Current Status Introducing Body:House Bill Number:4508 Primary Sponsor:Simrill Committee Number:25 Type of Legislation:GB Subject:Parole eligibility Residing Body:House Current Committee:Judiciary Computer Document Number:DKA/3142AL.94 Introduced Date:19940113 Last History Body:House Last History Date:19940113 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Simrill Meacham Robinson Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4508 House 19940113 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 24-21-610, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PORTION OF SENTENCE WHICH MUST BE SERVED BEFORE PAROLE ELIGIBILITY, SO AS TO PROHIBIT ELIGIBILITY FOR PAROLE IF SENTENCED TO LIFE IMPRISONMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-21-610 of the 1976 Code is amended to read:
"Section 24-21-610. In all cases cognizable under this chapter the Board may, upon ten days' written notice to the solicitor and judge who participated in the trial of any a prisoner, the board may parole a prisoner convicted of a crime and imprisoned in the a state penitentiary corrections facility, in any a jail, or upon the public works of any a county who if: (1) sentenced for not more than thirty years has served at least one-third of the term; (2) sentenced to life imprisonment or imprisonment for any period in excess of thirty years, has served at least ten years.
If after January 1, 1984, the board finds that the statewide case classification system provided for in Chapter 23 of this title has been implemented, that an intensive supervision program for parolees who require more than average supervision has been implemented, that a system for the periodic review of all parole cases in order to assess the adequacy of supervisory controls and of parolee participation in rehabilitative programs has been implemented, and that a system of contracted rehabilitative services for parolees is being furnished by public and private agencies, then in all cases cognizable under this chapter the board may, upon ten days' written notice to the solicitor and judge who participated in the trial of any a prisoner, to the victim or victims, if any, of the crime, and to the sheriff of the county where the prisoner resides or will reside, may parole a prisoner who if sentenced for a violent crime as defined in Section 16-1-60, has served at least one-third of the term or the mandatory minimum portion of sentence, whichever is longer. For any other crime the prisoner shall have served at least one-fourth of the term of a sentence or if sentenced to life imprisonment or imprisonment for any period in excess of forty years, has served at least ten years.
The provisions of this section do not affect the parole ineligibility provisions for murder, armed robbery, and drug trafficking as set forth respectively in Sections 16-3-20, and 16-11-330, and subsection (e) of Section 44-53-370(e). A person who is sentenced to life imprisonment is not eligible for parole.
In computing parole eligibility, no deduction of time may be allowed in any a case for good behavior, but after June 30, 1981, there must be deductions of time in all cases for earned work credits, notwithstanding the provisions of Sections 16-3-20, 16-11-330, and 24-13-230.
Notwithstanding the provisions of this section, the board may parole any a prisoner not sooner than one year prior to before the prescribed date of parole eligibility when, based on medical information furnished to it, the board determines that the physical condition of the prisoner concerned is so serious that he reasonably would not be reasonably expected to live for more than one year. Notwithstanding any other provision provisions of this section or of law, no prisoner who has served a total of ten consecutive years or more in prison may be paroled until the board first has first received a report as to his mental condition and his ability to adjust to life outside the prison from a duly qualified psychiatrist or psychologist."
SECTION 2. This act takes effect upon approval by the Governor.