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Current Status Bill Number:View additional legislative information at the LPITS web site.3141 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:20010109 Primary Sponsor:Wilkins All Sponsors:Wilkins, Harrison, Walker, Simrill, Whatley, Delleney, Sandifer, Altman, Knotts, Thompson Drafted Document Number:l:\council\bills\ggs\22724cm01.doc Residing Body:House Current Committee:Conference Committee 98 HCC Date of Last Amendment:20020214 Subject:Truth in Sentencing Act, Military Confinement; Crimes and Offenses, Prisoners, Probation, Parole, Pardon; Corrections History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020227 Conference Committee Appointed 88 SCC Hutto Waldrep McConnell House 20020227 Conference Committee Appointed 98 HCC Harrison F.N. Smith Delleney House 20020219 Non-concurrence in Senate amendment ------ 20020215 Scrivener's error corrected Senate 20020214 Amended, read third time, returned to House with amendment Senate 20020213 Debate interrupted by adjournment ------ 20020213 Scrivener's error corrected Senate 20020212 Amended Senate 20020205 Debate interrupted Senate 20020205 Read second time, ordered to third reading with notice of general amendments, carrying over all amendments to third reading Senate 20020124 Debate interrupted Senate 20020123 Amended Senate 20020117 Debate interrupted Senate 20020115 Made Special Order Senate 20010425 Committee report: majority 11 SJ favorable, with amendment, minority unfavorable Senate 20010307 Introduced, read first time, 11 SJ referred to Committee House 20010307 Read third time, sent to Senate House 20010306 Amended, read second time House 20010306 Request for debate by Representative Scott House 20010301 Request for debate by Representative Fleming Harrison J.R. Smith House 20010228 Committee report: Favorable with 25 HJ amendment House 20010124 Co-Sponsor added (Rule 5.2) by Rep. Thompson House 20010118 Co-Sponsor added (Rule 5.2) by Rep. Knotts House 20010109 Introduced, read first time, 25 HJ referred to Committee ------ 20010105 Scrivener's error corrected House 20001220 Prefiled, referred to Committee 25 HJ Versions of This Bill Revised on January 5, 2001 - Word format Revised on February 28, 2001 - Word format Revised on March 6, 2001 - Word format Revised on April 25, 2001 - Word format Revised on April 26, 2001 - Word format Revised on January 23, 2002 - Word format Revised on January 23, 2002-A - Word format Revised on February 12, 2002 - Word format Revised on February 13, 2002 - Word format Revised on February 14, 2002 - Word format Revised on February 15, 2002 - Word format
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
February 14, 2002
H. 3141
Introduced by Reps. Wilkins, Harrison, Walker, Simrill, Whatley, Delleney, Sandifer, Altman, Knotts and Thompson
S. Printed 2/14/02--S. [SEC 2/15/02 2:53 PM]
Read the first time March 7, 2001.
TO AMEND SECTION 16-1-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, 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 CHANGE THE NAME OF THE COMMISSION TO THE SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION, AND REVISE THE COMPOSITION 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 DUTIES AND RESPONSIBILITIES OF THE COMMISSION WHOSE NAME HAS BEEN CHANGED TO THE SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION, AND THE CONTENTS OF ITS ANNUAL REPORT; TO AMEND SECTION 24-26-50, AS AMENDED, RELATING TO THE ESTABLISHMENT OF GENERAL POLICIES AND APPROVAL OF ADVISORY GUIDELINES BY THE SENTENCING GUIDELINES COMMISSION, SO AS TO DELETE THE PROVISION THAT REQUIRES THAT THE COMMISSION'S ADVISORY GUIDELINES MUST BE APPROVED BY THE GENERAL ASSEMBLY; 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", TO AMEND CHAPTER 1, TITLE 25, RELATING TO MILITARY, CIVIL DEFENSE, AND VETERANS AFFAIRS, BY ADDING ARTICLE 25 SO AS TO PROVIDE THAT CERTAIN MILITARY PERSONNEL WHO ARE SENTENCED TO CONFINEMENT SHALL SERVE THE FULL TERM OF THE CONFINEMENT UNDER CERTAIN CIRCUMSTANCES; 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. This bill may be cited as the "South Carolina Truth in Sentencing Act." It applies to all criminal offenses in South Carolina punishable by a maximum term of imprisonment of fifteen years or more, as well as, assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, and criminal sexual conduct in the third degree. The Act does not apply to a sentence imposed pursuant to the Youthful Offender Act or a sentence involving the shock Incarceration Program.
SECTION 2. 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 must make reasonable efforts to 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 parole offense" as defined in Section 24-13-100 Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, and who is otherwise eligible for work release shall must not have his place of confinement extended until he has served the minimum period of incarceration as set forth in Section 24-13-125."
SECTION 3. 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 parole offense', as defined in Section 24-13-100, Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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."
SECTION 4. 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 Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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."
SECTION 5. 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 Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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' as defined in Section 24-13-100 Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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' Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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) 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) 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) 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) 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 6. 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, Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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, Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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' Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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) 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) 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) 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)(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) The South Carolina Department of Corrections may not pay any tuition for college courses."
SECTION 7. 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 8. 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, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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 9. 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, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, or 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 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 An inmate 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 an inmate through any a supervised furlough program.
These requirements do not apply to the crimes referred to in this section."
SECTION 10. 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, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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 11. 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, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or minal sexual conduct in the third degree,
SECTION 12. 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 Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, on or after the effective date of this section is not eligible for parole consideration, but 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 must be periodically rotated periodically on a random basis by the chairman. At the meetings of the panels, any a unanimous vote shall must 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 must not be considered as a decision of the board, and the matter shall must 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 committed 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 committed a crime under Sections 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 provision 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 provision or a 'no parole offense' as defined in Section 24-13-100 Class A, B, 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 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 Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, on or after the effective date of this section to be eligible for parole."
SECTION 13. 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, C, or D felony or an offense exempt from classification contained in Section 16-1-10(D), which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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' Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree, 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. 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 must 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. However, the court may not impose a period of incarceration exceeding the length of time remaining on the original sentence. 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' Class A, B, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, or criminal sexual conduct in the third degree. 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, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, criminal sexual conduct in the third degree, or a thirty-year sentence for murder under Section 16-3-20 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, C, or D felony, an offense exempt from classification contained in Section 16-1-10(D) which is punishable by a maximum term of imprisonment of fifteen years or more, or the offense of assault and battery of a high and aggravated nature, criminal domestic violence of a high and aggravated nature, criminal sexual conduct in the third degree, 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 14. 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 Criminal Justice Commission composed of thirteen nineteen 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 chairman of the Senate Judiciary Committee;
(4) three members of the House designated by the Chairman 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 President 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;
(10) the Chief of the State Law Enforcement Division, or his designee, to serve ex officio;
(11) the Chairman of the Commission on Appellate Defense, or his designee, who must be a member of that commission or who must be the director of the commission;
(12) the Chairman of the State Board of Corrections, or his designee, who must be a member of that board or who must be the Commissioner of the Department of Corrections;
(13) the Chairman of the Board of the Department of Probation, Parole and Pardon Services, or his designee, who must be a member of that board or who must be the Commissioner or Executive Director of the Department of Probation, Parole and Pardon Services; and
(14) the Director of the State Office of Victims' Assistance."
SECTION 15. Section 24-26-20 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"The commission has the following duties and responsibilities:
(1) recommend advisory sentencing guidelines for the general sessions court for all offenses for which a term of imprisonment of more than one year is allowed.
(a) The guidelines must establish:
(i) the circumstances under which imprisonment of an offender is proper;
(ii) a range of fixed sentences for offenders for whom imprisonment is proper, based on each appropriate combination of reasonable offense and offender characteristics;
(iii) a determination whether multiple sentences to terms of imprisonment must be ordered to run concurrently or consecutively.
(b) In establishing the advisory sentencing guidelines, the commission shall take into consideration current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities;
(2) recommend appropriate advisory sentencing guidelines for the general sessions courts for all offenses for which a term of imprisonment of one year or less is allowed;
(3) recommend appropriate advisory guidelines sanctions for offenders for whom traditional imprisonment is not considered proper. Advisory guidelines promulgated by the commission for offenders for whom traditional imprisonment is not considered proper must make specific reference to noninstitutional sanctions;
(4) develop and recommend policies for preventing prison and jail overcrowding;
(5) examine the impact of statutory provisions and current administrative policies on prison and jail overcrowding;
(2) establish goals and priorities for the reduction of crime and the improvement of the administration of justice in this State;
(3) cooperate with and render assistance to state and local governmental agencies and public or private agencies relating to the criminal justice system;
(4) evaluate and recommend means to improve the deterrent and rehabilitative capabilities of the criminal justice system;
(5) make inmate population computations for use in planning for the long-range needs of the criminal justice system;
(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;
(7) research and gather relevant statistical data and other information concerning the impact of efforts to prevent prison and jail overcrowding and make the information available to criminal justice agencies and members of the General Assembly;
(8) serve as a clearing house and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices and conduct ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating to the improvement of the criminal justice system;
(9) make recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing."
SECTION 16. Section 24-26-50 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"Section 24-26-50. The commission, by vote of a majority of the membership, may establish general policies. The advisory guidelines prescribed and promulgated pursuant to Section 24-26-20 must be approved by the General Assembly."
SECTION 17. Chapter 1, Title 25 of the 1976 Code is amended by adding:
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 18. Title 24 of the 1976 Code is amended by adding:
Section 24-28-10. (A) Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, must collect and maintain the following information regarding vehicle traffic enforcement:
(1) the number of drivers stopped for vehicle traffic enforcement where a warning or citation was issued;
(2) identifying characteristics of each driver stopped, including the race or ethnicity, age, and gender;
(3) the alleged traffic violation that led to the stop;
(4) whether the vehicle, personal effects, driver, or any passengers were searched;
(5) the basis for the search; and
(6) the race or ethnicity of the officer.
(B) Except when warnings or citations are issued or searches, seizures, or arrests take place, the information required by subsection (A) is not required to be collected in connection with driving under the influence checkpoints or other types of roadblocks, vehicle checks, or checkpoints that comply with the laws of this State and with the State and United States Constitutions.
(C) The Department of Public Safety must annually report to the General Assembly the number of licensed drivers in each county as of December thirty-first of the previous year. The number of licensed drivers must be categorized by age, gender, and race or ethnicity.
(D) The information required to be collected by subsections (A) and (C) must be reported to the Speaker of the House of Representatives and the President Pro Tempore of the Senate by the first day of the legislative session for distribution to the General Assembly.
(E) Agencies which employ law enforcement officers to enforce the traffic laws of this State, including, but not limited to, the Department of Public Safety, sheriff's departments, and municipal police departments, must compile, annually publish, and make available to the public in a report, the following information regarding formal complaints by members of the public against officers of the agency:
(1) the number of complaints received by type and location of incident by county;
(2) the gender, age, and race of the complainant, when known, and the gender, age, and race of any officer involved in the complaint;
(3) the disposition for each complaint including, but not limited to, the following:
(a) exonerated. The alleged incident did occur, but the actions of the officer were justified, lawful, and proper;
(b) sustained. The investigation disclosed sufficient evidence to prove the allegation;
(c) not sustained. The investigation failed to disclose sufficient evidence to clearly prove or disprove the allegation;
(d) unfounded. The alleged incident did not occur or there is insufficient information to conduct a meaningful investigation; and
(4) the total number of disciplinary actions, including, but not limited to, letters of reprimand, suspensions with or without pay, and dismissals, stemming from each type of sustained complaint.
(F) As used in subsection (E), 'complaint' means a signed report regarding vehicle traffic enforcement received by an agency regarding the conduct of an officer or of an incident, pattern, or practice of conduct that deprives a person of a right, privilege, or immunity secured or protected by the State or the United States Constitutions or any law of the State.
(G) The annual report required by subsection (E) must respect privacy concerns and must not include the name, badge number, or other identifying information regarding officers, complainants, or other participants in a complaint, other than the information required by this section.
(H) Nothing in this section, in and of itself, may be construed to create a private cause of action.
(I) Nothing in this section prohibits the introduction, in any court of competent jurisdiction, of data obtained pursuant to the requirements of this section."
SECTION 19. (A) The 1976 Code is amended by adding:
"Section 56-1-464. Notwithstanding the provisions of Section 56-1-460, a person who drives a motor vehicle on any public highway of the State when his license is canceled, suspended, or revoked solely based on an out-of-state motor vehicle violation for which the penalty is a fine and the fine has not been paid to the out-of-state agency and when the violation is not based upon a charge of driving under the influence of alcohol or drugs or a reckless driving charge may petition the magistrate's court to dismiss the State's charge of driving under suspension based upon the out-of-state violation if:
(1) the person presents to the court a satisfactory resolution of the out-of-state violation as exhibited by an official receipt from the out-of-state agency that the fine has been paid; and
(2) the person pays an assessment to the magistrate's court for a first offense of five hundred dollars; for a second offense of one thousand dollars; for a third offense of one thousand five hundred dollars; and for a fourth and subsequent offense of two thousand dollars. This assessment is not subject to an additional assessment under the provisions of Sections 14-1-207 or 14-1-208.
Notwithstanding the provisions of Sections 22-3-540, 22-3-545, and 22-3-550, an offense punishable under this subitem must be tried exclusively in magistrate's court.
(B) The provisions of Section 56-1-464 as contained in this section apply to any applicable out-of-state offense committed within the last ten years before the effective date of this section, notwithstanding any other provision of this act to the contrary."
SECTION 20. Section 44-53-375 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:
"(A) A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, as defined in Section 44-53-110, is guilty of a felony misdemeanor and, upon conviction for a first offense, must be imprisoned not more than five two years and or fined not less more than five thousand dollars, or both. For a first offense the court, upon approval of the solicitor, may require as part of a sentence, that the offender enter and successfully complete a drug treatment and rehabilitation program. For a second offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten five years and or fined not less more than ten five thousand dollars, or both. For a third or subsequent offense, the offender is guilty of a felony and, upon conviction, must be imprisoned not less more than ten five years nor more than fifteen years and or fined not less more than fifteen ten thousand dollars, or both.
(B) A person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver ice, crank, or crack cocaine, in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction:
(1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years and or fined not less more than twenty-five thousand dollars, or both;
(2) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not more than twenty-five years and or fined not less more than fifty thousand dollars, or both;
(3) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for not more than thirty years and or fined not less more than one hundred fifty thousand dollars, or both.
Except in the case of a conviction for a first offense under this subsection, the sentence must not be suspended and probation must not be granted. Possession of one or more grams of ice, crank, or crack cocaine is prima facie evidence of a violation of this subsection.
(C) A person who knowingly sells, manufactures, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of ten grams or more of ice, crank, or crack cocaine, as defined and otherwise limited in Sections 44-53-110, 44-53-210(b)(4), 44-53-210(d)(1), or 44-53-210(d)(2), is guilty of a felony which is known as "trafficking in ice, crank, or crack cocaine" and, upon conviction, must be punished as follows if the quantity involved is:
(1) ten grams or more, but less than twenty-eight grams:
(a) for a first offense, a term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;
(b) for a second offense, a term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(c) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(2) twenty-eight grams or more, but less than one hundred grams:
(a) for a first offense, a term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(b) for a second offense, a term of imprisonment of not less than seven years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(c) for a third or subsequent offense, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(3) one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;
(4) two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;
(5) four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.
(D) Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted. A person convicted and sentenced under this subsection to a mandatory term of imprisonment of twenty-five years, a mandatory minimum term of imprisonment of twenty-five years, or a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years is not eligible for parole, extended work release, as provided in Section 24-13-610, or supervised furlough, as provided in Section 24-13-710."
SECTION 21. Section 2-13-66, 16-1-90, 16-1-100, 16-1-110, and 24-13-100 of the 1976 Code are is repealed. Section 24-28-10 is repealed July 1, 2006.
SECTION 22. If 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 23. 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 24. SECTIONS 2, 3, 4, 17, 18, 19 14, 15, 16, 19, and 20 take effect upon approval by the Governor. SECTION 18 takes effect July 1, 2002 and the repeal of Section 24-28-10 takes effect July 1, 2006. 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.
This web page was last updated on Tuesday, December 8, 2009 at 4:14 P.M.