S.C. panel calls for changes in sentencing

February 3, 2010 by senatormcconnell

Twenty-four crimes could become classified as violent if a legislative commission gets its way.

In exchange, punishments for a number of drug-related crimes would be reduced.

“Unless it rises to levels of distribution, we’re giving people some breaks as far as long-term sentences,” said Laura Hudson, executive director of the S.C. Crime Victims Council who testified during the commission’s hearings.

These are just two of 24 recommendations made Tuesday by a state sentencing reform commission. The commission released a report that is the result of more than a year of research by the 10-member panel, which included state senators and representatives, judges and the S.C. Department of Corrections director.

Six crimes that would be reclassified as violent involve sexual offenses toward minors, such as committing lewd acts and promoting prostitution of a minor. Other offenses that would be considered violent include detonating a destructive device on the Capitol grounds, spousal sexual battery, causing a fatal hit-and-run accident, and obstruction of a railroad that results in death.

The report also recommends changes to the S.C. Department of Probation, Parole and Pardon, including mandatory supervision of every inmate released from a state prison and a special parole for terminally ill inmates.

Finally, the commission wants to create more alternative punishments such as drug courts, home confinement and drug and alcohol rehabilitation.

Sen. Gerald Malloy, D-Darlington, said legislation based on the report should be released next week. He was optimistic legislation could be passed this session.

The commission’s overall goal is to reduce the number of inmates within the S.C. Department of Corrections. The state’s prisons are at maximum capacity, and it would cost an estimated $317 million to build a new facility, Malloy said.

“The bottom line is we cannot afford to build ourselves out of this,” said Malloy, who led the sentencing commission.

The commission did not have estimates for how much it would cost the state to implement the recommended changes, Malloy said. A fiscal impact study would be included as part of the legislative study, he said.

Changing punishments would not be costly, Malloy said. However, many of the recommendations for the Probation, Parole and Pardon Services Department would require additional funding.

That department has been underfunded for years, he said.

The commission members realize it will be a challenge to find money this year, said Rep. Murrell Smith, R-Sumter, a member of the group.

“I understand money is tight and some of this is going to take money,” Smith said. “But if we take some of the recommendations, we’ll save money in the long run.”

The State

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