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459Ratification Number: 513Act Number: 462Introducing Body: SenateSubject: The Omnibus Criminal Justice Improvements Act Of 1986
(A462, R513, S459)
AN ACT TO ENACT "THE OMNIBUS CRIMINAL JUSTICE IMPROVEMENTS ACT OF 1986" WHICH INCLUDES PROVISIONS TO AMEND CHAPTER 25 OF TITLE 17, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUDGMENT AND EXECUTION, BY ADDING ARTICLE 2 SO AS TO CREATE A COMMUNITY PENALTIES PROGRAM IN EACH JUDICIAL CIRCUIT OF THIS STATE; TO AMEND THE 1976 CODE BY ADDING SECTION 24-21-475 SO AS TO PROVIDE FOR A SHOCK PROBATION PROGRAM FOR DEFENDANTS CONVICTED OF CERTAIN OFFENSES; TO AMEND THE 1976 CODE BY ADDING SECTIONS 24-21-480 AND 24-21-485 SO AS TO AUTHORIZE THE ESTABLISHMENT OF THE RESTITUTION CENTER PROGRAM WHERE CERTAIN OFFENDERS MAY BE PLACED AS A CONDITION OF PROBATION; TO AMEND SECTION 24-21-430, RELATING TO CONDITIONS OF PROBATION, SO AS TO AUTHORIZE FURTHER CONDITIONS OF PROBATION; TO AMEND CHAPTER 13 OF TITLE 24, RELATING TO PRISONERS, BY ADDING ARTICLE 11 SO AS TO ESTABLISH PROGRAMS FOR WORK/PUNISHMENT OF INMATES CONFINED TO LOCAL CORRECTIONAL FACILITIES; TO AMEND ARTICLE 3, CHAPTER 1 OF TITLE 42, RELATING TO WORKERS' COMPENSATION, BY ADDING SECTION 42-1-505 SO AS TO PROVIDE THAT THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS MAY ELECT TO COVER PERSONS IN ITS CUSTODY UNDER WORKERS' COMPENSATION; TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO PRISONERS, SO AS TO PROVIDE FOR CERTAIN WITHHOLDING FROM THE WAGES OF PRISONERS WORKING AT PAID EMPLOYMENT IN THE COMMUNITY FOR THE PURPOSE OF SUPPORTING CERTAIN VICTIM ASSISTANCE PROGRAMS; TO AMEND SECTION 24-21-13, RELATING TO PROBATION, PAROLE AND PARDON, SO AS TO AUTHORIZE THE PAROLE AND COMMUNITY CORRECTIONS BOARD TO DEVELOP POLICIES FOR PUBLIC SERVICE WORK PROGRAMS AND LITTER CONTROL PROGRAMS FOR CERTAIN OFFENDERS; TO AMEND ARTICLE 2, CHAPTER 23 OF TITLE 24, RELATING TO SENTENCING AND PROBATION PROCEDURES BY ADDING SECTION 24-23-115 SO AS TO AUTHORIZE THE COURT OF GENERAL SESSIONS TO REQUIRE DEFENDANTS CONVICTED OF A CRIMINAL OFFENSE TO PERFORM PUBLIC SERVICE WORK FOR SPECIFIED GOVERNMENTAL AGENCIES OR NONPROFIT ORGANIZATIONS; TO AMEND SECTION 20-7-1350, RELATING TO FAMILY COURTS, SO AS TO PROVIDE THAT FAMILY COURT JUDGES ARE EMPOWERED TO UTILIZE CERTAIN PUBLIC SERVICE WORK AS A PUNISHMENT FOR CONTEMPT OF COURT; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO CREDIT GIVEN CONVICTS FOR GOOD BEHAVIOR, SO AS TO PROVIDE FOR GOOD BEHAVIOR CREDIT TO BE GIVEN TO PRISONERS INCARCERATED IN A LOCAL CORRECTIONAL FACILITY; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO PRISONERS, SO AS TO PROVIDE THAT CERTAIN INMATES IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS MAY EARN CREDITS AGAINST THEIR SENTENCES FOR PARTICIPATING IN CERTAIN EDUCATIONAL OR VOCATIONAL PROGRAMS AND TO PROVIDE THAT INMATES SERVING SENTENCES IN LOCAL FACILITIES MAY EARN CREDITS AGAINST SENTENCE FOR PRODUCTIVE DUTY ASSIGNMENTS; TO AMEND SECTION 17-25-70, RELATING TO CERTAIN MALE CONVICTS WORKING ON CHAIN GANGS, SO AS TO AUTHORIZE THE OFFICIAL IN CHARGE OF A LOCAL CORRECTIONAL FACILITY TO REQUIRE ABLE-BODIED INMATES IN THE FACILITY TO PERFORM LABOR ON THE PUBLIC WORKS OR WAYS; TO REPEAL SECTION 17-25-90, RELATING TO THE REQUIRED PLACE TO SERVE CERTAIN SENTENCES; TO AMEND SECTION 24-3-1120, RELATING TO THE PRISON OVERCROWDING POWERS ACT, SO AS TO REVISE THE DEFINITION OF PRISONERS WHO QUALIFY FOR EARLY RELEASE UNDER THIS ACT; TO AMEND SECTION 24-3-1130, RELATING TO THE REQUIREMENTS FOR THE DECLARATION OF EMERGENCIES UNDER THE PRISON OVERCROWDING POWERS ACT, SO AS TO DELETE CERTAIN OF THESE REQUIREMENTS IN REGARD TO UTILIZATION OF TEMPORARY STRUCTURES AND UNUSED BUILDINGS; TO AMEND SECTION 24-3-1140, RELATING TO THE BOARD OF CORRECTIONS' DETERMINATION OF THE APPROPRIATENESS OF ACTIONS TO REDUCE THE PRISON POPULATION AND A REPORT TO THE GOVERNOR THEREON, SO AS TO FURTHER PROVIDE FOR THE CONTENTS OF THIS REPORT; TO AMEND SECTION 24-3-1160, RELATING TO THE POWERS OF THE GOVERNOR TO REDUCE THE PRISON POPULATION, SO AS TO FURTHER PROVIDE FOR THESE POWERS; TO AMEND SECTION 24-3-1170, RELATING TO THE ADVANCEMENT OF PRISONERS' RELEASE DATES, SO AS TO REQUIRE THAT A SPECIFIED NUMBER OF QUALIFIED PRISONERS MUST BE CONDITIONALLY RELEASED OR SPECIFIED FOR RELEASE; TO AMEND SECTION 24-3-1190, RELATING TO FURTHER ADVANCEMENT OF PRISONERS' RELEASE DATES, SO AS TO PROVIDE THAT DURING THE STATE OF EMERGENCY THE BOARD OF PAROLE AND COMMUNITY CORRECTIONS SHALL CONTINUE TO RELEASE PRISONERS MONTHLY UNTIL THE SPECIFIED NUMBER IS MET BUT THAT NO MORE THAN TWO HUNDRED INMATES MAY BE RELEASED IN ANY THIRTY-DAY PERIOD; TO AMEND SECTION 24-3-2020, RELATING TO REVOCATION OF CONDITIONAL ADVANCEMENT OF RELEASE DATES, SO AS TO FURTHER PROVIDE FOR THIS REVOCATION, TO AMEND SECTION 24-3-2030, RELATING TO THE PRESCRIBING OF THE CONDITIONS OF SUPERVISION UPON THE ADVANCEMENT OF RELEASE DATES, SO AS TO PROVIDE THAT THE BOARD OF PAROLE AND COMMUNITY CORRECTIONS SHALL RATE THE RISK OF INMATES TO THE COMMUNITY TO DETERMINE WHICH QUALIFIED PRISONERS ARE TO BE RELEASED, TO PROVIDE THAT THE DEPARTMENT OF PAROLE AND COMMUNITY CORRECTIONS SHALL NOTIFY THE VICTIM BEFORE RELEASING AN INMATE AND THE VICTIM IS ENTITLED TO SUBMIT A STATEMENT REGARDING THE RELEASE, AND TO FURTHER PROVIDE FOR THESE CONDITIONS OF SUPERVISION; TO REPEAL SECTION 24-3-2000, RELATING TO CERTAIN POWERS OF THE GOVERNOR UNDER THE PRISON OVERCROWDING POWERS ACT AND SECTION 24-3-2040, RELATING TO ADVANCEMENT OF RELEASE DATES TO BE INDEPENDENT OF ALL OTHER ADJUSTMENTS OF RELEASE DATES; TO AMEND SECTION 16-3-26, RELATING TO THE PUNISHMENT FOR MURDER AND THE SEEKING OF THE DEATH PENALTY, SO AS TO FURTHER PROVIDE FOR THE PAYMENT OF ATTORNEY'S FEES AND COSTS BY THE STATE FOR THE DEFENSE OF INDIGENTS IN THESE CASES; TO AMEND SECTION 16-3-20, AS AMENDED, RELATING TO THE PUNISHMENT FOR MURDER, SO AS TO PROVIDE THAT WHERE AN AGGRAVATING CIRCUMSTANCE IS FOUND AND A RECOMMENDATION OF THE DEATH PENALTY IS NOT MADE, THE COURT MUST IMPOSE A SENTENCE OF LIFE IMPRISONMENT WITHOUT ELIGIBILITY FOR PAROLE UNTIL THE SERVICE OF THIRTY YEARS, TO FURTHER PROVIDE FOR THESE AGGRAVATING CIRCUMSTANCES, TO PROVIDE THAT IF THE JURY FINDS AN AGGRAVATING CIRCUMSTANCE AND DOES NOT RECOMMEND THE DEATH PENALTY, ALL MEMBERS OF THE JURY SHALL IN WRITING DESIGNATE THE AGGRAVATING CIRCUMSTANCE FOUND, AND TO FURTHER PROVIDE FOR THE QUESTIONING OF THE JURY AND THE CERTIFICATION BY THE JURY IN WRITING OF THE FINDING OF AN AGGRAVATING CIRCUMSTANCE; TO AMEND SECTION 16-23-490, RELATING TO THE ADDITIONAL PENALTY FOR THE POSSESSION OF A FIREARM DURING THE COMMISSION OF CERTAIN CRIMES, SO AS TO PROVIDE THAT A PERSON CONVICTED OF COMMITTING OR ATTEMPTING TO COMMIT A VIOLENT CRIME WHILE IN THE POSSESSION OF A FIREARM OR WHO VISIBLY DISPLAYS A FIREARM OR KNIFE DURING THE COMMISSION OF A VIOLENT CRIME SHALL, IN ADDITION TO PUNISHMENT FOR THE CRIME, RECEIVE AN ADDITIONAL FIVE-YEAR TERM OF IMPRISONMENT AND TO PROVIDE CERTAIN EXCEPTIONS TO AND CONDITIONS OF THIS ADDITIONAL SENTENCE; TO DESIGNATE SECTION 1 OF ACT 185 OF 1977 AS SECTION 24-13-610 OF THE 1976 CODE WHICH RELATES TO THE AUTHORIZATION OF EXTENDED WORK RELEASE PROGRAMS AND TO AMEND SECTION 24-23-610 SO AS TO PROVIDE THAT NO PERSON CONVICTED OF MURDER OR CRIMINAL SEXUAL CONDUCT IN THE FIRST OR SECOND DEGREE MAY PARTICIPATE IN THIS EXTENDED WORK RELEASE PROGRAM; TO AMEND SECTION 24-21-640, AS AMENDED, RELATING TO THE CIRCUMSTANCES WARRANTING PAROLE, SO AS TO PROVIDE THAT PAROLE IS NOT AUTHORIZED TO ANY PRISONER SERVING A SENTENCE FOR A SECOND SUBSEQUENT CONVICTION FOR A VIOLENT CRIME; TO AMEND SECTION 24-21-645, RELATING TO PROVISIONAL PAROLE ORDERS, AND SECTION 24-21-650, AS AMENDED, RELATING TO PAROLE ORDERS, SO AS TO PROVIDE AT LEAST TWO-THIRDS OF THE MEMBERS OF THE BOARD OF PAROLE AND COMMUNITY CORRECTIONS MUST SIGN THESE ORDERS AUTHORIZING PAROLE FOR PERSONS CONVICTED OF A VIOLENT CRIME, AND TO PROVIDE UPON A NEGATIVE DETERMINATION OF THE PAROLE, PRISONERS IN CONFINEMENT FOR A VIOLENT CRIME MUST HAVE THEIR CASES REVIEWED EVERY TWO YEARS FOR THE PURPOSE OF A DETERMINATION OF PAROLE; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-60 SO AS TO PROVIDE FOR THE DEFINITION OF A VIOLENT CRIME; TO AMEND THE 1976 CODE BY ADDING SECTION 16-1-70 SO AS TO PROVIDE FOR THE DEFINITION OF A NONVIOLENT CRIME; TO AMEND SECTION 24-21-610, AS AMENDED, RELATING TO PART OF A SENTENCE REQUIRED TO BE SERVED BY A PRISONER AS A PREREQUISITE TO PAROLE, SO AS TO REVISE THE MINIMUM SENTENCES REQUIRED TO BE SERVED BY CERTAIN PRISONERS AS A PREREQUISITE TO PAROLE; TO AMEND SECTION 24-13-710, AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO REVISE THE TYPE OF INMATES WHO ARE NOT ELIGIBLE FOR THIS PROGRAM; TO AMEND SECTION 17-25-45, RELATING TO LIFE SENTENCES FOR PERSONS CONVICTED THREE TIMES OF CERTAIN CRIMES, SO AS TO REVISE THESE CRIMES AND TO PROVIDE THAT THIS SENTENCE MUST BE LIFE IMPRISONMENT WITHOUT PAROLE; TO PROVIDE THAT ANY STATE OR LOCAL PRISONER WHO IS NOT IN THE HIGHEST TRUSTY GRADE AND WHO IS ASSIGNED TO A WORK DETAIL OUTSIDE THE CONFINES OF ANY CORRECTIONAL FACILITY SHALL WEAR A STATEWIDE UNIFORM; TO PROVIDE THAT NO PERSON CONVICTED OF A VIOLENT CRIME CAN BE RELEASED BACK INTO THE COMMUNITY IN WHICH HE COMMITTED THE OFFENSE UNDER THE WORK RELEASE PROGRAM; TO AMEND SECTIONS 14-1-210, 14-1-220, AND 14-1-230, RELATING TO THE ESTABLISHMENT OF CERTAIN COST OF COURT FEES TO FUND LOCAL CORRECTIONAL FACILITIES, SO AS TO PROVIDE THAT NO COST OF COURT FEES MAY BE ASSESSED WHERE A TERM OF IMPRISONMENT ONLY IS IMPOSED AS THE PUNISHMENT AND TO REVISE THE PURPOSES FOR WHICH THESE FUNDS MAY BE USED; TO PROVIDE THAT ANY NEW PROGRAM ESTABLISHED UNDER THIS ACT OR ANY CHANGE IN ANY EXISTING PROGRAM MAY ONLY BE IMPLEMENTED TO THE EXTENT THAT APPROPRIATIONS FOR SUCH PROGRAMS HAVE BEEN AUTHORIZED BY THE GENERAL ASSEMBLY; TO PROVIDE FOR CERTAIN FACTORS WHICH MAY BE CONSIDERED WHEN DETERMINING THE LOCATION OF NEW CORRECTIONAL FACILITIES TO BE CONSTRUCTED BY THE STATE; AND TO AMEND SECTION 16-3-28, RELATING TO THE RIGHT OF THE DEFENDANT TO MAKE THE LAST ARGUMENT IN ANY CRIMINAL TRIAL WHERE THE MAXIMUM PENALTY THAT MAY BE IMPOSED IS DEATH, SO AS TO PROVIDE THAT THE DEFENDANT AND HIS COUNSEL SHALL HAVE THE RIGHT TO MAKE THE LAST ARGUMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Act may be cited
SECTION 1. This act may be cited as "The Omnibus Criminal Justice Improvements Act of 1986".
SECTION 2. The funds for implementing the provisions of the Community Penalties Program established in Section 3 of this act must be provided by the General Assembly in the annual general appropriations act from funds available pursuant to Section 14-1-210 of the 1976 Code.
Community Penalties Program
SECTION 3. Chapter 25 of Title 17 of the 1976 Code is amended by adding:
Community Penalties Programs
Section 17-25-140. For purposes of this article the following definitions apply:
(1) 'Targeted offenders' means criminal defendants not previously convicted of a violent crime as defined in Section 16-1-60 and who have not yet been convicted in a pending indictment and are determined by the community penalties program staff to face an imminent and substantial threat of imprisonment, with the exception of criminal defendants charged with a violent crime as defined in Section 16-1-60; provided, a targeted offender shall not mean a criminal defendant who has previously participated in a community penalties program or a pretrial intervention program.
(2) 'Community penalty plan' means a plan presented in writing to the solicitor and presiding judge after an adjudication of guilt which provides a detailed description of the targeted offender's proposed specific plan for sentencing in the case;
(3) 'Community penalties program' means an agency or individual within the judicial circuit which shall prepare community penalty plans and arrange or contract with public or private agencies for necessary services for offenders.
Section 17-25-145. The Department of Parole and Community Corrections must implement a community penalties program in each judicial circuit of the State. The Department at its discretion may operate the program or contract with public or private agencies for necessary services. Agencies or individuals may contract to prepare individual community penalty program plans for offenders in a particular judicial circuit as prescribed by the Department.
Section 17-25-150. (A) Each community penalties program is responsible for:
(1) targeting offenders who face an imminent and substantial threat of imprisonment;
(2) preparing detailed community penalty plans for presentation to the presiding judge by the offender's attorney;
(3) contracting or arranging with public or private agencies for services described in the community penalty plan;
(4) defining objectives of the Communities Penalties Programs;
(5) outlining goals for reduction of offenders committed to prison for each county within the circuit, and a system of monitoring the number of commitments to prison;
(6) developing procedures for obtaining services from existing public or private agencies and preparation of a detailed budget for staff, contracted services, and all other costs;
(7) developing procedures for cooperation with the probation personnel who have supervisory responsibility for the offender;
(8) outlining procedures for evaluating the program's effect on numbers of prison commitments;
(9) outlining procedures for returning offenders who do not comply with their community penalty plan to court for action by the court.
(B) Every community penalty plan must include the following:
(1) notification to the victim of the offender's placement in the program;
(2) solicitation of victim response into the offender's proposed community penalty;
(3) restitution to the victim by the offender within a specified period of time and in an amount to be determined by the court;
(4) payment of such fees and costs of the program by the offender unless the court grants a waiver due to indigency. Procedures for collecting a fee from offenders must be implemented based on a sliding scale according to income and ability to pay;
(5) procedures for returning offenders who do not comply with their community penalty plan to court for action by the court.
(C) Funds provided for use under the provisions of this article may not be used for the operating cost, construction, or any other cost associated with local jail confinement."
Judge may suspend sentence
SECTION 4. Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-475. In addition to any other terms or conditions of probation under Section 21-24-430, the judge may suspend a sentence for a defendant convicted of a nonviolent offense, as defined in Section 16-1-70, for which a term of imprisonment of five years or greater may be imposed, or as a revocation to probation, and transfer custody to the South Carolina Department of Corrections for hard labor for a period of ninety days as a condition of probation. No person who has attained the age of twenty-five years or more may be sentenced to this program.
Such defendant shall be housed separately from the general inmate population as far as is advisable and necessary. Successful program participation will result at the end of ninety days in transfer to the South Carolina Department of Parole and Community Corrections to complete the term of probation.
Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence.
No participant in the shock probation program shall earn credits under any statute or regulation, or any other benefits which may reduce the ninety-day period.
Before a court can place this condition upon the sentence, an initial investigation will be completed by the probation officer which will indicate that the probationer is qualified for such treatment in that the individual does not appear to be physically or mentally handicapped in a way that would prevent him from strenuous physical activity, that the individual has no obvious contagious diseases, and that the Department of Parole and Community Corrections has recommended placement of the individual in this program.
No probationer shall be admitted to the South Carolina Department of Corrections for participation in the shock probation program unless the Department of Corrections medically certifies that the probationer has no physical or mental handicaps or contagious diseases which would prevent strenuous physical activity or interaction with other probationers.
The Department of Parole and Community Corrections shall on the first day of each month, present to the Court a report detailing the availability of bed space in the shock probation program.
No person shall be made ineligible for this program by reason of gender."
SECTION 5. Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-480. The judge may suspend a sentence for a defendant convicted of a nonviolent offense as defined in Section 16-1-70, for which a term of imprisonment of greater than ninety days may be imposed, or as a revocation of probation, and may place the offender in a Restitution Center as a condition of probation. The Department of Parole and Community Corrections shall on the first day of each month, present to the General Sessions Court, a report detailing the availability of bed space in the Restitution Center program.
The Restitution Center is a program under the jurisdiction of the Department of Parole and Community Corrections.
The offender shall have paid employment and/or shall be required to perform public service employment up to a total of fifty hours per week.
The offender shall deliver his salary to the Restitution Center staff who shall distribute it in the following manner:
(1) restitution to the victim or payment to the account established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, as ordered by the court;
(2) payment of child support or alimony or other sums as ordered by a court;
(3) payment of any fines or court fees due;
(4) payment of six dollars and fifty cents per day for housing and food. This payment is in lieu of probation fees while in the Restitution Center. This fee must be deposited by the Department with the State Treasurer for credit to the same account as funds collected under Section 52, Part II, Act 201 of 1985;
(5) payment of any costs incurred while in the Restitution Center;
(6) if available, fifteen dollars per week for personal items.
The remainder must be deposited and given to the offender upon his discharge.
The offender must be in the Restitution Center for not more than six months, nor less than three months; provided, however, in those cases where the maximum term is less than one year the offender shall be in the Restitution Center for not more than ninety days nor less than forty-five days.
Upon release from the Restitution Center, the offender must be placed on probation for a term as ordered by the court.
Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence.
No person shall be made ineligible for this program by reason of gender.
Section 24-21-485. In order for the South Carolina Department of Parole and Community Corrections to establish and maintain restitution centers, the Board of Parole and Community Corrections may:
(1) develop policies and procedures for the operation of restitution centers;
(2) fund such other management options as may be advantageous to the State, including but not limited to contracting with public or nonpublic entities for management of restitution centers;
(3) lease buildings;
(4) develop standards for disciplinary rules to be imposed on residents of restitution centers;
(5) develop standards for the granting of emergency furloughs to participants."
Conditions of probation may be modified
SECTION 6. Section 24-21-430 of the 1976 Code is amended to read:
"Section 24-21-430. The court shall determine and may impose by order duly entered and may at any time modify the conditions of probation and may include among them any of the following or any other condition not herein prohibited.
The probationer shall:
(1) refrain from the violations of any state or federal penal laws;
(2) avoid injurious or vicious habits;
(3) avoid persons or places of disreputable or harmful character;
(4) permit the probation officer to visit at his home or elsewhere;
(5) work faithfully at suitable employment as far as possible;
(6) pay a fine in one or several sums as directed by the court;
(7) perform public service work as directed by the court;
(8) submit to a urinalysis and/or a blood test upon request of the probation agent;
(9) submit to curfew restrictions;
(10) submit to house arrest which shall be confinement in a residence for a period of twenty-four hours per day, with only those exceptions as the court may expressly grant in its discretion;
(11) submit to intensive surveillance which shall not include surveillance by electronic means;
(12) support his dependents; and
(13) follow the probation officer's instructions and advice regarding recreational and social activities."
Work/punishment of inmates
SECTION 7. Chapter 13 of Title 24 of the 1976 Code is amended by adding:
Work/Punishment of Inmates
Confined in Local Correctional Facilities
Section 24-13-910. Beginning January 1, 1988, local governing bodies may establish regulations consistent with regulations of the Department of Corrections, and administer a program under which a person convicted of an offense against this State or other local jurisdiction and confined in local correctional facilities, or punished for contempt of court in violation of Section 20-7-1350 and confined in a local correctional facility may, upon sentencing, and while continuing to be confined in the facility at all times other than when the prisoner is either seeking employment, working, attending his education, or traveling to or from the work or education location, be allowed to seek work and to work at paid employment in the community, be assigned to public works employment, or continue his education. Each governing body shall designate the sheriff or another official as the official in charge. A person sentenced under these provisions is eligible for programs under this article except that a person punished for a violation of Section 20-7-1350 is eligible for these programs only upon a finding by the sentencing judge that he is eligible.
Section 24-13-915. Wherever in the Code of Laws of South Carolina, 1976, reference is made to a local correctional facility, it shall mean a county or municipal correctional facility.
Section 24-13-920. If the inmate participating in the work/punishment program violates the regulations of the program relating to conduct or employment, as established by the local governing body, pursuant to Section 24-13-950, the inmate may be removed from the program on the direction of the official designated in charge by the local governing body.
Section 24-13-930. The earnings of each inmate participating in the work/punishment program, less payroll deductions required by law, must be collected by or surrendered to the official administering the program or his authorized representative. From these earnings, the official may deduct in the following order:
(a) any amount the inmate may be legally
obligated to pay, or that the inmate desires to pay, for the support of the inmate's dependents;
(b) any amount the inmate may be legally obligated to pay in restitution to the victim of his offense;
(c) not less than five dollars nor more than ten dollars per workday to offset the cost to the local facility providing food, lodging, supervision, clothing, and care to the inmate. Any remaining amount of the inmate's earnings must be credited to the inmate's earnings account to be disbursed to the inmate upon release or to be disposed of according to applicable regulations of the local correctional facility.
Section 24-13-940. The official administering the work/punishment program may contract with the South Carolina Department of Corrections or with other governmental bodies to allow inmates committed to serve sentences in the custody of the Department or in other local correctional facilities to participate in the program and be confined in the local correctional institution of the receiving official.
Section 24-13-950. The Department of Corrections shall, by January 1, 1987, develop standards for the operation of local inmate work programs. These standards must be included in the minimum standards for local detention facilities in South Carolina, established pursuant to Section 24-9-20, and the Department of Corrections shall monitor and enforce the standards established. The standards must be established to govern three types of local programs:
(1) voluntary work programs established pursuant to Section 24-13-235; and
(2) local work/punishment programs established pursuant to this article. The work/punishment standards shall include, but are not limited to, provisions insuring that rates of pay and general conditions of employment are not less than those provided to workers in the general public performing work of a similar nature in the same community, and provisions establishing reasonable criteria for the selection, humane treatment, and dismissal of inmates in local work/punishment programs; and
(3) local public work programs pursuant to Section 17-25-70."
Workers' compensation benefits
SECTION 8. Article 3, Chapter 1, of Title 42 of the 1976 Code is amended by adding:
"Section 42-1-505. The Department of Parole and Community Corrections may elect to cover convicted persons under its custody or supervision with workers' compensation benefits in accordance with the provisions of this title. For purposes of this subsection, the Department is considered the employer for those persons under its custody or supervision performing public service employment."
Wages of prisoners
SECTION 9. Section 24-3-40 of the 1976 Code, as last amended by Act 431 of 1980, is further amended to read:
"Section 24-3-40. The employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 shall pay the prisoner's wages directly to the Department of Corrections. The Commissioner of the Department of Corrections shall withhold five percent of the gross wages and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the 'Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404.' The Commissioner is further authorized to withhold from the wages such costs incident to the prisoner's confinement as the Board of Corrections considers appropriate and reasonable. These withholdings must be deposited to the maintenance account of the Department of Corrections. The balance of the wages may, in the discretion of the Board, and in such proportions determined by the Board, be disbursed to the prisoner, the prisoner's dependents, to the victim of the crime, or deposited to the credit of the prisoner."
Policies and procedures
SECTION 10. Section 24-21-13 of the 1976 Code, dealing with the Board of Parole and Community Corrections and as added by Act 100 of 1981, is amended to read:
"Section 24-21-13. It is the duty of the Board to oversee, manage, and control the Department. The Board shall develop written policies and procedures for the following:
(a) the supervising of offenders on probation, parole, and furlough;
(b) the granting of paroles and pardons;
(c) the operation of community based correctional programs; and
(d) the operation of public work sentence programs for offenders on probation, parole, supervised furlough, and persons released pursuant to the Prison Overcrowding Powers Act. This program can also be utilized as an alternative to technical revocations. The Board of Parole and Community Corrections shall establish priority programs for litter control along state and county highways. This must be included in the 'public service work' program."
Public service work
SECTION 11. Article 2, Chapter 23 of Title 24 is amended by adding:
"Section 24-23-115. Except as otherwise provided by law, Courts of General Sessions may require defendants convicted of a criminal offense to perform public service work not to exceed five hundred hours without pay for an agency of state, county, municipal, or federal government or for a nonprofit organization as a special condition of probation or as a condition of suspension of sentence. Except as otherwise provided by law, magistrate's and municipal courts may require defendants convicted of a criminal offense to perform public service work without pay for an agency of state, county, municipal, or federal government or for a nonprofit organization as a condition of suspension of sentence. This suspension of sentence shall include the number of hours of public service work to be performed not to exceed fifty hours.
The Board of Parole and Community Corrections shall establish by regulation pursuant to the Administrative Procedures Act a definition of the term 'public service work', and a mechanism for supervision of persons performing public service work.
No person shall be made ineligible for this program by reason of gender."
SECTION 12. Section 20-7-1350 of the 1976 Code is amended to read:
"Section 20-7-1350. Any adult who wilfully violates, neglects, or refuses to obey or perform any lawful order of the court, or who violates any provision of this chapter, may be proceeded against for contempt of court. Any adult found in contempt of court may be punished by a fine, a public work sentence, or by imprisonment in a local correctional facility, or any combination thereof, in the discretion of the court, but not to exceed imprisonment in a local correctional facility for one year, a fine of fifteen hundred dollars, or public work sentence of more than three hundred hours, or any combination thereof."
Reduction from term of sentence
SECTION 13. Section 24-13-210 of the 1976 Code, as last amended by Act 513 of 1980, is further amended to read:
"Section 24-13-210. (a) Each prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections including those prisoners serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good behavior credit shall be computed.
(b) Each prisoner convicted of an offense against this State and confined in a local correctional facility, or upon the public works of any county in this State, whose record of conduct shows that he has faithfully observed all the rules of the institution wherein he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good behavior credits must be computed.
(c) If, during the term of imprisonment, a prisoner commits any offense or violates any of the rules of the institution, all or any part of his good conduct time may be forfeited at the discretion of the Commissioner of the Department of Corrections, if the prisoner be confined in facilities of the department, or in the discretion of the local official having charge of prisoners sentenced to terms of imprisonment at the local level. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.
(d) Any person who has served the term for which he has been sentenced less deductions allowed therefrom for good conduct, is considered upon release to have served the entire term for which he was sentenced."
Reduction from term of sentence
SECTION 14. Section 24-13-230 of the 1976 Code, as last amended by Section 16 of Act 496 of 1978, is further amended to read:
"Section 24-13-230. (a) The Commissioner of the Department of Corrections may allow any prisoner in the custody of the Department, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. However, no inmate serving the sentence of life imprisonment is entitled to credits under this provision. A maximum annual credit for both work credit and class credit is limited to one hundred eighty days. The amount of credit to be earned for each duty classification or enrollment must be determined by the commissioner and published by him in a conspicuous place available to inmates at each correctional institution. No credits earned under this section may be applied in a manner which would prevent full participation in the Department's prerelease program.
(b) The official in charge of a local detention or correctional facility in which persons convicted of offenses against the State serve sentences of confinement shall allow any inmate serving such a sentence in the custody of the facility who is assigned to a mandatory productive duty assignment a reduction from the term of his sentence of zero to one day for every two days so employed. The amount of credit to be earned for each duty classification must be determined by the official in charge of the local detention or correctional facility and published by him in a conspicuous place available to inmates.
(c) (1) An individual is only eligible for the educational credits provided for in this section, upon successful participation in an academic, technical, or vocational training program.
(2) The educational credit provided for in this section, is not available to any individual convicted of a violent crime as defined in Section 16-1-60.
(d) The South Carolina Department of Corrections may not pay any tuition for college courses."
Prisoners may perform labor on public works or
SECTION 15. Section 17-25-70 of the 1976 Code is amended to read:
"Section 17-25-70. Notwithstanding any other provision of law, a local governing body may authorize the sheriff or other official in charge of this local correctional facility to require any able-bodied convicted person committed to such facility to perform labor on the public works or ways. Any convicted person physically capable of performing such labor who refuses to obey a direct order to perform such labor shall not be entitled to good behavior credits pursuant to Section 24-13-210 or productive duty credits pursuant to Section 24-13-230 herein; provided, however, that any inmate participating in a local work punishment or other public service sentence program shall not be arbitrarily removed from such program and required to perform work on the public works or ways."
SECTION 16. Section 17-25-90 of the 1976 Code is repealed.
SECTION 17. Item (i) of Section 24-3-1120 of the 1976 Code is amended to read:
"(i) 'Qualified prisoner' means prisoners convicted of nonviolent offenses as defined in Section 16-1-70."
SECTION 18. Item (c) of Section 24-3-1130 of the 1976 Code is amended to read:
"(c) Full appropriate utilization by the Board of Parole and Community Corrections of powers, the exercise of which tends to reduce the prison system population or expand operating capacity. The powers include but are not limited to:
(1) supervised furlough as provided for in Section 24-13-710;
(2) provisional parole as provided for in Section 24-21-645;
(3) parole as provided for in Section 24-21-610."
SECTION 19. Section 24-3-1140 of the 1976 Code is amended to read:
"Section 24-3-1140. Whenever the prison system population has exceeded operating capacity for thirty consecutive days, the Board of Corrections shall meet to determine whether there has been full appropriate exercise of the powers of the Board of Corrections and the Department of Corrections, the exercise of which tends to reduce the prison system population. The determination must be made within seven days after the thirtieth day of excessive prison system population. If the prison system population continues to exceed operating capacity, the Board of Corrections shall report this to the Governor, with a copy of the report to be provided to the Board of Parole and Community Corrections. The report shall include the prison system operating capacity, the prison system population during the relevant time period, and the determination of the Board of Corrections regarding the exercise by the Board of Corrections and Department of Corrections of prison population reduction powers and shall include the number of prisoners which should be released. The existence of conditions meeting the requirements of items (a) and (b) of Section 24-3-1130 notwithstanding, if the Board of Corrections concludes that a prison system overcrowding state of emergency should not be declared or commence, it shall state the conclusion and the reasons for the conclusion in the report to the Governor."
Powers of Governor
SECTION 20. Section 24-3-1160 of the 1976 Code is amended to read:
"Section 24-3-1160. Upon receipt of the report from the Board of Corrections and the report of the Board of Parole and Community Corrections, the Governor has the power to:
(a) determine to be in error the determination of either Board or both Boards that there had been full appropriate exercise of powers, the exercise of which tends to reduce prison population, in which case no state of emergency shall commence; or
(b) determine that commencement of a state of emergency would be injurious to the public good, or raises the potential of threatening the safety of the public in the State as a whole or in a particular community, in which case no state of emergency shall commence; or
(c) determine that the reports establish the existence of the conditions for declaration of a prison system overcrowding state of emergency, as described in Section 24-3-1130, and declare a state of emergency specifying the number of prisoners to be released; or
(d) determine to be in error the determination of any Board reporting less than full appropriate exercise of prison population reduction powers and declare a state of emergency specifying the number of prisoners to be released.
If, fourteen days after the receipt of the reports to the Governor pursuant to Section 24-3-1140 and Section 24-3-1150 indicating that conditions meeting the requirements of items (a), (b), and (c) of Section 24-3-1130 exist, the Governor has exercised none of the powers prescribed in item (a), (b), or (c) of this section, a prison system overcrowding state of emergency is considered to have commenced. If, fourteen days after the receipt of the reports to the Governor pursuant to Section 24-3-1140 and Section 24-3-1150 indicating that prison population reduction powers have not been fully utilized, the Governor has not exercised power under item (d) of this section, action under this article is considered terminated.
If the Governor exercises a power under item (a) or (b) of this section, he shall state the reasons for the exercise of a power in notification of his action to the Board of Corrections, the Board of Parole and Community Corrections, and the members of the General Assembly. In this instance, a thirty-day period of prison system overcrowding, as provided in item (a) of Section 24-3-1130, may commence as of the date of notification of action under item (a) or (b) of this section."
State of emergency
SECTION 21. Section 24-3-1170 of the 1976 Code is amended to read:
"Section 24-3-1170. Upon the declaration or commencement of a state of emergency, a specified number of qualified prisoners must be conditionally released by the Department of Parole and Community Corrections. If the Governor declared the state of emergency, the number of inmates must be specified in the declaration. If a state of emergency commences without declaration, the number of prisoners to be released must be the amount recommended by the Board of Corrections in its report to the Governor under Section 24-3-1140."
Prisoners to be released
SECTION 22. Section 24-3-1190 of the 1976 Code is amended to read:
"Section 24-3-1190. During the state of emergency the Board of Parole and Community Corrections shall continue to release prisoners monthly until the specified number is met; however, no more than two hundred inmates may be released in any thirty-day period pursuant to the Prison Overcrowding Powers Act."
Revocation of conditional advancement
SECTION 23. Section 24-3-2020 of the 1976 Code is amended to read:
"Section 24-3-2020. Revocation of conditional advancement of the release date awarded pursuant to this article is a permissible prison disciplinary action according to the same procedures governing the forfeiture of credits for good behavior as a prison disciplinary action."
Determination as to which prisoners to be
SECTION 24. Section 24-3-2030 of the 1976 Code is amended to read:
"Section 24-3-2030. The Board of Parole and Community Corrections shall prescribe policies and procedures pursuant to the Administrative Procedures Act to rate the risk of inmates to the community to determine which qualified prisoners are to be released. Prisoners must be released based on an evaluation of risk. The risk assessment model shall be developed by the Department of Parole and Community Corrections to include but not be limited to the following types of factors: nature and seriousness of the current and any prior offenses, institutional record, and prior performance under criminal justice supervision. Priority must be given to prisoners who have served a substantial portion of their sentence; provided, that qualified inmates given a sentence of two years or more may not be released before completing so much of their sentence as to be eligible for parole. For purposes of this section, calculation of parole eligibility will be based on actual time served in incarceration not reduced by earned credits under any provision of law. The Department of Parole and Community Corrections shall notify victims pursuant to Section 16-3-1530(c) before releasing inmates through the Prison Overcrowding Emergency Powers Act requesting the opinion of the victim. The Department of Parole and Community Corrections shall have authority to deny release based upon the victim's statement.
The Board of Parole and Community Corrections shall prescribe conditions of supervision consistent with existing regulations applicable after release from the jurisdiction of the Department of Corrections. While under the supervision of the Board of Parole and Community Corrections, under this article, releasees are considered to be in the legal custody of the Board of Parole and Community Corrections. In every case, supervision by a parole agent after release from prison shall be for a period equal to the remainder of the term of his imprisonment. Violation after release and during the term of supervision under this section may be the basis, under the procedures of Section 24-21-680, for revocation of release and return of the releasee to the Department of Corrections for imprisonment and to serve his sentence as though he had not been released. No credit on the time of the sentence is given for time elapsing between release and revocation."
SECTION 25. Sections 24-3-2000 and 24-3-2040 of the 1976 Code are repealed.
Solicitor to notify defense attorney
SECTION 26. Section 16-3-26 of the 1976 Code is amended to read:
"Section 16-3-26. (A) Whenever the Solicitor seeks the death penalty he shall notify the defense attorney of his intention to seek such penalty at least thirty days prior to the trial of the case. At the request of the defense attorney, the defense attorney shall be excused from all other trial duties ten days prior to the term of court in which the trial is to be held.
(B) Whenever any person is charged with murder and the death penalty is sought, the court, upon determining that such person is unable financially to retain adequate legal counsel, shall appoint two attorneys to defend such person in the trial of the action. One of the attorneys so appointed shall have at least five years' experience as a licensed attorney and at least three years' experience in the actual trial of felony cases, and only one of the attorneys so appointed shall be the Public Defender or a member of his staff.
Notwithstanding any other provision of law, the court shall order payment of fees and costs, not to exceed five thousand dollars per trial from funds appropriated for the defense of indigents.
(C) Upon a finding in ex parte proceedings that investigative, expert, or other services are reasonably necessary for the representation of the defendant whether in connection with issues relating to guilt or sentence, the court shall authorize the defendant's attorneys to obtain such services on behalf of the defendant and shall order the payment, from state funds appropriated for the defense of indigents, of fees and expenses not to exceed twenty-five hundred dollars as the court shall deem appropriate. Upon a finding that timely procurement of such services cannot await prior authorization, the court may authorize the provision of and payment for such services nunc pro tunc."
SECTION 27. Section 16-3-20 of the 1976 Code, as last amended by Act 104 of 1985, is further amended to read:
"Section 16-3-20. (A) A person who is convicted of or pleads guilty to murder must be punished by death or by imprisonment for life and is not eligible for parole until the service of twenty years, provided, however, that when the State seeks the death penalty and an aggravating circumstance is specifically found beyond a reasonable doubt pursuant to subsections (B) and (C), and a recommendation of death is not made, the court must impose a sentence of life imprisonment without eligibility for parole until the service of thirty years. Provided, further, that under no circumstances may a female who is pregnant with child be executed so long as she is in that condition. When the Governor commutes a sentence of death under the provisions of Section 14 of Article IV of the Constitution of South Carolina, 1895, the commutee is not eligible for parole. No person sentenced under the provisions of this subsection may receive any work-release credits, good-time credits, or any other credit that would reduce the mandatory imprisonment required by this subsection.
(B) Upon conviction or adjudication of guilt of a defendant of murder, the court shall conduct a separate sentencing proceeding to determine whether the defendant should be sentenced to death or life imprisonment. The proceeding shall be conducted by the trial judge before the trial jury as soon as practicable after the lapse of twenty-four hours unless waived by the defendant. If trial by jury has been waived by the defendant and the State, or if the defendant pleaded guilty, the sentencing proceeding shall be conducted before the court. In the sentencing proceeding, the jury or judge shall hear additional evidence in extenuation, mitigation, or aggravation of the punishment. Only such evidence in aggravation as the State has made known to the defendant in writing prior to the trial shall be admissible. This section shall not be construed to authorize the introduction of any evidence secured in violation of the Constitution of the United States or the State of South Carolina or the applicable laws of either. The State, the defendant, and his counsel shall be permitted to present arguments for or against the sentence to be imposed. The defendant and his counsel shall have the closing argument regarding the sentence to be imposed.
(C) The judge shall consider, or he shall include in his instructions to the jury for it to consider, any mitigating circumstances otherwise authorized or allowed by law and any of the following statutory aggravating and mitigating circumstances which may be supported by the evidence:
(a) Aggravating circumstances:
(1) Murder was committed while in the commission of the following crimes or acts: (a) criminal sexual conduct in any degree, (b) kidnapping, (c) burglary in any degree,(d) robbery while armed with a deadly weapon, (e) larceny with use of a deadly weapon, (f) killing by poison, and (g) physical torture;
(2) Murder was committed by a person with a prior record of conviction for murder;
(3) The offender by his act of murder knowingly created a great risk of death to more than one person in a public place by means of a weapon or device which would normally be hazardous to the lives of more than one person;
(4) The offender committed the offense of murder for himself or another, for the purpose of receiving money or any other thing of monetary value;
(5) The murder of a judicial officer, former judicial officer, solicitor, former solicitor, or other officer of the court during or because of the exercise of his official duty;
(6) The offender caused or directed another to commit murder or committed murder as an agent or employee of another person;
(7) The offense of murder was committed against any peace officer or former peace officer, corrections employee or former corrections employee, or fireman or former fireman during or because of the performance of his official duties;
(8) Murder wherein two or more persons are murdered by the defendant by one act or pursuant to one scheme or course of conduct;
(9) The murder of a child eleven years of age or under.
(b) Mitigating circumstances:
(1) The defendant has no significant history of prior criminal conviction involving the use of violence against another person.
(2) The murder was committed while the defendant was under the influence of mental or emotional disturbance;
(3) The victim was a participant in the defendant's conduct or consented to the act;
(4) The defendant was an accomplice in the murder committed by another person and his participation was relatively minor;
(5) The defendant acted under duress or under the domination of another person;
(6) The capacity of the defendant to appreciate the criminality of his conduct or to conform his conduct to the requirements of law was substantially impaired;
(7) The age or mentality of the defendant at the time of the crime;
(8) The defendant was provoked by the victim into committing the murder;
(9) The defendant was below the age of eighteen at the time of the crime.
The statutory instructions as to aggravating and mitigating circumstances shall be given in charge and in writing to the jury for its deliberation. The jury, if its verdict be a recommendation of death, shall designate in writing, and signed by all members of the jury, the aggravating circumstance or circumstances which it found beyond a reasonable doubt. The jury, if it does not recommend death, after finding an aggravating circumstance or circumstances beyond a reasonable doubt, shall, in writing, and signed by all members of the jury, designate the aggravating circumstance or circumstances it found beyond a reasonable doubt. In nonjury cases the judge shall make such designation. Unless at least one of the statutory aggravating circumstances enumerated in this section is so found, the death penalty shall not be imposed.
Where a statutory aggravating circumstance is found and a recommendation of death is made, the court shall sentence the defendant to death. The trial judge, prior to imposing the death penalty, shall find as an affirmative fact that the death penalty was warranted under the evidence of the case and was not a result of prejudice, passion, or any other arbitrary factor. Where a sentence of death is not recommended by the jury, the court shall sentence the defendant to life imprisonment as provided in subsection (A). In the event that all members of the jury after a reasonable deliberation cannot agree on a recommendation as to whether or not the death sentence should be imposed on a defendant found guilty of murder, the trial judge shall dismiss such jury and shall sentence the defendant to life imprisonment as provided in subsection (A). Before dismissing the jury, the trial judge shall question the jury as to whether or not it found an aggravating circumstance or circumstances beyond a reasonable doubt. If the jury has found an aggravating circumstance or circumstances beyond a reasonable doubt, the jury shall designate this finding, in writing, signed by all the members of the jury. The jury shall not recommend the death penalty if the vote for such penalty is not unanimous as provided.
(D) Notwithstanding the provisions of Section 14-7-1020, in cases involving capital punishment any person called as a juror shall be examined by the attorney for the defense.
(E) In every criminal action in which a defendant is charged with a crime which may be punishable by death, a person may not be disqualified, excused, or excluded from service as a juror therein by reason of his beliefs or attitudes against capital punishment unless such beliefs or attitudes would render him unable to return a verdict according to law."
Conviction for committing or attempting to
commit violent crimes
SECTION 28. Section 16-23-490 of the 1976 Code is amended to read:
"Section 16-23-490. Any person who is convicted of committing or attempting to commit a violent crime as defined in Section 16-1-60, if the person is in possession of a firearm or visibly displays what appears to be a firearm or visibly displays a knife during the commission of the violent crime, shall, in addition to the punishment provided for the crime, be punished by a term of imprisonment of five years; provided, that this five-year sentence does not apply in cases where the death penalty or a life sentence without parole is imposed for the violent crime. Service of this five-year sentence is mandatory unless a longer mandatory minimum term of imprisonment is provided by law for the violent crime. The court may impose this mandatory five-year sentence to run consecutively or concurrently. The person so sentenced under this section is not eligible during this five-year period for parole, work release, or extended work release. Such five years may not be suspended and the person may not complete his term of imprisonment in less than five years pursuant to good time credits or work credits; however, the person may earn credits during this period.
As used in this section, 'firearm' means any machine gun, automatic rifle, revolver, pistol, or any weapon which will, or is designed to, or may readily be converted to expel a projectile; 'knife' means an instrument or tool consisting of a sharp cutting blade whether or not fastened to a handle which is capable of being used to inflict a cut, slash, or wound.
No such additional punishment may be imposed unless the indictment alleged as a separate count that the person was in possession of a firearm or visibly displayed what appeared to be a firearm or visibly displays a knife during the commission of the violent crime and conviction was had upon this count in the indictment. The penalties prescribed in this section may not be imposed unless the person convicted was at the same time indicted and convicted of a violent crime as defined in Section 16-1-60."
Extended work release program
SECTION 29. (A) Section 1 of Act 185 of 1977, as amended by Act 100 of 1981, is officially designated as Section 24-13-610 of the 1976 Code.
(B) Section 24-13-610 of the 1976 Code is amended to read:
"Section 24-13-610. The Department of Corrections (department) may establish an extended work release program. The program may allow the exceptional regular work release resident, male or female, convicted of a first and not more than a second offense, the opportunity of extended work release placement in the community with the privilege of residing with an approved community sponsor and continuing employment in the community; provided, that no person convicted of murder or criminal sexual conduct in the first or second degree may participate in this extended work release program."
Prisoner may be paroled
SECTION 30. Section 24-21-640 of the 1976 Code, as last amended by Act 100 of 1981, is further amended to read:
"Section 24-21-640. The Board shall carefully consider the record of the prisoner before and after imprisonment, and no such prisoner may be paroled until it shall appear to the satisfaction of the Board: that the prisoner has shown a disposition to reform; that, in the future he will probably obey the law and lead a correct life; that by his conduct he has merited a lessening of the rigors of his imprisonment; that the interests of society will not be impaired thereby; and, that suitable employment has been secured for him. The Board shall establish written, specific criteria for the granting of parole and provisional parole. This criteria shall reflect all of the aspects of this section. The criteria must be made available to all prisoners at the time of their incarceration and the general public. The paroled prisoner shall, as often as may be required, render a written report to the Board giving that information as may be required by the Board which must be confirmed by the person in whose employment the prisoner may be at the time. The Board shall not grant parole nor is parole authorized to any prisoner serving a sentence for a second or subsequent conviction, following a separate sentencing for a prior conviction, for violent crimes as defined in Section 16-1-60. Provided that where more than one included offense shall be committed within a one-day period or pursuant to one continuous course of conduct, such multiple offenses shall be treated for purposes of this section as one offense."
Order authorizing parole
SECTION 31. Section 24-21-645 of the 1976 Code, added by Act 100 of 1981, is amended to read:
"Section 24-21-645. The Board may issue an order authorizing the parole which must be signed either by a majority of its members or by all three members meeting as a parole panel on the case, ninety days prior to the effective date of the parole; provided that at least two-thirds of the members of the Board must authorize and sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. A provisional parole order shall include the terms and conditions, if any, to be met by the prisoner during the provisional period and terms and conditions, if any, to be met upon parole. Upon satisfactory completion of the provisional period, the Executive Director or one lawfully acting for him, shall issue an order, which, if accepted by the prisoner, shall provide for his release from custody.
Provided, that upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their cases reviewed every two years for the purpose of a determination of parole."
SECTION 32. Section 24-21-650 of the 1976 Code, as last amended by Act 110 of 1977, is further amended to read:
"Section 24-21-650. The Board shall issue an order authorizing the parole which must be signed by at least a majority of its members, with terms and conditions, if any; provided that at least two-thirds of the members of the Board must sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. Thereupon the supervisor of parole, or one lawfully acting for him, shall issue a parole order, which, if accepted by the prisoner, shall provide for his release from custody.
Provided, that upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their cases reviewed every two years for the purpose of a determination of parole."
Definition of violent crime
SECTION 33. The 1976 Code is amended by adding:
"Section 16-1-60. For purposes of definition under South Carolina law a violent crime includes the offenses of murder, criminal sexual conduct in the first and second degree, assault and battery with intent to kill, kidnapping, voluntary manslaughter, armed robbery, drug trafficking as defined in Section 44-53-370(e), arson in the first degree, burglary in the first degree, and burglary in the second degree under Section 16-11-312(B)."
SECTION 34. The 1976 Code is amended by adding:
"Section 16-1-70. For purposes of definition under South Carolina law a nonviolent crime is all offenses not specifically enumerated in Section 16-1-60."
Parole of prisoner
SECTION 35. Section 24-21-610 of the 1976 Code, as last amended by Act 482 of 1984, is further amended to read:
"Section 24-21-610. In all cases cognizable under this chapter the Board may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, parole a prisoner convicted of a crime and imprisoned in the state penitentiary, in any jail, or upon the public works of any county who if:
(1) sentenced for not more than thirty years has served at least one-third of the term;
(2) sentenced to life imprisonment or imprisonment for any period in excess of thirty years, has served at least ten years.
If after January 1, 1984, the Board finds that the statewide case classification system provided for in Chapter 23 of this title has been implemented, that an intensive supervision program for parolees who require more than average supervision has been implemented, that a system for the periodic review of all parole cases in order to assess the adequacy of supervisory controls and of parolee participation in rehabilitative programs has been implemented, and that a system of contracted rehabilitative services for parolees is being furnished by public and private agencies, then in all cases cognizable under this chapter the Board may, upon ten days' written notice to the solicitor and judge who participated in the trial of any prisoner, to the victim or victims, if any, of the crime, and to the sheriff of the county where the prisoner resides or will reside, parole a prisoner who if sentenced for a violent crime as defined in Section 16-1-60, has served at least one-third of the term or the mandatory minimum portion of sentence, whichever is longer. For any other crime the prisoner shall have served at least one-fourth of the term of a sentence or if sentenced to life imprisonment or imprisonment for any period in excess of forty years, has served at least ten years.
The provisions of this section do not affect the parole ineligibility provisions for murder, armed robbery, and drug trafficking as set forth respectively in Section 16-3-20, Section 16-11-330, and subsection (e) of Section 44-53-370.
In computing parole eligibility, no deduction of time may be allowed in any case for good behavior, but after June 30, 1981, there must be deductions of time in all cases for earned work credits, notwithstanding the provisions of Sections 16-3-20, 16-11-330, and 24-13-230.
Notwithstanding the provisions of this section, the Board may parole any prisoner not sooner than one year prior to the prescribed date of parole eligibility when, based on medical information furnished to it, the Board determines that the physical condition of the prisoner concerned is so serious that he would not be reasonably expected to live for more than one year. Notwithstanding any other provision of this section or of law, no prisoner who has served a total of ten consecutive years or more in prison may be paroled until the Board has first received a report as to his mental condition and his ability to adjust to life outside the prison from a duly qualified psychiatrist or psychologist."
Policies, procedures, etc. to be developed
SECTION 36. Section 24-13-710 of the 1976 Code, as last amended by Act 96 of 1983, 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 a violent crime as defined in Section 16-1-60 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.
The Department of Corrections shall notify victims pursuant to Section 16-3-1530(c) as well as the sheriff's office of the place to be released before releasing inmates through any supervised furlough program.
These requirements shall not apply to the crimes referred to in this section."
Life imprisonment without parole
SECTION 37. Section 17-25-45 of the 1976 Code is amended to read:
"Section 17-25-45. (1) A. Notwithstanding any other provision of law, any person who has three convictions under the laws of this State, any other state, or the United States, for a violent crime as defined in Section 16-1-60 except a crime for which a sentence of death has been imposed shall, upon the third conviction in this State for such crime, be sentenced to life imprisonment without parole.
B. For the purpose of this section only, a conviction is considered a second conviction only if the date of the commission of the second crime occurred subsequent to the imposition of the sentence for the first offense. A conviction is considered a third conviction only if the date of the commission of the third crime occurred subsequent to the imposition of the sentence for the second offense. Convictions totaling more than three must be determined in a like manner.
(2) The decision to invoke sentencing under subsection (1) shall be in the discretion of the solicitor."
Uniform to be worn
SECTION 38. Notwithstanding any other provision of law, any State or local prisoner who is not in the highest trusty grade and who is assigned to a work detail outside the confines of any correctional facility shall wear a statewide uniform. The uniform must be of such a design and color as to easily be identified as a prisoner's uniform and stripes must be used in the design. The Department of Corrections Division of Prison Industries shall manufacture the statewide uniform and make it available for sale to the local detention facilities. The commissioner of the Department of Corrections may determine, in his discretion, that the provisions of this section do not apply to certain prisoners.
Conditions of work release program
SECTION 39. No offender committed to incarceration under Section 16-1-60 of the 1976 Code can be released back into the community in which he committed the offense under the work release program.
SECTION 40. (A) Sections 14-1-210, 14-1-220, and 14-1-230 of the 1976 Code as established by Section 52 of Part II of Act 201 of 1985 are amended to read:
"Section 14-1-210. (A) Beginning on July 1, 1985, and continuously thereafter, each conviction for an offense against the State must be assessed a cost of court fee to fund programs established pursuant to Chapter 21 of Title 24.
Every such conviction must, in addition to any other assessments provided by law, be assessed a cost of court fee in accordance with the following schedule:
(1) every conviction for an offense in the magistrates' courts or municipal courts of this State must be assessed a cost of court fee of seven dollars and seventy-five cents; the cost of court fee set forth herein may not be suspended, except for traffic offenses of an expired tag on a vehicle and an expired inspection sticker, and must be collected by the municipal and magistrate's court regardless of the amount of fine or bond imposed. No cost of court fee may be assessed in municipal or magistrate's court where a term of imprisonment only is imposed as the punishment.
(2) every conviction for an offense in the general sessions courts must be assessed:
(a) a cost of court fee of seven dollars and seventy-five cents where no criminal fine is imposed; or
(b) an additional twenty percent of the total of a criminal fine imposed. No cost of court fee may be assessed in general sessions court where a term of imprisonment only is imposed as the punishment.
Section 14-1-220. Each city recorder, mayor, or municipal clerk of court or other person who receives monies from the cost of court assessments in criminal or traffic cases in the municipal courts shall transmit all these monies to the Office of State Treasurer. Each county clerk of court, magistrate, or other person who receives monies from the cost of court assessments in general sessions or magistrates courts shall transmit all these monies to the county treasurer of the county. These transmittals must be made no less frequently than once each month, and must be completed on or before the fifteenth day of the month following the month being reported. The municipal clerk of court or county treasurer shall then forward the total sum collected to the State Treasurer on or before the twenty-fifth day of the month. Any municipality in this State may enter into a mutual agreement with the county in which it is located to provided for joint collections and transmittals under those terms and conditions as the respective bodies may agree. In these cases, receipts and transmittals required by this section shall reflect, in the report of transmittal to the State Treasurer, the collection and forwarding of all monies from the named sources.
The Department of Parole and Community Corrections shall deposit with the State Treasurer funds collected from offenders in restitution centers for credit to the same account as funds collected under Section 14-1-210.
Section 14-1-230. The State Treasurer shall record, before the last day of that same month, the total monthly submissions of monies from the respective county treasurers and municipal clerks of courts, and the Department of Parole and Community Corrections shall deposit these monies into a separate and restricted account. Funds deposited to this account shall remain in the account from fiscal year to fiscal year and shall be available to the General Assembly for appropriation to programs established pursuant to Chapter 21 of Title 24.
(B) The provisions of this section shall take effect July 1, 1985."
Implementation of new program
SECTION 41. Any new program established under this act or any change in any existing program may only be implemented to the extent that appropriations for such programs have been authorized by the General Assembly.
Location of new correctional facilities
SECTION 42. Consideration for the location of new correctional facilities constructed by the State may be given to counties with high unemployment rates, as determined by the Research and Statistical Services Division of the State Budget and Control Board, provided that such location does not impede the ability of the correctional facility to (1) have access to gainful employment for any inmates who may qualify under requirements for restitution or other correctional programs, and (2) acquire necessary goods and services, including adequate water, sewer, electrical, and telephone or other communication systems. The provisions of this section apply only if the governing body of the county requests that a facility be constructed in its county. Provided, that the provisions of this section shall not affect any sites selected by the State Board of Corrections prior to the effective date of this section.
Right to make last argument
SECTION 43. Section 16-3-28 of the 1976 Code is amended to read:
"Section 16-3-28. Notwithstanding any other provision of law, in any criminal trial where the maximum penalty is death or in a separate sentencing proceeding following such trial, the defendant and his counsel shall have the right to make the last argument."
SECTION 44. This act shall take effect upon approval by the Governor; provided, however, that Sections 17 through 25 shall take effect January 1, 1987.