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					                                   South Carolina General Assembly
                                       115th Session, 2003-2004

H. 3186

STATUS INFORMATION

General Bill
Sponsors: Reps. Wilkins, Harrison, Altman, Bailey, Littlejohn, Stille, Simrill, Sandifer, Walker,
M.A. Pitts, Coates, Richardson and Cotty
Document Path: l:\council\bills\swb\5069cm03.doc

Introduced in the House on January 14, 2003
Currently residing in the House Committee on Judiciary

Summary: Truth in Sentencing Act, Sentencing Guidelines


HISTORY OF LEGISLATIVE ACTIONS

    Date     Body    Action Description with journal page number
12/11/2002   House   Prefiled
12/11/2002   House   Referred to Committee on Judiciary
 1/14/2003   House   Introduced and read first time HJ-71
 1/14/2003   House   Referred to Committee on Judiciary HJ-73
  2/4/2003   House   Member(s) request name added as sponsor: Cotty


VERSIONS OF THIS BILL

12/11/2002
 1
 2
 3
 4
 5
 6
 7
 8
 9                       A BILL
10
11   TO ENACT THE “SOUTH CAROLINA TRUTH IN
12   SENTENCING ACT” BY AMENDING SECTION 24-3-20, AS
13   AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976,
14   RELATING TO CONFINEMENT OF PRISONERS AND WORK
15   RELEASE PROGRAM ELIGIBILITY, SO AS TO PROVIDE
16   THAT THE DEPARTMENT OF CORRECTIONS MUST MAKE
17   REASONABLE       EFFORTS   TO   NOTIFY    CERTAIN
18   INDIVIDUALS BEFORE RELEASING INMATES ON WORK
19   RELEASE, AND TO SUBSTITUTE CERTAIN FELONIES AND
20   OFFENSES EXEMPT FROM CLASSIFICATION FOR THE
21   TERM “NO PAROLE OFFENSE”; BY AMENDING SECTION
22   24-13-125, RELATING TO CONDITIONS A PRISONER MUST
23   MEET TO BECOME ELIGIBLE FOR WORK RELEASE, SO AS
24   TO SUBSTITUTE CERTAIN FELONIES AND OFFENSES
25   EXEMPT FROM CLASSIFICATION FOR THE TERM “NO
26   PAROLE OFFENSES”; BY AMENDING SECTION 24-13-150,
27   RELATING TO CONDITIONS A PRISONER MUST MEET TO
28   BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE,
29   OR COMMUNITY SUPERVISION, SO AS TO SUBSTITUTE
30   CERTAIN FELONIES AND OFFENSES EXEMPT FROM
31   CLASSIFICATION FOR THE TERM “NO PAROLE
32   OFFENSE”;      BY AMENDING SECTION 24-13-210, AS
33   AMENDED, RELATING TO ELIGIBILITY FOR AND
34   FORFEITURE OF GOOD CONDUCT CREDITS, SO AS TO
35   SUBSTITUTE CERTAIN FELONIES AND OFFENSES
36   EXEMPT FROM CLASSIFICATION FOR THE TERM “NO
37   PAROLE OFFENSE”; BY AMENDING SECTION 24-13-230,
38   AS AMENDED, RELATING TO ELIGIBILITY FOR
39   EDUCATION CREDITS, SO AS TO SUBSTITUTE CERTAIN
40   FELONIES      AND   OFFENSES       EXEMPT    FROM
41   CLASSIFICATION FOR THE TERM “NO PAROLE
42   OFFENSE”; BY AMENDING SECTION 24-13-650, AS

     [3186]                  1
 1   AMENDED, RELATING TO THE PROHIBITION AGAINST
 2   THE RELEASE OF AN OFFENDER INTO THE COMMUNITY
 3   IN WHICH HE COMMITTED THE CRIME, SO AS TO
 4   SUBSTITUTE CERTAIN FELONIES AND OFFENSES
 5   EXEMPT FROM CLASSIFICATION FOR THE TERM “NO
 6   PAROLE OFFENSE”; BY AMENDING SECTIONS 24-13-710
 7   AND 24-13-720, BOTH AS AMENDED, RELATING TO THE
 8   SUPERVISED FURLOUGH PROGRAM, SO AS TO
 9   SUBSTITUTE CERTAIN FELONIES AND OFFENSES
10   EXEMPT FROM CLASSIFICATION FOR THE TERM “NO
11   PAROLE OFFENSE”; BY AMENDING SECTION 24-13-1310,
12   AS   AMENDED,      RELATING   TO   THE    SHOCK
13   INCARCERATION PROGRAM, SO AS TO SUBSTITUTE
14   CERTAIN FELONIES AND OFFENSES EXEMPT FROM
15   CLASSIFICATION FOR THE TERM “NO PAROLE
16   OFFENSE”;     BY AMENDING SECTION 24-21-30, AS
17   AMENDED, RELATING TO PAROLE ELIGIBILITY, SO AS
18   TO SUBSTITUTE CERTAIN FELONIES AND OFFENSES
19   EXEMPT FROM CLASSIFICATION FOR THE TERM “NO
20   PAROLE OFFENSE”, TO REVISE THE GROUP OF INMATES
21   WHO MUST COMPLETE A COMMUNITY SUPERVISION
22   PROGRAM BEFORE BEING DISCHARGED FROM A COURT
23   IMPOSED SENTENCE, AND TO REVISE THE CONDITIONS
24   UPON WHICH PAROLE MAY BE GRANTED FOR CERTAIN
25   CRIMES; BY AMENDING SECTION 24-21-560, RELATING
26   TO PRISONERS WHO MUST COMPLETE A COMMUNITY
27   SUPERVISION     PROGRAM    OPERATED    BY   THE
28   DEPARTMENT OF PROBATION, PAROLE AND PARDON
29   SERVICES BEFORE THEIR RELEASE FROM THE
30   CRIMINAL JUSTICE SYSTEM, SO AS TO SUBSTITUTE
31   CERTAIN FELONIES FOR THE TERM “NO PAROLE
32   OFFENSE”, TO PROVIDE THAT A SENTENCE FOR A TERM
33   OF INCARCERATION LESS THAN TWENTY YEARS
34   IMPOSED FOR CERTAIN CRIMES MAY INCLUDE A
35   REQUIREMENT FOR COMPLETION OF A COMMUNITY
36   SUPERVISION PROGRAM, AND TO PROVIDE THAT IF A
37   COURT DETERMINES THAT A PRISONER WILFULLY
38   VIOLATED A TERM OR CONDITION OF THE COMMUNITY
39   SUPERVISION PROGRAM, IT MAY NOT IMPOSE A PERIOD
40   OF INCARCERATION THAT EXCEEDS THE LENGTH OF
41   TIME REMAINING ON THE PRISONER’S ORIGINAL
42   SENTENCE;     BY AMENDING SECTION 24-26-10, AS
43   AMENDED, RELATING TO THE ESTABLISHMENT OF THE

     [3186]                 2
 1   SOUTH       CAROLINA     SENTENCING     GUIDELINES
 2   COMMISSION, SO AS TO RENAME THE COMMISSION THE
 3   SOUTH CAROLINA CRIMINAL JUSTICE COMMISSION
 4   AND REVISE THE COMPOSITION OF THE COMMISSION;
 5   BY AMENDING SECTION 24-26-20, AS AMENDED,
 6   RELATING TO THE DUTIES AND RESPONSIBILITIES OF
 7   THE SOUTH CAROLINA SENTENCING GUIDELINES
 8   COMMISSION, SO AS TO REVISE THE DUTIES AND
 9   RESPONSIBILITIES OF THE COMMISSION, WHOSE NAME
10   HAS BEEN CHANGED TO THE SOUTH CAROLINA
11   CRIMINAL JUSTICE COMMISSION AND TO REVISE THE
12   CONTENTS OF ITS ANNUAL REPORT; TO AMEND
13   SECTION 24-26-50, AS AMENDED, RELATING TO THE
14   ESTABLISHMENT       OF  GENERAL     POLICIES   AND
15   APPROVAL OF ADVISORY GUIDELINES BY THE
16   SENTENCING GUIDELINES COMMISSION, SO AS TO
17   DELETE THE PROVISION THAT REQUIRES THAT THE
18   COMMISSION’S ADVISORY GUIDELINES MUST BE
19   APPROVED BY THE GENERAL ASSEMBLY; TO AMEND
20   SECTION 2-7-10, RELATING TO THE GENERAL EFFECTIVE
21   DATE OF ACTS AND JOINT RESOLUTIONS, SO AS TO
22   MAKE ALL ACTS WHICH IMPOSE A CRIMINAL PENALTY
23   EFFECTIVE ON JANUARY FIRST OF THE YEAR AFTER
24   APPROVAL BY THE GOVERNOR, UNLESS ANOTHER
25   DATE IS SPECIALLY NAMED IN THE ACT AS THE DAY
26   UPON WHICH IT TAKES EFFECT; TO AMEND SECTION
27   16-1-10,   AS    AMENDED,    RELATING     TO   THE
28   CATEGORIZATION OF FELONIES AND MISDEMEANORS,
29   SO AS TO REVISE THE EXEMPT CATEGORY OF CRIMES;
30   TO AMEND SECTION 16-1-20, AS AMENDED, RELATING
31   TO PENALTIES FOR THE VARIOUS CLASSES OF CRIMES,
32   SO AS TO REVISE THE SET OF CRIMES FOR WHICH THE
33   MINIMUM TERM OF IMPRISONMENT APPLIES TO; TO
34   AMEND SECTION 16-1-30, AS AMENDED, RELATING TO
35   THE CLASSIFICATION OF OFFENSES, SO AS TO PROVIDE
36   THAT      ALL    OFFENSES   ARE    AUTOMATICALLY
37   CLASSIFIED EXCEPT CERTAIN CRIMES THAT ARE
38   EXEMPT FROM BEING CLASSIFIED;          TO REPEAL
39   SECTIONS 2-13-66, 16-1-90, 16-1-100, 16-1-110, AND
40   24-13-100; AND BY PROVIDING BOTH SEVERABILITY
41   AND SAVINGS CLAUSES.
42
43

     [3186]                  3
 1   Be it enacted by the General Assembly of the State of South
 2   Carolina:
 3
 4   SECTION 1. This bill may be cited as the “South Carolina Truth
 5   in Sentencing Act.” The act does not apply to a sentence imposed
 6   pursuant to the Youthful Offender Act or a sentence involving the
 7   Shock Incarceration Program.
 8
 9   SECTION 2. Section 24-3-20(B) of the 1976 Code, as last
10   amended by Act 406 of 1996, is further amended to read:
11
12      “(B) When the director determines that the character and attitude
13   of a prisoner reasonably indicates that he may be trusted, he may
14   extend the limits of the place of confinement of the prisoner by
15   authorizing him to work at paid employment or participate in a
16   training program in the community on a voluntary basis while
17   continuing as a prisoner, provided that the director determines that:
18        (1) the paid employment will not result in the displacement
19   of employed workers, nor be applied in skills, crafts, or trades in
20   which there is surplus of available gainful labor in the locality, nor
21   impair existing contracts for services; and
22        (2) the rates of pay and other conditions of employment will
23   are not be less than those paid and provided for work of similar
24   nature in the locality in which the work is to be performed.
25      The department shall must make reasonable efforts to notify
26   victims registered pursuant to Article 15, Chapter 3, Title 16 and
27   the trial judge, solicitor, and sheriff of the county or the law
28   enforcement agency of the jurisdiction where the offense occurred
29   before releasing inmates on work release. The department shall
30   have the authority to deny release based upon opinions received
31   from these persons, if any, as to the suitability of the release.
32      No A prisoner’s place of confinement may not be extended as
33   permitted by this subsection who is currently serving a sentence
34   for or has a prior conviction of criminal sexual conduct in the first,
35   second, or third degree; attempted criminal sexual conduct; assault
36   with intent to commit criminal sexual conduct; criminal sexual
37   conduct when the victim is his legal spouse; criminal sexual
38   conduct with a minor; committing or attempting to commit a lewd
39   act on a child; engaging a child for sexual performance; or spousal
40   sexual battery. No A prisoner who is serving a sentence for a “no
41   parole offense” as defined in Section 24-13-100 parole offense” as
42   defined in Section 24-13-100 Class A, B, or C felony, or any other
43   offense which is punishable by a maximum term of imprisonment

     [3186]                            4
 1   of twenty years or more and who is otherwise eligible for work
 2   release shall must not have his place of confinement extended until
 3   he has served the minimum period of incarceration as set forth in
 4   Section 24-13-125.”
 5
 6   SECTION 3. Section 24-13-125 of the 1976 Code, as added by
 7   Act 83 of 1995, is amended to read:
 8
 9      “Section 24-13-125. (A) Notwithstanding any other another
10   provision of law, except in a case in which the death penalty or a
11   term of life imprisonment is imposed, a prisoner convicted of a
12   parole offense’, as defined in Section 24-13-100, Class A, B, or C
13   felony or any other offense which is punishable by a maximum
14   term of imprisonment of twenty years or more and sentenced to the
15   custody of the Department of Corrections, including a prisoner
16   serving time in a local facility pursuant to a designated facility
17   agreement authorized by Section 24-3-20, is not eligible for work
18   release until the prisoner has served not less than eighty percent of
19   the actual term of imprisonment imposed. This percentage must be
20   calculated without the application of earned work credits,
21   educational credits, or good conduct credits, and is to be applied to
22   the actual term of imprisonment imposed, not including any a
23   portion of the sentence which that has been suspended. Nothing in
24   this section may be construed to allow a prisoner convicted of
25   murder or a prisoner prohibited from participating in work release
26   by another provision of law to be eligible for work release.
27      (B) If a prisoner confined in a facility of the department
28   commits an offense or violates one of the rules of the institution
29   during his term of imprisonment, all or part of the credit he has
30   earned may be forfeited in the discretion of the Director of the
31   Department of Corrections. If a prisoner confined in a local
32   correctional facility pursuant to a designated facility agreement
33   commits an offense or violates one of the rules of the institution
34   during his term of imprisonment, all or part of the credit he has
35   earned may be forfeited in the discretion of the local official
36   having charge of the prisoner. The decision to withhold credits is
37   solely the responsibility of officials named in this subsection.”
38
39   SECTION 4. Section 24-13-150 of the 1976 Code, as added by
40   Act 83 of 1995, is amended to read:
41
42     “Section 24-13-150. (A) Notwithstanding any other another
43   provision of law, except in a case in which the death penalty or a

     [3186]                            5
 1   term of life imprisonment is imposed, a prisoner convicted of a ‘no
 2   parole offense’ as defined in Section 24-13-100 felony or any other
 3   offense punishable by a maximum term of imprisonment of five
 4   years or more and sentenced to the custody of the Department of
 5   Corrections, including a prisoner serving time in a local facility
 6   pursuant to a designated facility agreement authorized by Section
 7   24-3-20, is not eligible for early release, discharge, or community
 8   supervision as provided in Section 24-21-560, until the prisoner
 9   has served at least eighty-five percent of the actual term of
10   imprisonment imposed. This percentage must be calculated
11   without the application of earned work credits, education
12   educational credits, or good conduct credits, and is to be applied to
13   the actual term of imprisonment imposed, not including any a
14   portion of the sentence which that has been suspended. Nothing in
15   this section may be construed to allow a prisoner convicted of
16   murder or a prisoner prohibited from participating in work release,
17   early release, discharge, or community supervision by another
18   provision of law to be eligible for work release, early release,
19   discharge, or community supervision.
20      (B) If a prisoner confined in a facility of the department
21   commits an offense or violates one of the rules of the institution
22   during his term of imprisonment, all or part of the credit he has
23   earned may be forfeited in the discretion of the Director of the
24   Department of Corrections. If a prisoner confined in a local
25   correctional facility pursuant to a designated facility agreement
26   commits an offense or violates one of the rules of the institution
27   during his term of imprisonment, all or part of the credit he has
28   earned may be forfeited in the discretion of the local official
29   having charge of the prisoner. The decision to withhold credits is
30   solely the responsibility of officials named in this subsection.”
31
32   SECTION 5. Section 24-13-210 of the 1976 Code, as last
33   amended by Act 83 of 1995, is further amended to read:
34
35     “Section 24-13-210. (A) A prisoner convicted of an offense
36   against this State, except a ‘no parole offense’ as defined in
37   Section 24-13-100 felony or any other offense punishable by a
38   maximum term of imprisonment of five years or more and
39   sentenced to the custody of the Department of Corrections
40   including a prisoner serving time in a local facility pursuant to a
41   designated facility agreement authorized by Section 24-3-30,
42   whose record of conduct shows that he has faithfully observed all
43   the rules of the institution where he is confined and has not been

     [3186]                            6
 1   subjected to punishment for misbehavior, is entitled to a deduction
 2   from the term of his sentence beginning with the day on which the
 3   service of his sentence commences to run, computed at the rate of
 4   twenty days for each month served. When two or more
 5   consecutive sentences are to be served, the aggregate of the several
 6   sentences is the basis upon which the good conduct credit is
 7   computed.
 8      (B) A prisoner convicted of a ‘no parole offense’ as defined in
 9   Section 24-13-100 felony or any other offense punishable by a
10   maximum term of imprisonment of five years or more and
11   sentenced to the custody of the Department of Corrections,
12   including a prisoner serving time in a local facility pursuant to a
13   designated facility agreement authorized by Section 24-3-30,
14   whose record of conduct shows that he has faithfully observed all
15   the rules of the institution where he is confined and has not been
16   subjected to punishment for misbehavior, is entitled to a deduction
17   from the term of his sentence beginning with the day on which the
18   service of his sentence commences to run, computed at the rate of
19   three days for each month served. However, no a prisoner serving
20   a sentence for life imprisonment or a mandatory minimum term of
21   imprisonment for thirty years pursuant to Section 16-3-20 is not
22   entitled to credits under this provision. No A prisoner convicted of
23   a ‘no parole offense’ felony or any other offense punishable by a
24   maximum term of imprisonment of five years or more is not
25   entitled to a reduction below the minimum term of incarceration
26   provided in Section 24-13-125 or 24-13-150. When two or more
27   consecutive sentences are to be served, the aggregate of the several
28   sentences is the basis upon which the good conduct credit is
29   computed.
30      (C) A prisoner convicted of an offense against this State and
31   sentenced to a local correctional facility, or upon the public works
32   of any a county in this State, whose record of conduct shows that
33   he has faithfully observed all the rules of the institution where he is
34   confined, and has not been subjected to punishment for
35   misbehavior, is entitled to a deduction from the term of his
36   sentence beginning with the day on which the service of his
37   sentence commences to run, computed at the rate of one day for
38   every two days served. When two or more consecutive sentences
39   are to be served, the aggregate of the several sentences is the basis
40   upon which good conduct credits must be computed.
41      (D) If a prisoner confined in a facility of the department
42   commits an offense or violates one of the rules of the institution
43   during his term of imprisonment, all or part of the good conduct

     [3186]                             7
 1   credit he has earned may be forfeited in the discretion of the
 2   Director of the Department of Corrections. If a prisoner confined
 3   in a local correctional facility pursuant to a designated facility
 4   agreement commits an offense or violates one of the rules of the
 5   institution during his term of imprisonment, all or part of the good
 6   conduct credit he has earned may be forfeited in the discretion of
 7   the local official having charge of the prisoner. The decision to
 8   withhold forfeited good conduct time is solely the responsibility of
 9   officials named in this subsection.
10      (E) Any A person who has served the term of imprisonment for
11   which he has been sentenced less deductions allowed therefrom for
12   good conduct is considered upon release to have served the entire
13   term for which he was sentenced unless the person is required to
14   complete a community supervision program pursuant to Section
15   24-21-560. If the person is required to complete a community
16   supervision program, he must complete his sentence as provided in
17   Section 24-21-560 prior to before discharge from the criminal
18   justice system.
19      (F) No credits Credits earned pursuant to this section may not
20   be applied in a manner which would prevent full participation in
21   the Department of Probation, Parole, and Pardon Services’
22   prerelease or community supervision program as provided in
23   Section 24-21-560.”
24
25   SECTION 6. Section 24-13-230 of the 1976 Code, as last
26   amended by Act 83 of 1995, is further amended to read:
27
28      “Section 24-13-230. (A) The Director of the Department of
29   Corrections may allow any prisoner in the custody of the
30   department, except a prisoner convicted of a ‘no parole offense’ as
31   defined in Section 24-13-100, felony or any other offense
32   punishable by a maximum term of imprisonment of five years or
33   more who is assigned to a productive duty assignment or who is
34   regularly enrolled and actively participating in an academic,
35   technical, or vocational training program, a reduction from the
36   term of his sentence of zero to one day for every two days he is
37   employed or enrolled. A maximum annual credit for both work
38   credit and education credit is limited to one hundred eighty days.
39      (B) The Director of the Department of Corrections may allow a
40   prisoner in the custody of the department serving a sentence for a
41   ‘no parole offense’ as defined in Section 24-13-100, felony or any
42   other offense punishable by a maximum term of imprisonment of
43   five years or more who is assigned to a productive duty assignment

     [3186]                           8
 1   or who is regularly enrolled and actively participating in an
 2   academic, technical, or vocational training program, a reduction
 3   from the term of his sentence of six days for every month he is
 4   employed or enrolled. However, no a prisoner serving a sentence
 5   for life imprisonment or a mandatory minimum term of
 6   imprisonment for thirty years pursuant to Section 16-3-20 is not
 7   entitled to credits under this provision. No A prisoner convicted of
 8   a ‘no parole offense’ felony or any other offense punishable by a
 9   maximum term of imprisonment of five years or more is not
10   entitled to a reduction below the minimum term of incarceration
11   provided in Section 24-13-125 or 24-13-150. A maximum annual
12   credit for both work credit and education educational credit is
13   limited to seventy-two days.
14      (C) No credits Credits earned pursuant to this section may not
15   be applied in a manner which would prevent full participation in
16   the Department of Probation, Parole, and Pardon Services’
17   prerelease or community supervision program as provided in
18   Section 24-21-560.
19      (D) The amount of credit to be earned for each duty
20   classification or enrollment must be determined by the director and
21   published by him in a conspicuous place available to inmates at
22   each correctional institution. If a prisoner commits an offense or
23   violates one of the rules of the institution during his term of
24   imprisonment all or part of the work credit or education
25   educational credit he has earned may be forfeited in the discretion
26   of the official having charge of the prisoner.
27      (E) The official in charge of a local detention or correctional
28   facility to which persons convicted of offenses against the State are
29   sentenced shall allow any an inmate serving such a sentence in the
30   custody of the facility who is assigned to a mandatory productive
31   duty assignment a reduction from the term of his sentence of zero
32   to one day for every two days so employed. The amount of credit
33   to be earned for each duty classification must be determined by the
34   official in charge of the local detention or correctional facility and
35   published by him in a conspicuous place available to inmates.
36      (F)(1) An individual is only eligible only for the educational
37   credits provided for in this section, upon successful participation in
38   an academic, technical, or vocational training program.
39         (2) The educational credit provided for in this section, is not
40   available to any an individual convicted of a violent crime as
41   defined in Section 16-1-60.
42      (G) The South Carolina Department of Corrections may not pay
43   any tuition for college courses.”

     [3186]                            9
 1
 2   SECTION 7. Section 24-13-650 of the 1976 Code, as last
 3   amended by Act 83 of 1995, is further amended to read:
 4
 5      “Section 24-13-650. No         An     offender      committed        to
 6   incarceration for a violent offense as defined in Section 16-1-60 or
 7   a ‘no parole offense’ as defined in Section 24-13-100 Class A, B,
 8   or C felony or any other offense which is punishable by a
 9   maximum term of imprisonment of twenty years or more may not
10   be released back into the community in which the offender
11   committed the offense under the work release program, except in
12   those cases wherein, where applicable, the victim of the crime for
13   which the offender is charged or the relatives of the victim who
14   have applied for notification under Section 16-3-1530 if the victim
15   has died, the law enforcement agency which employed the
16   arresting officer at the time of the arrest, and the circuit solicitor all
17   agree to recommend that the offender be allowed to participate in
18   the work release program in the community where the offense was
19   committed. The victim or the victim’s nearest living relative, the
20   law enforcement agency, and the solicitor, as referenced above,
21   must affirm in writing that the offender be allowed to return to the
22   community in which the offense was committed to participate in
23   the work release program.”
24
25   SECTION 8. Section 24-13-710 of the 1976 Code, as last
26   amended by Act 83 of 1995, is further amended to read:
27
28      “Section 24-13-710. The Department of Corrections and the
29   Department of Probation, Parole, and Pardon Services shall jointly
30   develop the policies, procedures, guidelines, and cooperative
31   agreement for the implementation of a supervised furlough
32   program which permits carefully screened and selected inmates
33   who have served the mandatory minimum sentence as required by
34   law or have not committed a violent crime as defined in Section
35   16-1-60, a ‘no parole offense’ as defined in Section 24-13-100,
36   Class A, B, or C felony or any other offense which is punishable
37   by a maximum term of imprisonment of twenty years or more, or
38   the crime of criminal sexual conduct in the third degree as defined
39   in Section 16-3-654, or the crime of committing or attempting a
40   lewd act upon a child under the age of fourteen sixteen as defined
41   in Section 16-15-140 to be released on furlough prior to before
42   parole eligibility and under the supervision of state probation and
43   parole agents with the privilege of residing in an approved

     [3186]                             10
 1   residence and continuing treatment, training, or employment in the
 2   community until parole eligibility or expiration of sentence,
 3   whichever is earlier. The department and the Department of
 4   Probation, Parole, and Pardon Services shall assess a fee sufficient
 5   to cover the cost of the participant’s supervision and any other
 6   financial obligations incurred because of his participation in the
 7   supervised furlough program as provided by this article. The two
 8   departments shall jointly develop and approve written guidelines
 9   for the program to include, but not be limited to, the selection
10   criteria and process, requirements for supervision, conditions for
11   participation, and removal. The cooperative agreement between
12   the two departments shall specify the responsibilities and authority
13   for implementing and operating the program. Inmates An inmate
14   approved and placed on the program must be under the supervision
15   of agents of the Department of Probation, Parole, and Pardon
16   Services who are responsible for ensuring the inmate’s compliance
17   with the rules, regulations, and conditions of the program as well
18   as monitoring the inmate’s employment and participation in any of
19   the prescribed and authorized community-based correctional
20   programs such as vocational rehabilitation, technical education,
21   and alcohol/drug treatment. Eligibility criteria for the program
22   include, but are not limited to, all of the following requirements:
23      (1) maintain a clear disciplinary record for at least six months
24   prior to before consideration for placement on the program;
25      (2) demonstrate to Department of Corrections’ officials a
26   general desire to become a law-abiding member of society;
27      (3) satisfy any other reasonable requirements imposed upon
28   him by the Department of Corrections;
29      (4) have an identifiable need for and willingness to participate
30   in authorized community-based programs and rehabilitative
31   services;
32      (5) have been committed to the State Department of
33   Corrections with a total sentence of five years or less as the first or
34   second adult commitment for a criminal offense for which the
35   inmate received a sentence of one year or more. The Department
36   of Corrections shall notify victims pursuant to Section
37   16-3-1530(c) as well as the sheriff’s office of the place to be
38   released before releasing inmates an inmate through any a
39   supervised furlough program.
40      These requirements do not apply to the crimes referred to in this
41   section.”
42


     [3186]                            11
 1   SECTION 9. Section 24-13-720 of the 1976 Code, as last
 2   amended by Act 83 of 1995, is further amended to read:
 3
 4      “Section 24-13-720. Unless sentenced to life imprisonment, an
 5   inmate under the jurisdiction or control of the Department of
 6   Corrections who has not been convicted of a violent crime under
 7   the provisions of Section 16-1-60 or a ‘no parole offense’ as
 8   defined in Section 24-13-100 may Class A, B, or C felony or any
 9   other offense which is punishable by a maximum term of
10   imprisonment of twenty years or more, within six months of the
11   expiration of his sentence, may be placed with the program
12   provided for in Section 24-13-710 and is subject to every rule,
13   regulation, and condition of the program. No An inmate otherwise
14   eligible under the provisions of this section for placement with the
15   program may not be so placed unless he has qualified under the
16   selection criteria and process authorized by the provisions of
17   Section 24-13-710. He must also have maintained a clear
18   disciplinary record for at least six months prior to before eligibility
19   for placement with the program.”
20
21   SECTION 10. Section 24-13-1310(1)(c) of the 1976 Code, as
22   last amended by Act 83 of 1995, is further amended to read:
23
24      “(c) who has not been convicted of a violent crime as defined in
25   Section 16-1-60 or a ‘no parole offense’ as defined in Section
26   24-13-100 Class A, B, or C felony or any other offense which is
27   punishable by a maximum term of imprisonment of twenty years
28   or more;
29
30   SECTION 11. Section 24-21-30 of the 1976 Code, as last
31   amended by Act 83 of 1995, is further amended to read:
32
33      “Section 24-21-30. (A) A person who commits a ‘no parole
34   offense’ as defined in Section 24-13-100 felony or any other
35   offense which is punishable by a maximum term of imprisonment
36   of five years or more on or after the effective date of this section is
37   not eligible for parole consideration., but A person who is
38   convicted of a Class A, B, or C felony or any other offense which
39   is punishable by a maximum term of imprisonment of twenty years
40   or more, must complete a community supervision program as set
41   forth in Section 24-21-560 prior to before his discharge from the
42   sentence imposed by the court. For all offenders who are eligible
43   for parole, the board shall hold regular meetings, as may be

     [3186]                            12
 1   necessary to carry out its duties, but at least four times each year,
 2   and as many extra meetings as the chairman, or the Governor
 3   acting through the chairman, may order. The board may preserve
 4   order at its meetings and punish any disrespect or contempt
 5   committed in its presence. The chairman may direct the members
 6   of the board to meet as three-member panels to hear matters
 7   relating to paroles and pardons as often as necessary to carry out
 8   the board’s responsibilities. Membership on these panels shall
 9   must be periodically rotated periodically on a random basis by the
10   chairman. At the meetings of the panels, any a unanimous vote
11   shall must be considered the final decision of the board, and the
12   panel may issue an order of parole with the same force and effect
13   of an order issued by the full board pursuant to Section 24-21-650.
14   Any A vote that is not unanimous shall must not be considered as a
15   decision of the board, and the matter shall must be referred to the
16   full board which shall decide it based on a vote of a majority of the
17   membership.
18      (B) The board may grant parole to an offender who commits
19   committed a violent crime as defined in Section 16-1-60 before
20   January 1, 1996, by a two-thirds vote of the full board unless
21   prohibited by Section 24-21-640. The board may grant parole to
22   an offender who committed a crime under Sections
23   44-53-370(e)(1)(a)(1),                           44-53-370(e)(2)(a)(1),
24   44-53-370(e)(4)(a)(1),             44-53-370(e)(5)(a)(1),            or
25   44-53-375(C)(1)(a) before the effective date of this provision by a
26   two-thirds majority vote of the full board. which is not included as
27   a ‘no parole offense’ as defined in Section 24-13-100 on or after
28   the effective date of this section by a two-thirds majority vote of
29   the full board. The board may grant parole to an offender
30   convicted of an offense which is not a violent crime as defined in
31   Section 16-1-60 or a ‘no parole offense’ as defined in Section
32   24-13-100 felony or any other offense which is punishable by a
33   maximum term of imprisonment of five years or more committed
34   before the effective date of this provision, by a unanimous vote of
35   a three-member panel or by a majority vote of the full board.
36      Nothing in this subsection may be construed to allow any a
37   person who commits a ‘no parole offense’ as defined in Section
38   24-13-100 felony or any other offense which is punishable by a
39   maximum term of imprisonment of five years or more on or after
40   the effective date of this section to be eligible for parole.”
41
42   SECTION 12. Section 24-21-560 of the 1976 Code, as added by
43   Act 83 of 1995, is amended to read:

     [3186]                            13
 1
 2      “Section 24-21-560. (A) Notwithstanding any other another
 3   provision of law, except in a case in which the death penalty or a
 4   term of life imprisonment is imposed, any a sentence involving
 5   incarceration for a Class A, B, or C felony, any other offense
 6   punishable by a maximum term of imprisonment of twenty years
 7   or more, or a thirty-year murder sentence under Section 16-3-20
 8   for a ‘no parole offense’ as defined in Section 24-13-100 must
 9   include any a term of incarceration and completion of a
10   community supervision program operated by the Department of
11   Probation, Parole, and Pardon Services. No A prisoner who is
12   serving a sentence for a ‘no parole offense’ felony or any other
13   offense which is punishable by a maximum term of imprisonment
14   of five years or more, is not eligible to participate in a community
15   supervision program until he has served the minimum period of
16   incarceration as set forth in Section 24-13-150. A sentence for a
17   term of incarceration less than twenty years imposed in general
18   sessions court for a crime committed on or after the effective date
19   of this provision, in the discretion of the sentencing judge, may
20   include a requirement that the defendant complete a community
21   supervision program. Nothing in this section may be construed to
22   allow a prisoner convicted of murder or a prisoner prohibited from
23   early release, discharge, or work release by any other another
24   provision of law to be eligible for early release, discharge, or work
25   release.
26      (B) A community supervision program operated by the
27   Department of Probation, Parole, and Pardon Services must last no
28   more than two continuous years. The period of time a prisoner is
29   required to participate in a community supervision program and
30   the individual terms and conditions of a prisoner’s participation
31   shall must be at the discretion of the department based upon
32   guidelines developed by the director. A prisoner participating in a
33   community supervision program must be supervised by a
34   probation agent of the department.            The department must
35   determine when a prisoner completes a community supervision
36   program, violates a term of community supervision, fails to
37   participate in a program satisfactorily, or whether a prisoner should
38   appear before the court for revocation of the community
39   supervision program.
40      (C) If the department determines that a prisoner has violated a
41   term of the community supervision program and the community
42   supervision should be revoked, a probation agent must initiate a
43   proceeding in general sessions court. The proceeding must be

     [3186]                           14
 1   initiated pursuant to a warrant or a citation issued by a probation
 2   agent setting forth the violations of the community supervision
 3   program. The court shall determine whether:
 4         (1) the terms of the community supervision program are fair
 5   and reasonable;
 6         (2) the prisoner has complied with the terms of the
 7   community supervision program;
 8         (3) the prisoner should continue in the community
 9   supervision program under the current terms;
10         (4) the prisoner should continue in the community
11   supervision program under other terms and conditions as the court
12   considers appropriate;
13         (5) the prisoner has wilfully violated a term of the
14   community supervision program.
15      If the court determines that a prisoner has wilfully violated a
16   term or condition of the community supervision program, the court
17   may impose any other terms or conditions considered appropriate
18   and may continue the prisoner on community supervision, or the
19   court may revoke the prisoner’s community supervision and
20   impose a sentence of up to one year for violation of the community
21   supervision program. However, the court may not impose a period
22   of incarceration exceeding the length of time remaining on the
23   original sentence. A prisoner who is incarcerated for revocation of
24   the community supervision program is not eligible to earn any type
25   of credits which that would reduce the sentence for violation of the
26   community supervision program.
27      (D) If a prisoner’s community supervision is revoked by the
28   court and the court imposes a period of incarceration for the
29   revocation, the prisoner also must complete a community
30   supervision program of up to two years as determined by the
31   department pursuant to subsection (B) when he is released from
32   incarceration.
33      A prisoner who is sentenced for successive revocations of the
34   community supervision program may be required to serve terms of
35   incarceration for successive revocations, as provided in Section
36   24-21-560(C), and may be required to serve additional periods of
37   community supervision for successive revocations, as provided in
38   Section 24-21-560(D). The maximum aggregate amount of time
39   the prisoner may be required to serve when sentenced for
40   successive revocations may not exceed an amount of time equal to
41   the length of incarceration imposed for the original ‘no parole
42   offense’ . The original term of incarceration does not include any
43   portion of a suspended sentence.

     [3186]                           15
 1      If a prisoner’s community supervision is revoked due to a
 2   conviction for another offense, the prisoner must complete a
 3   community supervision program of up to two continuous years as
 4   determined by the department after the prisoner has completed the
 5   service of the sentence for the community supervision revocation
 6   and any other another term of imprisonment which may have been
 7   imposed for the criminal offense, except when the subsequent
 8   sentence is death or life imprisonment.
 9      (E) A prisoner who successfully completes a community
10   supervision program pursuant to this section has satisfied his
11   sentence and must be discharged from his sentence.
12      (F) The Department of Corrections must notify the Department
13   of Probation, Parole, and Pardon Services of the projected release
14   date of any an inmate serving a sentence for a ‘no parole offense’
15   Class A, B, or C felony, or any other offense which is punishable
16   by a maximum term of imprisonment of twenty years or more, one
17   hundred eighty days in advance of his release to community
18   supervision. For an offender sentenced to one hundred eighty days
19   or less, the Department of Corrections immediately must notify the
20   Department of Probation, Parole, and Pardon Services.
21      (G) Victims registered pursuant to Section 16-3-1530(c) and the
22   sheriff’s office in the county where a prisoner sentenced for a ‘no
23   parole offense’ Class A, B, or C, felony or any other offense which
24   is punishable by a maximum term of imprisonment of twenty years
25   or more is to be released must be notified by the Department of
26   Probation, Parole, and Pardon Services when the prisoner is
27   released to a community supervision program.”
28
29   SECTION 13. Section 24-26-10(A) of the 1976 Code, as last
30   amended by Act 7 of 1995, is further amended to read:
31
32      “(A) There is established the South Carolina Sentencing
33   Guidelines Criminal Justice Commission composed of thirteen
34   nineteen voting members as follows:
35        (1) a justice of the Supreme Court, appointed by the Chief
36   Justice of the Supreme Court;
37        (2) two circuit court judges, appointed by the Chief Justice
38   of the Supreme Court;
39        (3) three members of the Senate to be designated by the
40   Chairman of the Senate Judiciary Committee;
41        (4) three members of the House designated by the Chairman
42   of the House Judiciary Committee;


     [3186]                          16
 1        (5) an attorney, experienced in the practice of criminal law,
 2   appointed by the Governor from a list of candidates submitted by
 3   the President of the South Carolina Bar;
 4        (6) the Dean of the Law School of the University of South
 5   Carolina, or his designee;
 6        (7) the South Carolina Attorney General, or his designee, to
 7   serve ex officio;
 8        (8) a solicitor appointed by the Chairman President of the
 9   South Carolina Circuit Solicitors’ Association;
10        (9) an attorney, experienced in the practice of criminal
11   defense, designated by the chairmen of the Senate and House
12   Judiciary Committees from a list of candidates submitted by the
13   President of the South Carolina Association of Criminal Defense
14   Lawyers;
15        (10) the Chief of the State Law Enforcement Division, or his
16   designee, to serve ex officio;
17        (11) the Chairman of the Commission on Appellate Defense,
18   or his designee, who must be a member of that commission or who
19   must be the director of the commission;
20        (12) the Chairman of the State Board of Corrections, or his
21   designee, who must be a member of that board or who must be the
22   Commissioner of the Department of Corrections;
23        (13) the Chairman of the Board of the Department of
24   Probation, Parole and Pardon Services, or his designee, who must
25   be a member of that board or who must be the Commissioner or
26   Executive Director of the Department of Probation, Parole and
27   Pardon Services; and
28        (14) the Director of the State Office of Victims’ Assistance.”
29
30   SECTION 14. Section 24-26-20 of the 1976 Code, as last
31   amended by Act 7 of 1995, is further amended to read:
32
33     “Section 24-26-20. The commission has the following duties
34   and responsibilities:
35        (1) recommend advisory sentencing guidelines for the
36   general sessions court for all offenses for which a term of
37   imprisonment of more than one year is allowed.
38          (a) The guidelines must establish:
39             (i)the circumstances under which imprisonment of an
40   offender is proper;
41             (ii) a range of fixed sentences for offenders for whom
42   imprisonment is proper, based on each appropriate combination of
43   reasonable offense and offender characteristics;

     [3186]                          17
 1              (iii) a determination whether multiple sentences to terms
 2   of imprisonment must be ordered to run concurrently or
 3   consecutively.
 4           (b) In establishing the advisory sentencing guidelines, the
 5   commission shall take into consideration current sentence and
 6   release practices and correctional resources including, but not
 7   limited to, the capacities of local and state correctional facilities;
 8         (2) recommend appropriate advisory sentencing guidelines
 9   for the general sessions courts for all offenses for which a term of
10   imprisonment of one year or less is allowed;
11         (3) recommend appropriate advisory guidelines sanctions for
12   offenders for whom traditional imprisonment is not considered
13   proper. Advisory guidelines promulgated by the commission for
14   offenders for whom traditional imprisonment is not considered
15   proper must make specific reference to noninstitutional sanctions;
16         (4) develop and recommend policies for preventing prison
17   and jail overcrowding;
18         (5) examine the impact of statutory provisions and current
19   administrative policies on prison and jail overcrowding;
20         (2) establish goals and priorities for the reduction of crime
21   and the improvement of the administration of justice in this State;
22         (3) cooperate with and render assistance to state and local
23   governmental agencies and public or private agencies relating to
24   the criminal justice system;
25         (4) evaluate and recommend means to improve the deterrent
26   and rehabilitative capabilities of the criminal justice system;
27         (5) make inmate population computations for use in
28   planning for the long-range needs of the criminal justice system;
29         (6) before January sixteenth of each year, prepare and
30   submit to the Governor, the General Assembly, and the Chief
31   Justice of the Supreme Court a comprehensive state criminal
32   justice ten-year, five-year, and one-year plan for preventing prison
33   and jail overcrowding. This plan must include, but is not limited
34   to, the number of persons currently involved in pretrial and
35   postsentencing options predominantly provided through
36   community-based agencies which minimize the number of persons
37   requiring incarceration consistent with protection of public safety,
38   including mediation, restitution, supervisory release, and
39   community service plans and the impact on prison populations,
40   local communities, and court caseloads. The commission shall take
41   into account state plans in the related areas of mental health and
42   drug and alcohol abuse in the development of the plan report on
43   criminal justice matters pertinent to sentencing;

     [3186]                            18
 1         (7) research and gather relevant statistical data and other
 2   information concerning the impact of efforts to prevent prison and
 3   jail overcrowding and make the information available to criminal
 4   justice agencies and members of the General Assembly;
 5         (8) serve as a clearing house and information center for the
 6   collection, preparation, analysis, and dissemination of information
 7   on state and local sentencing practices and conduct ongoing
 8   research regarding sentencing guidelines, use of imprisonment and
 9   alternatives to imprisonment, plea bargaining, and other matters
10   relating to the improvement of the criminal justice system;
11         (9) make recommendations to the General Assembly
12   regarding changes in the criminal code, criminal procedures, and
13   other aspects of sentencing.”
14
15   SECTION 15. Section 24-26-50 of the 1976 Code, as last
16   amended by Act 7 of 1995, is further amended to read:
17
18     “Section 24-26-50. The commission, by vote of a majority of the
19   membership, may establish general policies. The advisory
20   guidelines prescribed and promulgated pursuant to Section
21   24-26-20 must be approved by the General Assembly.”
22
23   SECTION 16. Section 2-7-10 of the 1976 Code is amended to
24   read:
25
26      “Section 2-7-10. (A) No Except as provided in subsection (B),
27   an act or joint resolution passed by the General Assembly shall
28   take takes effect or become of force until on the twentieth day after
29   the day of its approval by the executive Governor, unless some
30   other another day be is specially named in the body of the act or
31   joint resolution as the day upon which it shall takes effect.
32      (B) An act which imposes a criminal penalty takes effect on
33   January first of the year after its approval by the Governor, unless
34   another day is specially named in the act as the day upon which it
35   takes effect.”
36
37   SECTION 17. Section 16-1-10(C) and (D) of the 1976 Code, as
38   last amended by Part II, Section 70B of Act 164 of 1993, is further
39   amended to read:
40
41     “(C) The common law offense of assault and battery of a high
42   and aggravated nature and All all offenses with a term of


     [3186]                           19
 1   imprisonment of less than one year are misdemeanors and are
 2   exempt from the classification system.
 3     (D) The following offenses are classified as exempt under
 4   subsections (A) and (B):
 5     12-21-2790 Interference with proper operation of video game
 6   machine
 7     12-21-6000(B) Possessing marijuana or controlled substances
 8   without appropriate stamps
 9     16-3-10      Murder
10     16-3-30      Killing by poison
11     16-3-40      Killing by stabbing or thrusting
12     16-3-85(B)(1) Homicide by child abuse
13     16-3-85(B)(2) Aiding and abetting homicide by child abuse
14     16-3-210 Lynching
15     16-3-430 Killing in a duel
16     16-3-620 Assault with intent to kill (if sentenced for the
17   common law offense of assault and battery of a high and
18   aggravated nature)
19     16-3-910 Kidnapping (if sentenced for murder)
20     16-11-311(B) Burglary
21          First degree
22     16-11-540      Damaging or destroying building, vehicle or other
23   property by means of explosive incendiary, death results
24     16-25-65 Criminal domestic violence of a high and
25   aggravated nature
26     23-36-170(c), (d) Penalty (violation of South Carolina
27   Explosives Control Act)
28          Third, fourth, or subsequent offenses
29     25-7-30      Giving information respecting national or state
30   defense to foreign contacts during war
31     25-7-40      Gathering information for an enemy
32     44-53-370(e)(1)(a)3 Prohibited Acts A, penalties (trafficking in
33   marijuana, 10 pounds or more, but less than 100 pounds)
34          Third or subsequent offenses
35     44-53-370(e)(1)(b) Prohibited Acts A, penalties (trafficking in
36   marijuana, 100 pounds or more of marijuana, but less than 2,000
37   pounds)
38     44-53-370(e)(1)(c) Prohibited Acts A, (trafficking in marijuana,
39   2000 pounds or more, but less than 10,000 pounds)
40     44-53-370(e)(1)(d) Prohibited Acts A, penalties (trafficking in
41   marijuana, 10,000 pounds of marijuana or more)
42     44-53-370(e)(2)(a)3 Prohibited Acts A, penalties (trafficking in
43   cocaine, 10 grams or more, but less than 28 grams)

     [3186]                          20
 1           Third or subsequent offense
 2      44-53-370(e)(2)(b)3 Prohibited Acts A, penalties (trafficking in
 3   cocaine, 28 grams or more, but less than 100 grams)
 4      44-53-370(e)(2)(c) Prohibited Acts A, penalties (trafficking in
 5   cocaine, 100 grams or more, but less than 200 grams)
 6      44-53-370(e)(2)(d) Prohibited Acts A, penalties (trafficking in
 7   cocaine, 200 grams or more, but less than 400 grams)
 8      44-53-370(e)(2)(e) Prohibited Acts A, penalties (trafficking in
 9   cocaine, 400 grams or more)
10      44-53-370(e)(3)(a)2 Prohibited Acts A, penalties (trafficking in
11   illegal drugs, 4 grams or more, but less than 14 grams)
12           Second or subsequent offense
13      44-53-370(e)(3)(b) Prohibited Acts A, penalties (trafficking in
14   illegal drugs, 14 grams or more, but less than 28 grams)
15      44-53-370(e)(3)(c) Prohibited Acts A, penalties (trafficking in
16   illegal drugs, 28 grams or more)
17      44-53-370(e)(4)(a)2 Prohibited Acts A, penalties (trafficking in
18   methaqualone, 15 grams or more, but less than 150 grams)
19           Second or subsequent offense
20      44-53-370(e)(4)(b) Prohibited Acts A, penalties (trafficking in
21   methaqualone, 150 grams but less than 1,500 grams)
22      44-53-370(e)(4)(c) Prohibited Acts A, penalties (trafficking in
23   methaqualone, possession of 1,500 grams, but less than 15
24   kilograms of methaqualone)
25      44-53-370(e)(4)(d) Prohibited Acts A, penalties (trafficking in
26   methaqualone, 15 kilograms or more)
27      44-53-370(e)(5)(a)3 Prohibited Acts, penalties (trafficking in
28   LSD, 100 dosage units or more, but less than 500 dosage units)
29           Third or subsequent offense
30      44-53-370(e)(5)(b)3 Prohibited Acts, penalties (trafficking in
31   LSD, 500 dosage units or more, but less than 1,000 dosage units)
32           Third or subsequent offense
33      44-53-370(e)(5)(c) Prohibited Acts, penalties (trafficking in
34   LSD, 1,000 dosage units or more)
35      44-53-375(C)(1)(c) Trafficking in ice, crank, or crack cocaine 10
36   grams or more, but less than 28 grams
37           Third or subsequent offense
38      44-53-375(C)(2)(c) Trafficking in ice, crank, or crack cocaine 28
39   grams or more, but less than 100 grams
40           Third or subsequent offense
41      44-53-375(C)(3) Trafficking in ice, crank, or crack cocaine 100
42   grams or more, but less than 200 grams


     [3186]                           21
 1      44-53-375(C)(4) Trafficking in ice, crank, or crack cocaine 200
 2   grams or more, but less than 400 grams
 3      44-53-375(C)(5) Trafficking in ice, crank, or crack cocaine 400
 4   grams or more
 5      44-53-445       Distribute, sell, or manufacture, or possess with
 6   intent to distribute crack cocaine within proximity of school
 7      56-5-2780(B)(1) Unlawfully passing a stopped school bus where
 8   great bodily injury results
 9      56-5-2947       Child endangerment
10      56-15-590       Failure of a motor vehicle auction to keep
11   required records or make them available for inspection
12      58-17-4090 Penalty for obstruction of railroad if death of
13   human being results
14      In addition to the offenses exempt from classification provided
15   for in subsection (C), only criminal offenses with a maximum
16   penalty of life imprisonment or death are felonies exempt from the
17   classification system. This does not include offenses for which a
18   sentence of life imprisonment may be given pursuant to Section
19   17-25-45.”
20
21   SECTION 18. Section 16-1-20(B) of the 1976 Code, as last
22   amended by Part I, Section 1 of Act 7 of 1995, is further amended
23   to read:
24
25      “(B) For all offenders sentenced on or after July 1, 1993, the
26   minimum term of imprisonment required by law does not apply to
27   the offenses listed in Sections 16-1-90 and 16-1-100 unless the
28   offense refers to any a mandatory minimum sentence or the
29   offense prohibits suspension of a part of the sentence. Offenses
30   listed in Section 16-1-10(C) and (D) are exempt and minimum
31   terms of imprisonment are applicable.           No sentence of
32   imprisonment precludes the timely execution of a death sentence.”
33
34   SECTION 19. Section 16-1-30 of the 1976 Code, as last
35   amended by Act 184 of 1993, is further amended to read:
36
37     “Section 16-1-30. All criminal offenses created by statute after
38   July 1, 1993, must be provided by statute or in common law with
39   maximum terms of imprisonment of three years or less are
40   misdemeanors and automatically are classified according to the
41   maximum term of imprisonment provided in the statute and
42   pursuant to Sections 16-1-10 and 16-1-20, except offenses that are
43   exempt from classification as provided in Section 16-1-10(C). All

     [3186]                           22
 1   criminal offenses provided by statute or in common law with
 2   maximum terms of imprisonment of five years or more are felonies
 3   and automatically are classified according to the maximum term of
 4   imprisonment provided in the statute and pursuant to Sections
 5   16-1-10 and 16-1-20 except offenses that are exempt from
 6   classification as provided in Section 16-1-10(D)(C).”
 7
 8   SECTION 20. Sections 2-13-66, 16-1-90, 16-1-100, 16-1-110,
 9   and 24-13-100 of the 1976 Code are repealed.
10
11   SECTION 21. If a section, paragraph, provision, or portion of
12   this act is held to be unconstitutional or invalid by a court of
13   competent jurisdiction, this holding shall not affect the
14   constitutionality or validity of the remaining portions of this act,
15   the General Assembly hereby declares that the provisions of this
16   act are severable from each other.
17
18   SECTION 22. All proceedings pending and all rights and
19   liabilities existing, acquired, or incurred at the time this act takes
20   effect are saved. Except as otherwise provided, the provisions of
21   this act apply prospectively to crimes and offenses committed on
22   or after the effective date of this act.
23
24   SECTION 23. SECTIONS 13, 14, 15, 16, 17, 18, 19, and the
25   repeal of Sections 2-13-66, 16-1-90, 16-1-100, and 16-1-110 take
26   effect upon approval by the Governor. The remainder of the act
27   and the repeal of Section 24-13-100 take effect one year after
28   approval by the Governor and apply to all crimes committed on
29   and after that date.
30                               ----XX----
31




     [3186]                            23

				
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