Bill 75

                    Current Status

Bill Number:               75
Ratification Number:       169
Act Number                 96
Introducing Body:          Senate
Subject:                   Implementation of a supervised furlough
                           program for certain inmates

(A96, R169, S75)

AN ACT TO AMEND SECTION 24-13-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE IMPLEMENTATION OF A SUPERVISED FURLOUGH PROGRAM FOR CERTAIN INMATES AND THE GUIDELINES AND ELIGIBILITY CRITERIA THEREFOR, SO AS TO PROVIDE FURTHER WITH RESPECT TO THE ELIGIBILITY CRITERIA, PROVIDE FOR SUCH INMATES RELEASE ON FURLOUGH PRIOR TO PAROLE ELIGIBILITY AND UNDER SUPERVISION OF STATE PROBATION AND PAROLE AGENTS WITH THE PRIVILEGE OF RESIDING IN AN APPROVED RESIDENCE AND CONTINUING TREATMENT, TRAINING, OR EMPLOYMENT IN THE COMMUNITY UNTIL PAROLE ELIGIBILITY OR EXPIRATION OF SENTENCE, WHICHEVER IS EARLIER, AND PROVIDE THAT THE ELIGIBILITY REQUIREMENTS SHALL NOT APPLY TO THE CRIMES REFERRED TO IN THIS SECTION; TO AMEND ARTICLE 9 OF CHAPTER 13 OF TITLE 24 OF THE 1976 CODE, RELATING TO PRISONERS AND FURLOUGHS, BY ADDING SECTION 24-13-720 SO AS TO PROVIDE THAT, UNLESS SENTENCED TO LIFE IMPRISONMENT, AN INMATE UNDER THE JURISDICTION OR CONTROL OF THE DEPARTMENT OF CORRECTIONS SHALL BE PLACED WITH THE PROGRAM PROVIDED FOR IN SECTION 24-13-710 AT A CERTAIN TIME AND UNDER CERTAIN CONDITIONS; AND TO AMEND ARTICLE 3 OF CHAPTER 13 OF TITLE 24 OF THE 1976 CODE, RELATING TO PRISONERS, REDUCTION IN SENTENCE, AND EARLY RELEASE, BY ADDING SECTION 24-13-235 SO AS TO PROVIDE THAT THE GOVERNING BODY OF ANY COUNTY MAY AUTHORIZE THE SHERIFF OR OTHER OFFICIAL IN CHARGE OF COUNTY CORRECTIONAL FACILITIES TO OFFER A VOLUNTARY PROGRAM UNDER WHICH ANY PERSON COMMITTED TO SUCH FACILITY MAY PERFORM LABOR ON THE PUBLIC WORKS OR WAYS AND PROVIDE FOR, AMONG OTHER THINGS, REDUCTION OF CONFINEMENT, CERTAIN CONDITIONS, PROMULGATION OF REASONABLE REGULATIONS, DEFINITION OF "LABOR ON THE PUBLIC WORKS OR WAYS", AND AN ADMINISTRATIVE FEE, ALL WITH RESPECT TO SUCH PROGRAM.

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

Policies to be developed

SECTION 1. Section 24-13-710 of the 1976 Code, as added by Act 100 of 1981 and as last amended by Section 37, Part II, of Act 178 of 1981, is further amended to read:

"Section 24-13-710. The Department of Corrections and the Parole and Community Corrections Board will jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a supervised furlough program which will permit carefully screened and selected inmates who have served the mandatory minimum sentence as required by law or have not committed the crime of murder, armed robbery, criminal sexual assault, assault and battery with intent to kill, drug trafficking, or kidnapping to be released on furlough prior to parole eligibility and under the supervision of state probation and parole agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or expiration of sentence, whichever is earlier. The department and the Parole and Community Corrections Board shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough program as provided by this article. The two agencies shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal. The cooperative agreement between the two agencies will specify the responsibilities and authority for implementing and operating the program. Inmates approved and placed on the program will be under the supervision of agents of the Department of Parole and Community Corrections who will be responsible for insuring the inmate's compliance with the rules, regulations, and conditions of the program as well as monitoring the inmate's employment and participation in any of the prescribed and authorized community-based correctional programs such as vocational rehabilitation, technical education, and alcohol/drug treatment. Eligibility criteria for the program shall include, but are not limited to, all of the following requirements:

(1) Maintain a clear disciplinary record for at least six months prior to consideration for placement on the program.

(2) Demonstrate to Department of Corrections officials a general desire to become a law abiding member of society.

(3) Satisfy any other reasonable requirements imposed upon him by the Department of Corrections.

(4) Have an identifiable need for and willingness to participate in authorized community-based programs and rehabilitative services.

(5) Have been committed to the State Department of Corrections with a total sentence of five years or less as the first or second adult commitment for a criminal offense for which the inmate received a sentence of one year or more.

These requirements shall not apply to the crimes referred to in this section."

Inmate to be placed with program

SECTION 2. Article 9 of Chapter 13 of Title 24 of the 1976 Code, as added by Act 100 of 1981, is amended by adding:

"Section 24-13-720. Unless sentenced to life imprisonment, an inmate under the jurisdiction or control of the Department of Corrections shall, within six months of the expiration of his sentence, be placed with the program provided for in Section 24-13-710 and shall be subject to every rule, regulation, and condition of such program. No inmate otherwise eligible under the provisions of this section for placement with the program under Section 24-13-710 may be so placed unless he has maintained a clear disciplinary record for at least six months prior to eligibility for placement with such program."

Voluntary program

SECTION 3. Article 3 of Chapter 13 of Title 24 of the 1976 Code is amended by adding:

"Section 24-13-235. Notwithstanding any other provision of law, the governing body of any county may authorize the sheriff or other official in charge of county correctional facilities to offer a voluntary program under which any person committed to such facility may perform labor on the public works or ways. The confinement of the person must be reduced by one day for every eight hours of labor on the public works or ways performed by the person. As used in this section, 'labor on the public works or ways' means manual labor to improve or maintain public facilities, including, but not limited to, streets, parks, and schools.

The governing body of the county may prescribe reasonable regulations under which such labor is to be performed and may provide that such persons wear clothing of a distinctive character while performing such work.

Nothing contained in this section may be construed to require the sheriff or other such official to assign labor to a person pursuant to this section if it appears from the record that the person has refused to perform labor as assigned satisfactorily or has not satisfactorily complied with the reasonable regulations governing such assignment. A person is eligible for supervised work under this section only if the sheriff or other such official concludes that the person is a fit subject therefor.

If a court sentences a defendant to a period of confinement of fifteen days or more, the court may restrict or deny the defendant's eligibility for the supervised work program.

The governing body of the county may prescribe a program administrative fee, not to exceed the pro rata cost of administration, to be paid by each person in the program, according to the person's ability to pay."

Time effective

SECTION 4. This act shall take effect upon approval by the Governor.