South Carolina General Assembly
117th Session, 2007-2008

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Bill 144

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COMMITTEE REPORT

January 24, 2007

S. 144

Introduced by Senators Malloy, McConnell, Ford, Rankin, Knotts, Cleary, Vaughn, Campsen, Richardson, McGill, Elliott and Fair

S. Printed 1/24/07--S.    [SEC 1/25/07 3:24 PM]

Read the first time January 9, 2007.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Joint Resolution (S. 144) to create a Sentencing Guidelines Commission to review, study, and recommend legislation for sentencing guidelines, the parole system, and alternative sentencing procedures for non-violent offenders, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the joint resolution, as and if amended, page 1, SECTION 1, by striking lines 31-37 in their entirety and inserting:

/    SECTION    1.    (A)    There is established the South Carolina Sentencing Guidelines Commission composed of nine members as follows:

(1)    three members to be appointed by the Chairman of the Senate Judiciary Committee;

(2)    three members to be appointed by the Chairman of the House of Representatives Judiciary Committee; and

(3)    three members of the Judiciary to be appointed by the Chief Justice of the South Carolina Supreme Court.        /

Renumber sections to conform.

Amend title to conform.

GERALD MALLOY for Committee.

            

A JOINT RESOLUTION

TO CREATE A SENTENCING GUIDELINES COMMISSION TO REVIEW, STUDY, AND RECOMMEND LEGISLATION FOR SENTENCING GUIDELINES, THE PAROLE SYSTEM, AND ALTERNATIVE SENTENCING PROCEDURES FOR NON-VIOLENT OFFENDERS, AND TO PROVIDE FOR THE POWERS AND DUTIES OF THE COMMISSION.

Whereas, the General Assembly declares that the development of a rational and sound sentencing structure is in the best interest of South Carolina; and

Whereas, the General Assembly has determined to create an independent commission to review, study, and recommend legislation for sentencing guidelines, the parole system, and alternative sentencing procedure for non-violent offenders. Now, therefore,

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

SECTION    1.    (A)    There is established the South Carolina Sentencing Guidelines Commission composed of six members as follows:

(1)    three members to be appointed by the Chairman of the Senate Judiciary Committee; and

(2)    three members to be appointed by the Chairman of the House of Representatives Judiciary Committee.

(B)    The members of the commission shall elect one member to serve as chairman.

(C)    The primary duty of the Sentencing Guidelines Commission is to prepare a comprehensive report that reviews and recommends:

(1)    appropriate changes to current sentencing guidelines for all offenses for which a term of imprisonment of more than one year is allowed;

(2)    maintaining, amending, or abolishing the current parole system; and

(3)    guidelines for legislation for offenders for whom traditional imprisonment is not considered appropriate.

(D)    The purpose of the report is to enable the General Assembly to consider the Sentencing Guidelines Commission's findings and determine whether state laws should be amended.

(E)    In making its recommendations concerning guidelines, the commission must consider current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities.

(F)    The Sentencing Guidelines Commission must deliver its report and recommendations to the Chairman of the Senate Judiciary Committee and the Chairman of the House Judiciary Committee no later than May 29, 2008, and the commission shall terminate when the report is made.

(G)    The Chairman of the Senate Judiciary Committee shall provide appropriate staff for the Senate members and the Chairman of the House Judiciary Committee shall provide appropriate staff for the House members.

(H)    Members of the Sentencing Guidelines Commission may receive per diem, subsistence, and mileage as provided by law for members of state boards, committees, and commissions.

(I)    The commission is encouraged to apply for and may expend federal funds and grants and gifts it receives from other sources to carry out its duties and responsibilities.

SECTION    2.    This joint resolution takes effect upon approval by the Governor.

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