74th Legislative Session -- 1999

Committee: Senate Judiciary

Saturday, January 16, 1999

                                            P - Present
                                            E - Excused
                                            A - Absent

Roll Call
P      Dunn (Rebecca)
P      Everist
P      Flowers
P      Moore
E      Munson (David)
P      Daugaard, Vice-Chair
P      Whiting, Chair


OTHERS PRESENT: See Original Minutes

The meeting was called to order by Senator Whiting


          SB 19:   revise certain provisions concerning clemency applications.

Presented by:      Jeff Bloomberg, Dept. Of Corrections

MOTION:      DEFER SB 19 UNTIL 7th Legislative Day

Moved by:      Senator Flowers
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.

          SB 20:   provide for court-ordered restitution at the time a defendant is sentenced to the state penitentiary.

Presented by:      Jeff Bloomberg, Dept. Of Corrections

MOTION:      AMEND SB 20

r-20

     On page 1 , line 6 of the printed bill , remove the overstrikes from " or " .

     On page 1 , line 6 , delete " or to the state penitentiary, " .

     On page 1 , line 11 , delete " defendants " and insert " defendant's " .

     On page 1 , line 12 , delete " , incarceration, " .

     On page 1 , line 12 , overstrike " or parole " .

     On page 2 , line 1 , overstrike everything after " sentence, " and insert " the court shall set forth in the judgment the names and specific amount of restitution owed each victim. The Department of Corrections shall establish the collection schedule for court-ordered restitution while the defendant is in the penitentiary and on parole. The Board of Pardons and Paroles shall require, as a condition of parole, that the defendant pay restitution ordered by the court. " .

     On page 2 , line 2 , overstrike " as a condition of parole that the defendant " .

     On page 2 , line 3 , delete " abide " .

     On page 2 , delete line 4 .

     On page 2 , remove the overstrikes from lines 18 and 19 .

     On page 2 , delete line 20 , and insert " each known victim a copy of the plan schedule of restitution approved or modified by the board of " .

     On page 2 , line 21 , before " . " insert " for each inmate placed on parole " .


Moved by:      Senator Daugaard
Second by:      Senator Moore
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 20 AS AMENDED

Moved by:      Senator Everist
Second by:      Senator Moore
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Dunn (Rebecca), Everist, Flowers, Moore, Daugaard, Whiting

Excused:      Munson (David)

          SB 21:   specify the responsible party for inmate transportation to court-ordered hearings.

Presented by:      Jeff Bloomberg, Dept. Of Corrections

MOTION:      AMEND SB 21

r-21

     On page 2 , delete lines 13 to 15 of the printed bill , inclusive , and insert " In the event a county or the Department of Corrections fails to transport an inmate as required in this Act, the county or the department may be billed for the cost of the transport and are responsible for the payment thereof. " .


Moved by:      Senator Everist
Second by:      Senator Dunn (Rebecca)
Action:      Prevailed by voice vote.

MOTION:      DO PASS SB 21 AS AMENDED

Moved by:      Senator Everist
Second by:      Senator Moore
Action:      Prevailed by roll call vote.   (6-0-1-0)

Voting yes:      Dunn (Rebecca), Everist, Flowers, Moore, Daugaard, Whiting

Excused:      Munson (David)

MOTION:      ADJOURN

Moved by:      Senator Moore
Second by:      Senator Daugaard
Action:      Prevailed by voice vote.



Carol A. Glass

_________________________________

Committee Secretary
Fred Whiting, Chair


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