Current Status Introducing Body:
SenateBill Number: 791Ratification Number: 203Act Number: 134Primary Sponsor: DrummondType of Legislation: GBSubject: Probation, parole and pardon; commissioner ofDate Bill Passed both Bodies: Jun 05, 1991Computer Document Number: 791Governor's Action: SDate of Governor's Action: Jun 12, 1991Introduced Date: Mar 20, 1991Date of Last Amendment: Apr 25, 1991Last History Body: ------Last History Date: Jun 12, 1991Last History Type: Act No. 134Scope of Legislation: StatewideAll Sponsors: DrummondType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 791 ------ Jun 12, 1991 Act No. 134 791 ------ Jun 12, 1991 Signed by Governor 791 ------ Jun 06, 1991 Ratified R 203 791 House Jun 05, 1991 Read third time, enrolled for ratification 791 House Jun 04, 1991 Read second time 791 House May 30, 1991 Reconsidered vote whereby debate was adjourned 791 House May 30, 1991 Debate adjourned until Tuesday, June 4 791 House May 30, 1991 Objection by Representative 791 House May 22, 1991 Committee Report: Favorable 27 791 House Apr 30, 1991 Introduced, read first time, 27 referred to Committee 791 Senate Apr 26, 1991 Read third time, sent to House 791 Senate Apr 25, 1991 Unanimous consent for third reading on Friday, April 26 791 Senate Apr 25, 1991 Amended, read second time 791 Senate Apr 04, 1991 Committee Report: Favorable 03 with amendment 791 Senate Mar 20, 1991 Introduced, read first time, 03 referred to CommitteeView additional legislative information at the LPITS web site.
(A134, R203, S791)
AN ACT TO AMEND SECTIONS 24-21-60, 24-21-70, AND 24-21-210, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROBATION, PAROLE, AND PARDON SERVICES, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER; TO AMEND SECTION 24-21-220, RELATING TO THE POWERS OF THE EXECUTIVE DIRECTOR, SO AS TO GRANT THE DUTIES PREVIOUSLY GRANTED TO THE EXECUTIVE DIRECTOR TO THE COMMISSIONER AND FURTHER GRANT THE COMMISSIONER ADMINISTRATIVE DUTIES REGARDING MEETINGS; TO AMEND CHAPTER 21, TITLE 24 BY ADDING SECTION 24-21-221 SO AS TO PROVIDE THAT THE COMMISSIONER MUST GIVE A THIRTY-DAY NOTICE TO CERTAIN PERSONS PRIOR TO CONSIDERING A PRISONER FOR PAROLE; TO AMEND SECTIONS 24-21-230, 24-21-240, 24-21-250, 24-21-260, 24-21-270, 24-21-280, 24-21-290, 24-21-420, AND 24-21-430, RELATING TO PROBATION OFFICERS, SO AS TO CHANGE THE REFERENCES TO "OFFICERS" TO "AGENTS" AND REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-440, RELATING TO TIME PERIODS OF PROBATION, SO AS TO DELETE THE REQUIREMENT THAT THE COURT MUST ENTER A DISCHARGE ORDER UPON COMPLETION OF THE PROBATION PERIOD; TO AMEND SECTION 24-21-450, RELATING TO REVOCATION OF PAROLE, SO AS TO CHANGE REFERENCES TO "OFFICER" TO "AGENT"; TO AMEND SECTION 24-21-480, RELATING TO RESTITUTION CENTERS, SO AS TO AUTHORIZE THE BOARD TO PLACE A PRISONER IN A RESTITUTION CENTER AS A CONDITION OF PAROLE; TO AMEND SECTION 24-21-620, RELATING TO PAROLE BOARD REVIEWS, SO AS TO CHANGE THE REFERENCE TO THE "COMMISSIONER OF PAROLES AND PARDONS" TO "COMMISSIONER"; TO AMEND SECTIONS 24-21-645 AND 24-21-650, RELATING TO THE BOARD, SO AS TO CHANGE THE REFERENCES TO "EXECUTIVE DIRECTOR" TO "COMMISSIONER"; TO AMEND SECTION 24-21-660, RELATING TO A PAROLED PRISONER'S CUSTODY, SO AS TO REQUIRE THAT THE PRISONER REMAIN IN THE BOARD'S "JURISDICTION" RATHER THAN IN THE BOARD'S "LEGAL CUSTODY"; TO AMEND SECTION 24-21-680, RELATING TO REVOCATION OF PAROLE, SO AS TO REQUIRE THE PAROLE AGENT TO ISSUE A CITATION UPON THE VIOLATION OF PAROLE AND TO GRANT THE BOARD THE AUTHORITY TO MAKE A FINAL DETERMINATION AS TO REVOCATION RATHER THAN CANCELING THE ORDER OF PAROLE AND GIVING THE PRISONER THE STATUS OF AN ESCAPED CONVICT; TO AMEND SECTION 24-21-930, RELATING TO PARDON ORDERS, SO AS TO CHANGE REFERENCES TO "EXECUTIVE DIRECTORS" TO "COMMISSIONERS"; TO AMEND SECTION 24-21-990, RELATING TO THE EFFECTS OF A PARDON, SO AS TO ALLOW A PARDONED PRISONER TO HOLD PUBLIC OFFICE EXCEPT AS PROVIDED FOR IN SECTION 16-13-210; TO AMEND SECTION 24-23-130, RELATING TO THE SUPERVISION OF A PROBATIONER, SO AS TO CHANGE THE REFERENCES TO "OFFICER" TO "AGENT"; AND TO REPEAL SECTION 24-21-14 RELATING TO THE COMMISSIONER OF PAROLES AND PARDONS.
Be it enacted by the General Assembly of the State of South Carolina:
Cooperation of public agencies with the Probation, Parole, and Pardon Board
SECTION 1. Section 24-21-60 of the 1976 Code is amended to read:
"Section 24-21-60. Every city, county, or state official or department shall assist and cooperate to further the objectives of this chapter. The board, the commissioner of the department, and the probation agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The commissioner may conduct surveys of the State Penitentiary, county jails, and camps and obtain information to enable the board to pass intelligently upon all applications for parole. The Commissioner of the Department of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the commissioner and the probation agents in the surveys."
SECTION 2. Section 24-21-70 of the 1976 Code is amended to read:
"Section 24-21-70. The Commissioner of the Department of Corrections, when a prisoner is confined in the State Penitentiary, the sheriff of the county, when a person is confined in the county jail, and the county supervisor or chairman of the governing body of the county if there is no county supervisor, when a prisoner is confined upon a work detail of a county, must keep a record of the industry, habits, and deportment of the prisoner, as well as other information requested of the officer by the board or the commissioner and furnish it to them upon request."
SECTION 3. Section 24-21-210 of the 1976 Code is amended to read:
"Section 24-21-210. The board shall employ a commissioner of the department. The board shall have the power at any time to remove the commissioner for inefficiency, improper conduct, or for any other just cause or reason after due notice to him of its intention and an opportunity for the commissioner to be heard. The commissioner must receive such salary as may be provided by law. The commissioner must also be paid traveling and other necessary expenses in the performance of his official duties and must give full time to the work. The commissioner must possess academic and professional qualifications commensurate with his duties and responsibilities."
Management of department by board through commissioner
SECTION 4. Section 24-21-220 of the 1976 Code is amended to read:
"Section 24-21-220. The commissioner, together with the board, shall be vested with the exclusive management and control of the department and shall be responsible for the management of the department and for the proper care, treatment, supervision, and management of offenders under its control. The board shall manage and control the department through the commissioner selected by it and it shall be the duty of the commissioner to carry out the policies of the board. The board shall delegate to the commissioner authority to manage the affairs of the department, subject to board control and supervision. The commissioner is responsible for scheduling board meetings, assuring that the proper cases and investigations are prepared for the board, maintaining the board's official records, and performing such other administrative duties relating to the board's activities as assigned by the board. The commissioner must employ within his office such personnel as may be necessary to carry out his duties and responsibilities including the functions of probation and parole supervision, community based programs, financial management, research and planning, staff development and training, and internal audit. The board shall cause the commissioner to make full and complete reports to each regular meeting of the full board of the fiscal affairs of the department and of the general conditions relating thereto. The commissioner shall make annual written reports to the board, the Governor, and the General Assembly providing statistical and other information pertinent to the department's activities.
Notice of parole hearings to certain persons
SECTION 5. Chapter 21, Title 24 of the 1976 Code is amended by adding:
"Section 24-21-221. The commissioner must give a thirty-day written notice of any board hearing during which the board will consider parole for a prisoner to the following persons:
(1) any victim of the crime who suffered damage to his person as a result thereof or if such victim is deceased, to members of his immediate family to the extent practicable;
(2) the solicitor who prosecuted the prisoner or his successor in the jurisdiction in which the crime was prosecuted; and
(3) the law enforcement agency that was responsible for the arrest of the prisoner concerned."
Probation and parole agents' qualifications and training
SECTION 6. Section 24-21-230 of the 1976 Code is amended to read:
"Section 24-21-230. The commissioner must employ such probation agents as required for service in the State and such clerical assistants as may be necessary. Such probation and parole agents must take and pass such psychological and qualifying examinations as directed by the board. The commissioner must insure that each probation agent receives such training as required by the board. Until such initial employment requirements are met, no person may take the oath of a probation agent nor exercise the authority granted thereto."
Oath of probation agents
SECTION 7. Section 24-21-240 of the 1976 Code is amended to read:
"Section 24-21-240. Each person appointed as a probation agent must take an oath of office as required of state officers which must be noted of record by the clerk of court."
Probation agents' compensation
SECTION 8. Section 24-21-250 of the 1976 Code is amended to read:
"Section 24-21-250. The probation agents must be paid salaries, to be fixed by the board, payable semimonthly, and also be paid traveling and other necessary expenses incurred in the performance of their official duties when the expense accounts have been authorized and approved by the commissioner."
Probation agents' assignment locations
SECTION 9. Section 24-21-260 of the 1976 Code is amended to read:
"Section 24-21-260. Probation agents appointed under Section 24-21-230 must be assigned to serve in courts or districts or other places the commissioner may determine."
Probation agent office space
SECTION 10. Section 24-21-270 of the 1976 Code is amended to read:
"Section 24-21-270. The governing body of each county in which a probation agent serves shall provide, in or near the courthouse, suitable office space for such agent."
Duties and powers of probation agents
SECTION 11. Section 24-21-280 of the 1976 Code is amended to read:
"Section 24-21-280. A probation agent must investigate all cases referred to him for investigation by the judges or commissioner and report in writing. He must furnish to each person released on probation under his supervision a written statement of the conditions of probation and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation or parole under his supervision by visiting, requiring reports, and in other ways and must report in writing as often as the court or commissioner may require. He must use practicable and suitable methods to aid and encourage persons on probation or parole to bring about improvement in their conduct and condition. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the commissioner may require. A probation agent must have, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and to the extent necessary the same right to execute process given by law to sheriffs. In the performance of his duties of probation and parole investigation and supervision, he is regarded as the official representative of the court and the board."
Privileged information obtained by probation agents
SECTION 12. Section 24-21-290 of the 1976 Code is amended to read:
"Section 24-21-290. All information and data obtained in the discharge of his official duty by a probation agent is privileged information, is not receivable as evidence in a court, and may not be disclosed directly or indirectly to anyone other than the judge or others entitled under this chapter to receive reports unless ordered by the court or the commissioner."
Report of probation officer on defendant and offense
SECTION 13. Section 24-21-420 of the 1976 Code is amended to read:
"Section 24-21-420. When directed by the court, the probation agent must fully investigate and report to the court in writing the circumstances of the offense and the criminal record, social history, and present condition of the defendant including, whenever practicable, the findings of a physical and mental examination of the defendant. When the services of a probation agent are available to the court, no defendant charged with a felony and, unless the court shall direct otherwise in individual cases, no other defendant may be placed on probation or released under suspension of sentence until the report of such investigation has been presented to and considered by the court."
Conditions of probation
SECTION 14. Section 24-21-430 of the 1976 Code is amended to read:
"Section 24-21-430. The court shall determine and may impose by order duly entered and may at any time modify the conditions of probation and may include among them any of the following or any other condition not herein prohibited.
The probationer shall:
(1) refrain from the violations of any state or federal penal laws;
(2) avoid injurious or vicious habits;
(3) avoid persons or places of disreputable or harmful character;
(4) permit the probation agent to visit at his home or elsewhere;
(5) work faithfully at suitable employment as far as possible;
(6) pay a fine in one or several sums as directed by the court;
(7) perform public service work as directed by the court;
(8) submit to a urinalysis or a blood test or both upon request of the probation agent;
(9) submit to curfew restrictions;
(10) submit to house arrest which is confinement in a residence for a period of twenty-four hours a day, with only those exceptions as the court may expressly grant in its discretion;
(11) submit to intensive surveillance which may include surveillance by electronic means;
(12) support his dependents; and
(13) follow the probation agent's instructions and advice regarding recreational and social activities."
Period of probation
SECTION 15. Section 24-21-440 of the 1976 Code is amended to read:
"Section 24-21-440. The period of probation or suspension of sentence shall not exceed a period of five years and shall be determined by the judge of the court and may be continued or extended within the above limit."
Arrest for violation of term of probation
SECTION 16. Section 24-21-450 of the 1976 Code is amended to read:
"Section 24-21-450. At any time during the period of probation or suspension of sentence the court, or the court within the venue of which the violation occurs, or the probation agent may issue or cause the issuing of a warrant and cause the defendant to be arrested for violating any of the conditions of probation or suspension of sentence. Any police officer or other agent with power of arrest, upon the request of the probation agent, may arrest a probationer. In case of an arrest, the arresting officer or agent must have a written warrant from the probation agent setting forth that the probationer has, in his judgment, violated the conditions of probation, and such statement shall be warrant for the detention of such probationer in the county jail or other appropriate place of detention, until such probationer can be brought before the judge of the court or of the court within the venue of which the violation occurs. Such probation agent must forthwith report such arrest and detention to the judge of the court, or of the court within the venue of which the violation occurs, and submit in writing a report showing in what manner the probationer has violated his probation. Provided, that any person arrested for the violation of the terms of probation must be entitled to be released on bond pending a hearing, and such bond shall be granted and the amount thereof determined by a magistrate in the county where the probationer is confined or by the magistrate in whose jurisdiction the alleged violation of probation occurred."
Conditions of placement in restitution centers; distribution of offenders' salaries
SECTION 17. Section 24-21-480 of the 1976 Code is amended to read:
"Section 24-21-480. The judge may suspend a sentence for a defendant convicted of a nonviolent offense, as defined in Section 16-1-70, for which imprisonment of more than ninety days may be imposed, or as a revocation of probation, and may place the offender in a restitution center as a condition of probation. The board may place a prisoner in a restitution center as a condition of parole. The department, on the first day of each month, shall present to the general sessions court a report detailing the availability of bed space in the restitution center program. The restitution center is a program under the jurisdiction of the department.
The offender must have paid employment and/or be required to perform public service employment up to a total of fifty hours per week.
The offender must deliver his salary to the restitution center staff who must distribute it in the following manner:
(1) restitution to the victim or payment to the account established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, as ordered by the court;
(2) payment of child support or alimony or other sums as ordered by a court;
(3) payment of any fines or court fees due;
(4) payment of six dollars and fifty cents per day for housing and food. This payment is in lieu of supervision fees while in the restitution center. This fee must be deposited by the department with the State Treasurer for credit to the same account as funds collected under Sections 14-1-210 through 14-1-230;
(5) payment of any costs incurred while in the restitution center;
(6) if available, fifteen dollars per week for personal items.
The remainder must be deposited and given to the offender upon his discharge.
The offender must be in the restitution center for not more than six months, nor less than three months; provided, however, in those cases where the maximum term is less than one year the offender must be in the restitution center for not more than ninety days nor less than forty-five days.
Upon release from the restitution center, the offender must be placed on probation for a term as ordered by the court.
Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence.
No person must be made ineligible for this program by reason of gender."
Procedures for reviewing cases for parole
SECTION 18. Section 24-21-620 of the 1976 Code is amended to read:
"Section 24-21-620. Within the ninety-day period preceding a prisoner having served one-fourth of his sentence, the board, either acting in a three-member panel or meeting as a full board, shall review the case, regardless of whether or not any application has been made therefor, for the purpose of determining whether or not such prisoner is entitled to any of the benefits provided for in this chapter; provided, that in cases of prisoners in confinement due to convictions for nonviolent crimes, an administrative hearing officer may be appointed by the commissioner to review the case who must submit to the full board written findings of fact and recommendations which shall be the basis for a determination by the board. Upon an affirmative determination, the prisoner must be granted a provisional parole or parole. Upon a negative determination, the prisoner's case shall be reviewed every twelve months thereafter for the purpose of such determination."
Authorization for orders of parole including provisional orders
SECTION 19. Section 24-21-645 of the 1976 Code is amended to read:
"Section 24-21-645. The board may issue an order authorizing the parole which must be signed either by a majority of its members or by all three members meeting as a parole panel on the case ninety days prior to the effective date of the parole; provided, that at least two-thirds of the members of the board must authorize and sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. A provisional parole order shall include the terms and conditions, if any, to be met by the prisoner during the provisional period and terms and conditions, if any, to be met upon parole. Upon satisfactory completion of the provisional period, the commissioner or one lawfully acting for him must issue an order which, if accepted by the prisoner, shall provide for his release from custody.
Provided, that upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their cases reviewed every two years for the purpose of a determination of parole."
Orders of parole for violent crimes
SECTION 20. Section 24-21-650 of the 1976 Code is amended to read:
"Section 24-21-650. The board shall issue an order authorizing the parole which must be signed by at least a majority of its members with terms and conditions, if any, but at least two-thirds of the members of the board must sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. The commissioner, or one lawfully acting for him, then must issue a parole order which, if accepted by the prisoner, provides for his release from custody. Upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their cases reviewed every two years for the purpose of a determination of parole."
Terms of parole
SECTION 21. Section 24-21-660 of the 1976 Code is amended to read:
"Section 24-21-660. Any prisoner who has been paroled is subject during the remainder of his original term of imprisonment, up to the maximum, to the conditions and restrictions imposed in the order of parole or by law imposed. Every such paroled prisoner must remain in the jurisdiction of the board and may at any time on the order of the board, be imprisoned as and where therein designated."
Violation of parole
SECTION 22. Section 24-21-680 of the 1976 Code is amended to read:
"Section 24-21-680. Upon failure of any prisoner released on parole under the provisions of this chapter to do or refrain from doing any of the things set forth and required to be done by and under the terms of his parole, the parole agent must issue a warrant or citation charging the violation of parole, and a final determination must be made by the board as to whether the prisoner's parole should be revoked and whether he should be required to serve any part of the remaining unserved sentence. But such prisoner must be eligible to parole thereafter when and if the board thinks such parole would be proper. The board shall be the sole judge as to whether or not a parole has been violated and no appeal therefrom shall be allowed; provided, that any person arrested for violation of terms of parole may be released on bond, for good cause shown, pending final determination of the violation by the Probation, Parole and Pardon Board. No bond shall be granted except by the presiding or resident judge of the circuit wherein the prisoner is arrested, or, if there be no judge within such circuit, by the judge, presiding or resident, in an adjacent circuit, and the judge granting the bond shall determine the amount thereof."
Order of pardon
SECTION 23. Section 24-21-930 of the 1976 Code is amended to read:
"Section 24-21-930. An order of pardon must be signed by at least two-thirds of the members of the board. Upon the issue of the order by the board, the commissioner, or one lawfully acting for him, must issue a pardon order which provides for the restoration of the pardon applicant's civil rights."
Rights restored by pardon
SECTION 24. Section 24-21-990 of the 1976 Code is amended to read:
"Section 24-21-990. A pardon shall fully restore all civil rights lost as a result of a conviction, which shall include the right to:
(1) register to vote;
(3) serve on a jury;
(4) hold public office, except as provided in Section 16-13-210;
(5) testify without having the fact of his conviction introduced for impeachment purposes unless the crime indicates a lack of veracity;
(6) not have his testimony excluded in a legal proceeding if convicted of perjury; and
(7) be licensed for any occupation requiring a license."
Termination of probation
SECTION 25. Section 24-23-130 of the 1976 Code is amended to read:
"Section 24-23-130. Upon the satisfactory fulfillment of the conditions of probation for a period of two years, the court may, with the recommendation of the agent in charge of the responsible county probation office, terminate the probationer from supervision."
SECTION 26. Section 24-21-14 of the 1976 Code is repealed.
SECTION 27. This act takes effect upon approval by the Governor.
Approved the 12th day of June, 1991.