South Carolina 2025-2026 Regular Session

South Carolina Senate Bill S0021 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	South Carolina General Assembly126th Session, 2025-2026
2	2
3	3	Bill 21
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5	5	Indicates Matter StrickenIndicates New Matter
6	6
7	7	(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
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9	9	A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-3-15 SO AS TO PROHIBIT THE PENALTY OF LIFE IMPRISONMENT FOR ANY INDIVIDUAL WHO IS UNDER THE AGE OF EIGHTEEN AT THE TIME OF COMMITTING AN OFFENSE AND TO PROVIDE MAXIMUM SENTENCES FOR THOSE INDIVIDUALS WHO COMMITTED AN OFFENSE ENUMERATED IN THIS SECTION AS A MINOR BEFORE THE EFFECTIVE DATE OF THE ACT; BY ADDING SECTION 17-25-35 SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 17-25-45, RELATING TO LIFE SENTENCES FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR REPRESENTATION BY COUNSEL AND TO PROVIDE FACTORS FOR CONSIDERATION BY THE DEPARTMENT; BY ADDING SECTION 63-19-1690 SO AS TO PROHIBIT THE USE OF RESTRAINTS, ISOLATION, AND ROOM CONFINEMENT FOR JUVENILE OFFENDERS, WITH EXCEPTIONS; BY AMENDING SECTION 16-11-311, RELATING TO FIRST DEGREE BURGLARY, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 17-25-20, RELATING TO PUNISHMENT FOR A FELONY WHEN NOT SPECIALLY PROVIDED, SO AS TO PROHIBIT THE USE OF SOLITARY CONFINEMENT FOR A PERSON WHO IS YOUNGER THAN EIGHTEEN; AND BY AMENDING SECTION 24-13-100, RELATING TO THE DEFINITION OF NO PAROLE OFFENSE, SO AS TO MAKE CONFORMING CHANGES. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Article 1, Chapter 3, Title 16 of the S.C. Code is amended by adding: Section 16-3-15. Notwithstanding any other provision of law, a court may not sentence a person to death or to "life imprisonment", as defined in Section 16-3-20, who was younger than eighteen years of age at the time of committing the relevant offense. SECTION 2. Article 1, Chapter 25, Title 17 of the S.C. Code is amended by adding: Section 17-25-35. (A) Notwithstanding any other provision of law, a court may not sentence a person to life imprisonment without the possibility of parole for an offense if the person was younger than eighteen years of age at the time of committing the offense. (B) Notwithstanding any other provision of law, a court may issue a sentence less than the minimum term otherwise required by law for an offense if that person was younger than eighteen years of age at the time of committing the offense.
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25	25
26	26
27	27	A bill
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29	29
30	30
31	31	TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 16-3-15 SO AS TO PROHIBIT THE PENALTY OF LIFE IMPRISONMENT FOR ANY INDIVIDUAL WHO IS UNDER THE AGE OF EIGHTEEN AT THE TIME OF COMMITTING AN OFFENSE AND TO PROVIDE MAXIMUM SENTENCES FOR THOSE INDIVIDUALS WHO COMMITTED AN OFFENSE ENUMERATED IN THIS SECTION AS A MINOR BEFORE THE EFFECTIVE DATE OF THE ACT; BY ADDING SECTION 17-25-35 SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 17-25-45, RELATING TO LIFE SENTENCES FOR CERTAIN CRIMES, SO AS TO PROVIDE FOR REPRESENTATION BY COUNSEL AND TO PROVIDE FACTORS FOR CONSIDERATION BY THE DEPARTMENT; BY ADDING SECTION 63-19-1690 SO AS TO PROHIBIT THE USE OF RESTRAINTS, ISOLATION, AND ROOM CONFINEMENT FOR JUVENILE OFFENDERS, WITH EXCEPTIONS; BY AMENDING SECTION 16-11-311, RELATING TO FIRST DEGREE BURGLARY, SO AS TO MAKE CONFORMING CHANGES; BY AMENDING SECTION 17-25-20, RELATING TO PUNISHMENT FOR A FELONY WHEN NOT SPECIALLY PROVIDED, SO AS TO PROHIBIT THE USE OF SOLITARY CONFINEMENT FOR A PERSON WHO IS YOUNGER THAN EIGHTEEN; AND BY AMENDING SECTION 24-13-100, RELATING TO THE DEFINITION OF NO PAROLE OFFENSE, SO AS TO MAKE CONFORMING CHANGES.
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35	35	Be it enacted by the General Assembly of the State of South Carolina:
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38	38
39	39	SECTION 1. Article 1, Chapter 3, Title 16 of the S.C. Code is amended by adding:
40	40
41	41
42	42
43	43	Section 16-3-15. Notwithstanding any other provision of law, a court may not sentence a person to death or to "life imprisonment", as defined in Section 16-3-20, who was younger than eighteen years of age at the time of committing the relevant offense.
44	44
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46	46
47	47	SECTION 2. Article 1, Chapter 25, Title 17 of the S.C. Code is amended by adding:
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49	49
50	50
51	51	Section 17-25-35. (A) Notwithstanding any other provision of law, a court may not sentence a person to life imprisonment without the possibility of parole for an offense if the person was younger than eighteen years of age at the time of committing the offense.
52	52
53	53	(B) Notwithstanding any other provision of law, a court may issue a sentence less than the minimum term otherwise required by law for an offense if that person was younger than eighteen years of age at the time of committing the offense.
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56	56
57	57	SECTION 3. Chapter 25, Title 17 of the S.C. Code is amended by adding: Section 17-25-40. (A) A person who was convicted and sentenced for an offense committed before the person was eighteen years of age and in which the death of another person did not occur, and that was committed before, on, or after the effective date of this act is eligible for release on parole no later than after twenty years of incarceration, including any applicable sentencing enhancements, and including an instance in which multiple sentences are to be served consecutively or concurrently, unless by law the person is eligible for earlier parole. (B) A person who was convicted and sentenced for an offense committed before the person was eighteen years of age, in which the death of another person occurred, and that was committed before, on, or after the effective date of this act is eligible for release on parole no later than after twenty-five years of incarceration, including any applicable sentencing enhancements, unless by law the person is eligible for earlier parole. (C) Subsections (A) and (B) apply retroactively to a person whose offense was committed before the person was eighteen years of age, regardless of the original sentences that were imposed. SECTION 4. Section 17-25-45 of the S.C. Code is amended to read: Section 17-25-45. (A) Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has either: (1) one or more prior convictions for: (a) a most serious offense; or (b) a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or (2) two or more prior convictions for: (a) a serious offense; or (b) a federal or out-of-state conviction for an offense that would be classified as a serious offense under this section. (B) Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has two or more prior convictions for: (1) a serious offense; (2) a most serious offense;
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59	59	SECTION 3. Chapter 25, Title 17 of the S.C. Code is amended by adding:
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63	63	Section 17-25-40. (A) A person who was convicted and sentenced for an offense committed before the person was eighteen years of age and in which the death of another person did not occur, and that was committed before, on, or after the effective date of this act is eligible for release on parole no later than after twenty years of incarceration, including any applicable sentencing enhancements, and including an instance in which multiple sentences are to be served consecutively or concurrently, unless by law the person is eligible for earlier parole.
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65	65	(B) A person who was convicted and sentenced for an offense committed before the person was eighteen years of age, in which the death of another person occurred, and that was committed before, on, or after the effective date of this act is eligible for release on parole no later than after twenty-five years of incarceration, including any applicable sentencing enhancements, unless by law the person is eligible for earlier parole.
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67	67	(C) Subsections (A) and (B) apply retroactively to a person whose offense was committed before the person was eighteen years of age, regardless of the original sentences that were imposed.
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69	69
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71	71	SECTION 4. Section 17-25-45 of the S.C. Code is amended to read:
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75	75	Section 17-25-45. (A) Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a most serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has either:
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77	77	(1) one or more prior convictions for:
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79	79	(a) a most serious offense; or
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81	81	(b) a federal or out-of-state conviction for an offense that would be classified as a most serious offense under this section; or
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83	83	(2) two or more prior convictions for:
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85	85	(a) a serious offense; or
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87	87	(b) a federal or out-of-state conviction for an offense that would be classified as a serious offense under this section.
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89	89	(B) Notwithstanding any other provision of law, except in cases in which the death penalty is imposed, upon a conviction for a serious offense as defined by this section, a person must be sentenced to a term of imprisonment for life without the possibility of parole if that person has two or more prior convictions for:
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91	91	(1) a serious offense;
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93	93	(2) a most serious offense;
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95	95	(3) a federal or out-of-state offense that would be classified as a serious offense or most serious offense under this section; or (4) any combination of the offenses listed in items (1), (2), and (3) above. (C) As used in this section: (1) "Most serious offense" means: 6 7 16-1-40 Accessory, for any offense enumerated in this item 8 16-1-80 Attempt, for any offense enumerated in this item 9 16-3-10 Murder 10 16-3-29 Attempted Murder 11 16-3-50 Voluntary manslaughter 12 16-3-85(A)(1) Homicide by child abuse 13 16-3-85(A)(2) Aiding and abetting homicide by child abuse 14 16-3-210 Lynching, First degree 15 16-3-210(B) Assault and battery by mob, First degree 16 16-3-620 Assault and battery with intent to kill 17 16-3-652 Criminal sexual conduct, First degree 18 16-3-653 Criminal sexual conduct, Second degree 19 20 21 22 23 24 25 26 16-3-655 Criminal sexual conduct with minors, except where evidence presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3) 27 28 16-3-656 Assault with intent to commit criminal sexual conduct, First and Second degree 29 16-3-910 Kidnapping 30 16-3-920 Conspiracy to commit kidnapping 31 16-3-1075 Carjacking 32 16-3-2020 Trafficking in persons 33 16-11-110(A) Arson, First degree 34 16-11-311 Burglary, First degree 35 16-11-330(A) Armed robbery
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97	97	(3) a federal or out-of-state offense that would be classified as a serious offense or most serious offense under this section; or
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99	99	(4) any combination of the offenses listed in items (1), (2), and (3) above.
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101	101	(C) As used in this section:
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103	103	(1) "Most serious offense" means:
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105	105	6 7 16-1-40 Accessory, for any offense enumerated in this item
106	106	8 16-1-80 Attempt, for any offense enumerated in this item
107	107	9 16-3-10 Murder
108	108	10 16-3-29 Attempted Murder
109	109	11 16-3-50 Voluntary manslaughter
110	110	12 16-3-85(A)(1) Homicide by child abuse
111	111	13 16-3-85(A)(2) Aiding and abetting homicide by child abuse
112	112	14 16-3-210 Lynching, First degree
113	113	15 16-3-210(B) Assault and battery by mob, First degree
114	114	16 16-3-620 Assault and battery with intent to kill
115	115	17 16-3-652 Criminal sexual conduct, First degree
116	116	18 16-3-653 Criminal sexual conduct, Second degree
117	117	19 20 21 22 23 24 25 26 16-3-655 Criminal sexual conduct with minors, except where evidence presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3)
118	118	27 28 16-3-656 Assault with intent to commit criminal sexual conduct, First and Second degree
119	119	29 16-3-910 Kidnapping
120	120	30 16-3-920 Conspiracy to commit kidnapping
121	121	31 16-3-1075 Carjacking
122	122	32 16-3-2020 Trafficking in persons
123	123	33 16-11-110(A) Arson, First degree
124	124	34 16-11-311 Burglary, First degree
125	125	35 16-11-330(A) Armed robbery
126	126
127	127	6
128	128
129	129	7
130	130
131	131	16-1-40
132	132
133	133	Accessory, for any offense enumerated in this item
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135	135	8
136	136
137	137	16-1-80
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139	139	Attempt, for any offense enumerated in this item
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141	141	9
142	142
143	143	16-3-10
144	144
145	145	Murder
146	146
147	147	10
148	148
149	149	16-3-29
150	150
151	151	Attempted Murder
152	152
153	153	11
154	154
155	155	16-3-50
156	156
157	157	Voluntary manslaughter
158	158
159	159	12
160	160
161	161	16-3-85(A)(1)
162	162
163	163	Homicide by child abuse
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165	165	13
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167	167	16-3-85(A)(2)
168	168
169	169	Aiding and abetting homicide by child abuse
170	170
171	171	14
172	172
173	173	16-3-210
174	174
175	175	Lynching, First degree
176	176
177	177	15
178	178
179	179	16-3-210(B)
180	180
181	181	Assault and battery by mob, First degree
182	182
183	183	16
184	184
185	185	16-3-620
186	186
187	187	Assault and battery with intent to kill
188	188
189	189	17
190	190
191	191	16-3-652
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193	193	Criminal sexual conduct, First degree
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195	195	18
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197	197	16-3-653
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199	199	Criminal sexual conduct, Second degree
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201	201	19
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203	203	20
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205	205	21
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207	207	22
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209	209	23
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211	211	24
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213	213	25
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215	215	26
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217	217	16-3-655
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219	219	Criminal sexual conduct with minors, except where evidence presented at the criminal proceeding and the court, after the conviction, makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct where the victim was younger than the actor, as contained in Section 16-3-655(3)
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221	221	27
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223	223	28
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225	225	16-3-656
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227	227	Assault with intent to commit criminal sexual conduct, First and Second degree
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229	229	29
230	230
231	231	16-3-910
232	232
233	233	Kidnapping
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235	235	30
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237	237	16-3-920
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239	239	Conspiracy to commit kidnapping
240	240
241	241	31
242	242
243	243	16-3-1075
244	244
245	245	Carjacking
246	246
247	247	32
248	248
249	249	16-3-2020
250	250
251	251	Trafficking in persons
252	252
253	253	33
254	254
255	255	16-11-110(A)
256	256
257	257	Arson, First degree
258	258
259	259	34
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261	261	16-11-311
262	262
263	263	Burglary, First degree
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265	265	35
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267	267	16-11-330(A)
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269	269	Armed robbery
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271	271	1 16-11-330(B) Attempted armed robbery 2 3 4 16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results 5 24-13-450 Taking of a hostage by an inmate 6 7 25-7-30 Giving information respecting national or state defense to foreign contacts during war 8 25-7-40 Gathering information for an enemy 9 10 43-35-85(F) Abuse or neglect of a vulnerable adult resulting in death 11 12 55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results 13 14 15 56-5-1030(B)(3) Interference with traffic-control devices or railroad signs or signals prohibited when death results from violation 16 58-17-4090 Obstruction of railroad, death results.
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273	273	1 16-11-330(B) Attempted armed robbery
274	274	2 3 4 16-11-540 Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results
275	275	5 24-13-450 Taking of a hostage by an inmate
276	276	6 7 25-7-30 Giving information respecting national or state defense to foreign contacts during war
277	277	8 25-7-40 Gathering information for an enemy
278	278	9 10 43-35-85(F) Abuse or neglect of a vulnerable adult resulting in death
279	279	11 12 55-1-30(3) Unlawful removing or damaging of airport facility or equipment when death results
280	280	13 14 15 56-5-1030(B)(3) Interference with traffic-control devices or railroad signs or signals prohibited when death results from violation
281	281	16 58-17-4090 Obstruction of railroad, death results.
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283	283	1
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285	285	16-11-330(B)
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287	287	Attempted armed robbery
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289	289	2
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291	291	3
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293	293	4
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295	295	16-11-540
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297	297	Damaging or destroying building, vehicle, or other property by means of explosive incendiary, death results
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299	299	5
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301	301	24-13-450
302	302
303	303	Taking of a hostage by an inmate
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305	305	6
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307	307	7
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309	309	25-7-30
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311	311	Giving information respecting national or state defense to foreign contacts during war
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313	313	8
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315	315	25-7-40
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317	317	Gathering information for an enemy
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319	319	9
320	320
321	321	10
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323	323	43-35-85(F)
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325	325	Abuse or neglect of a vulnerable adult resulting in death
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327	327	11
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329	329	12
330	330
331	331	55-1-30(3)
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333	333	Unlawful removing or damaging of airport facility or equipment when death results
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335	335	13
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337	337	14
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339	339	15
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341	341	56-5-1030(B)(3)
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343	343	Interference with traffic-control devices or railroad signs or signals prohibited when death results from violation
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345	345	16
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347	347	58-17-4090
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349	349	Obstruction of railroad, death results.
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351	351	(2) "Serious offense" means: (a) any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1); (b) those felonies enumerated as follows: 22 16-3-220 Lynching, Second degree 23 16-3-210(C) Assault and battery by mob, Second degree 24 25 16-3-600(B) Assault and battery of a high and aggravated nature 26 16-3-810 Engaging child for sexual performance 27 16-9-220 Acceptance of bribes by officers 28 29 16-9-290 Accepting bribes for purpose of procuring public office 30 16-11-110(B) Arson, Second degree 31 16-11-312(B) Burglary, Second degree 32 33 16-11-380(B) Theft of a person using an automated teller machine 34 16-13-210(1) Embezzlement of public funds 35 16-13-230(B)(3) Breach of trust with fraudulent intent
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355	355	(2) "Serious offense" means:
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357	357	(a) any offense which is punishable by a maximum term of imprisonment for thirty years or more which is not referenced in subsection (C)(1);
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359	359	(b) those felonies enumerated as follows:
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361	361	22 16-3-220 Lynching, Second degree
362	362	23 16-3-210(C) Assault and battery by mob, Second degree
363	363	24 25 16-3-600(B) Assault and battery of a high and aggravated nature
364	364	26 16-3-810 Engaging child for sexual performance
365	365	27 16-9-220 Acceptance of bribes by officers
366	366	28 29 16-9-290 Accepting bribes for purpose of procuring public office
367	367	30 16-11-110(B) Arson, Second degree
368	368	31 16-11-312(B) Burglary, Second degree
369	369	32 33 16-11-380(B) Theft of a person using an automated teller machine
370	370	34 16-13-210(1) Embezzlement of public funds
371	371	35 16-13-230(B)(3) Breach of trust with fraudulent intent
372	372
373	373	22
374	374
375	375	16-3-220
376	376
377	377	Lynching, Second degree
378	378
379	379	23
380	380
381	381	16-3-210(C)
382	382
383	383	Assault and battery by mob, Second degree
384	384
385	385	24
386	386
387	387	25
388	388
389	389	16-3-600(B)
390	390
391	391	Assault and battery of a high and aggravated nature
392	392
393	393	26
394	394
395	395	16-3-810
396	396
397	397	Engaging child for sexual performance
398	398
399	399	27
400	400
401	401	16-9-220
402	402
403	403	Acceptance of bribes by officers
404	404
405	405	28
406	406
407	407	29
408	408
409	409	16-9-290
410	410
411	411	Accepting bribes for purpose of procuring public office
412	412
413	413	30
414	414
415	415	16-11-110(B)
416	416
417	417	Arson, Second degree
418	418
419	419	31
420	420
421	421	16-11-312(B)
422	422
423	423	Burglary, Second degree
424	424
425	425	32
426	426
427	427	33
428	428
429	429	16-11-380(B)
430	430
431	431	Theft of a person using an automated teller machine
432	432
433	433	34
434	434
435	435	16-13-210(1)
436	436
437	437	Embezzlement of public funds
438	438
439	439	35
440	440
441	441	16-13-230(B)(3)
442	442
443	443	Breach of trust with fraudulent intent
444	444
445	445	1 2 16-13-240(1) Obtaining signature or property by false pretenses 3 16-25-20(B) Domestic violence, First degree 4 5 16-25-65 Domestic violence of a high and aggravated nature 6 38-55-540(3) Insurance fraud 7 44-53-370(e) Trafficking in controlled substances 8 44-53-375(C) Trafficking in ice, crank, or crack cocaine 9 10 11 44-53-445(B)(1)&(2) Distribute, sell, manufacture, or possess with intent to distribute controlled substances within proximity of school 12 13 56-5-2945 Causing death by operating vehicle while under influence of drugs or alcohol; and
446	446
447	447	1 2 16-13-240(1) Obtaining signature or property by false pretenses
448	448	3 16-25-20(B) Domestic violence, First degree
449	449	4 5 16-25-65 Domestic violence of a high and aggravated nature
450	450	6 38-55-540(3) Insurance fraud
451	451	7 44-53-370(e) Trafficking in controlled substances
452	452	8 44-53-375(C) Trafficking in ice, crank, or crack cocaine
453	453	9 10 11 44-53-445(B)(1)&(2) Distribute, sell, manufacture, or possess with intent to distribute controlled substances within proximity of school
454	454	12 13 56-5-2945 Causing death by operating vehicle while under influence of drugs or alcohol; and
455	455
456	456	1
457	457
458	458	2
459	459
460	460	16-13-240(1)
461	461
462	462	Obtaining signature or property by false pretenses
463	463
464	464	3
465	465
466	466	16-25-20(B)
467	467
468	468	Domestic violence, First degree
469	469
470	470	4
471	471
472	472	5
473	473
474	474	16-25-65
475	475
476	476	Domestic violence of a high and aggravated nature
477	477
478	478	6
479	479
480	480	38-55-540(3)
481	481
482	482	Insurance fraud
483	483
484	484	7
485	485
486	486	44-53-370(e)
487	487
488	488	Trafficking in controlled substances
489	489
490	490	8
491	491
492	492	44-53-375(C)
493	493
494	494	Trafficking in ice, crank, or crack cocaine
495	495
496	496	9
497	497
498	498	10
499	499
500	500	11
501	501
502	502	44-53-445(B)(1)&(2)
503	503
504	504	Distribute, sell, manufacture, or possess with intent to distribute controlled substances within proximity of school
505	505
506	506	12
507	507
508	508	13
509	509
510	510	56-5-2945
511	511
512	512	Causing death by operating vehicle while under influence of drugs or alcohol; and
513	513
514	514	(c) the offenses enumerated below: 16 17 16-1-40 Accessory before the fact for any of the offenses listed in subitems (a) and (b) 18 19 16-1-80 Attempt to commit any of the offenses listed in subitems (a) and (b) 20 21 43-35-85(E) Abuse or neglect of a vulnerable adult resulting in great bodily injury.
515	515
516	516
517	517
518	518	(c) the offenses enumerated below:
519	519
520	520	16 17 16-1-40 Accessory before the fact for any of the offenses listed in subitems (a) and (b)
521	521	18 19 16-1-80 Attempt to commit any of the offenses listed in subitems (a) and (b)
522	522	20 21 43-35-85(E) Abuse or neglect of a vulnerable adult resulting in great bodily injury.
523	523
524	524	16
525	525
526	526	17
527	527
528	528	16-1-40
529	529
530	530	Accessory before the fact for any of the offenses listed in subitems (a) and (b)
531	531
532	532	18
533	533
534	534	19
535	535
536	536	16-1-80
537	537
538	538	Attempt to commit any of the offenses listed in subitems (a) and (b)
539	539
540	540	20
541	541
542	542	21
543	543
544	544	43-35-85(E)
545	545
546	546	Abuse or neglect of a vulnerable adult resulting in great bodily injury.
547	547
548	548	(3) "Conviction" means any conviction, guilty plea, or plea of nolo contendere. (D) Except as provided in this subsection or subsection (E), no person sentenced pursuant to this section shall be eligible for early release or discharge in any form, whether by parole, work release, release to ameliorate prison overcrowding, or any other early release program, nor shall they be eligible for earned work credits, education credits, good conduct credits, or any similar program for early release. A person is eligible for work release if the person is sentenced for voluntary manslaughter (Section 16-3-50), kidnapping (Section 16-3-910), carjacking (Section 16-3-1075), burglary in the second degree (Section 16-11-312(B)), armed robbery (Section 16-11-330(A)), or attempted armed robbery (Section 16-11-330(B)), the crime did not involve any criminal sexual conduct or an additional violent crime as defined in Section 16-1-60, and the person is within three years of release from imprisonment. (E) For the purpose of this section only, a person sentenced pursuant to this section may be paroled if: (1)(a) the Department of Corrections requests the Department of Probation, Parole and Pardon
549	549
550	550
551	551
552	552	(3) "Conviction" means any conviction, guilty plea, or plea of nolo contendere.
553	553
554	554	(D) Except as provided in this subsection or subsection (E), no person sentenced pursuant to this section shall be eligible for early release or discharge in any form, whether by parole, work release, release to ameliorate prison overcrowding, or any other early release program, nor shall they be eligible for earned work credits, education credits, good conduct credits, or any similar program for early release. A person is eligible for work release if the person is sentenced for voluntary manslaughter (Section 16-3-50), kidnapping (Section 16-3-910), carjacking (Section 16-3-1075), burglary in the second degree (Section 16-11-312(B)), armed robbery (Section 16-11-330(A)), or attempted armed robbery (Section 16-11-330(B)), the crime did not involve any criminal sexual conduct or an additional violent crime as defined in Section 16-1-60, and the person is within three years of release from imprisonment.
555	555
556	556	(E) For the purpose of this section only, a person sentenced pursuant to this section may be paroled if:
557	557
558	558	(1)(a) the Department of Corrections requests the Department of Probation, Parole and Pardon
559	559
560	560	Services to consider the person for parole; and (2)(b) the Department of Probation, Parole and Pardon Services determines that due to the person's health or age he is no longer a threat to society; and (a)(c)(i) the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or (b)(ii) the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or (c)(iii) the person is afflicted with a terminal illness where life expectancy is one year or less; or (d)(iv) the person can produce evidence comprising the most extraordinary circumstances.; and (2) the person was younger than eighteen years of age at the time of committing the relevant offense. (F) For the purpose of determining a prior or previous conviction under this section and Section 17-25-50, a prior or previous conviction shall mean the defendant has been convicted of a most serious or serious offense, as may be applicable, on a separate occasion, prior to the instant adjudication. There is no requirement that the sentence for the prior or previous conviction must have been served or completed before a sentence of life without parole can be imposed under this section. (G) The decision to invoke sentencing under this section is in the discretion of the solicitor. (H) Where the solicitor is required to seek or determines to seek sentencing of a defendant under this section, written notice must be given by the solicitor to the defendant and defendant's counsel not less than ten days before trial. (I) A person who was younger than eighteen years of age at the time of committing an offense and who is eligible for parole pursuant to subsection (E)(2) is entitled to representation by counsel. If the person cannot afford counsel, then the court of original sentencing jurisdiction shall appoint a public defender to represent the person. (J) In determining if it is appropriate to grant a person parole pursuant to subsection (E)(2), the Department of Probation, Parole and Pardon Services shall consider any factor it deems appropriate, including all of the following: (1) the person's age at the time of the offense; (2) the nature of the offense and the history and characteristics of the person; (3) whether the person has substantially complied with the rules of the institution to which the person has been confined and whether the person has completed any educational, vocational, or other program, if available; (4) whether the person has demonstrated maturity, rehabilitation, and a fitness to reenter society sufficient to justify a sentence reduction;
561	561
562	562	Services to consider the person for parole; and
563	563
564	564	(2)(b) the Department of Probation, Parole and Pardon Services determines that due to the person's health or age he is no longer a threat to society; and
565	565
566	566	(a)(c)(i) the person has served at least thirty years of the sentence imposed pursuant to this section and has reached at least sixty-five years of age; or
567	567
568	568	(b)(ii) the person has served at least twenty years of the sentence imposed pursuant to this section and has reached at least seventy years of age; or
569	569
570	570	(c)(iii) the person is afflicted with a terminal illness where life expectancy is one year or less; or
571	571
572	572	(d)(iv) the person can produce evidence comprising the most extraordinary circumstances.; and
573	573
574	574	(2) the person was younger than eighteen years of age at the time of committing the relevant offense.
575	575
576	576	(F) For the purpose of determining a prior or previous conviction under this section and Section 17-25-50, a prior or previous conviction shall mean the defendant has been convicted of a most serious or serious offense, as may be applicable, on a separate occasion, prior to the instant adjudication. There is no requirement that the sentence for the prior or previous conviction must have been served or completed before a sentence of life without parole can be imposed under this section.
577	577
578	578	(G) The decision to invoke sentencing under this section is in the discretion of the solicitor.
579	579
580	580	(H) Where the solicitor is required to seek or determines to seek sentencing of a defendant under this section, written notice must be given by the solicitor to the defendant and defendant's counsel not less than ten days before trial.
581	581
582	582	(I) A person who was younger than eighteen years of age at the time of committing an offense and who is eligible for parole pursuant to subsection (E)(2) is entitled to representation by counsel. If the person cannot afford counsel, then the court of original sentencing jurisdiction shall appoint a public defender to represent the person.
583	583
584	584	(J) In determining if it is appropriate to grant a person parole pursuant to subsection (E)(2), the Department of Probation, Parole and Pardon Services shall consider any factor it deems appropriate, including all of the following:
585	585
586	586	(1) the person's age at the time of the offense;
587	587
588	588	(2) the nature of the offense and the history and characteristics of the person;
589	589
590	590	(3) whether the person has substantially complied with the rules of the institution to which the person has been confined and whether the person has completed any educational, vocational, or other program, if available;
591	591
592	592	(4) whether the person has demonstrated maturity, rehabilitation, and a fitness to reenter society sufficient to justify a sentence reduction;
593	593
594	594	(5) any statement, provided orally or in writing, by a victim of the offense for which the person is imprisoned, or by a family member of the victim if the victim is deceased; (6) any report from a physical, mental, or psychiatric examination of the person conducted by a licensed health care professional; (7) the person's family and community circumstances at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system; (8) the extent of the person's role in the offense and whether and to what extent an adult was involved in the offense; and (9) the diminished culpability of juveniles as compared to that of adults, and the hallmark features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences, which counsel against sentencing juveniles to a lifetime in prison. SECTION 5. Article 15, Chapter 19, Title 63 of the S.C. Code is amended by adding: Section 63-19-1690. Mechanical or chemical restraint, isolation, or room confinement only may be used to ensure the immediate safety of an individual or others if no less restrictive intervention has been, or is likely to be, effective in averting danger. Mechanical or chemical restraint, isolation, or room confinement must never be used for coercion, retaliation, or humiliation; as a threat or form of punishment; in lieu of adequate staffing; as a replacement for active treatment; for staff convenience; or for property damage not involving imminent danger. SECTION 6. Section 16-11-311(B) of the S.C. Code is amended to read: (B) Burglary in the first degree is a felony punishable by life imprisonment. For purposes of this section, "life" means until death. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years. The court may not sentence a person to "life", as defined in this section, who was younger than eighteen years of age at the time of committing the offense. SECTION 7. Section 17-25-20 of the S.C. Code is amended to read: Section 17-25-20. When no special punishment is provided for a felony, it shall, at the discretion of the court, be by one or more of the following modes, to wit: Confinement in the Penitentiary or in a workhouse or penal farm, when such institutions shall exist, for a period of not less than three months nor more than ten years, with such imposition of hard labor and solitary confinement as may be directed. Solitary confinement may not be directed for a person who is younger than eighteen years of age.
595	595
596	596	(5) any statement, provided orally or in writing, by a victim of the offense for which the person is imprisoned, or by a family member of the victim if the victim is deceased;
597	597
598	598	(6) any report from a physical, mental, or psychiatric examination of the person conducted by a licensed health care professional;
599	599
600	600	(7) the person's family and community circumstances at the time of the offense, including any history of abuse, trauma, or involvement in the child welfare system;
601	601
602	602	(8) the extent of the person's role in the offense and whether and to what extent an adult was involved in the offense; and
603	603
604	604	(9) the diminished culpability of juveniles as compared to that of adults, and the hallmark features of youth, including immaturity, impetuosity, and failure to appreciate risks and consequences, which counsel against sentencing juveniles to a lifetime in prison.
605	605
606	606
607	607
608	608	SECTION 5. Article 15, Chapter 19, Title 63 of the S.C. Code is amended by adding:
609	609
610	610
611	611
612	612	Section 63-19-1690. Mechanical or chemical restraint, isolation, or room confinement only may be used to ensure the immediate safety of an individual or others if no less restrictive intervention has been, or is likely to be, effective in averting danger. Mechanical or chemical restraint, isolation, or room confinement must never be used for coercion, retaliation, or humiliation; as a threat or form of punishment; in lieu of adequate staffing; as a replacement for active treatment; for staff convenience; or for property damage not involving imminent danger.
613	613
614	614
615	615
616	616	SECTION 6. Section 16-11-311(B) of the S.C. Code is amended to read:
617	617
618	618
619	619
620	620	(B) Burglary in the first degree is a felony punishable by life imprisonment. For purposes of this section, "life" means until death. The court, in its discretion, may sentence the defendant to a term of not less than fifteen years. The court may not sentence a person to "life", as defined in this section, who was younger than eighteen years of age at the time of committing the offense.
621	621
622	622
623	623
624	624	SECTION 7. Section 17-25-20 of the S.C. Code is amended to read:
625	625
626	626
627	627
628	628	Section 17-25-20. When no special punishment is provided for a felony, it shall, at the discretion of the court, be by one or more of the following modes, to wit: Confinement in the Penitentiary or in a workhouse or penal farm, when such institutions shall exist, for a period of not less than three months nor more than ten years, with such imposition of hard labor and solitary confinement as may be directed. Solitary confinement may not be directed for a person who is younger than eighteen years of age.
629	629
630	630
631	631
632	632	SECTION 8. Section 24-13-100 of the S.C. Code is amended to read: Section 24-13-100. For purposes of definition under South Carolina law, a "no parole offense" means a class A, B, or C felony or an offense exempt from classification as enumerated in Section 16-1-10(d), which is punishable by a maximum term of imprisonment for twenty years or more, unless the offense was committed by a person who was younger than eighteen years of age at the time of committing the relevant offense. SECTION 9. This act takes effect upon approval by the Governor. ----XX----
633	633
634	634
635	635
636	636	SECTION 8. Section 24-13-100 of the S.C. Code is amended to read:
637	637
638	638
639	639
640	640	Section 24-13-100. For purposes of definition under South Carolina law, a "no parole offense" means a class A, B, or C felony or an offense exempt from classification as enumerated in Section 16-1-10(d), which is punishable by a maximum term of imprisonment for twenty years or more, unless the offense was committed by a person who was younger than eighteen years of age at the time of committing the relevant offense.
641	641
642	642
643	643
644	644	SECTION 9. This act takes effect upon approval by the Governor.
645	645
646	646	----XX----
647	647
648	648	This web page was last updated on December 11, 2024 at 04:21 PM