The proposed bill seeks to amend various sections of the South Carolina Code of Laws to prohibit life imprisonment without the possibility of parole for individuals under the age of eighteen at the time of their offense. Specifically, it introduces Section 16-3-15, which states that no person under eighteen can be sentenced to death or life imprisonment, and Section 17-25-35, which prohibits life sentences without parole for minors. Additionally, the bill establishes maximum sentences for juvenile offenders, allowing for parole eligibility after twenty years for non-homicidal offenses and twenty-five years for offenses involving death. The bill also retroactively applies these provisions to individuals sentenced for offenses committed as minors.

Furthermore, the bill includes amendments to ensure that juvenile offenders are not subjected to solitary confinement or harsh punitive measures, such as mechanical restraints, unless absolutely necessary for safety. It mandates representation by counsel for minors eligible for parole and outlines factors for consideration by the Department of Probation, Parole, and Pardon Services when evaluating parole applications. The bill also makes conforming changes to existing laws regarding first-degree burglary and the definition of no-parole offenses, ensuring that individuals under eighteen are not subjected to the same harsh penalties as adults.

Statutes affected:
12/11/2024: 16-3-15, 17-25-35, 17-25-45, 63-19-1690, 16-11-311, 17-25-20, 24-13-100
Latest Version: 16-3-15, 17-25-35, 17-25-45, 63-19-1690, 16-11-311, 17-25-20, 24-13-100