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Current Status Bill Number:View additional legislative information at the LPITS web site.96 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19990112 Primary Sponsor:Thomas All Sponsors:Thomas, Elliott, Courtney, Ryberg, Wilson, Russell, Fair Drafted Document Number:l:\council\bills\ggs\22023cm99.doc Residing Body:Senate Subject:Restitution and fines, to collect from certain released prisoners; Probation, Parole and Pardon History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 19990420 Committee report: Favorable 03 SCP Senate 19990112 Introduced, read first time, 03 SCP referred to Committee Senate 19981118 Prefiled, referred to Committee 03 SCP Versions of This Bill Revised on April 20, 1999 - Word format
COMMITTEE REPORT
April 20, 1999
S. 96
Introduced by Senators Thomas, Elliott, Courtney, Ryberg, Wilson, Russell and Fair
S. Printed 4/20/99--S.
Read the first time January 12, 1999.
To whom was referred a Bill (S. 96), to amend the Code of Laws of South Carolina, 1976, by adding Section 24-21-570 so as to provide procedures to collect restitution and fines from persons released on probation, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass:
DAVID L. THOMAS, for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-21-570 SO AS TO PROVIDE PROCEDURES TO COLLECT RESTITUTION AND FINES FROM PERSONS RELEASED ON PROBATION, PAROLE, SUPERVISED FURLOUGH, OR CONDITIONAL RELEASE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 24-21-570. (A) As a condition for a person to be released on probation, parole, supervised furlough, conditional release, or to be supervised by the Department of Probation, Parole and Pardon Services, all legal requirements, including all due process requirements of notice and an opportunity to be heard before a prejudgment garnishment of wages is entered by a judge, are waived for the person. The department may issue a continuing garnishment order to an employer of a person being supervised by the department who is in arrears on his payment of restitution, a fine, or both, for the unpaid balance of the restitution, fine, or both.
(B) The employer, upon receipt of the order, must withhold immediately one-fourth of all wages in excess of thirty times the minimum wage an hour for each week and remit the monies to the department. Failure to comply with the order after the employer receives notice of the order makes the employer liable for the sums not withheld.
(C) The order shall remain in force until the total sum indicated in the order has been paid. The expiration of supervision does not end the order. If the employee is terminated and subsequently rehired, the order remains effective.
(D) If the person believes his restitution, fine, or both, have been satisfied, he must notify the department in writing with an accounting showing payment. If the department does not send notice to terminate the order within ten days of receipt of the notice, the individual may apply to the Court of General Sessions to get a determination of whether the restitution, fine, or both, have been satisfied.
(E) The department may initiate an attachment of state income tax refunds due to a person under supervision who is in arrears on his payment of restitution, fine, or both. The department may initiate another remedy available to creditors to collect restitution, a fine, or both, due from an individual under supervision.
(F) The provisions contained in this section do not limit other actions which can be taken by the department against an individual under supervision by the department for failure to comply with a condition of supervision."
SECTION 2. This act takes effect upon approval by the Governor.
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