South Carolina General Assembly
114th Session, 2001-2002

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Bill 3528


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3528
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20010213
Primary Sponsor:                  Harrison
All Sponsors:                     Harrison, Wilkins and Fleming
Drafted Document Number:          l:\council\bills\skb\18184som01.doc
Residing Body:                    Senate
Current Committee:                Judiciary Committee 11 SJ
Subject:                          Sexually violent predator, 
                                  multidisciplinary review team appointed by 
                                  Corrections Director revised; Crimes, Sex 
                                  offenses


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
Senate  20010412  Introduced, read first time,           11 SJ
                  referred to Committee
House   20010411  Read third time, sent to Senate
House   20010410  Read second time
House   20010404  Committee report: Favorable            25 HJ
House   20010213  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on April 4, 2001 - 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

COMMITTEE REPORT

April 4, 2001

    H. 3528

Introduced by Reps. Harrison, Wilkins and Fleming

S. Printed 4/4/01--H.

Read the first time February 13, 2001.

            

THE COMMITTEE ON JUDICIARY

    To whom was referred a Bill (H. 3528) to amend Section 44-48-50, Code of Laws of South Carolina, 1976, relating to the multidisciplinary team reviewing records to determine if a person is a sexually violent predator, etc., respectfully

REPORT:

    That they have duly and carefully considered the same and recommend that the same do pass:

JAMES H. HARRISON for Committee.

            

A BILL

TO AMEND SECTION 44-48-50, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE MULTIDISCIPLINARY TEAM REVIEWING RECORDS TO DETERMINE IF A PERSON IS A SEXUALLY VIOLENT PREDATOR, SO AS TO CHANGE THE MEMBERSHIP OF THE TEAM.

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

SECTION    1.        Section 44-48-50 of the 1976 Code, as added by Act 321 of 1998, is amended to read:

    "Section 44-48-50.        The Director of the Department of Corrections shall appoint a multidisciplinary team to review the records of each person referred to the team pursuant to Section 44-48-40. These records may include, but are not limited to, the person's criminal offense record, any relevant medical and psychological records, treatment records, and any disciplinary or other records formulated during confinement or supervision. The team, within thirty days of receiving notice as provided for in Section 44-48-40, shall assess whether or not the person satisfies the definition of a sexually violent predator. If it is determined that the person satisfies the definition of a sexually violent predator, the multidisciplinary team must forward a report of the assessment to the prosecutor's review committee. The assessment must be accompanied by all records relevant to the assessment. Membership of the team must include:

    (1)    a representative from the Department of Corrections;

    (2)    a representative from the Department of Probation, Parole, and Pardon Services;

    (3)    a representative from the Department of Mental Health who is a trained, qualified mental health clinician with expertise in treating sexually violent offenders;

    (4)    a retired judge appointed by the Chief Justice who is eligible for continued judicial service pursuant to Section 2-19-100; and

    (5)    the Chief Attorney of the Office of Appellate Defense or his designee. an attorney experienced in the practice of criminal law appointed from a list of candidates submitted by the President of the South Carolina Bar to serve a term of one year.

The Director of the Department of Corrections or his designee shall be the chairman of the team."

SECTION    2.    This act takes effect upon approval by the Governor.

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