SENATE OKS SENTENCING BILL

The S.C. Senate on Thursday adopted so-called truth-in-sentencing
legislation that requires criminals convicted of the most serious crimes to
serve 85 percent of their sentences. But the Senate made sweeping changes
to the legislation, which originated in the House. Republican House leaders
indicated they won't go along with some of the changes.

As originally proposed by House Speaker David Wilkins, R-Greenville, the
bill required every person sentenced to prison to serve at least 85 percent
of his or her sentence.

As passed by the Senate, the 85 percent requirement would apply to the most
serious crimes, mostly those that carry prison sentences of 15 years or more.

The Senate bill also:

n Includes a provision on racial profiling that has been the top priority
of the Legislative Black Caucus for two years.

It requires police agencies to track the race of motorists stopped by
officers and requires regular reports to the state. It is supported by most
of the state's law enforcement agencies, municipalities and counties.

A similar racial profiling bill has been stuck on the House Judiciary
Committee agenda since last year's legislative session.

n Lowers the penalties for crack cocaine to equal those for cocaine. Crack
cocaine is a more potent, concentrated form of cocaine.

Currently, first offense possession of cocaine carries a penalty of no more
than two years in prison and a $5,000 fine. The same offense for crack
carries sentences of up to five years.

Second offenses for cocaine are five years in prison and a $5,000 fine; for
crack, it's 10 years and $10,000.

The compromise is an important step for the state's judicial system, Sen.
Robert Ford, D-Charleston, said.

"I think everyone is happy," Ford said.

House Judiciary chairman Jim Harrison, R-Richland, is not.

"I don't think in an election year the House is going to lower the criminal
penalties for crack cocaine," Harrison said.

If there is an inequity between powder and crack cocaine sentences,
Harrison said, then "let's raise the penalties for powder to be equal with
crack."

Sen. Bob Waldrep, R-Anderson, one of the Senate's chief negotiators on the
bill, said the compromise makes solid public policy. While legislators want
the strictest penalties possible, they must be aware of the prisons
system's capacity, he said.

Despite disagreeing with the changes, Wilkins called the Senate's action a
positive step.

"We've been working on this bill for a number of years," he said. "They've
obviously made some changes to the bill we would find hard to accept."

Wilkins said he was concerned about the crack cocaine provision, but said
he hadn't seen the racial profiling provision and didn't want to prejudge it.

"I'm not necessarily opposed to that," he said.

Requiring all prisoners to serve 85 percent of sentences would be a huge
burden on the state, said Bill Nettles, past president of the S.C.
Association of Criminal Defense Lawyers.

"What this is going to do is cost the state an enormous amount of money,"
Nettles said.

In 2001, it cost the state $43.75 to house an inmate for one day.