South Carolina General Assembly
113th Session, 1999-2000

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Bill 3108


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3108
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990112
Primary Sponsor:                  Wilkins
All Sponsors:                     Wilkins, Knotts, Altman, Inabinett, 
                                  Stuart, Leach, R. Smith, Witherspoon, 
                                  Hamilton, Simrill, Campsen, Klauber, Sandifer, 
                                  Vaughn, Law, Hawkins, Harrison, Keegan, D. 
                                  Smith, Kirsh, Wilder, Robinson, Askins, 
                                  Woodrum, Phillips, Harrell, Lucas, Barrett, 
                                  Young-Brickell, Hinson, Bailey, Allison, Cato, 
                                  Walker, Mason, Rodgers, Gilham, Maddox, Rhoad, 
                                  Meacham-Richardson, Littlejohn, Rice, Seithel
Drafted Document Number:          l:\council\bills\pt\1049cm99.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Date of Last Amendment:           19990203
Subject:                          Advisory Sentencing Guidelines Act, 
                                  Corrections, Crimes and Offenses, Prisoners, 
                                  Probation, Parole and Pardon


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20000328  Recommitted to Committee,              11 SJ
                  retaining its place on the Calendar
Senate  20000328  Recalled from Committee                11 SJ
Senate  19990209  Introduced, read first time,           11 SJ
                  referred to Committee
House   19990204  Read third time, sent to Senate
House   19990203  Amended, read second time
House   19990203  Co-Sponsor added (Rule 5.2) by Rep.            Rice
                                                                 Seithel
House   19990202  Request for debate by Representative           Harrison
                                                                 T. Brown
                                                                 Sharpe
                                                                 R. Smith
                                                                 Altman
                                                                 Beck
                                                                 Knotts
                                                                 Woodrum
                                                                 McGee
                                                                 J. Smith
                                                                 Clyburn
                                                                 Young-
                                                                 Brickell
                                                                 Parks
                                                                 Rutherford
                                                                 Scott
House   19990127  Committee report: Favorable with       25 HJ
                  amendment
House   19990114  Co-Sponsor added (Rule 5.2) by Rep.            Campsen
House   19990112  Co-Sponsor removed (Rule 5.2) by Rep.          Fleming
House   19990112  Introduced, read first time,           25 HJ
                  referred to Committee
House   19981216  Prefiled, referred to Committee        20 HANR


              Versions of This Bill
Revised on January 27, 1999 - Word format
Revised on February 3, 1999 - Word format

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

AMENDED

February 3, 1999

H. 3108

Introduced by Reps. Wilkins, Knotts, Altman, Inabinett, Stuart, Leach, R. Smith, Witherspoon, Hamilton, Simrill, Campsen, Klauber, Sandifer, Vaughn, Law, Hawkins, Harrison, Keegan, D. Smith, Kirsh, Wilder, Robinson, Askins, Woodrum, Phillips, Harrell, Lucas, Barrett, Young-Brickell, Hinson, Bailey, Allison, Cato, Walker, Mason, Rodgers, Gilham, Maddox, Rhoad, Meacham-Richardson, Littlejohn, Rice and Seithel

S. Printed 2/3/99--H.

Read the first time January 12, 1999.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES IS:

A Cost to the General Fund (See Below)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF GENERAL FUND IMPACT:

Summary of Costs

The cost associated with the passage of Advisory Sentencing Guidelines are as follows:

1) By Fiscal Year 2011 an additional cost of $114,700,000 for non-recurring capital projects, $59,221,854 for recurring operating expenses, $250,136 for non-recurring items, and 1,181 FTE's is estimated.

2) Of this amount, the Department of Corrections would incur capital costs of $100,000,000 for the construction of two new prisons in order to house an additional 2,886 offenders. The annual operating cost for these facilities is $43,000,000 and 1,000 FTEs. It should be noted, however, that without Advisory Sentencing Guidelines, Corrections estimates that it would have needed these two facilities by Fiscal Year 2022 under current projections.

3) After Fiscal Year 2011, the impact of Advisory Sentencing Guidelines is expected to decrease the number of required beds from 2,886 above current projections to 1,230 below current projections.

4) Of the remaining total cost, the Department of Probation, Pardon, and Parole would require an increase of $14,700,000 for the construction of seven new 96 bed facilities, $13,110,321 in operating funds, $124,076 in non-recurring items, and 162 FTE's, all within the first two years of implementation. This impact assumes that the SCDPPPS would have to build and maintain the seven new facilities. However, in the event that beds become available in SCDC's system which could possibly be transferred to the SCDPPPS, this impact could be significantly reduced.

5) The remaining costs of $3,111,533 in operating expenses, $126,060 in nonrecurring costs, and 19 FTE's are spread among other agencies affected by this legislation. However, several of these agencies could not provide dollar figures as they had no reliable basis for quantifying their needs.

South Carolina Department of Corrections (SCDC):

The projection of possible impact is estimated on the following assumptions:

(A) Advisory Sentencing Guidelines grid would be followed by judges 100% of the time.

(B) Constant Model - This model assumes at the time of bill passage the population remains the same and admissions continue at current levels. The Constant Model was used in order to isolate the effects of guidelines while holding demographic changes constant.

(C) Community Punishments as approved with Advisory Sentencing Guidelines would be fully funded at the Department of Probation, Parole, and Pardon Services.

Data supplied by the Department of Corrections provide projections of the potential impact on inmate populations through Fiscal Year 2030,which are as follows, however, given the varied cost assumptions that could be applied to those inmate trends, costs figures beyond Fiscal Year 2011 are not furnished in this analysis:

IMPACT ON INMATE POPULATION

Projected Projected

SCDC SCDC

Population Population Change

Fiscal with Without Due To

Year Guidelines Guidelines Guidelines

99 22,646 22,646 0

00 21,448 23,037 (1,589)

01 22,062 23,299 (1,237)

02 24,039 23,466 573

03 25,342 23,725 1,617

04 25,770 24,059 1,711

05 26,386 24,435 1,951

06 26,610 24,844 1,766

07 26,994 25,256 1,738

08 27,675 25,699 1,976

09 28,442 26,204 2,238

10 29,208 26,666 2,542

11 29,975 27,089 2,886

12 30,067 27,496 2,571

13 30,159 27,893 2,266

14 30,251 28,255 1,996

15 30,253 28,572 1,681

16 30,255 28,875 1,380

17 30,257 29,181 1,076

18 30,259 29,464 795

19 30,261 29,717 544

20 30,263 29,953 310

21 30,265 30,189 76

22 30,265 30,400 (135)

23 30,265 30,563 (298)

24 30,265 30,701 (436)

25 30,265 30,845 (580)

26 30,265 30,983 (718)

27 30,265 31,120 (855)

28 30,265 31,249 (984)

29 30,265 31,377 (1,112)

30 30,265 31,495 (1,230)

The data gives an approximation of the number of offenders who may be affected by this legislation at the South Carolina Department of Corrections. The chart estimates the number of additional beds required combining current projections and advisory sentencing guidelines.

The impact of Advisory Sentencing Guidelines would be the need for an additional 2,886 beds by Fiscal Year 2011. The associated costs are $100 million in additional capital costs and $43 million in operating costs for two additional 1,500 bed institutions.

This is in addition to 4,443 additional beds required if admissions continue at current levels. The associated costs are $150 million in additional capital costs and $64.5 million in operating costs for three additional 1,500 bed institutions.

The estimated fiscal impact to meet this total need would be $250 million in additional capital costs based on Fiscal Year 1998 dollars. Construction costs per 1,500 bed institution is estimated at $50 million. Additional operating costs required by SCDC through Fiscal Year 2011 is estimated to cost $107.5 million. Operating costs per institution is estimated at $21.5 million.

Without the Advisory Sentencing Guidelines the two new 1,500 bed institutions and operating costs associated with the institutions would still be necessary under current laws by Fiscal Year 2022.

Advisory Sentencing Guidelines using the Constant Model could result in a prison bed savings of approximately 1,230 beds by Fiscal Year 2030.

South Carolina Department of Probation, Parole, and Pardon Services (SCDPPPS):

This impact assumes that the SCDPPPS would have to build and maintain the seven new facilities discussed in number (1) below of this impact. However, in the event that beds become available in SCDC's system which could possibly be transferred to the SCDPPPS, this impact could be significantly reduced.

The projection of the possible impact to SCDPPPS is estimated on the following assumptions:

(A) Advisory Sentencing Guidelines grid would be followed by judges 100% of the time.

(B) Using the Constant Model, the impact will be realized within two years.

(C) Offenders sentenced to Intermediate Sanctions will remain with SCDPPPS for six months.

(D) Offenders may be placed in Intermediate Sanctions as a result of their failure to abide by the conditions of Probation or Community Punishment Sanction.

The Sentencing Guidelines grid provides for four probationary sanction types based on the crime severity level.

(1) Intermediate Sanction/Residential: The offender impact projection for this sanction is approximately 683 per day. To manage the projected offender population with this sanction, the department would need to construct two additional 96 bed Community Control Centers and five additional Restitution Centers for a total of 672 new beds. Estimated cost for this sanction is $14,700,000 non-recurring (construction of seven centers), $8,669,985 recurring and 109 FTE's.

(2) Intermediate Sanction/Non Residential: The offender impact projection for this sanction is 1,518. Based on the crime severity level of these offenders, SCDPPPS would provide intensive supervision. This includes regular drug testing, maintaining 25% of this population under electronic monitoring, and providing case services. Estimated cost for this sanction $1,059,876 recurring funds. Offenders in this sanction would be supervised in caseloads of 35 within existing department personnel.

(3) Community Punishment Sanction: The offender impact projection for this sanction is 3,543. Based on this offender impact number, the department would net 1,772 new offenders and increase supervision sanctions for 1,771 existing offenders currently supervised. The caseload is 100 per agent. The department proposes to supervise offenders in caseloads of 50 for closer supervision, enhanced surveillance, regularly drug test, case services, and to require offenders to engage in public service work. Estimated cost for this sanction $3,380,460 recurring funds, $124,076 non-recurring funds and 53 FTE's.

(4) Regular Probation: Offender impact would be supervised within existing resources.

The estimated fiscal impact to the agency is $13,110,321 recurring funds, $14,824,076 non-recurring funds and 162 FTE's.

South Carolina Prosecution Coordination Commission:

The commission estimates the costs associated with implementing this Act at $1,953,000. This estimate was based on the 1990 census and the requirements imposed on the Sixth Judicial Circuit, which disposed of 3,197 out of 110,481 General Sessions warrants during calendar year 1997. At a minimum, the Sixth Judicial Circuit would need two additional employees to handle specified duties of Advisory Sentencing Guidelines. These two employees would consist of an attorney and administrative specialist (paralegal). The costs of these two employees at the minimum salary with associated employer contributions would equal $50,303. Operating costs are estimated at $10,900. This total cost equates to an increased per capita allocation of $0.56. Extrapolating the per capita estimate to the statewide 1990 census of 3,486,703, a $0.56 per capita equals $1,953,000. For the purpose of this impact an assumption is made that the General Assembly will appropriate the necessary general funds to this agency to implement this bill.

South Carolina Office of Appellate Defense:

The agency indicates the impact of the legislation is not determinable because there exists no available data upon which to base an estimate of Advisory Sentencing Guidelines. The agency believes that defendants facing Truth in Sentencing charges would be less likely to enter pleas of guilty and will demand trial. Increases in the number of trials will result in a slower disposition of cases and more case expenses. Currently the average case load per attorney within the agency is one hundred cases. Therefore, for every increase of one hundred cases, the Office of Appellate Defense will require one additional attorney.

Commission on Indigent Defense:

The agency indicates the impact of the legislation is not determinable because there exists no available data upon which to base an estimate of Advisory Sentencing Guidelines. The agency believes that defendants facing Truth in Sentencing charges would be less likely to enter pleas of guilty and will demand trial. Increases in the number of trials will result in a slower disposition of cases and more case expenses. The agency believes that for every increase of three hundred cases an additional public defender attorney will be required, costs of which are shared by local and state government.

Sentencing Guidelines Commission:

The Sentencing Guidelines Commission has indicated that this bill would have an impact to the commission of $25,000 of which $20,000 is recurring. The $20,000 recurring dollars would pay for the cost of hiring one additional staff person for data entry. The $5,000 non-recurring dollars would be to purchase a computer for the new position.

Attorney General's Office:

The agency indicates the implementation of the bill is estimated to result in an increase in the workload of criminal prosecutors. Based on current staffing levels of criminal prosecutors, an additional attorney would be required, besides administrative and legal support. The fiscal impact on the general fund is estimated to be $127,000. The cost includes personal services and employer contributions of $108,000 for an attorney and a paralegal, and $19,000 for other operating expenses (non-recurring $7,000).

Judicial Department

The department indicates the bill may result in additional court proceedings where the infringement of rights as provided by the legislation occurred. As such, these actions could result in additional costs to the judicial system. The department forecasts a fiscal impact on the general fund of $1,125,593. Recurring funds ($1,011,533) within this forecast includes personal services and employer contributions for three new circuit court judges each with support staff of three (secretary, court reporter and law clerk); two program coordinators with Court Administration to provide training and technical support to county clerks of court and judges and to make visits to each county to monitor and assess the impact of the bill on the court system as a whole, and, one accountant in finance and personnel to provide administrative support for payroll, travel, benefits and financial activities associated with the addition of new judges and staff members. Non-recurring funds ($114,060) within this forecast include automation and furniture costs associated with start up.

LOCAL GOVERNMENT IMPACT:

See Commission on Indigent Defense.

SPECIAL NOTES:

This bill increases the number of offenders in the SCDPPPS system which would result in the potential increase in the supervision fees collected in Section 24-21-80 of the Code of Laws of South Carolina, 1976. Therefore, pursuant to Section 2-7-71 of the 1976 South Carolina Code of Laws the Board of Economic Advisors is the appropriate agency to address any revenue impact of this legislation.

Approved By:

Les Boles

Office of State Budget

A BILL

TO AMEND TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CRIMES AND OFFENSES BY ADDING CHAPTER 2 SO AS TO PROVIDE ADVISORY SENTENCING GUIDELINES; TO AMEND SECTION 16-1-10, AS AMENDED, RELATING TO THE CATEGORIZATION OF FELONIES AND MISDEMEANORS, SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES; TO AMEND SECTION 16-1-20, AS AMENDED, RELATING TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES, SO AS TO REVISE THE SET OF CRIMES THE MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO AMEND SECTION 16-1-30, AS AMENDED, RELATING TO THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE THAT ALL OFFENSES ARE AUTOMATICALLY CLASSIFIED; TO AMEND SECTION 24-3-20, AS AMENDED, RELATING TO CONFINEMENT OF PRISONERS AND WORK RELEASE PROGRAM ELIGIBILITY, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-125, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS TO SUBSTITUTE CERTAIN FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSES" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-150, RELATING TO CONDITIONS A PRISONER MUST MEET TO BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE "AN OFFENSE" FOR THE TERM "NO PAROLE OFFENSE" AND TO PROVIDE THAT THIS PROVISION DOES NOT APPLY TO CERTAIN LOCAL CORRECTIONAL FACILITIES; TO AMEND SECTION 24-13-210, AS AMENDED, RELATING TO ELIGIBILITY FOR AND FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR GOOD BEHAVIOR TO THREE DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-230, AS AMENDED, RELATING TO ELIGIBILITY FOR EDUCATION CREDITS, SO AS TO LIMIT THE AMOUNT OF TIME A PRISONER CAN EARN FOR PARTICIPATING IN AN EDUCATION PROGRAM TO SIX DAYS A MONTH AND TO ELIMINATE THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-13-430, RELATING TO RIOTING OR INCITING TO RIOT, SO AS TO REVISE THE PENALTY; TO AMEND SECTION 24-13-650, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE RELEASE OF AN OFFENDER INTO THE COMMUNITY IN WHICH HE COMMITTED THE CRIME, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTIONS 24-13-710 AND 24-13-720, BOTH AS AMENDED, RELATING TO THE SUPERVISED FURLOUGH PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE" AND TO MAKE A TECHNICAL CHANGE; TO AMEND SECTION 24-13-1310, AS AMENDED, RELATING TO THE SHOCK INCARCERATION PROGRAM, SO AS TO SUBSTITUTE CERTAIN CLASSIFIED FELONIES AND EXEMPT OFFENSES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-21-30, AS AMENDED, RELATING TO PAROLE, SO AS TO ELIMINATE PAROLE FOR A CRIME AND TO PROVIDE THAT CERTAIN OFFENDERS MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM BEFORE HIS DISCHARGE FROM HIS SENTENCE; TO AMEND SECTION 24-21-560, RELATING TO PRISONERS WHO MUST COMPLETE A COMMUNITY SUPERVISION PROGRAM OPERATED BY THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON SERVICES BEFORE THEIR RELEASE FROM THE CRIMINAL JUSTICE SYSTEM, SO AS TO REVISE THE OFFENSES THAT REQUIRE AN OFFENDER TO COMPLETE A COMMUNITY SUPERVISION PROGRAM AND TO PROVIDE THAT A JUDGE MAY INCLUDE COMPLETION OF A COMMUNITY SUPERVISION PROGRAM AS A PART OF A SENTENCE FOR CERTAIN CRIMES AND TO SUBSTITUTE CERTAIN CLASSIFIED CRIMES FOR THE TERM "NO PAROLE OFFENSE"; TO AMEND SECTION 24-26-10, AS AMENDED, RELATING TO THE ESTABLISHMENT OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE COMPOSITIOIN OF THE COMMISSION; TO AMEND SECTION 24-26-20, AS AMENDED, RELATING TO DUTIES AND RESPONSIBILITIES OF THE SOUTH CAROLINA SENTENCING GUIDELINES COMMISSION, SO AS TO REVISE THE CONTENTS OF ITS ANNUAL REPORT; TO REPEAL SECTIONS 2-13-66, 16-1-90, 16-1-100, AND 16-1-110 RELATING TO THE CLASSIFICATION OF FELONIES AND MISDEMEANORS; TO REPEAL SECTION 24-13-100 RELATING TO THE DEFINITION OF "NO PAROLE OFFENSE", AND TO PROVIDE A SEVERABILITY CLAUSE, AND THAT ALL PROCEEDINGS PENDING AT THE TIME THIS ACT TAKES EFFECT ARE SAVED AND THAT THE PROVISIONS OF THIS ACT APPLY PROSPECTIVELY.

Amend Title To Conform

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

SECTION 1. Title 16 of the 1976 Code is amended by adding:

"CHAPTER 2

Advisory Sentencing Guidelines Act

Section 16-2-10. (A) This chapter may be cited as the 'South Carolina Advisory Sentencing Guidelines Act'.

(B) Advisory Sentencing Guidelines apply equally to all offenders in the State without regard to race, gender, or economic status.

(C) This chapter applies to all criminal offenses in South Carolina punishable by maximum terms of imprisonment of one year or more except offenses specifically excluded in this act as provided in subsection (D).

(D) This chapter does not apply to offenses for which life imprisonment is ordered under Section 17-25-45, the offense of contempt of court under Section 14-5-320, the offenses of attempt and conspiracy under Section 44-53-420, crimes with maximum penalties of less than one year, sentences imposed as a result of technical probation revocations, offenses exempt from classification under Section 16-1-10(D) which receive the death penalty or life imprisonment, or sentences imposed in accordance with the Youthful Offender Act. However, this chapter applies to the above offenses for purposes of scoring the offender's prior record.

(E) Offenses exempt from classification under Section 16-1-10(D) which do not receive the death penalty or life imprisonment are treated, for purposes of sentencing guidelines, as Felony A offenses.

(F) Offenses with provisions for mandatory minimum sentences are subject to these guidelines. However, if the mandatory minimum sentence is greater than the guidelines' recommendation, the mandatory minimum sentence overrides the guidelines. If the guidelines' recommendation is greater, the guidelines control.

(G) Fines and restitution, as provided by law, may be added to a guidelines sentence.

(H) The South Carolina Sentencing Guidelines Commission shall promulgate regulations which provide the sentencing guidelines grid, a form to be used as a sentencing scoresheet, and a prior record form, and a departure form.

Section 16-2-20. As used in this chapter:

(1) 'Aggravating factors' means reasons justifying a sentence above the presumptive sentencing range for the offense. A sentence in the aggravating range is not considered a departure from guidelines.

(2) 'Commission' means the South Carolina Sentencing Guidelines Commission.

(3) 'Conviction' means a conviction, guilty plea, or plea of nolo contendere and includes being convicted of a violation of a law of another state or a city or county ordinance.

(4) 'Prior convictions' means felonies and misdemeanors, prior convictions not classified at the time of conviction, federal or out-of-state convictions, circuit, magistrate, and municipal court convictions, and juvenile adjudications if the offense would be a felony if committed by an adult. Prior convictions set aside or prior convictions of which the defendant was pardoned for reasons unrelated to innocence or legal error are calculated in the prior record score. Expunged convictions are not calculated.

(5) 'Prior record score' means the summation of points associated with previously imposed sentences.

(6) 'Departure' means a sentence which is either higher or lower than what the appropriate grid cell recommends. The departure form must be completed if a departure sentence is issued.

(7) 'Grid' means the sentencing guidelines matrix developed by the Sentencing Guidelines Commission for all offenses punishable by maximum terms of imprisonment of one year or more except offenses specifically excluded in Section 16-2-10(D).

(8) 'Grid cell' means a block on the grid formed by the intersection of the maximum penalty offense of the current convictions and all other current convictions added to the offender's prior record score.

(9) 'Mitigating factors' means reasons justifying a sentence below the presumptive sentencing range for the offense. A sentence in the mitigated range is not a departure from guidelines.

(10) 'Presumptive sentence' means the recommended sentence for the average case provided in a grid cell.

(11) 'Maximum penalty offense' means the current conviction offense with the greatest maximum possible sentence.

(12) 'Community punishment' means financial sanctions, probation, community punishment systems, nonresidential and residential intermediate sanctions, or other community-based disposition under the jurisdiction of the South Carolina Department of Probation, Parole, and Pardon Services.

(13) 'Community punishment systems' or 'CPS' means a community punishment with maximum level supervision in the community by the South Carolina Department of Probation, Parole, and Pardon Services with caseload sizes limited by South Carolina Department of Probation, Parole, and Pardon Services' policy.

(14) 'Residential and nonresidential intermediate sanctions' or 'IMS' means a community punishment which may include restitution centers, community control centers, and other residential community punishment facility under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services, and electronic monitoring, home detention, day reporting, intensive supervision, and other structured, intensive nonresidential program under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services.

(15) 'Sentencing scoresheet' means a form promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations used to determine a sentence under this chapter.

(16) 'Prior record form' means a form promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations used to determine a prior record score under this chapter.

(17) 'Departure from guidelines form' means a form promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations. The form should be completed when a sentence departs from the sentencing guidelines contained in this chapter.

(18) 'Technical probation revocation' means probation is revoked for anything other than the commission of a new offense.

Section 16-2-30. (A) The court should consider this chapter when determining the appropriate sentence for criminal offenses punishable by maximum terms of imprisonment of one year or more excluding those offenses specifically enumerated in Section 16-2-10(D).

(B) The advisory sentencing guidelines grid is two-dimensional. The maximum penalty offense is used to select the appropriate horizontal severity level. The current convictions score and the prior record score are combined to produce the total point score used to select the appropriate grid cell.

(C) There are three sentencing ranges within each grid cell:

(1) the presumptive range is designed for the average case with no extraordinary circumstances;

(2) the aggravating range is designed for cases in which a longer sentence is warranted based on the presence of aggravating factors pursuant to Section 16-2-70(A);

(3) the mitigating range is designed for cases in which a lesser sentence is warranted based on the presence of mitigating factors pursuant to Section 16-2-70(C).

(D) The court has discretion to determine whether a sentence in the aggravating or mitigating range is more appropriate for a particular offender.

(E) The presumptive sentence for an offender who falls below the bold dispositional line is a community punishment sentence. The presumptive sentence for an offender who falls above the bold dispositional line is imprisonment.

(F) The sentencing scoresheet and prior record form must be initially scored by the solicitor's office and completed in final form at the court's discretion. A copy of the sentencing scoresheet and prior record form must be provided to the defendant's attorney, or to the defendant if he is not represented by counsel, before submission to the court. The defendant must be put under oath to testify regarding the accuracy of his prior criminal record at the time of sentencing. The State may move to reconsider a defendant's sentence within one hundred eighty days of sentencing if it can be proven that the defendant wilfully provided false information regarding his prior criminal record to the court. False information provided by the defendant under oath may be considered an aggravating circumstance and may provide cause for deviating upward from the recommended sentencing guidelines sentence. Each solicitor's office in the State will be allocated sufficient resources from the General Assembly's annual appropriations act to comply with this act. The sentencing scoresheet and prior record form must be made a part of the record, and a copy must be sent by the solicitor to the South Carolina Sentencing Guidelines Commission within ninety days of sentencing.

(G) Split sentences are departures from the guidelines requiring completion of the departure from guidelines form. Suspended sentences are departures from the guidelines requiring completion of the departure from guidelines form, except when the recommended guidelines sentence range permits a community punishment under the following conditions:

(1) If the maximum penalty offense is classified as a Felony C offense and the guidelines permit a community punishment, the statutory maximum serves as the limit on the portion of the sentence which may be suspended.

(2) If the maximum penalty offense is classified as a Felony D offense and the guidelines permit a community punishment, the limit on the portion of the sentence which may be suspended is seven years.

(3) If the maximum penalty offense is classified as a Felony E offense and the guidelines permit a community punishment, the limit on the portion of the sentence which may be suspended is five years.

(4) If the maximum penalty offense is classified as a Felony F offense and the guidelines permit a community punishment, the limit on the portion of the sentence which may be suspended is three years.

(5) If the maximum penalty offense is classified as a Misdemeanor A, B, or C offense and the guidelines permit a community punishment, the statutory maximum serves as the limit on the portion of the sentence which may be suspended.

(H) It is in the discretion of the court to determine if a departure from the guidelines' recommendation is warranted. If the court determines that a sentence more severe or less severe than recommended in this chapter is warranted, the court may depart from the guidelines and sentence at its discretion. The court shall complete the departure from guidelines form. This form must be attached to the sentencing scoresheet and prior record form, and a copy shall be sent to the South Carolina Sentencing Guidelines Commission within ninety days after a person has been sentenced, and the commission shall compile this data by county. The court, in its discretion, may depart from the guidelines in cases which include, but are not limited to, those in which the defendant provided substantial assistance to the State, when the defendant suffers from significantly reduced mental capacity, or when there is an early acceptance of responsibility by the defendant as set forth below.

If the defendant has provided substantial assistance in the investigation or prosecution of another person, the court may determine an appropriate reduction in the defendant's sentence by considering the following:

(1) evaluation of the significance and usefulness of the defendant's assistance, taking into consideration the state's evaluation of the assistance rendered;

(2) the truthfulness, completeness, and reliability of information provided by the defendant;

(3) the nature and extent of the defendant's assistance;

(4) an injury suffered or a danger or risk of injury to the defendant or his family resulting from the assistance;

(5) the timeliness of the defendant's assistance.

The court, on motion of the State or the defense, may reduce a sentence to reflect a defendant's subsequent substantial assistance in the investigation or prosecution of another person who has committed an offense. The reduction of the sentence pursuant to this section may be made at any time after the imposition of the sentence if it is based on information or evidence not known by the defendant at the time of sentencing. The motion for a reduction in sentence must be made within one year from the date of sentencing if the reduction of the sentence would be based on information or evidence known by the defendant at the time of sentencing.

The court, on a motion of the State, may reduce a sentence to reflect a defendant's early acceptance of responsibility that occurred within ninety days of the arrest or within a time frame set at the discretion of the solicitor.

If the defendant suffers from significantly reduced mental capacity, the court may determine an appropriate reduction in the defendant's sentence by considering whether the defendant committed a nonviolent offense while suffering from significantly reduced mental capacity not resulting from voluntary use of drugs or other intoxicants. A lower sentence may be warranted to reflect the extent the reduced mental capacity contributed to the commission of the offense.

(I) Unless specifically prohibited, a person who has been convicted of any criminal offense may be given a community punishment provided in this chapter if the class of the offense, current convictions, and prior record level authorizes a community punishment as a type of sentence disposition.

(J) The South Carolina Department of Probation, Parole, and Pardon Services must develop a plan to provide offender services regarding community punishment under this chapter. The programs designed to accommodate these offenders shall hold offenders accountable for making restitution, require compliance with the court's judgment, appropriately punish and rehabilitate offenders by directing them to specialized treatment or educational programs, and protect public safety. This plan must be submitted to the Speaker of the House and the Chairman of the Senate Judiciary Committee within one hundred eighty days after the effective date of this act.

(K) Community punishments available under this chapter include, but are not limited to:

(1) Residential Intermediate Sanctions or IMS which include restitution centers, community control centers, and other residential community punishment facilities under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services;

(2) Nonresidential Intermediate Sanctions or IMS which include electronic monitoring, home detention, day reporting, intensive supervision, and any other structured, intensive nonresidential program under the supervision of the South Carolina Department of Probation, Parole, and Pardon Services;

(3) Community Punishment Systems or CPS which include community punishment with maximum level supervision in the community by the South Carolina Department of Probation, Parole, and Pardon Services with caseload sizes limited by South Carolina Department of Probation, Parole, and Pardon Services' policy;

(4) Probation pursuant to Title 24, Chapter 21, Article 5.

Section 16-2-40. To determine a guidelines sentence, the court must:

(1) determine the maximum penalty offense to select the appropriate horizontal severity level;

(2) determine the current convictions score pursuant to Section 16-2-60(A);

(3) determine the prior record score pursuant to Section 16-2-60(B);

(4) add the current convictions score to the prior record score to produce the total point score. Use the total point score to select the appropriate vertical point column;

(5) determine the intersection of the appropriate horizontal severity level and the appropriate vertical point column to produce the appropriate grid cell;

(6) determine if aggravating or mitigating factors, pursuant to Section 16-2-70, apply and select the appropriate sentencing range. All guidelines ranges are years of maximum confinement;

(7) select a sentence at any place within the appropriate sentencing range; and

(8) complete the departure from guidelines form if the sentence is outside of the appropriate grid cell's sentencing ranges.

Section 16-2-50. For purposes of sentencing, the 'South Carolina Sentencing Guidelines Grid', as promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations, applies to criminal offenses with maximum terms of imprisonment of one year or more, except those offenses specifically excluded from this chapter provided in Section 16-2-10(D), committed one year after this act's effective date.

Section 16-2-60. (A) The current convictions score for the purpose of Section 16-2-40 must be calculated pursuant to regulations promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations.

(B)(1) The prior record score for the purpose of Section 16-2-40 is calculated pursuant to regulations promulgated by the Sentencing Guidelines Commission and published in the State Register and the Code of Regulations.

(2) Federal or out-of-state convictions are scored for purposes of the prior record score.

(3) Circuit, magistrate, and municipal court convictions, and juvenile adjudications that would be felonies if committed by an adult are scored accordingly.

(4) A prior sentence of over one year imposed more than fifteen years before the defendant's current conviction is not scored unless the prior sentence extends into the current fifteen-year period. A prior sentence of one year or less imposed more than ten years before the defendant's current conviction is not scored.

Section 16-2-70. (A) When determining whether an aggravated sentence is warranted, the court may consider the following factors:

(1) The offense resulted in serious bodily injury to a victim.

(2) The victim was treated with particular cruelty for which the offender should be held responsible.

(3) The victim was particularly vulnerable due to age, infirmity, or reduced physical or mental capacity which was known or should have been known to the offender.

(4) The offense resulted in protracted mental or emotional distress to a victim.

(5) The defendant committed the offense while he was:

(a) on probation;

(b) a parolee;

(c) on work release;

(d) on furlough;

(e) an escapee;

(f) released on bond;

(g) under community supervision; or

(h) serving an active sentence.

(6) The defendant possessed a firearm, visibly displayed what appeared to be a firearm, visibly displayed a knife, or used an object capable of causing death or inflicting serious bodily injury during the commission of the offense.

(7) The defendant induced others to participate in the commission of the offense or occupied a position of leadership or dominance over other participants.

(8) The defendant attempted to obstruct justice by intimidating a witness or juror, destroying evidence, or otherwise hindering the enforcement of laws in the investigation, prosecution, or sentencing of the defendant's case.

(9) A defendant's refusal to assist authorities in the investigation of other persons should not be considered as an aggravating sentencing factor.

(B) An aggravated sentence generally should not be given if the aggravating circumstance is an element of the offense. Exceptions to this general rule are:

(1) the common law offense of assault and battery of a high and aggravated nature;

(2) lewd act on a minor (Section 16-15-140).

(C) When determining whether a mitigated sentence is warranted, the court may consider the following factors:

(1) The defendant is over sixty-five years of age.

(2) The defendant suffers from extraordinary physical impairments. Impairments do not include drug or alcohol problems.

(3) The victim was the aggressor in the incident or induced or facilitated its commission.

(4) The defendant played a minor role or passive role in the offense.

(5) The defendant clearly demonstrates a recognition and affirmative acceptance or personal responsibility for his conduct.

(6) The offense is indicative of aberrant behavior on behalf of the defendant.

(7) The defendant participated under circumstances of coercion or duress.

(D) Aggravating and mitigating factors provided in this section are examples of factors that the court may wish to consider when determining an appropriate sentence for an offender. The court, in its discretion, may determine the existence of these or other factors which may warrant a sentence in the aggravating or mitigating ranges.

Section 16-2-80. If the guidelines contained in this chapter are silent or vague, the sentencing judge may provide a reasonable interpretation."

SECTION 2. Section 16-1-10(D) of the 1976 Code, as last amended by Part II, Section 70B of Act 164 of 1993, is further amended to read:

"(D) The following offenses are classified as exempt under subsections (A) and (B):

12-21-2790 Interference with proper operation of video game machine

12-21-6000(B) Possessing marijuana or controlled substances without appropriate stamps

16-3-10 Murder

16-3-30 Killing by poison

16-3-40 Killing by stabbing or thrusting

16-3-85(B)(1) Homicide by child abuse

16-3-85(B)(2) Aiding and abetting homicide by child abuse

16-3-210 Lynching

16-3-430 Killing in a duel

16-3-620 Assault with intent to kill (if sentenced for the common law offense of assault and battery of a high and aggravated nature)

16-3-910 Kidnapping (if sentenced for murder)

16-11-311(B) Burglary

First degree

16-11-540 Damaging or destroying building, vehicle or other property by means of explosive incendiary, death results

16-25-65 Criminal domestic violence of a high and aggravated nature

23-36-170(c), (d) Penalty (violation of South Carolina Explosives Control Act)

Third, fourth, or subsequent offenses

25-7-30 Giving information respecting national or state defense to foreign contacts during war

25-7-40 Gathering information for an enemy

44-53-370(e)(1)(a)3 Prohibited Acts A, penalties (trafficking in marijuana, 10 pounds or more, but less than 100 pounds)

Third or subsequent offenses

44-53-370(e)(1)(b) Prohibited Acts A, penalties (trafficking in marijuana, 100 pounds or more of marijuana, but less than 2,000 pounds)

44-53-370(e)(1)(c) Prohibited Acts A, (trafficking in marijuana, 2000 pounds or more, but less than 10,000 pounds)

44-53-370(e)(1)(d) Prohibited Acts A, penalties (trafficking in marijuana, 10,000 pounds of marijuana or more)

44-53-370(e)(2)(a)3 Prohibited Acts A, penalties (trafficking in cocaine, 10 grams or more, but less than 28 grams)

Third or subsequent offense

44-53-370(e)(2)(b)3 Prohibited Acts A, penalties (trafficking in cocaine, 28 grams or more, but less than 100 grams)

44-53-370(e)(2)(c) Prohibited Acts A, penalties (trafficking in cocaine, 100 grams or more, but less than 200 grams)

44-53-370(e)(2)(d) Prohibited Acts A, penalties (trafficking in cocaine, 200 grams or more, but less than 400 grams)

44-53-370(e)(2)(e) Prohibited Acts A, penalties (trafficking in cocaine, 400 grams or more)

44-53-370(e)(3)(a)2 Prohibited Acts A, penalties (trafficking in illegal drugs, 4 grams or more, but less than 14 grams)

Second or subsequent offense

44-53-370(e)(3)(b) Prohibited Acts A, penalties (trafficking in illegal drugs, 14 grams or more, but less than 28 grams)

44-53-370(e)(3)(c) Prohibited Acts A, penalties (trafficking in illegal drugs, 28 grams or more)

44-53-370(e)(4)(a)2 Prohibited Acts A, penalties (trafficking in methaqualone, 15 grams or more, but less than 150 grams)

Second or subsequent offense

44-53-370(e)(4)(b) Prohibited Acts A, penalties (trafficking in methaqualone, 150 grams but less than 1,500 grams)

44-53-370(e)(4)(c) Prohibited Acts A, penalties (trafficking in methaqualone, possession of 1,500 grams, but less than 15 kilograms of methaqualone)

44-53-370(e)(4)(d) Prohibited Acts A, penalties (trafficking in methaqualone, 15 kilograms or more)

44-53-370(e)(5)(a)3 Prohibited Acts, penalties (trafficking in LSD, 100 dosage units or more, but less than 500 dosage units)

Third or subsequent offense

44-53-370(e)(5)(b)3 Prohibited Acts, penalties (trafficking in LSD, 500 dosage units or more, but less than 1,000 dosage units)

Third or subsequent offense

44-53-370(e)(5)(c) Prohibited Acts, penalties (trafficking in LSD, 1,000 dosage units or more)

44-53-375(C)(1)(c) Trafficking in ice, crank, or crack cocaine 10 grams or more, but less than 28 grams

Third or subsequent offense

44-53-375(C)(2)(c) Trafficking in ice, crank, or crack cocaine 28 grams or more, but less than 100 grams

Third or subsequent offense

44-53-375(C)(3) Trafficking in ice, crank, or crack cocaine 100 grams or more, but less than 200 grams

44-53-375(C)(4) Trafficking in ice, crank, or crack cocaine 200 grams or more, but less than 400 grams

44-53-375(C)(5) Trafficking in ice, crank, or crack cocaine 400 grams or more

44-53-445 Distribute, sell, or manufacture, or possess with intent to distribute crack cocaine within proximity of school

56-5-2780(B)(1) Unlawfully passing a stopped school bus where great bodily injury results

56-5-2947 Child endangerment

56-15-590 Failure of a motor vehicle auction to keep required records or make them available for inspection

58-17-4090 Penalty for obstruction of railroad if death of human being results

Only criminal offenses with a maximum penalty of life imprisonment or death are felonies exempt from the classification system. This does not include offenses for which a sentence of life imprisonment may be given pursuant to Section 17-25-45."

SECTION 3. Section 16-1-20(B) of the 1976 Code, as last amended by Part I, Section 1 of Act 7 of 1995, is further amended to read:

"(B) For all offenders sentenced on or after July 1, 1993, the minimum term of imprisonment required by law does not apply to the offenses listed in Sections 16-1-90 and 16-1-100 unless the offense refers to any a mandatory minimum sentence or the offense prohibits suspension of a part of the sentence. Offenses listed in Section 16-1-10(C) and (D) are exempt and minimum terms of imprisonment are applicable. No sentence of imprisonment precludes the timely execution of a death sentence."

SECTION 4. Section 16-1-30 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 16-1-30. All criminal offenses created by statute after July 1, 1993, must be provided by statute or in common law with maximum terms of imprisonment of three years or less are misdemeanors and automatically are classified according to the maximum term of imprisonment provided in the statute and pursuant to Sections 16-1-10 and 16-1-20,. All criminal offenses provided by statute or in common law with maximum terms of imprisonment of five years or more are felonies and automatically are classified according to the maximum term of imprisonment provided in the statute and pursuant to Sections 16-1-10 and 16-1-20 except offenses that are exempt from classification as provided in Section 16-1-10(D)."

SECTION 5. Section 24-3-20(B) of the 1976 Code, as last amended by Act 406 of 1996, is further amended to read:

"(B) When the director determines that the character and attitude of a prisoner reasonably indicates that he may be trusted, he may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, provided that the director determines that:

(1) the paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and

(2) the rates of pay and other conditions of employment will are not less than those paid and provided for work of similar nature in the locality in which the work is to be performed.

The department shall notify victims registered pursuant to Article 15, Chapter 3, Title 16 and the trial judge, solicitor, and sheriff of the county or the law enforcement agency of the jurisdiction where the offense occurred before releasing inmates on work release. The department shall have the authority to deny release based upon opinions received from these persons, if any, as to the suitability of the release.

No A prisoner's place of confinement may not be extended as permitted by this subsection who is currently serving a sentence for or has a prior conviction of criminal sexual conduct in the first, second, or third degree; attempted criminal sexual conduct; assault with intent to commit criminal sexual conduct; criminal sexual conduct when the victim is his legal spouse; criminal sexual conduct with a minor; committing or attempting to commit a lewd act on a child; engaging a child for sexual performance; or spousal sexual battery. No A prisoner who is serving a sentence for a "no parole offense" as defined in Section 24-13-100 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more and who is otherwise eligible for work release shall have his place of confinement extended until he has served the minimum period of incarceration as set forth in Section 24-13-125."

SECTION 6. Section 24-13-125 of the 1976 Code, as added by Act 83 of 1995, is amended to read:

"Section 24-13-125. (A) Notwithstanding any other another provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a 'no parole offense', as defined in Section 24-13-100, Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for work release until the prisoner has served not less than eighty percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, educational credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any a portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release by another provision of law to be eligible for work release.

(B) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection.

(C) This section does not apply to a prisoner confined in a local correctional facility except a prisoner confined in a local facility pursuant to a designated facility agreement."

SECTION 7. Section 24-13-150 of the 1976 Code, as added by Act 83 of 1995, is amended to read:

"Section 24-13-150. (A) Notwithstanding any other another provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, a prisoner convicted of a 'no parole offense' as defined in Section 24-13-100 an offense and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision as provided in Section 24-21-560, until the prisoner has served at least eighty-five percent of the actual term of imprisonment imposed. This percentage must be calculated without the application of earned work credits, education educational credits, or good conduct credits, and is to be applied to the actual term of imprisonment imposed, not including any a portion of the sentence which has been suspended. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from participating in work release, early release, discharge, or community supervision by another provision of law to be eligible for work release, early release, discharge, or community supervision.

(B) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold credits is solely the responsibility of officials named in this subsection.

(C) This section does not apply to a prisoner confined in a local correctional facility except a prisoner confined in a local facility pursuant to a designated facility agreement."

SECTION 8. Section 24-13-210 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-13-210. (A) A prisoner convicted of an offense against this State, except a 'no parole offense' as defined in Section 24-13-100, and sentenced to the custody of the Department of Corrections including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of twenty days for each month served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.

(B)A prisoner convicted of a 'no parole offense' an offense against this State as defined in Section 24-13-100 and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-30, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of three days for each month served. However, no a prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is not entitled to credits under this provision. No A prisoner convicted of a 'no parole offense' is not entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which the good conduct credit is computed.

(C)(B) A prisoner convicted of an offense against this State and sentenced to a local correctional facility, or upon the public works of any a county in this State, whose record of conduct shows that he has faithfully observed all the rules of the institution where he is confined, and has not been subjected to punishment for misbehavior, is entitled to a deduction from the term of his sentence beginning with the day on which the service of his sentence commences to run, computed at the rate of one day for every two days served. When two or more consecutive sentences are to be served, the aggregate of the several sentences is the basis upon which good conduct credits must be computed.

(D)(C) If a prisoner confined in a facility of the department commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the Director of the Department of Corrections. If a prisoner confined in a local correctional facility pursuant to a designated facility agreement commits an offense or violates one of the rules of the institution during his term of imprisonment, all or part of the good conduct credit he has earned may be forfeited in the discretion of the local official having charge of the prisoner. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection.

(E)(D) Any A person who has served the term of imprisonment for which he has been sentenced less deductions allowed therefrom for good conduct is considered upon release to have served the entire term for which he was sentenced unless the person is required to complete a community supervision program pursuant to Section 24-21-560. If the person is required to complete a community supervision program, he must complete his sentence as provided in Section 24-21-560 prior to before discharge from the criminal justice system.

(F)(E) No credits Credits earned pursuant to this section may not be applied in a manner which would prevent full participation in the Department of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560."

SECTION 9. Section 24-13-230 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-13-230. (A) The Director of the Department of Corrections may allow any prisoner in the custody of the department, except a prisoner convicted of a 'no parole offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. A maximum annual credit for both work credit and education credit is limited to one hundred eighty days.

(B)The Director of the Department of Corrections may allow a prisoner in the custody of the department serving a sentence for a 'no parole offense' as defined in Section 24-13-100, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of six days for every month he is employed or enrolled. However, no a prisoner serving a sentence for life imprisonment or a mandatory minimum term of imprisonment for thirty years pursuant to Section 16-3-20 is not entitled to credits under this provision. No A prisoner convicted of a 'no parole offense' is not entitled to a reduction below the minimum term of incarceration provided in Section 24-13-125 or 24-13-150. A maximum annual credit for both work credit and education educational credit is limited to seventy-two days.

(C)(B) No credits Credits earned pursuant to this section may not be applied in a manner which would prevent full participation in the Department of Probation, Parole, and Pardon Services' prerelease or community supervision program as provided in Section 24-21-560.

(D)(C) The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. If a prisoner commits an offense or violates one of the rules of the institution during his term of imprisonment all or part of the work credit or education educational credit he has earned may be forfeited in the discretion of the official having charge of the prisoner.

(E)(D) The official in charge of a local detention or correctional facility to which persons convicted of offenses against the State are sentenced shall allow any an inmate serving such a sentence in the custody of the facility who is assigned to a mandatory productive duty assignment a reduction from the term of his sentence of zero to one day for every two days so employed. The amount of credit to be earned for each duty classification must be determined by the official in charge of the local detention or correctional facility and published by him in a conspicuous place available to inmates.

(F)(E)(1) An individual is only eligible only for the educational credits provided for in this section, upon successful participation in an academic, technical, or vocational training program.

(2) The educational credit provided for in this section, is not available to any an individual convicted of a violent crime as defined in Section 16-1-60.

(G)(F) The South Carolina Department of Corrections may not pay any tuition for college courses."

SECTION 10. Section 24-13-430(2) of the 1976 Code is amended to read:

"(2) Any An inmate of the Department of Corrections, city or county jail, or public works of any a county that who participates in a riot or any other acts of violence shall be deemed is guilty of a felony and, upon conviction, shall must be imprisoned for not less than five years nor more than ten twenty years."

SECTION 11. Section 24-13-650 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-13-650. No An offender committed to incarceration for a violent offense as defined in Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more may not be released back into the community in which the offender committed the offense under the work release program, except in those cases wherein, where applicable, the victim of the crime for which the offender is charged or the relatives of the victim who have applied for notification under Section 16-3-1530 if the victim has died, the law enforcement agency which employed the arresting officer at the time of the arrest, and the circuit solicitor all agree to recommend that the offender be allowed to participate in the work release program in the community where the offense was committed. The victim or the victim's nearest living relative, the law enforcement agency, and the solicitor, as referenced above, must affirm in writing that the offender be allowed to return to the community in which the offense was committed to participate in the work release program."

SECTION 12. Section 24-13-710 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-13-710. The Department of Corrections and the Department of Probation, Parole, and Pardon Services shall jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a supervised furlough program which permits carefully screened and selected inmates who have served the mandatory minimum sentence as required by law or have not committed a violent crime as defined in Section 16-1-60, a 'no parole offense' as defined in Section 24-13-100 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of twenty years or more, the crime of criminal sexual conduct in the third degree as defined in Section 16-3-654, or the crime of committing or attempting a lewd act upon a child under the age of fourteen sixteen as defined in Section 16-15-140 to be released on furlough prior to before parole eligibility and under the supervision of state probation and parole agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or expiration of sentence, whichever is earlier. The department and the Department of Probation, Parole, and Pardon Services shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough program as provided by this article. The two departments shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal. The cooperative agreement between the two departments shall specify the responsibilities and authority for implementing and operating the program. Inmates approved and placed on the program must be under the supervision of agents of the Department of Probation, Parole, and Pardon Services who are responsible for ensuring the inmate's compliance with the rules, regulations, and conditions of the program as well as monitoring the inmate's employment and participation in any of the prescribed and authorized community-based correctional programs such as vocational rehabilitation, technical education, and alcohol/drug treatment. Eligibility criteria for the program include, but are not limited to, all of the following requirements:

(1) maintain a clear disciplinary record for at least six months prior to before consideration for placement on the program;

(2) demonstrate to Department of Corrections' officials a general desire to become a law-abiding member of society;

(3) satisfy any other reasonable requirements imposed upon him by the Department of Corrections;

(4) have an identifiable need for and willingness to participate in authorized community-based programs and rehabilitative services;

(5) have been committed to the State Department of Corrections with a total sentence of five years or less as the first or second adult commitment for a criminal offense for which the inmate received a sentence of one year or more. The Department of Corrections shall notify victims pursuant to Section 16-3-1530(c) as well as the sheriff's office of the place to be released before releasing inmates through any a supervised furlough program.

These requirements do not apply to the crimes referred to in this section."

SECTION 13. Section 24-13-720 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-13-720. Unless sentenced to life imprisonment, an inmate under the jurisdiction or control of the Department of Corrections who has not been convicted of a violent crime under the provisions of Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 may Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of twenty years or more, within six months of the expiration of his sentence, may be placed with the program provided for in Section 24-13-710 and is subject to every rule, regulation, and condition of the program. No An inmate otherwise eligible under the provisions of this section for placement with the program may not be so placed unless he has qualified under the selection criteria and process authorized by the provisions of Section 24-13-710. He must also have maintained a clear disciplinary record for at least six months prior to before eligibility for placement with the program."

SECTION 14. Section 24-13-1310(1)(c) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"(c) who has not been convicted of a violent crime as defined in Section 16-1-60 or a 'no parole offense' as defined in Section 24-13-100 Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of twenty years or more;"

SECTION 15. Section 24-21-30 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"Section 24-21-30. (A) A person who commits a 'no parole offense' as defined in Section 24-13-100 an offense on or after the effective date of this section is not eligible for parole consideration, but. A person who is convicted of a Class A, B, or C felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of twenty years or more must complete a community supervision program as set forth in Section 24-21-560 prior to before his discharge from the sentence imposed by the court. For all offenders who are eligible for parole, the board shall hold regular meetings, as may be necessary to carry out its duties, but at least four times each year, and as many extra meetings as the chairman, or the Governor acting through the chairman, may order. The board may preserve order at its meetings and punish any disrespect or contempt committed in its presence. The chairman may direct the members of the board to meet as three-member panels to hear matters relating to paroles and pardons as often as necessary to carry out the board's responsibilities. Membership on these panels shall be periodically rotated periodically on a random basis by the chairman. At the meetings of the panels, any a unanimous vote shall be considered the final decision of the board, and the panel may issue an order of parole with the same force and effect of an order issued by the full board pursuant to Section 24-21-650. Any A vote that is not unanimous shall not be considered as a decision of the board, and the matter shall be referred to the full board which shall decide it based on a vote of a majority of the membership.

(B) The board may grant parole to an offender who commits a violent crime as defined in Section 16-1-60 before January 1, 1996 by a two-thirds vote of the full board unless prohibited by Section 24-21-640. The board may grant parole to an offender who commits a crime under Section 16-11-312(B), 44-53-370(e)(1)(a)(1), 44-53-370(e)(2)(a)(1), 44-53-370(e)(4)(a)(1), 44-53-370(e)(5)(a)(1), or 44-53-375(C)(1)(a) before the effective date of this section by a two-thirds majority vote of the full board. which is not included as a 'no parole offense' as defined in Section 24-13-100 on or after the effective date of this section by a two-thirds majority vote of the full board. The board may grant parole to an offender convicted of an offense which is not a violent crime as defined in Section 16-1-60 committed before the effective date of this section or a 'no parole offense' as defined in Section 24-13-100 by a unanimous vote of a three-member panel or by a majority vote of the full board.

Nothing in this subsection may be construed to allow any a person who commits a 'no parole offense' as defined in Section 24-13-100 an offense on or after the effective date of this section to be eligible for parole."

SECTION 16. Section 24-21-560 of the 1976 Code, as added by Act 83 of 1995, is amended to read:

"Section 24-21-560. (A) Notwithstanding any other another provision of law, except in a case in which the death penalty or a term of life imprisonment is imposed, any a sentence involving incarceration for a Class A, B, or C felony or a thirty-year murder sentence under Section 16-3-20 for a 'no parole offense' as defined in Section 24-13-100 must include any a term of incarceration and completion of a community supervision program operated by the Department of Probation, Parole, and Pardon Services. No A prisoner who is serving a sentence for a 'no parole offense' is not eligible to participate in a community supervision program until he has served the minimum period of incarceration as set forth in Section 24-13-150. A sentence for a term of incarceration less than twenty years imposed in general sessions court for a crime committed on or after the effective date of this act, in the discretion of the sentencing judge, may include a requirement for completion of a community supervision program. Nothing in this section may be construed to allow a prisoner convicted of murder or a prisoner prohibited from early release, discharge, or work release by any other another provision of law to be eligible for early release, discharge, or work release.

(B) A community supervision program operated by the Department of Probation, Parole, and Pardon Services must last no more than two continuous years. The period of time a prisoner is required to participate in a community supervision program and the individual terms and conditions of a prisoner's participation shall be at the discretion of the department based upon guidelines developed by the director. A prisoner participating in a community supervision program must be supervised by a probation agent of the department. The department must determine when a prisoner completes a community supervision program, violates a term of community supervision, fails to participate in a program satisfactorily, or whether a prisoner should appear before the court for revocation of the community supervision program.

(C) If the department determines that a prisoner has violated a term of the community supervision program and the community supervision should be revoked, a probation agent must initiate a proceeding in general sessions court. The proceeding must be initiated pursuant to a warrant or a citation issued by a probation agent setting forth the violations of the community supervision program. The court shall determine whether:

(1) the terms of the community supervision program are fair and reasonable;

(2) the prisoner has complied with the terms of the community supervision program;

(3) the prisoner should continue in the community supervision program under the current terms;

(4) the prisoner should continue in the community supervision program under other terms and conditions as the court considers appropriate;

(5) the prisoner has wilfully violated a term of the community supervision program.

If the court determines that a prisoner has wilfully violated a term or condition of the community supervision program, the court may impose any other terms or conditions considered appropriate and may continue the prisoner on community supervision, or the court may revoke the prisoner's community supervision and impose a sentence of up to one year for violation of the community supervision program. A prisoner who is incarcerated for revocation of the community supervision program is not eligible to earn any type of credits which would reduce the sentence for violation of the community supervision program.

(D) If a prisoner's community supervision is revoked by the court and the court imposes a period of incarceration for the revocation, the prisoner also must complete a community supervision program of up to two years as determined by the department pursuant to subsection (B) when he is released from incarceration.

A prisoner who is sentenced for successive revocations of the community supervision program may be required to serve terms of incarceration for successive revocations, as provided in Section 24-21-560(C), and may be required to serve additional periods of community supervision for successive revocations, as provided in Section 24-21-560(D). The maximum aggregate amount of time the prisoner may be required to serve when sentenced for successive revocations may not exceed an amount of time equal to the length of incarceration imposed for the original 'no parole offense' offense. The original term of incarceration does not include any portion of a suspended sentence.

If a prisoner's community supervision is revoked due to a conviction for another offense, the prisoner must complete a community supervision program of up to two continuous years as determined by the department after the prisoner has completed the service of the sentence for the community supervision revocation and any other another term of imprisonment which may have been imposed for the criminal offense, except when the subsequent sentence is death or life imprisonment.

(E) A prisoner who successfully completes a community supervision program pursuant to this section has satisfied his sentence and must be discharged from his sentence.

(F) The Department of Corrections must notify the Department of Probation, Parole, and Pardon Services of the projected release date of any an inmate serving a sentence for a 'no parole offense' Class A, B, or C felony, a thirty-year sentence for murder under Section 16-3-20, or a sentence in which community supervision is ordered one hundred eighty days in advance of his release to community supervision. For an offender sentenced to one hundred eighty days or less, the Department of Corrections immediately must notify the Department of Probation, Parole, and Pardon Services.

(G) Victims registered pursuant to Section 16-3-1530(c) and the sheriff's office in the county where a prisoner sentenced for a 'no parole offense' Class A, B, or C felony or a thirty-year sentence for murder under Section 16-3-20, is to be released must be notified by the Department of Probation, Parole, and Pardon Services when the prisoner is released to a community supervision program."

SECTION 17. Section 24-26-10(A) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"(A) There is established the South Carolina Sentencing Guidelines Commission composed of thirteen fourteen 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 designated by the Chairman of the House Judiciary 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;

(9) an attorney, experienced in the practice of criminal defense, designated by the chairmen of the Senate and House Judiciary Committees from a list of candidates submitted by the President of the South Carolina Association of Criminal Defense Lawyers."

SECTION 18. Section 24-26-20(6) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"(6) before January sixteenth of each year, prepare and submit to the Governor, the General Assembly, and the Chief Justice of the Supreme Court a comprehensive state criminal justice ten-year, five-year, and one-year plan for preventing prison and jail overcrowding. This plan must include, but is not limited to, the number of persons currently involved in pretrial and postsentencing options predominantly provided through community-based agencies which minimize the number of persons requiring incarceration consistent with protection of public safety, including mediation, restitution, supervisory release, and community service plans and the impact on prison populations, local communities, and court caseloads. The commission shall take into account state plans in the related areas of mental health and drug and alcohol abuse in the development of the plan report on criminal justice matters pertinent to sentencing;"

SECTION 19. Sections 2-13-66, 16-1-90, 16-1-100, 16-1-110, and 24-13-100 of the 1976 Code are repealed.

SECTION 20. If any a section, paragraph, provision, or portion of this act is held to be unconstitutional or invalid by a court of competent jurisdiction, this holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declares that the provisions of this act are severable from each other.

SECTION 21. All proceedings pending and all rights and liabilities existing, acquired, or incurred at the time this act takes effect are saved. Except as otherwise provided, the provisions of this act apply prospectively to crimes and offenses committed on or after the effective date of this act.

SECTION 22. Chapter 1, Title 25 of the 1976 Code is amended by adding:

"Article 25

Military confinement

Section 25-1-3300. This article is known and may be cited as the South Carolina Truth in Military Confinement Act.

Section 25-1-3310. Military personnel subject to the Code of Military Justice as provided in this title who are sentenced to a period of confinement pursuant to a general, special, or summary court martial for a criminal or other offense which has been passed upon by the appropriate reviewing authority shall serve the full term of the confinement for which early release for any portion shall not be granted for any reason."

SECTION 23. Sections 2, 3, 4, 18, and the repeal of Sections 2-13-66, 16-1-90, 16-1-100, and 16-1-110 take effect upon approval by the Governor. The remainder of the act and the repeal of Section 24-13-100 take effect one year after approval by the Governor and apply to all crimes committed on and after that date.

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This web page was last updated on Wednesday, December 9, 2009 at 9:12 A.M.