South Carolina General Assembly
123rd Session, 2019-2020

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Indicates Matter Stricken
Indicates New Matter

S. 512

STATUS INFORMATION

General Bill
Sponsors: Senator Malloy
Document Path: l:\s-jud\bills\malloy\jud0029.rem.docx

Introduced in the Senate on February 13, 2019
Currently residing in the Senate Committee on Corrections and Penology

Summary: Prisoners, calculation of time served

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/13/2019  Senate  Introduced and read first time (Senate Journal-page 8)
   2/13/2019  Senate  Referred to Committee on Corrections and Penology 
                        (Senate Journal-page 8)

View the latest legislative information at the website

VERSIONS OF THIS BILL

2/13/2019

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 24-13-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPUTATION OF TIME SERVED BY PRISONERS, SO AS TO PROVIDE THAT A PRISONER MUST BE GIVEN TWO DAYS OF CREDIT FOR EVERY ONE DAY SERVED IN CUSTODY PRIOR TO TRIAL AND SENTENCING.

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

SECTION    1.    Section 24-13-40 of the 1976 Code is amended to read:

"Section 24-13-40.    The computation of the time served by prisoners under sentences imposed by the courts of this State must be calculated from the date of the imposition of the sentence. However, when (a) a prisoner shall have given notice of intention to appeal, (b) the commencement of the service of the sentence follows the revocation of probation, or (c) the court shall have designated a specific time for the commencement of the service of the sentence, the computation of the time served must be calculated from the date of the commencement of the service of the sentence. In every case in computing the time served by a prisoner, full credit for two days against the sentence must be given for every one day time served prior to trial and sentencing, and credit may be given for any time spent under monitored house arrest. Provided, however, that credit for time served prior to trial and sentencing shall not be given: (1) when the prisoner at the time he was imprisoned prior to trial was an escapee from another penal institution; or (2) when the prisoner is serving a sentence for one offense and is awaiting trial and sentence for a second offense in which case he shall not receive credit for time served prior to trial in a reduction of his sentence for the second offense."

SECTION    2.    This act takes effect upon approval by the Governor.

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This web page was last updated on February 22, 2019 at 12:46 PM