Chief justice assails system
By Doug Pardue
Mary Ann Chastain/AP
Chief Justice Jean Toal says the state prison sentencing system is 'a scandal.'
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Go to postandcourier.com/parole to read the paper's Law and Disorder series, which examines South Carolina's broken probation and parole system.
South Carolina's sentencing system is "a scandal" that has created a "permanent criminal underclass" supported with state money, Chief Justice Jean Toal said Friday.
"This system is broken, and it's not fair to anyone," the state Supreme Court chief told members of the South Carolina Sentencing Reform Commission during a working retreat at downtown Charleston's Doubletree Hotel.
The commission was set up to recommend ways to modernize and improve a system that Toal characterized as "hodgepodge, cobbled together over time, nonsensical." She said the state is burdened "with an antiquated system of sentencing" that needs to be "completely revamped."
State Sen. Gerald Malloy, chairman of the commission, said the panel hopes to complete its work by November so reform legislation can be filed for the Legislature next year.
Malloy, a Democrat from Hartsville, said the state's current anemic financial condition might help sentencing reform get through the Legislature because he expects it will save money that otherwise would be spent on housing prisoners.
The state spends about $14,000 a year for each criminal behind bars. Many sentencing-reform proposals involve alternatives to prison, especially for nonviolent criminals.
At any given time, Malloy said, half of the state's 24,000 prison inmates are in for nonviolent crimes, such as shoplifting and driving without a permit. Not locking them in prison could save tens of millions of dollars, he said.
"We have to create a balance to incarcerate violent offenders and to have cost-saving means for the nonviolent, but allow them to pay their debt" to society, Malloy said.
Last year, the state's two top lawmakers, Senate President Pro Tem Glenn McConnell and House Speaker Bobby Harrell, called for sentencing reform and improvements to the state's system of probation and parole after The Post and Courier ran a series called "Law and Disorder."
The series revealed that many citizens are killed, raped or robbed by criminals freed on probation or parole. The story showed that the state doesn't have enough probation officers to adequately oversee criminals released on probation or parole.
Any effort at sentencing reform that calls for improved alternatives to prison for many criminals would require a substantially beefed up probation system, experts say.
Reach Doug Pardue at dpardue@postandcourier.com or 937-5558 and Glenn Smith at gsmith@postandcourier.com or 937-5556.
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GAL2000 (anonymous) says...
Focus and Fix the Family Court System First. Why does this article get more public exposure, than our broken Family Courts? The Family Courts get swept far under a door mat in this state to where it cannot be reached...ugh!
June 27, 2009 at 10:11 a.m. ( permalink | suggest removal )
lillycollette (anonymous) says...
I publicly DEMAND that the legislature investigate AND PROSECUTE public corruption in the family court system.
June 27, 2009 at 11:24 a.m. ( permalink | suggest removal )
JustJennings (anonymous) says...
There is a total lack of accountability for gouvernment officials in this state, and there should be more oversight of local officials by the state.
June 27, 2009 at 12:07 p.m. ( permalink | suggest removal )
dennisfass (anonymous) says...
The revolving door starts in Family Court. Every Wednesday, Rules are heard and the vans are loaded up with non violent offenders who showed up for court to explain why they are behind in their child support payments. If they are found in contempt they are not given an opportunity to call a relative, access an ATM or make a cell phone call before they are shackled, processed and incarcerated. Nonviolent offenders loading up the jails. Several hours later they are allowed phone access. How about just set up an ATM in the Courthouse for a start?
June 27, 2009 at 10:53 p.m. ( permalink | suggest removal )
GAL2000 (anonymous) says...
Instead of going around the State Justice Toal to see if your county clerks offices in Family Courts are not giving out "pro se" packets for divorce, try focusing YOUR attention with the judges on the bench, State Laws, Legislature...etc. Investigating the clerks office because there are no "pro se" packets available to give to people, is in my opinion a waste of time. In fact, you can still come down this way, and visit a few counties, that STILL do not know that you made surprise visits to the clerks office about "pro se" packets not being given out. Just last week, I watched in Berkeley County Family Court where the clerk at the window said: Quote "We cannot give legal advice out, and we do not have these so called forms that you are asking for, but there is a web site that you can download these forms from". I walked out of the small enclosed family clerks waiting area, and gave this person the Web Site: http://www/sccourts.org and told them where to find the forms for "pro se". I guess that not all of the family court clerks got the message from OUR Chief Justice Toal.
I hope you read these comment sections Justice Toal, because the word is still not out for people wanting to represent themselve's "pro se". The cost of lawyers hourly fee's and retainer fee's is high, and people who cannot afford fees' to pay a lawyer, should have access to represent themselve's "pro se". We don't want lay-people in this state practicing law do we now, because the SC Codes in the Section 40 states that lay-people cannot. That is not practicing law in my opinion when representing yourself in court, and the 40 Code law needs looked at and revised in my opinion.
June 28, 2009 at 10:24 a.m. ( permalink | suggest removal )
GAL2000 (anonymous) says...
Correstion: http://www.sccourts.org
I was typing too fast...sorry!
June 28, 2009 at 10:25 a.m. ( permalink | suggest removal )
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