Download This Bill in Microsoft Word format
Indicates Matter Stricken
Indicates New Matter
S. 69
STATUS INFORMATION
General Bill
Sponsors: Senator Malloy
Document Path: l:\s-res\gm\036time.sp.gm.docx
Introduced in the Senate on January 12, 2021
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
-------------------------------------------------------------------------------
12/9/2020 Senate Prefiled
12/9/2020 Senate Referred to Committee on Corrections and Penology
1/12/2021 Senate Introduced and read first time (Senate Journal-page 157)
1/12/2021 Senate Referred to Committee on Corrections and Penology
(Senate Journal-page 157)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND SECTION 24-13-40 OF THE 1976 CODE, RELATING TO THE COMPUTATION OF TIME SERVED BY PRISONERS, 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.
This web page was last updated on
January 13, 2021 at 10:16 AM