Current Status Introducing Body:Senate Bill Number:273 Primary Sponsor:McConnell Committee Number:03 Type of Legislation:GB Subject:Parole, nonviolent and violent offenders Residing Body:Senate Current Committee:Corrections and Penology Computer Document Number:DKA/4179AL.93 Introduced Date:19930126 Last History Body:Senate Last History Date:19930126 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:McConnell Rose Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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273 Senate 19930126 Introduced, read first time, 03
referred to Committee
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TO AMEND SECTION 24-21-620, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PAROLE, SO AS TO PROVIDE FOR A HEARING EVERY TWO YEARS FOR A PERSON CONVICTED OF A NONVIOLENT CRIME; AND TO AMEND SECTION 24-21-645, AS AMENDED, RELATING TO PAROLE, SO AS TO PROVIDE FOR A HEARING EVERY FOUR YEARS FOR A PERSON CONVICTED OF A VIOLENT CRIME AND TO PROVIDE THAT IF PAROLE IS DENIED THREE TIMES THEN THE PERSON MUST SERVE THE REMAINDER OF HIS ORIGINAL SENTENCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-21-620 of the 1976 Code, as last amended by Act 134 of 1991, is further 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 an application has been made therefor, for the purpose of determining whether or not such the prisoner is entitled to any of the benefits provided for in this chapter; provided, that in. 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 must 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 must be reviewed every twelve months thereafter for the purpose of such determination two years."
SECTION 2. Section 24-21-645 of the 1976 Code, as last amended by Act 134 of 1991, is further 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 before the effective date of the parole; provided, that at. 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 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 four years for the purpose of a determination of parole. After parole is denied three times, the prisoner must serve the remainder of his original sentence."
SECTION 3. This act takes effect upon approval by the Governor.