Bill 465

                    Current Status

Bill Number:               465
Ratification Number:       67
Act Number                 40
Introducing Body:          Senate
Subject:                   Supervised furlough program under the
                           Omnibus Criminal Justice Improvements Act of
                           1986

(A40, R67, S465)

AN ACT TO AMEND SECTION 24-13-710, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE SUPERVISED FURLOUGH PROGRAM UNDER THE OMNIBUS CRIMINAL JUSTICE IMPROVEMENTS ACT OF 1986, SO AS TO NOT INCLUDE INMATES WITHIN THE PROGRAM WHO HAVE COMMITTED THE CRIME OF CRIMINAL SEXUAL CONDUCT IN THE THIRD DEGREE OR HAVE COMMITTED OR ATTEMPTED A LEWD ACT UPON A CHILD UNDER THE AGE OF FOURTEEN.

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

Supervised furlough program

SECTION 1. Section 24-13-710 of the 1976 Code, as last amended by Act 462 of 1986, is further amended to read:

"Section 24-13-710. The Department of Corrections and the Parole and Community Corrections Board shall jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a supervised furlough program which permits 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 nor committed the crime of criminal sexual conduct in the third degree as defined in Section 16-3-657 or the crime of committing or attempting a lewd act upon a child under the age of fourteen as defined in Section 16-15-140 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 shall specify the responsibilities and authority for implementing and operating the program. Inmates approved and placed on the program must be under the supervision of agents of the Department of Parole and Community Corrections who are 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 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 do not apply to the crimes referred to in this section."

Time effective

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