South Carolina General Assembly
108th Session, 1989-1990

Bill 1474

                    Current Status

Bill Number:               1474
Ratification Number:       608
Act Number                 510
Introducing Body:          Senate
Subject:                   Parole, review of prisoner's records;
                           Freedom of Information Act
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A510, R608, S1474)

AN ACT TO AMEND SECTION 24-21-640, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE, SO AS TO REQUIRE THE BOARD OF PROBATION, PAROLE, AND PARDON SERVICES TO REVIEW A PRISONER'S DISCIPLINARY AND OTHER RECORDS IN DETERMINING WHETHER TO GRANT PAROLE AND TO PROVIDE THAT CERTAIN RECORDS ARE SUBJECT TO THE FREEDOM OF INFORMATION ACT.

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

Parole, review of prisoner's records; Freedom of Information Act

SECTION 1. Section 24-21-640 of the 1976 Code is amended to read:

"Section 24-21-640. The board must carefully consider the record of the prisoner before, during and after imprisonment, and no such prisoner may be paroled until it appears 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 interest of society will not be impaired thereby; and, that suitable employment has been secured for him. The board must establish written, specific criteria for the granting of parole and provisional parole. This criteria must reflect all of the aspects of this section and include a review of a prisoner's disciplinary and other records. The criteria must be made available to all prisoners at the time of their incarceration and the general public. The paroled prisoner must, 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 must 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 must be treated for purposes of this section as one offense.

Any part or all of a prisoner's in-prison disciplinary records and, with the prisoner's consent, records involving all awards, honors, earned work credits and educational credits, are subject to the Freedom of Information Act as contained in Chapter 4 of Title 30."

Time effective

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

Approved the 29th day of May, 1990.