South Carolina General Assembly
108th Session, 1989-1990

Bill 1451


                    Current Status

Bill Number:               1451
Ratification Number:       749
Act Number                 608
Introducing Body:          Senate
Subject:                   Shock incarceration program
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A608, R749, S1451)

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 13, TITLE 24 SO AS TO PROVIDE FOR A SHOCK INCARCERATION PROGRAM THROUGH THE DEPARTMENT OF CORRECTIONS; TO REPEAL SECTION 24-21-475 RELATING TO THE SHOCK PROBATION PROGRAM; AND TO AMEND SECTION 14-1-210, RELATING TO A COURT FEE TO FUND CERTAIN PROGRAMS, SO AS TO INCLUDE THE SHOCK INCARCERATION PROGRAM.

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

Shock Incarceration Program

SECTION 1. Chapter 13, Title 24 of the 1976 Code is amended by adding:

"Article 13

Shock Incarceration Program

Section 24-13-1310. As used in this article:

(1) 'Eligible inmate' means a person committed to the South Carolina Department of Corrections:

(a) who has not reached the age of twenty-six years at the time of admission to the department;

(b) who is eligible for release on parole in two years or less;

(c) who has not been convicted of a violent crime as defined in Section 16-1-60;

(d) who has not been incarcerated previously in a state correctional facility or has not served a sentence previously in a shock incarceration program;

(e) who physically is able to participate in the program;

(f) whose sentence specifically does not prohibit the offender from participating in the shock incarceration program.

(2) 'Shock incarceration program' means a program pursuant to which eligible inmates are selected directly at reception centers to participate in the program and serve ninety days in an incarceration facility, which provides rigorous physical activity, intensive regimentation, and discipline and rehabilitation therapy and programming.

(3) 'Commissioner' means the Commissioner of the Department of Corrections.

Section 24-13-1320. (A) The commissioner of the department, guided by consideration for the safety of the community and the welfare of the inmate, shall promulgate regulations, according to procedures set forth in the Administrative Procedures Act, for the shock incarceration program. The regulations must reflect the purpose of the program and include, but are not limited to, selection criteria, inmate discipline, programming and supervision, and program structure and administration.

(B) For each reception center the commissioner shall appoint or cause to be appointed a shock incarceration selection committee which must include at least one representative of the Department of Probation, Parole, and Pardon Services and which shall meet on a regularly scheduled basis to review all applications for a program.

(C) A program may be established only at an institution classified by the commissioner as a shock incarceration facility.

(D) The department shall undertake studies and prepare reports periodically on the impact of a program and on whether the programmatic objectives are met.

Section 24-13-1330. (A) An eligible inmate may make an application to the shock incarceration screening committee for permission to participate in a shock incarceration program. If the department has a victim witness notification request for an eligible inmate who has made an application, it shall notify the victim of the application.

(B) The committee shall consider input received from law enforcement agencies, victims, and others in making its decision for approval or disapproval of participation. If the committee determines that an inmate's participation in a program is consistent with the safety of the community, the welfare of the applicant, and the regulations of the department, the committee shall forward the application to the commissioner or his designee for approval or disapproval.

(C) An applicant may not participate in a program unless he agrees to be bound by all of its terms and conditions and indicates this agreement by signing the following:

'I accept the foregoing program and agree to be bound by its terms and conditions. I understand that my participation in the program is a privilege that may be revoked at the sole discretion of the commissioner. I understand that I shall complete the entire program successfully to obtain a certificate of earned eligibility upon the completion of the program, and if I do not complete the program successfully, for any reason, I will be transferred to a nonshock incarceration correctional facility to continue service of my sentence.'

(D) An inmate who has completed a shock incarceration program successfully is eligible to receive a certificate of earned eligibility and must be granted parole release.

(E) Participation in a shock incarceration program is a privilege. Nothing contained in this article confers upon an inmate the right to participate or continue to participate in a program.

Section 24-13-1340. (A) A court may order that a defendant who has not reached twenty-six years of age and who has not been convicted of a violent crime as defined in Section 16-1-60, but who is found guilty of an offense for which a term of imprisonment of five years or more may be imposed or who is being revoked from a sentence of probation, be evaluated by the shock incarceration screening committee. The inmate then must be transferred to the custody of the department for evaluation.

(B) The commissioner shall submit his findings, along with recommendations for sentencing, to the court within fifteen working days after an inmate has been received into the custody of the department.

(C) After the findings are submitted, the court may impose sentence as appropriate which may include:

(1) suspending the sentence and placing the defendant on probation;

(2) sentencing the defendant to the shock incarceration program, with or without his consent;

(3) sentencing the defendant to another term as provided by law."

Repeal

SECTION 2. Section 24-21-475 of the 1976 Code is repealed.

Court fee to fund program

SECTION 3. The first paragraph of Section 14-1-210 is amended to read:

"Beginning on July 1, 1985, and continuously after that date, 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 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24.

An expenditure of these funds pursuant to this section for an expansion of the Shock Incarceration Program after July 1, 1990, may not impact adversely on programs operating pursuant to Chapter 21 of Title 24."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 25th day of June, 1990.