A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS TO AMEND SECTION 17-25-322, RELATING TO A RESTITUTION HEARING, SO AS TO REQUIRE THAT THE COURT MUST TAKE INTO CONSIDERATION THE FINANCIAL RESOURCES OF THE DEFENDANT AND ABILITY OF THE DEFENDANT TO PAY, TO REQUIRE IF A COURT FINDS A DEFENDANT FACES FINANCIAL HARDSHIP THAT THAT DEFENDANT MUST PAY NO LESS THAN A SPECIFIED AMOUNT, AND TO REQUIRE A HEARING IF THE DEFENDANT IS SIX MONTHS IN ARREARS; TO AMEND SECTION 24-21-280, RELATING TO DUTIES AND POWERS OF PROBATION AGENTS, SO AS TO REQUIRE PROBATION AGENTS TO TAKE INTO CONSIDERATION AN OFFENDER'S EFFECTIVE USE OF DISCRETIONARY FUNDS, TO PROVIDE FOR SUPERVISION FOR SENTENCES OF THREE HUNDRED SIXTY-FIVE DAYS OR MORE, TO SPECIFY HOW COMPLIANCE CREDITS MAY BE AWARDED AND HOW PROGRAMS MAY BE RECOGNIZED BY REGULATION AS PROPER FOR INCENTIVES, TO INFORM THE SENTENCING REFORM OVERSIGHT COMMITTEE OF THE PROGRAMS DESIGNATED FOR COMPLIANCE CREDITS, AND TO PROVIDE THAT OFFENDER ELIGIBILITY FOR COMPLIANCE CREDITS AS PROVIDED IN THIS SECTION BE EXTENDED TO OFFENDERS WHOSE OFFENSES OCCURRED PRIOR TO JANUARY 1, 2011; TO AMEND SECTION 24-21-440, RELATING TO THE PERIOD OF PROBATION, SO AS TO PROVIDE THAT THE PERIOD BE DEPENDENT UPON THE OFFENSE FOR WHICH THE DEFENDANT HAS BEEN SENTENCED, THAT RESTITUTION PAYMENTS MUST NOT BE REQUIRED FOR THE FIRST THREE MONTHS OF SUPERVISION AND THAT THE PERIOD FOR SUPERVISION OF RESTITUTION PAYMENTS MUST BE DETERMINED BY A JUDGE, THAT THE SUPERVISION OF RESTITUTION PAYMENT MUST NOT EXCEED FIVE YEARS AND IS ONLY REVOCABLE AFTER THE COMPLETION OF PROBATION FOR FAILURE TO MAKE RESTITUTION PAYMENTS; TO AMEND SECTION 24-21-560, RELATING TO THE COMMUNITY SUPERVISION PROGRAM, SO AS TO CLARIFY THAT ONCE COMMUNITY SUPERVISION IS COMPLETED AN OFFENDER IS STILL SUBJECT TO THE OTHER REQUIREMENTS OF SUPERVISION; TO AMEND THE S.C. CODE BY ADDING SECTION 43-5-1191, SO AS TO EXEMPT INDIVIDUALS FROM THE ELIGIBILITY RESTRICTION ON SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM AND TEMPORARY ASSISTANCE FOR NEEDY FAMILIES BENEFITS FOR INDIVIDUALS WITH DRUG CONVICTIONS THAT WOULD OTHERWISE BE ELIGIBLE AND TO PROVIDE FOR INELIGIBILITY IN THE EVENT AN INDIVIDUAL VIOLATES PROBATION, COMMUNITY SUPERVISION, OR PAROLE; AND TO PROVIDE THAT THE SENTENCING REFORM OVERSIGHT COMMITTEE STUDY AND MAKE A REPORT TO THE GENERAL ASSEMBLY CONCERNING THE COLLECTION OF RESTITUTION AND THE RISK AND NEEDS TOOL USED TO EVALUATE THE ENTIRE SUPERVISION POPULATION; TO ADD ARTICLE 7, TO CHAPTER 27, TITLE 24 TO PROVIDE THE CIRCUMSTANCES IN WHICH AN INMATE WHO HAS BEEN INCARCERATED AT LEAST FIFTEEN YEARS MAY PETITION THE COURT TO HAVE HIS SENTENCE MODIFIED; TO AMEND SECTION 24-13-150, RELATING TO THE EARLY RELEASE OF AN INMATE TO REDUCE THE NUMBER OF YEARS AN INMATE WHO HAS COMMITTED A "NO PAROLE OFFENSE" MUST SERVE BEFORE HE MAY BECOME ELIGIBLE FOR EARLY RELEASE, DISCHARGE, OR COMMUNITY SUPERVISION, AND TO PROVIDE A PROCEDURE THAT ALLOWS CERTAIN INMATES TO PETITION THE COURT TO MODIFY THEIR SENTENCE; TO AMEND SECTION 24-13-210, RELATING TO CREDIT GIVEN TO AN INMATE FOR GOOD BEHAVIOR TO INCREASE THE NUMBER OF GOOD BEHAVIOR DAYS AN INMATE WHO HAS COMMITTED A "NO PAROLE OFFENSE" MAY RECEIVE; TO AMEND SECTION 24-13-230, RELATING TO CREDIT GIVEN TO AN INMATE FOR WORK AND EDUCATION CREDITS TO INCREASE THE NUMBER OF WORK AND EDUCATION CREDIT DAYS AN INMATE WHO HAS COMMITTED A "NO PAROLE OFFENSE" MAY RECEIVE; TO AMEND SECTION 24-21-110, RELATING TO ADMINISTRATIVE SANCTIONS TO ALLOW FOR CONFINEMENT PERIODS OF UP TO THIRTEEN DAYS AS A JAIL SANCTION; TO AMEND SECTION 24-21-430, RELATING TO CONDITIONS OF PROBATION TO ALLOW FOR CONFINEMENT PERIODS NOT TO EXCEED THIRTEEN DAYS AS A CONDITION OF PROBATION AND AS AN ADMINISTRATIVE SANCTION; TO AMEND SECTION 24-21-460, RELATING TO ACTIONS OF THE COURT IN CASES OF PROBATION VIOLATIONS TO LIMIT REVOCATIONS FOR TECHNICAL VIOLATIONS; TO AMEND SECTION 24-21-610, RELATING TO ELIGIBILITY FOR PAROLE TO ALLOW FOR PAROLE ELIGIBILITY TO BE COMPUTED USING AN INMATE'S ACTIVE INCARCERATIVE SENTENCE AND AMENDING REQUIREMENTS RELATED TO MEDICAL PAROLE; TO AMEND SECTION 24-21-620, RELATING TO A PAROLE BOARD'S REVIEW TO ALLOW FOR AUTOMATIC RELEASE ON PAROLE OF NON-VIOLENT INMATES WHO HAVE MET CERTAIN CONDITIONS; TO AMEND SECTION 24-21-645, RELATING TO PAROLE AND PROVISIONAL PAROLE ORDERS TO LIMIT REVOCATIONS FOR TECHNICAL VIOLATIONS; TO AMEND SECTION 24-21-660, RELATING TO THE EFFECT OF PAROLE TO LIMIT PAROLE REVOCATIONS FOR TECHNICAL VIOLATIONS; TO AMEND SECTION 24-21-680, RELATING TO VIOLATION OF PAROLE TO LIMIT PAROLE REVOCATIONS FOR TECHNICAL VIOLATIONS; TO AMEND SECTION 24-21-715, RELATING TO PAROLE FOR TERMINALLY ILL, GERIATRIC, OR PERMANENTLY DISABLED INMATES TO AMEND THE ELIGIBILITY REQUIREMENTS AND EXTEND ELIGIBILITY TO OTHER CATEGORIES OF INMATES AND LIMIT THE REASONS THE PAROLE BOARD CAN DENY THIS TYPE OF PAROLE; AND TO AMEND ARTICLE 7 OF CHAPTER 21 OF TITLE 24, RELATING TO PAROLE AND RELEASE FOR GOOD CONDUCT, SO AS TO ADD SECTION 24-21-720 TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO CREATE AN INTAKE CASE PLAN FOR ALL PAROLE ELIGIBLE INMATES; TO AMEND SECTION 1-7-400, RELATING TO CIRCUIT SOLICITORS DISABLED BY INTOXICATION, TO DELETE THE MINIMUM PENALTY; TO AMEND SECTION 1-11-26, RELATING TO THE RURAL INFRASTRUCTURE AUTHORITY, TO AMEND THE PENALTY FOR A VIOLATION FROM SIX MONTHS TO NOT MORE THAN SIX MONTHS IN PRISON; TO AMEND SECTION 2-17-50, RELATING TO FAILURE TO FILE BY A LOBBYIST, TO AMEND THE PENALTIES FOR A SECOND OFFENSE; TO AMEND SECTION 4-11-60, RELATING TO COUNTY OFFICERS KEEPING RECORDS OF MONEY, TO DELETE THE MINIMUM PENALTY FOR A VIOLATION; TO AMEND SECTION 5-21-130, RELATING TO THE UNLAWFUL USE OF A SPECIALLY LEVIED TAX, BY AMENDING THE PENALTY FOR A VIOLATION TO NOT MORE THAN SIX MONTHS IN PRISON; TO AMEND SECTION 5-21-500, RELATING TO A COUNTY OR MUNICIPAL COUNCIL MEMBER VOTING TO DIVERT FUNDS, TO DELETE THE MINIMUM PENALTY FOR A VIOLATION; TO AMEND SECTION 5-25-40, RELATING TO FAILURE TO INSTALL FIRE ALARM BOXES IN HOSPITALS AND SCHOOLS, TO DELETE THE MINIMUM PENALTY OF TEN DAYS IN PRISON FOR A VIOLATION; TO AMEND SECTION 5-31-20, RELATING TO INTERFERENCE WITH SEWERS AND WATERWORKS, TO AMEND THE PENALTY FOR A VIOLATION FROM THIRTY DAYS TO NOT MORE THAN THIRTY DAYS; TO AMEND SECTION 7-13-1910, RELATING TO THE UNLAWFUL POSSESSION OF VOTING MACHINES, TO DELETE THE MINIMUM PENALTY FOR A VIOLATION OF TEN DAYS IN JAIL; TO AMEND SECTION 7-13-1920, RELATING TO THE UNLAWFUL TAMPERING OF VOTING MACHINES, TO DELETE THE MINIMUM PENALTY FOR A VIOLATION OF NOT LESS THAN THREE MONTHS IN PRISON; TO AMEND SECTION 8-1-40, RELATING TO FAILURE OF CLERK, SHERIFF, OR MAGISTRATE TO PAY OVER FINES OR PENALTIES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 8-3-60, RELATING TO PUBLIC OFFICIALS ASSUMPTION OF OFFICE BEFORE GIVING BOND, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 8-13-1510, RELATING TO ETHICS AND GOVERNMENT ACCOUNTABILITY, LATE FILING OR FAILURE TO FILE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 10-7-230, RELATING TO PUBLIC OFFICIALS FAILURE TO OBTAIN INSURANCE ON PUBLIC BUILDINGS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 10-9-260, RELATING TO INTERFERING WITH STATE, DEPARTMENT, OR LICENSEES; PHOSPHATE MINING WITHOUT LICENSE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 10-11-325, RELATING TO POSSESSING, TRANSPORTING, DETONATING EXPLOSIVE OR INCENDIARY DEVICE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 11-15-90, RELATING TO FAILURE OF POLITICAL SUBDIVISION DISBURSEMENT OFFICER TO MAKE PAYMENT OR REMIT FUNDS FOR PAYMENT OF OBLIGATIONS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 11-15-290, RELATING TO FAILURE TO MAKE INVESTMENTS FROM SINKING FUNDS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 12-21-2470, RELATING TO OPERATING A PLACE OF AMUSEMENT WITHOUT A LICENSE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 12-21-2830, RELATING TO RECORD REQUIRED OF GROSS RECEIPTS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 12-21-3080, RELATING TO INTERFERENCE WITH AMUSEMENT TAX ENFORCEMENT OR REFUSAL TO ALLOW INSPECTION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 12-37-1130, RELATING TO PENALTIES FOR FALSE STATEMENTS TO THE DEPARTMENT OF REVENUE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 12-54-44, RELATING TO TAX OR REVENUE LAW PENALTIES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 14-9-240, RELATING TO JUDGES AND SOLICITORS PROHIBITED FROM PRACTICING LAW IN CERTAIN CAUSES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 14-25-65, RELATING TO MAXIMUM PENALTIES THAT MUNICIPAL COURT MAY IMPOSE, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 15-43-70, RELATING TO VIOLATION OF INJUNCTION AND PUNISHMENT FOR CONTEMPT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-610, RELATING TO CERTAIN OFFENSES COMMITTED WITH A CARRIED OR CONCEALED DEADLY WEAPON, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-625, RELATING TO RESISTING ARREST WITH DEADLY WEAPON, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-755, RELATING TO SEXUAL BATTERY WITH A STUDENT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-1045, RELATING TO USE OR EMPLOYMENT OF PERSON UNDER EIGHTEEN TO COMMIT CERTAIN CRIMES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-1280, RELATING TO THE OFFENSE OF FALSE CLAIMS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTIONS 16-3-1710 AND 16-3-1720, RELATING TO THE OFFENSES OF HARASSMENT, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-1730, RELATING TO THE OFFENSE OF STALKING, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-3-1770, RELATING TO RESTRAINING ORDERS, TO AMEND THE SENTENCE; TO AMEND SECTION 16-3-2090, RELATING TO FORFEITURE OF PROPERTY USED IN TRAFFICKING IN PERSONS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-9-230, RELATING TO PERSONS HOLDING OFFICE ACCEPTING EXTRA COMPENSATION, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-9-250, RELATING TO UNLAWFUL ACCEPTANCE OF REMUNERATION BY PEACE OFFICERS FOR PERFORMING OFFICIAL DUTIES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-130, RELATING TO BURNING PERSONAL PROPERTY TO DEFRAUD INSURER, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-180, RELATING TO NEGLIGENTLY ALLOWING FIRE TO SPREAD TO PROPERTY OF ANOTHER, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-350, RELATING TO TRAIN ROBBERY BY STOPPING TRAIN, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-360, RELATING TO ROBBERY AFTER ENTRY UPON TRAIN, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-510, RELATING TO MALICIOUS INJURY TO ANIMALS AND OTHER PERSONAL PROPERTY, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-520, RELATING TO MALICIOUS INJURY TO TREE, HOUSE, OUTSIDE FENCE, OR FIXTURE; TRESPASS UPON REAL PROPERTY, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-535, RELATING TO MALICIOUS INJURY TO PLACE OF WORSHIP, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-590, RELATING TO DESTRUCTION OF SEA OATS OR VENUS FLYTRAP PLANTS, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-11-650, RELATING TO REMOVING, DESTROYING, OR LEAVING DOWN FENCES, TO DELETE THE MINIMUM SENTENCE REQUIRED FOR A VIOLATION; TO AMEND SECTION 16-13-10, RELATING TO THE OFFENSE OF FORGERY, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-30, RELATING TO PETIT LARCENY AND GRAND LARCENY, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-40, RELATING TO STEALING OF BONDS, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-50, RELATING TO STEALING OF LIVESTOCK, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-66, RELATING TO STEALING OR DAMAGING AQUACULTURE OPERATIONS, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-70, RELATING TO STEALING OF VESSELS, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-110, RELATING TO THE OFFENSE OF SHOPLIFTING, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-180, RELATING TO THE OFFENSE OF RECEIVING STOLEN GOODS, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-230, RELATING TO THE OFFENSE OF BREACH OF TRUST WITH FRAUDULENT INTENT, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-240, RELATING TO THE OFFENSE OF OBTAINING SIGNATURE OR PROPERTY BY FALSE PRETENSES, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-260, RELATING TO THE OFFENSE OF OBTAINING PROPERTY UNDER FALSE TOKENS OR LETTERS, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-300, RELATING TO FRAUDULENT REMOVAL OR SECRETING OF PERSONAL PROPERTY ATTACHED OR LEVIED UPON, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-420, RELATING TO THE OFFENSE OF FAILURE TO RETURN LEASED OR RENTED PROPERTY, TO AMEND THE PENALTIES; TO AMEND SECTION 16-13-430, RELATING TO FRAUDULENT ACQUISITION OR USE OF FOOD STAMPS, TO AMEND THE PENALTIES; TO AMEND SECTION 16-14-60, RELATING TO FINANCIAL TRANSACTION CARD FRAUD, TO AMEND THE JURISDICTION OF MAGISTRATE'S COURT AND TO AMEND THE PENALTIES; TO AMEND SECTION 16-14-80, RELATING TO RECEIVING STOLEN GOODS, TO AMEND THE JURISDICTION OF THE MAGISTRATE'S COURT AND AMEND THE PENALTIES; TO AMEND SECTION