custody recommend to the authority the revocation of the youthful offender's release or if necessary may issue a warrant for the apprehension and return to custody of such the youthful offender and cause such warrant to be executed by an appointed supervisory agent, or any policeman. Upon return to custody, such the youthful offender shall must be given an opportunity to appear before a panel of the Division South Carolina Parole and Pardon Authority or a member thereof. The Division authority may then or at its discretion revoke the order of conditional release."

SECTION    15.    Section 24-19-160 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 24-19-160.    Nothing in this chapter limits or affects the power of a court to suspend the imposition or execution of a sentence and place a youthful offender on probation.

Nothing in this chapter may be construed to amend, repeal, or affect the jurisdiction of the Department of Probation, Parole, and Pardon Services or the Probation, Parole, and Pardon Services Board South Carolina Parole and Pardon Authority. For purposes of community supervision or parole, a sentence pursuant to Section 24-19-50(e) shall must be considered a sentence for six years."

SECTION    16.    Article 1, Chapter 21, Title 24 of the 1976 Code is amended to read:

Section 24-21-10.    (A)    The Department of Probation, Parole, and Pardon Services, hereafter referred to as the "department", is governed by the director of the department. The director must be appointed by the Governor with the advice and consent of the Senate.

(B)    The Board of Probation, Parole, and Pardon Services is composed of seven members. The terms of office of the members are for six years. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at large. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate, provided the appointment is received for confirmation on the first day of the Senate's next meeting following the vacancy. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms.

(C)    The Governor shall deliver an appointment within sixty days of the expiration of a term, if an individual is being reappointed, or within ninety days of the expiration of a term, if an individual is an initial appointee. If a board member who is being reappointed is not confirmed within sixty days of receipt of the appointment by the Senate, the appointment is considered rejected. For an initial appointee, if confirmation is not made within ninety days of receipt of the appointment by the Senate, the appointment is deemed rejected. The Senate may by resolution extend the period after which an appointment is considered rejected. If the failure of the Senate to confirm an appointee would result in the lack of a quorum of board membership, the seat for which confirmation is denied or rejected shall not be considered when determining if a quorum of board membership exists.

Section 24-21-11.    The director and members of the board shall be is subject to removal by the Governor pursuant to the provisions of Section 1-3-240.

Section 24-21-12.    The members of the board shall draw no salaries, but each member shall be entitled to such per diem as may be authorized by law for boards, commissions, and committees, plus actual and necessary expenses incurred pursuant to the discharge of official duties.

Section 24-21-13.    (A)    It is the duty of the director to oversee, manage, and control the department. The director shall develop written policies and procedures for the following:

(1)    the supervising of offenders on probation, parole, community supervision, and other offenders released from incarceration prior to the expiration of their sentence;

(2)    the consideration of paroles and pardons and the supervision of offenders in the community supervision program, and other offenders released from incarceration prior to the expiration of their sentence. The requirements for an offender's participation in the community supervision program and an offender's progress toward completing the program are to be decided administratively by the Department of Probation, Parole, and Pardon Services. No inmate or future inmate shall have a 'liberty interest' or an 'expectancy of release' while in a community supervision program administered by the department;

(3)    the operation of community-based correctional programs; and

(4)    the operation of public work sentence programs for offenders as provided in item (1) of this subsection. This program also may be utilized as an alternative to technical revocations. The director shall establish priority programs for litter control along state and county highways. This must be included in the 'public service work' program.

(B)    It is the duty of the board to consider cases for parole, pardon, and any other form of clemency provided for under law.

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 December 31, 1995, 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 South Carolina Parole and Pardon Authority shall hold regular meetings, pursuant to Section 24-14-20, 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 authority 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 be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall 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 not be considered as a decision of the board, and the matter shall be referred to the full board which shall decide it based on a vote of a majority of the membership.

(B)    The board South Carolina Parole and Pardon Authority may grant parole to an offender who commits a violent crime, as defined in Section 16-1-60 which, that is not included as a 'no parole offense', as defined in Section 24-13-100, on or after the effective date of this section December 31, 1995, by a two-thirds four-fifths majority vote of the full board members of the authority serving at that hearing. The board authority may grant parole to an offender convicted of an offense which that 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 members of the authority serving at that hearing.

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 December 31, 1995, to be eligible for parole.

(C)    The board South Carolina Parole and Pardon Authority shall conduct all parole hearings in cases that relate to a single victim on the same day.

(D)    Upon the request of a victim, the board authority may allow the victim and an offender to appear simultaneously before the board authority for the purpose of providing testimony.

Section 24-21-35.    The Department of Probation, Parole and Pardon Services Board South Carolina Parole and Pardon Authority shall make its administrative recommendations available to a victim of a crime before it conducts a parole hearing for the perpetrator of the crime.

Section 24-21-40.    The board South Carolina Parole and Pardon Authority shall keep a complete record of all its proceedings and hold it subject to the order of the Governor or the General Assembly.

Section 24-21-50.    The board South Carolina Parole and Pardon Authority shall grant hearings and permit arguments and appearances by counsel or any individual before it at any such hearing while considering a case for parole, pardon, or any other form of clemency provided for under law. No inmate has a right of confrontation at the hearing.

Section 24-21-55.    The Department of Probation, Parole and Pardon Services South Carolina Parole and Pardon Authority shall receive a hearing fee under a plan approved by the Budget and Control Board.

Section 24-21-60.    Each city, county, or state official or department shall assist and cooperate to further the objectives of this chapter, Chapter 14, and Subarticle 17, Article 30, Chapter 7, Title 20. The board South Carolina Parole and Pardon Authority, the director of the department, and the probation agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The director may conduct surveys of state correctional facilities, county jails, and camps and obtain information to enable the board authority to pass intelligently upon all applications for parole. The Director of the Department of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the director and the probation agents in the surveys.

Section 24-21-70.    The Director of the Department of Corrections, when a prisoner is confined in the State Penitentiary, the sheriff of the county, when a person is confined in the county jail, and the county supervisor or chairman of the governing body of the county if there is no county supervisor, when a prisoner is confined upon a work detail of a county, must keep a record of the industry, habits, and deportment of the prisoner, as well as other information requested by the board South Carolina Parole and Pardon Authority or the director and furnish it to them upon request.

Section 24-21-80.    (A)    An adult placed on probation, parole, or community supervision shall pay a regular supervision fee toward offsetting the cost of his supervision for so long as he remains under supervision. The regular supervision fee must be determined by the Department of Probation, Parole, and Pardon Services based upon the ability of the person to pay. The fee must be not less than twenty dollars nor more than one hundred dollars per month. The fee is due on the date of sentencing or as soon as determined by the department and each subsequent anniversary for the duration of the supervision period. The department shall remit from the fees collected an amount not to exceed the regular supervision fees collected during fiscal year 1992-93 for credit to the State General Fund. All regular supervision fees collected in excess of the fiscal year 1992-93 amount must be retained by the department, carried forward, and applied to the department's operation. The payment of the fee must be a condition of probation, parole, or community supervision, and a delinquency of two months or more in making payments may operate as a revocation.

(B)    If a probationer is placed under intensive supervision by a court of competent jurisdiction, or if the board South Carolina Parole and Pardon Authority places a parolee under intensive supervision, or if an inmate who is participating in the Supervised Furlough Program is placed under intensive supervision, or if a person participating in a community supervision program is placed under intensive supervision, the probationer, parolee, inmate, or community supervisee is required to pay not less than ten dollars nor or more than thirty dollars each week for the duration of intensive supervision in lieu of the regular supervision fee. The intensive supervision fee must be determined by the department based upon the ability of the person to pay. Fees derived from persons under intensive supervision must be retained by the department, carried forward, and applied to the department's operation. The department may exempt any individual supervised by the department on any community supervision program from the payment of a part or all of the yearly or weekly fee during any part or all of the supervision period only if the department determines that exceptional circumstances exist such that these payments work a severe hardship on the individual. Delinquencies of two months or more in payment of a reduced fee operates in the same manner as delinquencies for the full amount. The department may substitute public service employment for supervision fees when it considers the same to be in the best interest of the State and the individual.

Section 24-21-85.    Every person placed on electronic monitoring must be assessed a fee to be determined by the Department of Probation, Parole and Pardon Services in accordance with Section 24-21-80, as long as he remains in the electronic monitoring program. The payment of the fee must be a condition of supervision of any program administered by the department and a delinquency of two months or more in making payments may operate as a revocation. All fees generated by this assessment must be retained by the department to support the electronic monitoring program and carried forward for the same purpose.

Section 24-21-90.    Each supervising agent shall keep an accurate account of the money he collects pursuant to Sections 24-21-80, 24-23-210(B), and 24-23-220 and shall give a receipt to the probationer and individual under supervision for each payment. Money collected must be forwarded to the board agency that had jurisdiction of the offender at the time of release by the authority and deposited in the state treasury."

SECTION    17.    Article 7, Chapter 21, Title 24 of the 1976 Code, is amended to read:

Section 24-21-610.    In all cases cognizable under this chapter the Board South Carolina Parole and Pardon Authority may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, parole a prisoner convicted of a crime and imprisoned in the state penitentiary, in any jail, or upon the public works of any county who if:

(1)    sentenced for not more than thirty years, has served at least one-third of the term;

(2)    sentenced to life imprisonment or imprisonment for any period in excess of thirty years, has served at least ten years.

If after January 1, 1984, the Board authority finds that the statewide case classification system provided for in Chapter 23 of this title has been implemented, that an intensive supervision program for parolees who require more than average supervision has been implemented, that a system for the periodic review of all parole cases in order to assess the adequacy of supervisory controls and of parolee participation in rehabilitative programs has been implemented, and that a system of contracted rehabilitative services for parolees is being furnished by public and private agencies, then in all cases cognizable under this chapter the Board authority may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, to the victim or victims, if any, of the crime, and to the sheriff of the county where the prisoner resides or will reside, parole a prisoner who if sentenced for a violent crime, as defined in Section 16-1-60, has served at least one-third of the term or the mandatory minimum portion of sentence, whichever is longer. For any other crime the prisoner shall have served at least one-fourth of the term of a sentence or if sentenced to life imprisonment or imprisonment for any period in excess of forty years, has served at least ten years.

The provisions of this section do not affect the parole ineligibility provisions for murder, armed robbery, and drug trafficking as set forth, respectively, in Sections 16-3-20 and 16-11-330, and subsection (e) of Section 44-53-370.

In computing parole eligibility, no deduction of time may be allowed in any case for good behavior, but after June 30, 1981, there must be deductions of time in all cases for earned work credits, notwithstanding the provisions of Sections 16-3-20, 16-11-330, and 24-13-230.

Notwithstanding the provisions of this section, the Board authority may parole any prisoner not sooner than one year prior to the prescribed date of parole eligibility when, based on medical information furnished to it, the Board authority determines that the physical condition of the prisoner concerned is so serious that he would not be reasonably expected to live for more than one year. Notwithstanding any other provision of this section or of law, no prisoner who has served a total of ten consecutive years or more in prison may be paroled until the Board authority has first received a report as to his mental condition and his ability to adjust to life outside the prison from a duly qualified psychiatrist or psychologist.

Section 24-21-615.    The board South Carolina Parole and Pardon Authority may not review the case of a prisoner convicted of a capital offense for the purpose of determining whether the person is entitled to any of the benefits provided in this chapter during the month of December of each year.

Section 24-21-620.    Within the ninety-day period preceding a prisoner having served one-fourth of his sentence, the board South Carolina Parole and Pardon Authority, either acting in a three-member panel or meeting as a full board five member panel, shall review the case, regardless of whether or not any application has been made therefor for review, for the purpose of determining whether or not such prisoner is entitled to any of the benefits provided for in this chapter;. provided, that in cases of prisoners in confinement due to convictions for nonviolent crimes, an administrative hearing officer may be appointed by the director to review the case who must submit to the full board written findings of fact and recommendations which shall be the basis for a determination by the board. Upon an affirmative determination, the prisoner must be granted a provisional parole or parole. Upon a negative determination, the prisoner's case shall must be reviewed every twelve months thereafter for the purpose of such determination.

Section 24-21-630.    For the purpose of determining the time required to be served by a prisoner before he shall be is eligible to be considered for parole, notwithstanding any other provision of law, all prisoners shall must be given benefit for time served in prison in excess of three months while awaiting trial or between trials.

Section 24-21-635.    For the purpose of determining the time required to be served by a prisoner before he shall be is eligible to be considered for parole, notwithstanding any other provision of law, all prisoners shall be given benefit of earned work credits awarded pursuant to Section 24-13-230.

Section 24-21-640.    (A)    The board South Carolina Parole and Pardon Authority must carefully consider the record of the prisoner before, during, and after imprisonment, and no such prisoner may be paroled until it appears to the satisfaction of the board: authority that the prisoner:

(1)    has shown a disposition to reform; that,

(2)    in the future he will probably obey the law and lead a correct life; that

(3)    by his conduct he has merited a lessening of the rigors of his imprisonment; that the interest of society will not be impaired thereby; and, that suitable employment has been secured for him.

(B)    The board must authority shall establish written, specific criteria for the granting of parole and provisional parole. This criteria must reflect all of the aspects of this section and include a review of a prisoner's disciplinary and other records. The criteria must be made available to all prisoners at the time of their incarceration and to the general public.

(C)    The paroled prisoner must shall, as often as may be required, render a written report to the board authority giving that information as may be required by the board authority, which must be confirmed by the person in whose employment the prisoner may be is at the time.

(D)    The board authority must not grant parole nor is and parole is not authorized to for any prisoner serving a sentence for a second or subsequent conviction, following a separate sentencing for a prior conviction, for violent crimes, as defined in Section 16-1-60. Provided that However, where more than one included offense shall be is committed within a one-day period or pursuant to one continuous course of conduct, such these multiple offenses must be treated for purposes of this section as one offense.

(E)    Any part or all of a prisoner's in-prison disciplinary records and, with the prisoner's consent, records involving all awards, honors, earned work credits, and educational credits, are subject to the Freedom of Information Act as contained in Chapter 4 of Title 30.

Section 24-21-645.    The board South Carolina Parole and Pardon Authority may issue an order authorizing the parole which must be signed either by a majority of its members a five member panel or by all three members meeting as a parole panel on the case ninety days prior to the effective date of the parole; however, at least two-thirds of the members of the board must four-fifths of a five-member panel shall authorize and sign orders authorizing parole for persons convicted of a violent crime, as defined in Section 16-1-60. A provisional parole order shall must include the terms and conditions, if any, to be met by the prisoner during the provisional period and terms and conditions, if any, to be met upon parole. Upon satisfactory completion of the provisional period, the director chairman of the authority or one lawfully acting for him must shall issue an order which that, if accepted by the prisoner, shall provide provides for his release from custody. However, upon a negative determination of parole, prisoners in confinement for a violent crime, as defined in Section 16-1-60, must have their cases reviewed every two years for the purpose of a determination of parole, except that prisoners who are eligible for parole pursuant to Section 16-25-90, and who are subsequently denied parole must have their cases reviewed every twelve months for the purpose of a determination of parole. This section applies retroactively to a prisoner who has had a parole hearing pursuant to Section 16-25-90 prior to the effective date of this act before June 15, 1997.

Section 24-21-650.    The board South Carolina Parole and Pardon Authority shall issue an order authorizing the parole which must be signed by at least a majority of its members a five-member panel with terms and conditions, if any, but at least two-thirds of the members of the board must four-fifths of a five-member panel shall sign orders authorizing parole for persons convicted of a violent crime, as defined in Section 16-1-60. The director chairman of the authority, or one lawfully acting for him, then must shall issue a the parole order which that, if accepted by the prisoner, provides for his release from custody. Upon a negative determination of parole, prisoners in confinement for a violent crime, as defined in Section 16-1-60, must have their cases reviewed every two years for the purpose of a determination of parole.

Section 24-21-660.    Any A prisoner who has been paroled is subject during the remainder of his original term of imprisonment, up to the maximum, to the conditions and restrictions imposed in the order of parole or by law imposed. Every such paroled prisoner must remain in the jurisdiction of the board South Carolina Parole and Pardon Authority and may at any time on the order of the board authority, be imprisoned as and where therein designated.

Section 24-21-670.    Any A prisoner who may be paroled under authority of this chapter shall continue on parole until the expiration of the maximum term or terms specified in his sentence without deduction of such an allowance for good conduct as may be provided for by law.

Section 24-21-680.    Upon failure of any a prisoner released on parole under the provisions of this chapter to do or refrain from doing any of the things set forth and required to be done by and under the terms of his parole, the parole agent must issue a warrant or citation charging the violation of parole, and a final determination must be made by the board South Carolina Parole and Pardon Authority as to whether the prisoner's parole should be revoked and whether he should be required to serve any part of the remaining unserved sentence. But such prisoner must be eligible to parole thereafter when and if the board authority thinks such parole would be proper. The board shall authority must be the sole judge as to whether or not a parole has been violated and no appeal therefrom shall be of this decision is allowed;. provided, that any However, a person arrested for violation of terms of parole may be released on bond, for good cause shown, pending final determination of the violation by the Probation, Parole and Pardon Board authority. No bond shall be A bond must not be granted except by the presiding or resident judge of the circuit wherein in which the prisoner is arrested, or, if there be is no judge within such that circuit, by the judge, presiding or resident, in an adjacent circuit, and the judge granting the bond shall determine the amount thereof of the bond.

Section 24-21-690.    Any A person who shall have served the term for which he has been sentenced less deductions allowed therefrom for good conduct shall, upon release, must be treated as if he had served the entire term for which he was sentenced.

Section 24-21-700.    Any A prisoner who is otherwise eligible for parole under the provisions of this article, except that his mental condition is deemed by the Probation, Pardon and Parole Board South Carolina Parole and Pardon Authority to be such that he should not be released from confinement may, subject to approval by the Veterans Administration, be released to the custody of the Veterans Administration or to a committee appointed to commit such the prisoner to a Veterans Administration Hospital. Such a This special parole shall may be granted in the sole discretion of the Board authority and, when so paroled, a prisoner shall must be transferred directly from his place of confinement to a Veterans Administration Hospital which that provides psychiatric care. When any a prisoner paroled for psychiatric treatment is determined to be in a suitable condition to be released, he shall must not be returned to penal custody except for a subsequent violation of the conditions of his parole.

Section 24-21-710.    (A)    Film, videotape, or other electronic information that is both visual and aural, submitted pursuant to this section, must be considered by the Board of Probation, Parole, and Pardon Services South Carolina Parole and Pardon Authority in making its determination of parole.

(B)    Upon receipt of the notice required by law, the following people may submit electronic information:

(1)    the victim of the crime for which the prisoner has been sentenced;

(2)    the prosecuting solicitor's office; and

(3)    the person whose parole is being considered.

(C)    The person submitting the electronic information shall provide the Board of Probation, Parole, and Pardon Services authority with the following:

(1)    identification of each voice heard and each person seen;

(2)    a visual or aural statement of the date the information was recorded; and

(3)    the name of the person whose parole eligibility is being considered.

(D)    If the film, videotape, or other electronic information is retained by the board authority, it may be submitted at subsequent parole hearings each time that the submitting person provides a written statement declaring that the information represents the present position of the person who is submitting the information.

(E)    The Department of Corrections may install, maintain, and operate a two-way closed circuit television system in one or more correctional institutions of the department that confines persons eligible for parole. The Board of Probation, Parole and Pardon Services authority shall install, maintain, and operate closed circuit television systems at locations determined by the board authority and conduct parole hearings by means of a two-way closed circuit television system provided in this section. A victim of a crime must be allowed access to this system to appear before the board authority during a parole hearing.

(F)    Nothing in this section shall may be construed to prohibit submission of information in other forms as provided by law.

(G)    The director of the Department of Probation, Parole, and Pardon Services authority may develop written policies and procedures for parole hearings to be held pursuant to this section.

(H)    The Board of Probation, Parole, and Pardon Services authority is not required to install, maintain, or operate film, videotape, or other electronic equipment to record a victim's testimony to be presented to the board authority."

SECTION    18.    Article 11, Chapter 21, Title 24 of the 1976 Code is amended to read:

Section 24-21-910.    The Probation, Parole, and Pardon Services Board South Carolina Parole and Pardon Authority shall consider all petitions for reprieves or the commutation of a sentence of death to life imprisonment which that may be referred to it the authority by the Governor and shall make its recommendations to the Governor regarding the petitions. The Governor may or may not adopt the recommendations but in case he does not he shall submit his reasons for not doing so to the General Assembly. The Governor may act on any petition without reference to the board authority.

Section 24-21-920.    In all other cases than those referred to in Section 24-21-910 the right of granting clemency shall be is vested in the Board South Carolina Parole and Pardon Authority.

Section 24-21-930.    An order of pardon must be signed by at least two-thirds of the members of the board four-fifths of a five-member panel of the authority. Upon the issue of the order by the board authority, the director chairman of the authority, or one lawfully acting for him, must shall issue a pardon order which that provides for the restoration of the pardon applicant's civil rights.

Section 24-21-940.    (A.)    'Pardon' means that an individual is fully pardoned from all the legal consequences of his crime and of his conviction, direct and collateral, including the punishment, whether of imprisonment, pecuniary penalty, or whatever else the law has provided.

(B.)    'Successful completion of supervision' as used in this article shall mean means free of conviction of any type other than minor traffic offenses.

Section 24-21-950.    (A)    The following guidelines must be utilized by the board South Carolina Parole and Pardon Authority when determining when an individual is eligible for pardon consideration.:

(1)    Probationers must be considered upon the request of the individual anytime after discharge from supervision.

(2)    Persons discharged from a sentence without benefit of parole must be considered upon the request of the individual anytime after the date of discharge.

(3)    Parolees must be considered for a pardon upon the request of the individual anytime after the successful completion of five years under supervision. Parolees successfully completing the maximum parole period, if less than five years, must be considered for pardon upon the request of the individual anytime after the date of discharge.

(4)    An inmate must be considered for pardon before a parole eligibility date only when he can produce evidence comprising the most extraordinary circumstances.

(5)    The victim of a crime or a member of a convicted person's family living within this State may petition for a pardon for a person who has completed supervision or has been discharged from a sentence.

(B)    Persons discharged from a sentence without benefit of supervision must be considered upon the request of the individual anytime after the date of discharge.

Section 24-21-960.    (A)    Each pardon application must be accompanied with a pardon application fee of fifty dollars. The pardon application fee must be retained and applied by the department South Carolina Parole and Pardon Authority towards the pardon process.

(B)    Any An individual who has an application for pardon considered but denied, must wait one year two years from the date of denial before filing another pardon application and fee.

Section 24-21-970.    Consideration shall must be given to any an inmate afflicted with a terminal illness where life expectancy is one year or less.

Section 24-21-980.    Once delivered, a pardon cannot be revoked unless it was obtained through fraud. If a pardon is obtained through fraud, it is void.

Section 24-21-990.    A pardon shall fully restore all civil rights lost as a result of a conviction, which shall include the right to:

(1)    register to vote;

(2)    vote;

(3)    serve on a jury;

(4)    hold public office, except as provided in Section 16-13-210;

(5)    testify without having the fact of his conviction introduced for impeachment purposes to the extent provided by Rule 609(c) of the South Carolina Rules of Evidence;

(6)    not have his testimony excluded in a legal proceeding if convicted of perjury; and

(7)    be licensed for any occupation requiring a license.

Section 24-21-1000.    For those applicants to be granted a pardon, a certificate of pardon shall must be issued by the Board South Carolina Parole and Pardon Authority stating that the individual is absolved from all legal consequences of his crime and conviction, and that all of his civil rights are restored."

SECTION    19.    Section 24-13-1520(2) of the 1976 Code, as last amended by Act 508 of 1994, is further amended to read:

"(2)    'Court' means a circuit, family, magistrate's, or municipal court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services, the Board of Juvenile Parole South Carolina Parole and Pardon Authority, and the Department of Corrections."

SECTION    20.    Section 24-21-220 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-21-220.    The director is vested with the exclusive management and control of the department and is responsible for the management of the department and for the proper care, treatment, supervision, and management of offenders under its control. The director shall manage and control the department and it is the duty of the director to carry out the policies of the department. The director is responsible for scheduling board meetings, assuring that the proper cases and investigations are prepared for the board, maintaining the board's official records, and performing other administrative duties relating to the board's activities. The director must shall employ within his office such personnel as may be necessary to carry out his duties and responsibilities including the functions of probation, parole, and community supervision, community-based programs, financial management, research and planning, staff development and training, and internal audit. The director shall make annual written reports to the board authority, the Governor, and the General Assembly providing statistical and other information pertinent to the department's activities."

SECTION    21.    Section 24-21-221 of the 1976 Code, as amended by Act 181 of 1993, is further amended to read:

"Section 24-21-221.    The director must South Carolina Parole and Pardon Authority shall give a thirty-day written notice to the following persons of any board hearing during which the board a panel of the authority will consider parole for a prisoner to the following persons:

(1)    any victim of the crime who suffered damage to his person as a result thereof of the crime or if such the victim is deceased, to members of his the victim's immediate family to the extent practicable;

(2)    the solicitor who prosecuted the prisoner or his the solicitor's successor in the jurisdiction in which the crime was prosecuted; and

(3)    the law enforcement agency that was responsible for the arrest of the prisoner concerned."

SECTION    22.    Section 24-21-280(B) of the 1976 Code, as last Amended by Act 396 of 2000, is further amended to read:

"(B)    A probation agent has, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and, to the extent necessary, the same right to execute process given by law to sheriffs. A probation agent has the power and authority to enforce the criminal laws of the State. In the performance of his duties of probation, parole, community supervision, and investigation, he is regarded as the official representative of the court, the department, and the board South Carolina Parole and Pardon Authority."

SECTION    23.    Section 24-21-300 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-21-300.    At any time during a period of supervision, a probation agent, instead of issuing a warrant, may issue a written citation and affidavit setting forth that the probationer, parolee, or community supervision releasee, or a person released or furloughed under the Offender Management Systems Act, in the agent's judgment, violates has violated the conditions of his release or suspended sentence. The citation must be directed to the probationer, the parolee, the community supervision releasee, or the person released or furloughed, and must require him to appear at a specified time, date, and court or other place, and must state the charges. The citation must set forth the person's rights and contain a statement that a hearing will be held in his absence if he fails to appear and that he may be imprisoned as a result of his absence. The citation may be served by a law enforcement officer upon the request of a probation agent. A certificate of service is sufficient proof of service. The issuance of a citation or warrant during the period of supervision gives jurisdiction to the court and the board South Carolina Parole and Pardon Authority at any hearing on the violation."

SECTION    24.    Section 24-21-480 of the 1976 Code, as last amended by Act 134 of 1991, is further amended to read:

"Section 24-21-480.    The judge may suspend a sentence for a defendant convicted of a nonviolent offense, as defined in Section 16-1-70, for which imprisonment of more than ninety days may be imposed, or as a revocation of probation, and may place the offender in a restitution center as a condition of probation. The board South Carolina Parole and Pardon Authority may place a prisoner in a restitution center as a condition of parole. The department, on the first day of each month, shall present to the general sessions court a report detailing the availability of bed space in the restitution center program. The restitution center is a program under the jurisdiction of the department.

The offender must have paid employment and/or or be required to perform public service employment up to a total of fifty hours per week or both.

The offender must shall deliver his salary to the restitution center staff who must shall distribute it in the following manner:

(1)    restitution to the victim or payment to the account established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, as ordered by the court;

(2)    payment of child support or alimony or other sums as ordered by a court;

(3)    payment of any fines or court fees due;

(4)    payment of six dollars and fifty cents per day for housing and food. This payment is in lieu of supervision fees while in the restitution center. This fee must be deposited by the department with the State Treasurer for credit to the same account as funds collected under Sections 14-1-210 through 14-1-230;

(5)    payment of any costs incurred while in the restitution center;

(6)    if available, fifteen dollars per week for personal items.;

(7)    the remainder must be deposited and given to the offender upon his discharge.

The offender must be in the restitution center for not more than six months, nor and not less than three months; provided, however, in those cases where the maximum term is less than one year, the offender must be in the restitution center for not more than ninety days nor and not less than forty-five days.

Upon release from the restitution center, the offender must be placed on probation for a term as ordered by the court.

Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence.

No A person must not be made ineligible for this program by reason of gender."

SECTION    25.    Section 24-21-540 of the 1976 Code, as last amended by Section 24A, Part II, Act 164 of 1993, is further amended to read:

"The department shall develop and operate Community Control Centers for higher risk offenders, if the General Assembly appropriates funds to operate the centers. If the department has recommended the placement, offenders may be placed in a center for not less than thirty days nor and not more than six months by a judge as a condition of probation or as an alternative to probation revocation, or by the board South Carolina Parole and Pardon Authority as a condition of parole or as an alternative to parole revocation. An offender may not be placed in the center for more than six months on the same crime. There must not be consecutive sentencing to a Community Control Center."

SECTION    26.    Section 24-22-30(g) of the 1976 Code, as added by Act 461 of 1992, is amended to read:

"(g)    satisfy any other criteria established by the South Carolina Department of Corrections and the State Board of Probation, Parole and Pardon Services South Carolina Parole and Pardon Authority."

SECTION    27.    Section 24-22-40 of the 1976 Code, as added by Act 461 of 1992 is further amended to read:

"Section 24-22-40.    The South Carolina Department of Probation, Parole and Pardon Services, in cooperation with the South Carolina Department of Corrections shall develop and establish policies, procedures, guidelines, and cooperative agreements for the implementation of an adult criminal offender management system which that permits carefully screened and selected male offenders and female offenders to be enrolled in the criminal offender management system.

After review by and approval of three members of the Board of Probation, Parole and Pardon Services South Carolina Parole and Pardon Authority designated by the Governor, the board authority shall enroll qualified offenders monthly into the offender management system to prevent the prison system population from exceeding one hundred percent of capacity at high count. No An offender shall must not be issued an offender management system certificate and released from prison if the release of the offender will reduce the prison system population below ninety-five percent of capacity at high count.

If the Governor at any time during periods when the offender management system is in operation, determines that an insufficient number of inmates are being enrolled into the system to keep the prison system population below one hundred percent of capacity of high count or if the Governor determines that the number of inmates released has reached a level that could endanger the public welfare and safety of the State, he the Governor may issue an Executive Order requiring the South Carolina Department of Probation, Parole and Pardon Services and the South Carolina Department of Corrections to enroll a specified number of qualified prisoners per month for a specified number of months or require the department to cease and desist in the release of the inmates accordingly."

SECTION    28.    Section 24-23-30(3) and (4) of the 1976 Code, as amended by Act 83 of 1995, is further amended to read:

"(3)    a contract rehabilitation services program whereby private and public agencies, such as including, but not limited to, the Department of Vocational Rehabilitation, the Department of Mental Health, and the various county commissions on alcohol and drug abuse, provide diagnostic and rehabilitative services to offenders who are under the board's South Carolina Parole and Pardon Authority's jurisdiction;

(4)    community-based residential programs whereby public and private agencies, as well as the board Department of Probation, Parole, and Pardon Services, establish and operate halfway houses for those offenders who cannot perform satisfactorily on probation, parole, or community supervision;"

SECTION    29.    Section 44-48-30(5) of the 1976 Code, as amended by Act 176 of 2004, is further amended to read:

(5)    'Agency with jurisdiction' means that agency which that, upon lawful order or authority, releases a person serving a sentence or term of confinement and includes the South Carolina Department of Corrections, the South Carolina Department of Probation, Parole and Pardon Services, the Board of Probation, Parole and Pardon Services South Carolina Parole and Pardon Authority, the Department of Juvenile Justice, the Juvenile Parole Board, and the Department of Mental Health.

SECTION    30.    Section 44-48-40(B) of the 1976 Code, as last amended by Act 176 of 2004, is further amended to read:

"(B)    When a person has been convicted of a sexually violent offense and the Board of Probation, Parole and Pardon Services or the Board of Juvenile Parole South Carolina Parole and Pardon Authority intends to grant the person a parole or the South Carolina Department of Corrections or the Board of Juvenile Parole authority intends to grant the person a conditional release, the parole or the conditional release must be granted to be effective ninety days after the date of the order of parole or conditional release. The Board of Probation, South Carolina Parole and Pardon Authority Services, the Juvenile Parole Board, or the South Carolina Department of Corrections must immediately send notice of the parole or conditional release of the person to the multidisciplinary team, the victim, and the Attorney General. If the person is determined to be a sexually violent predator pursuant to this chapter, the person is subject to the provisions of this chapter even though the person has been released on parole or conditional release."

SECTION    31.    The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.

SECTION    32.    Subarticle 5, Article 30, Chapter 7, Title 20 of the 1976 Code is repealed October 1, 2005.

SECTION    33.    (A)    The members of the South Carolina Parole and Pardon Authority, established pursuant to Section 24-14-10 of the 1976 Code, as added by Section 1 of this act, must be appointed and qualified to serve by October 1, 2005, at which time the terms of the members of this board commence, and the Board of Probation, Parole, and Pardon Services is abolished October 1, 2005.

(B)    Of the original appointees to the South Carolina Parole and Pardon Authority, one member appointed by the Governor, one member appointed by the President of the Senate, and one member appointed by the Speaker of the House of Representatives shall serve terms of six years; two members appointed by the Governor shall serve terms of four years; and one member appointed by the President of the Senate and one member appointed by the Speaker of the House of Representatives shall serve terms of two years.

SECTION    34.    This act takes effect upon approval by the Governor unless otherwise provided for in this act.

This web page was last updated on Tuesday, June 23, 2009 at 2:49 P.M.