Bill 3704

                    Current Status

Bill Number:               3704
Ratification Number:       231
Act Number                 152
Introducing Body:          House
Subject:                   To establish the South Carolina
                           Sentencing Guidelines Commission

(A152, R231, H3704)

AN ACT TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 26 SO AS TO ESTABLISH THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION AND PROVIDE FOR ITS MEMBERSHIP, POWERS, DUTIES, FUNCTIONS, AND RESPONSIBILITIES.

Whereas, the General Assembly previously established a Sentencing Guidelines Commission; and

Whereas, as a result of diligent and time consuming endeavors and the expenditure of funds by the members of the commission, the Sentencing Guidelines Commission reached a number of conclusions; and

Whereas, the conclusions reached by the Sentencing Guidelines Commission were well reasoned and rational conclusions; and

Whereas, the General Assembly finds it is in the interest of economy of efforts and finances to use the conclusions of the previous State and Federal Sentencing Guidelines Commission as a starting point for the next Sentencing Guidelines Commission's use; and

Whereas, the General Assembly finds that the following conclusions of the previous Sentencing Guidelines Commission should be adopted; and

Whereas, the conclusions of the previous Sentencing Guidelines Commission are that the provisions governing the sentencing of a person convicted of a crime should prescribe sanctions that:

(1) assure just punishment that is commensurate with the seriousness of the criminal conduct, taking into account attendant circumstances that may aggravate or mitigate the culpability of the offender;

(2) deter criminal conduct;

(3) provide for punishment that is necessary to hold the offender accountable for the crime and promote respect for the law;

(4) assist the offender, when feasible, toward rehabilitation and restoration to the community as a lawful citizen;

(5) confine the serious offender so as to remove and restrain him from further criminal acts when such confinement is in the interest of public protection; and

(6) are understandable and clear to the offender, the victim, and the community.

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

Findings

SECTION 1. The General Assembly declares that the development of a rational and sound sentencing structure is in the best interest of South Carolina and has determined to create an independent commission to prescribe and promulgate advisory sentencing guidelines.

Sentencing Guidelines Commission established

SECTION 2. Title 24 of the 1976 Code is amended by adding:

"CHAPTER 26

South Carolina Sentencing

Guidelines Commission

Section 24-26-10. (A) There is established the South Carolina Sentencing Guidelines Commission composed of thirteen voting members as follows:

(1) a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;

(2) two circuit court judges, appointed by the Chief Justice of the Supreme Court;

(3) three members of the Senate to be designated by the chairman of the Senate Judiciary Committee;

(4) three members of the House Judiciary Committee designated by the chairman of the committee;

(5) an attorney, experienced in the practice of criminal law, appointed by the Governor from a list of candidates submitted by the President of the South Carolina Bar;

(6) the Dean of the Law School of the University of South Carolina or his designee;

(7) the South Carolina Attorney General, or his designee, to serve ex officio;

(8) a solicitor appointed by the Chairman of the South Carolina Circuit Solicitors' Association.

(B) In addition, there are four nonvoting members of the commission as follows:

(1) the Chief of the State Law Enforcement Division, or his designee, to serve ex officio;

(2) the Chairman of the Commission on Appellate Defense, or his designee who must be a member of that commission or who must be the director of the commission;

(3) the Chairman of the State Board of Corrections, or his designee who must be a member of that board or who must be the Commissioner of the Department of Corrections;

(4) the Chairman of the Board of the Department of Probation, Parole and Pardon Services, or his designee who must be a member of that board or who must be the Commissioner or Executive Director of the Department of Probation, Parole and Pardon Services.

The appointed members of the commission shall serve for a term of four years. The members of the commission who are designated to serve by a particular person or official shall serve at the pleasure of that person or official making the designation and also only so long as the designated member holds the official position entitling him to membership on the commission. Members are eligible for reappointment, and any vacancy must be filled in the manner of original appointment for the remainder of the unexpired term.

The members of the commission shall elect one member to serve as chairman for a term of one year. The members of the commission may also elect any additional officers they consider necessary for the efficient discharge of their duties. Members are eligible for reelection as officers of the commission.

Section 24-26-20. The South Carolina Sentencing Guidelines Commission has the following duties and responsibilities:

(1) The commission shall prescribe, on or before one year after the effective date of this chapter, advisory sentencing guidelines for the general sessions courts for all offenses for which a term of imprisonment of greater than one year is allowed.

(2) The advisory guidelines prescribed by the commission shall establish:

(a) the circumstances under which imprisonment of an offender is proper;

(b) a range of fixed sentences for offenders for whom imprisonment is proper, based on each appropriate combination of reasonable offense and offender characteristics;

(c) a determination whether multiple sentences to terms of imprisonment should be ordered to run concurrently or consecutively.

(3) In establishing the advisory sentencing guidelines, the commission shall take into consideration current sentence and release practices and correctional resources, including, but not limited to, the capacities of local and state correctional facilities.

(4) The commission may also establish appropriate advisory sentencing guidelines for the general sessions courts for all offenses for which a term of imprisonment of one year or less is allowed.

(5) The commission may also establish appropriate advisory guidelines for offenders for whom traditional imprisonment is not considered proper. Any advisory guidelines promulgated by the commission for offenders for whom traditional imprisonment is not considered proper must make specific reference to noninstitutional sanctions.

(6) The commission, in addition to establishing advisory sentencing guidelines, shall serve as a clearing house and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices, and shall conduct ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating to the improvement of the criminal justice system. The commission shall make, from time to time, recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing.

(7) The commission may employ a staff director and other professional and clerical personnel upon the appropriation of sufficient funds by the General Assembly. The duties of the staff director and the other personnel of the commission must be set by the commission.

Section 24-26-30. The commission shall receive that funding as may be provided by the General Assembly, and the commission is authorized to expend federal funds and grants and gifts it may receive from other sources for the purpose of carrying out its duties and responsibilities.

Section 24-26-40. The commission, by vote of a majority of the membership, has the power to establish general policies.

The advisory guidelines prescribed and promulgated pursuant to Section 24-26-20 must be approved by Joint Resolution of the General Assembly.

Section 24-26-50. The commission shall recommend to the General Assembly a classification system based on maximum term of imprisonment for all South Carolina criminal offenses. Thereafter, the commission shall make, from time to time, recommendations to the General Assembly regarding changes in the classification system."

Due date of classification system recommendation

SECTION 3. The classification system which the commission is required to recommend to the General Assembly must be recommended by December 1, 1990.

Time effective

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