Vol. 12, No. 2, Pg. 26. Accurately Advising Clients on Parole Eligibility.

• Author: By Deborah Drucker Deutschmann and Stephen K. Benjamin

South Carolina Lawyer

2000.

Vol. 12, No. 2, Pg. 26.

Accurately Advising Clients on Parole Eligibility

26Accurately Advising Clients on Parole EligibilityBy Deborah Drucker Deutschmann and Stephen K. BenjaminOver the years, the legislature has frequently amended the laws relating to parole eligibil ity and the classification of criminal offenses; therefore, it has become increasingly complex to determine when, and if, an offender will be eligible for parole. This article will assist lawyers in advising clients on the parole eligibility status associated with a potential plea agreement.

THE EVOLUTION OF ELIGIBILITY RULES

Generally, the offense date of the crime controls how long an incarcerated offender will have to wait before becoming eligible for parole consideration.

* For crimes committed prior to June 15, 1981, an offender has to serve one-third of the sentence before becoming eligible for parole.

* For crimes (other than burglary in the first and second degrees) committed between June 15, 1981 and June 3, 1986, the offender has to serve one-fourth of the sentence beforebecoming eligible for parole. Between June 15, 1981 and June 20, 1985, an offender who committed either a burglary in the first or second degree has to serve one-fourth of the sentence; between June 20, 1985 and June 3, 1986, the offender has to serve one-third of the sentence.

* The maximum length of time a person will have to serve before becoming eligible for parole, regardless of the length of the sentence is 10 years, unless the person is sentenced for murder or an offense excluded from parole consideration.

* Offenders sentenced to life for a murder committed before June 12, 1977 are eligible for parole after serving 10 years. Offenders sentenced to life for a murder committed between June 13, 1977 and June 2, 1986 are eligible for parole after serving 20 years. Offenders sen tenced to life for a murder committed on or after June 3, 1986 and between January 1, 1996 are eligible for parole after the service of 20 or 30 years, as ordered by the sentencing judge. After January 1, 1996, offenders are sentenced to life without parole or a 30-year mandatory minimum sentence without credits and are not eligible for parole.

CLASSIFICATION OF CRIMES AS VIOLENT AND NONVIOLENT AND THE EFFECT ON ELIGIBILITY

On June 3, 1986, the Omnibus Criminal Justice Improvements Act, 1986 Act No. 462, became law. This Act defined crimes as either violent or nonviolent and provided that for violent crimes the parole eligibility period is one-third of the sentence and for nonviolent crimes the parole eligibility period is one-fourth of the sentence.

Additionally, this Act provided that the Parole Board must not grant parole to an offender serving a sentence...