JUDGE REFUSES TO REDUCE SENTENCE FOR CRUZ-REYES

GAFFNEY -- Circuit Court Judge Mark Hayes has refused to reduce a prison
sentence for a woman whose newborn tested positive for drugs.

Public Defender Don Thompson asked Hayes earlier this month to reduce the
four-year prison sentence he ordered for Pamela Cruz-Reyes in December.

Cruz-Reyes, 22, pleaded guilty to unlawful child neglect after her she
tested positive for cocaine and marijuana and her newborn tested positive
for cocaine.

When she was arrested, her newborn was placed in the care of the Department
of Social Services. Cruz-Reyes has two other children, ages 2 and 6, who
are in the care of relatives.

Thompson said the Department of Social Services could terminate parental rights if
the child is in the care of DSS for 15 months. Since Cruz-Reyes won't be eligible
for parole for 30 months, Thompson argued the agency could use her
incarceration period to terminate her parental rights in Family Court.

In Hayes' answer to Thompson's request, he states the court wasn't aware
during her guilty plea that DSS could terminate Cruz-Reyes's parental
rights if she doesn't have visitation or support the child during her
incarceration. But, Hayes states, DSS might not view the failure to visit
or support the child as "willful" if she is incarcerated.

Ul timately, the decision to reunite Cruz-Reyes with her child would be left
up to a Family Court judge, if she complies with the DSS correction plan
Hayes ordered during her sentencing, the order states.

Hayes also ordered Cruz-Reyes to serve five years probation upon her
release. If she successfully completes the DSS correction plan, the
probation would be terminated.

"This type of condition, hopefully, will stimulate and encourage the
defendant to comply with the DSS goals and be reunited with her child,"
Hayes states in the order.