Bill 2250

                    Current Status

Bill Number:               2250
Ratification Number:       247
Act Number                 142
Introducing Body:          House
Subject:                   Sentencing guidelines for the circuit
                           courts

(A142, R247, H2250)

AN ACT TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 SO AS TO ESTABLISH THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION AND PROVIDE FOR ITS POWERS AND DUTIES INCLUDING THE AUTHORITY TO PROMULGATE ADVISORY SENTENCING GUIDELINES FOR THE CIRCUIT COURTS OF THIS STATE.

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

Sentencing Guidelines Commission established

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

"CHAPTER 27

SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION

Section 24-27-10. The General Assembly declares that the development of a rational and sound sentencing structure is in the best interest of South Carolina and has determined to create an independent commission to prescribe and promulgate advisory sentencing guidelines.

Section 24-27-20. There is established the South Carolina Sentencing Guidelines Commission composed of thirteen voting members as follows:

(1) A justice of the Supreme Court, appointed by the Supreme Court.

(2) Three circuit court judges, appointed by the Supreme Court.

(3) A member of the Senate Judiciary Committee designated by the chairman of the committee.

(4) A member of the House Judiciary Committee designated by the chairman of the committee.

(5) A member of the Senate Corrections and Penology Committee designated by the chairman of the committee.

(6) A member of the House Medical, Military, Public and Municipal Affairs Committee designated by the chairman of the committee.

(7) An attorney appointed by the Governor from a list of candidates submitted by the President of the South Carolina Bar.

(8) A representative of the Law School of the University of South Carolina or a representative of a South Carolina College of Criminal Justice, appointed by the Governor.

(9) A representative of the Governor's office, appointed by the Governor.

(10) The South Carolina Attorney General or his designee to serve in an ex officio capacity.

(11) The Chief of the State Law Enforcement Division or his designee to serve in an ex officio capacity.

In addition, there are four nonvoting members of the commission

as follows:

(a) An attorney appointed by the Governor from a list of candidates submitted by the Chairman of the South Carolina Circuit Solicitors' Association.

(b) The Chairman of the Commission on Appellate Defense, or his designee who must be a member of that commission or who must be the director of the commission.

(c) The Chairman of the State Board of Corrections, or his designee who must be a member of that board or who must be the Commissioner of the Department of Corrections.

(d) The Chairman of the Board of the Department of Parole and Community Corrections, or his designee who must be a member of that board or who must be the Commissioner or Executive Director of the Department of Parole and Community Corrections.

The appointed members of the commission shall serve for terms of four years each and until their successors are appointed and qualify. The members of the commission who are designated to serve by a particular person or official shall serve at the pleasure of that person or official making the designation and also only so long as the designated member holds the official position entitling him to membership on the commission. Members are eligible for reappointment, and any vacancy shall be filled in the manner of original appointment for the remainder of the unexpired term.

The members of the commission shall elect one member to serve as chairman for a term of one year. The members of the commission may also elect any additional officers they deem necessary for the efficient discharge of their duties. Members are eligible for reelection as officers of the commission.

Section 24-27-30. The South Carolina Sentencing Guidelines Commission has the following duties and responsibilities:

(1) The commission shall prescribe, on or before December 31, 1983, advisory sentencing guidelines for the general sessions courts for all offenses for which a term of imprisonment of greater than one year is allowed.

(2) The advisory guidelines prescribed by the commission shall establish:

(a) the circumstances under which imprisonment of an offender is proper;

(b) a range of fixed sentences for offenders for whom imprisonment is proper, based on each appropriate combination of reasonable offense and offender characteristics;

(c) a determination whether multiple sentences to terms of imprisonment should be ordered to run concurrently or consecutively.

(3) In establishing the advisory sentencing guidelines, the commission shall take into consideration current sentence and release practices and correctional resources, including, but not limited to, the capacities of local and state correctional facilities.

(4) The commission may also establish appropriate advisory sentencing guidelines for the general sessions courts for all offenses for which a term of imprisonment of one year or less is allowed.

(5) The commission may also establish appropriate advisory guidelines for offenders for whom traditional imprisonment is not deemed proper. Any advisory guidelines promulgated by the commission for offenders for whom traditional imprisonment is not deemed proper must make specific reference to noninstitutional sanctions.

(6) The commission, in addition to establishing advisory sentencing guidelines, shall serve as a clearing house and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices, and shall conduct ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating to the improvement of the criminal justice system. The commission shall make, from time to time, recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing.

(7) The commission may employ a staff director and other professional and clerical personnel upon the appropriation of sufficient funds by the General Assembly. The duties of the staff director and the other personnel of the commission must be set by the commission.

Section 24-27-40. The commission shall receive such funding as may be provided by the General Assembly and the commission is authorized to expend federal funds and grants and gifts it may receive from other sources for the purpose of carrying out its duties and responsibilities.

Section 24-27-50. The commission, by vote of a majority of the membership, has the power to establish general policies and promulgate regulations, subject to the State Administrative Procedures Act, as are necessary to carry out the purposes of this chapter.

The advisory guidelines prescribed and promulgated pursuant to Section 24-27-30 are also subject to the State Administrative Procedures Act.

Section 24-27-60. The commission shall recommend to the General Assembly a classification system based on maximum term of imprisonment for all South Carolina criminal offenses. Thereafter, the commission shall make, from time to time, recommendations to the General Assembly regarding changes in the classification system."

Commission to make recommendations

SECTION 2. The Sentencing Guidelines Commission shall recommend to the General Assembly one year after prescribing the advisory sentencing guidelines whether the advisory sentencing guidelines should become presumptive in nature and whether or not they should be coupled with appellate review.

Classification system to be recommended within one year after

effective date of act

SECTION 3. The classification system which the commission is required to recommend to the General Assembly must be recommended within one year after the effective date of this act.

Applicability

SECTION 4. This act in no way affects the current substantive law regarding the state's inability to appeal from the granting of a defendant's motion for directed verdict in a criminal trial.

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.