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Sentencing: South Carolina Governor Signs Reform Bill, Will End Mandatory Minimums for Some Drug Offenses

Submitted by Phillip Smith on (Issue #635)

South Carolina Gov. Mark Sanford (R) Wednesday signed into law a sentencing reform package that includes ending mandatory minimum sentences for some drug offenses. The bill, SB 1154 was based on the recommendations of the South Carolina Sentencing Reform Commission, empanelled by the governor in a bid to slow the growth of corrections spending in the state.

"A number of structural problems with our prison and parole system have prevented Corrections from making improvements that would both discourage recidivism and save taxpayer resources in the process," Sanford said in a signing statement. "This bill accomplishes many of those goals. It's designed not only to make our corrections process even more lean and effective and thereby save taxpayers millions -- but also to reduce overall crime and consequently improve the quality of life we enjoy as South Carolinians."

While South Carolina can brag about how cheaply it can imprison people -- it spends the second lowest amount per inmate in the country -- its prison budgets have soared along with its inmate population since the 1980s. In 1983, South Carolina spent $64 million to keep 9,200 people behind bars; this year, it will spend $394 million to imprison 25,000 people.

The bill attempts to change that trajectory through a number of measures. It ends mandatory minimum sentences for first-time drug possession offenders and allows the possibility of probation or parole for certain second and third offenders. It also removes the sentencing disparity between crack and powder cocaine possession.

It also allows more prisoners to get into work release programs in the final three years of their sentences and mandates six months of reentry supervision for nonviolent offenders. The bill allows for home detention for third time driving-with-a-suspended-license offenders and for route-restricted drivers on first and second convictions.

It isn't all sweetness and light. The bill shifts the status of two dozen crimes, including sex offenses against children, from nonviolent to violent, meaning inmates convicted of those offenses will have to serve at least 85% of their time before being paroled. It also increases penalties for habitual driving-while-suspended offenders who kill or gravely injure someone.

Still, the bill should have a real impact on the system, especially given that drug offenders are the biggest category of offenders in prison in South Carolina, followed in order by burglars, bad check writers, and people driving on a suspended license. Officials estimate the measure will save the state $409 million over the next five years.

Permission to Reprint: This content is licensed under a modified Creative Commons Attribution license. Content of a purely educational nature in Drug War Chronicle appear courtesy of DRCNet Foundation, unless otherwise noted.


Vape (not verified)

It's about time something right happened in this state. It's embarassing to have to admit I live in a state where most of our legislators are still stuck in the "Reefer Madness" mode. Now if we can just get them to realize they need to join the 21st century and at least pass reasonable medical marijuana laws. Yes I know...wishful thinking...but I think they would be surprised to know just how many of us would vote for an anti-prohibition candidate.

Fri, 06/04/2010 - 2:27pm Permalink
maxwood (not verified)

Last time I looked SC was the fourth biggest tobackgo producing state. Not only is this relevant to the War on "drugs" i.e. on anything but $igarettes, but imprisonment has been one of the sneaky techniques for getting youngsters hooked on nicotine. Now the state can't afford it financially, but another thing: the progress of outrage against Side Stream Smoke has meant that even tobackgo belt prisons have had to move toward smoking restrictions so imprisonment will soon no longer be worth bothering with as a recruitment method for Big 2WackGo, and this could lead to more dismantlement.

Fri, 06/04/2010 - 3:12pm Permalink

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