Current Status Introducing Body:House Bill Number:3425 Ratification Number:483 Primary Sponsor:Baxley Type of Legislation:GB Subject:County prisoners Date Bill Passed both Bodies:May 21, 1992 Computer Document Number:3425 Governor's Action:V Date of Governor's Action:Jun 02, 1992 Introduced Date:Feb 05, 1991 Date of Last Amendment:Apr 29, 1992 Last History Body:House Last History Date:Jun 03, 1992 Last History Type:Veto sustained Action on Governor's Veto:S Scope of Legislation:Statewide All Sponsors:Baxley Type of Legislation:General Bill
Bill Body Date Action Description CMN
---- ------ ------------ ------------------------------ ---
3425 House Jun 03, 1992 Veto sustained
3425 ------ Jun 02, 1992 Vetoed by Governor
3425 ------ May 27, 1992 Ratified R 483
3425 House May 21, 1992 Concurred in Senate
amendment, enrolled for
ratification
3425 Senate May 14, 1992 Read third time, returned
with amendment
3425 Senate Apr 29, 1992 Amended, read second time,
ordered to third reading with
notice of general amendments
3425 Senate Apr 28, 1992 Committee Report: Favorable 03
with amendment
3425 Senate Apr 25, 1991 Introduced, read first time, 03
referred to Committee
3425 House Apr 24, 1991 Read third time, sent to
Senate
3425 House Apr 23, 1991 Amended, read second time
3425 House Apr 11, 1991 Committee Report: Favorable 27
with amendment
3425 House Feb 05, 1991 Introduced, read first time, 27
referred to Committee
View additional legislative information at the LPITS web site.
(Rxxx, H3425)
AN ACT TO PROVIDE THAT A PERSON SENTENCED TO A TERM OF IMPRISONMENT, WHICH DOES NOT EXCEED NINETY DAYS, AND WHO IS INCARCERATED IN A COUNTY PRISON OR JAIL MAY BE RELEASED TO THE CUSTODY AND CARE OF A PRISONER REHABILITATION PROGRAM, TO PROHIBIT SUCH RELEASE FOR A PERSON WHO HAS COMMITTED A VIOLENT CRIME OR IS DETERMINED TO BE A VIOLENT OFFENDER UNDER GUIDELINES ESTABLISHED BY THE STATE BOARD OF CORRECTIONS, PROVIDE THAT A PRISONER MAY BE ORDERED RELEASED FROM A COUNTY PRISON OR JAIL TO THE SOLE CUSTODY AND CARE OF A PRISONER REHABILITATION PROGRAM UNDER CERTAIN SPECIFIED CONDITIONS, AUTHORIZE A PRISONER REHABILITATION PROGRAM TO RETURN A PRISONER RELEASED TO IT UNDER THIS ACT TO THE CUSTODY OF THE COUNTY PRISON OR JAIL UNDER CERTAIN CONDITIONS, PROVIDE THAT IF A PRISONER IS RETURNED BY THE PROGRAM TO THE CUSTODY OF THE COUNTY PRISON OR JAIL, THE PRISONER MAY NOT BE RELEASED TO THE PROGRAM AGAIN WITHOUT A COURT ORDER PURSUANT TO THE PROVISIONS OF THIS ACT, AND PROVIDE THAT WHEN A PRISONER SUCCESSFULLY COMPLETES THE REHABILITATION PROGRAM IN THE OPINION OF THE DIRECTOR OF THE PROGRAM, THE PRISONER MAY APPLY TO THE COURT IN THE COUNTY IN WHICH HE WAS SENTENCED FOR A REDUCTION OF HIS SENTENCE OR FOR RELEASE FROM THE COUNTY PRISON OR JAIL INTO SOCIETY AT LARGE, SUBJECT TO ANY TERMS OR CONDITIONS THE COURT, IN ITS DISCRETION, MAY IMPOSE UPON THE PRISONER.
Whereas, the General Assembly believes that there is a definite and distinct need to rehabilitate persons sentenced to terms of imprisonment in the counties of the State and, thereby, to alleviate overcrowding in county prisons and jails; and
Whereas, accomplishing prisoner rehabilitation benefits the incarcerated individuals by giving them self-confidence, self-reliance, and a sense of hope and it benefits the counties concerned by reducing the complex financial burdens involved in maintaining prisons and jails and providing for those who are incarcerated; and
Whereas, there are in South Carolina excellent organizations and groups which specialize in the rehabilitation of prisoners and produce outstanding results in that area of concentrated endeavor; and
Whereas, it is imperative for the public good throughout this State that the skills, hard work, dedication, experience, and proven accomplishments of these superb organizations and groups be tapped and utilized as never before to reduce and, eventually, eliminate the grave problems of prisoner hopelessness and prison overcrowding. Now, therefore,
Be it enacted by the General Assembly of the State of South Carolina:
Prisoner rehabilitation program, release to; exceptions
SECTION 1. Pursuant to the provisions of this act, a person sentenced to a term of imprisonment, which does not exceed ninety days, and who is incarcerated in a county prison or jail may be released to the custody and care of a prisoner rehabilitation program. A person who has committed a violent crime, as defined by statute, or is determined to be a violent offender under the guidelines established by the State Board of Corrections is not eligible for release to a prisoner rehabilitation program.
Conditions for release to program
SECTION 2. A prisoner may be ordered released from a county prison or jail to the sole custody and care of a prisoner rehabilitation program under the following conditions:
(1) The prisoner must volunteer to participate in the rehabilitation program by making application for entry into the program.
(2) The prisoner must sign an agreement to release and indemnify the county and state governments and their officers and employees from all liability, whether in tort or otherwise, while in the custody of the program.
(3) The prisoner must agree to obey all rules and guidelines of the rehabilitation program.
(4) The prisoner's application for participation in the rehabilitation program must be approved by the rehabilitation program.
(5) The prisoner rehabilitation program must sign a written agreement to hold harmless, indemnify, and release from all liability, whether in tort or otherwise, the county and state governments and their officers and employees from any liability arising from its custody or responsibility for a prisoner released to it.
(6) The rehabilitation program must demonstrate proof of financial responsibility to the satisfaction of the court in the county where the prisoner is incarcerated.
(7) The prisoner's application for participation in the rehabilitation program must be approved and ordered by the court in the county where the prisoner is incarcerated.
Return of prisoner to county prison or jail
SECTION 3. The prisoner rehabilitation program is authorized to return a prisoner released to it under this act to the custody of the county prison or jail if the director of the rehabilitation program determines that the prisoner is not participating sufficiently to receive the benefits offered or that the prisoner is not complying with all the rules and guidelines of the program.
Court order for future release to program
SECTION 4. If a prisoner is returned by the prisoner rehabilitation program to the custody of the county prison or jail, the prisoner may not be released to the program again without a court order pursuant to Section 3 of this act.
Application for reduction of sentence, release; court-ordered terms, conditions
SECTION 5. When a prisoner successfully completes the rehabilitation program, in the opinion of the director of the prisoner rehabilitation program, the prisoner may apply to the court in the county in which he was sentenced for a reduction of his sentence or for release from the county prison or jail into society at large, subject to any terms or conditions the court, in its discretion, may impose upon the prisoner.
Time effective
SECTION 6. This act takes effect upon approval by the Governor.
In the Senate House _________________________________.
_______________________________________
President of the Senate
_______________________________________
Speaker of the House of Representatives
Approved the _______ day of __________________, 1992.
_______________________________________
Governor
Printer's Date -- May 29, 1992 -- s.