This statutory database is current through the 2003 Regular Session of the South Carolina General Assembly. Changes to the statutes enacted by the 2004 General Assembly, which will convene in January 2004, will be incorporated as soon as possible. Some changes enacted by the 2004 General Assembly may take immediate effect. The State of South Carolina and the South Carolina Legislative Council make no warranty as to the accuracy of the data, and users rely on the data entirely at their own risk.
Title 24 - Corrections, Jails, Probations, Paroles and Pardons
DEPARTMENT OF CORRECTIONS
Construction of references to "State Penitentiary," "Penitentiary," and "Director of the Department of Corrections."
Wherever in the Code of Laws of South Carolina, 1976, reference is made to the State Penitentiary or Penitentiary, it shall mean the Department of Corrections or an institution of the Department of Corrections; and wherever reference is made to the Director of the Department of Corrections, it shall mean Commissioner of the Department of Corrections.
Declaration of policy.
It shall be the policy of this State in the operation and management of the Department of Corrections to manage and conduct the Department in such a manner as will be consistent with the operation of a modern prison system, and with the view of making the system self-sustaining, and that those convicted of violating the law and sentenced to a term in the State Penitentiary shall have humane treatment, and be given opportunity, encouragement and training in the matter of reformation.
Department of Corrections created; functions.
There is hereby created as an administrative agency of the State government the Department of Corrections. The functions of the Department shall be to implement and carry out the policy of the State with respect to its prison system, as set forth in Section 24-1-20, and the performance of such other duties and matters as may be delegated to it pursuant to law.
Department to be governed by appointed director; filling of vacancies; director subject to removal.
The department shall be governed by a director appointed by the Governor with the advice and consent of the Senate. Any vacancy occurring for any cause shall be filled by the Governor in the manner provided for by law for the unexpired term. The director shall be subject to removal from office as provided in Section 1-3-240.
[1962 Code Section 55-294; 1960 (51) 1917]Repealed by 1993 Act No. 181, Section 1617(A), eff July 1, 1993.
1962 Code Section 55-295; 1960 (51) 1917]Repealed by 1993 Act No. 181,Section 1617(A), eff July 1, 1993.
[1962 Code Section 55-296; 1960 (51) 1917; 1974 (58) 2176; 1977 Act No. 32]Repealed by 1993 Act No. 181, Section 1617(A), eff July 1, 1993.
[1962 Code Section 55-297; 1960 (51) 1917]Repealed by 1993 Act No. 181, Section 1617(A), eff July 1, 1993.
Director authorized to make rules and regulations.
The director shall have authority to make and promulgate rules and regulations necessary for the proper performance of the department's functions.
Qualifications of director of prison system.
The director shall possess qualifications and training which suit him to manage the affairs of a modern penal institution.
Employment and discharge of other personnel.
The duty of the director shall extend to the employment and discharge of such persons as may be necessary for the efficient conduct of the prison system.
Bonds of director and other personnel.
The director shall execute a good and sufficient bond payable to the State in the sum of fifty thousand dollars, conditioned for the faithful performance of the duties of his office and the accurate accounting for all moneys and property coming into his hands; and he may require of other officers, employees and agents of the prison system a good and sufficient bond in such sum as it may determine upon, payable to the State upon like conditions. Such bonds shall be executed by a surety company authorized to do business under the laws of this State, and the premium on any such bond shall be paid by the State out of the support and maintenance fund of the prison system.
Management and control of prison system.
The director shall be vested with the exclusive management and control of the prison system, and all properties belonging thereto, subject to the limitations of Sections 24-1-20 to 24-1-230 and 24-1-260 and shall be responsible for the management of the affairs of the prison system and for the proper care, treatment, feeding, clothing, and management of the prisoners confined therein. The director shall manage and control the prison system.
Director empowered to make rules and regulations; separation and classification of prisoners.
The director shall have power to prescribe reasonable rules and regulations governing the humane treatment, training, and discipline of prisoners, and to make provision for the separation and classification of prisoners according to sex, color, age, health, corrigibility, and character of offense upon which the conviction of the prisoner was secured.
Transfer or exchange of foreign convicted offenders.
Notwithstanding any other provisions of law, when any treaty between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Governor, on behalf of this State, shall be authorized, subject to the terms of such treaty, to permit the Director of the Department of Corrections to transfer or exchange offenders and take any other action necessary to participate in such treaty.
Annual inventory and report of prison system property; statement of fiscal affairs of system.
Annually the director shall cause a full and complete inventory of all property of every description belonging to the prison system to be made, and there shall be set opposite each item the book and actual market value of same. Such inventory shall further include a statement of the fiscal affairs of the system for the preceding fiscal year; and a sufficient number of copies of such inventory and report shall be printed to give general publicity thereto.
Periodic reports from departments, officers and employees.
The director shall have power to require all necessary reports from any department, officer, or employee of the prison system at stated intervals.
The director shall keep, or cause to be kept, correct and accurate accounts of each and every financial transaction of the prison system, including all receipts and disbursements of every character. He shall receive and receipt for all money paid to him from every source whatsoever, and shall sign all warrants authorizing any disbursement of any sum or sums on account of the prison system. He shall keep full and correct accounts with any industry, department and farm of the prison system, and with all persons having financial transactions with the prison system.
[1962 Code Section 55-309; 1952 Code Section 55-309; 1942 Code Section 1961; 1932 Code Section 1962; Cr. C. '22 Section 944; Cr. C. '12 Section 948; Cr. C. '02 Section 662; G. S. 2711; R. S. 547; 1868 (14) 94; 1878 (16) 561; 1883 (18) 553; 1923 (33) 224; 1939 (41) 107][1993 Act No. 181, Section 384] Repealed by 1995 Act No. 83,Section 57, eff January 1, 1996.
Department to prosecute violations relating to treatment of convicts.
The department shall prosecute all violations of the law in reference to the treatment of convicts.
Suits to be brought in name of director.
All actions or suits at law accruing to the department shall be brought in the name of the director, who shall also appear for and defend actions or suits at law in which it is to the interest of the department to appear as a party defendant. No suit or action at law shall be brought for or defended on behalf of the department except by authority of the director.
Director may purchase or condemn lands for constructing building or sewer or water line.
The Department of Corrections may purchase or condemn lands for the construction of any building or sewerage or water line essential to the operation of the prison system.
Department empowered to sell timber on Department lands; use of proceeds.
The State Department of Corrections is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the department. However, the proceeds derived from these sales shall not exceed fifty thousand dollars in any one year. Prior to such sales, the director shall consult with the State Forester to determine the economic feasibility of and obtain approval for such sales. Funds derived from timber sales shall be utilized by the Department of Corrections to maintain and expand the agricultural program subject to the approval of the Budget and Control Board.
Use of fees collected in clinical pastoral training program.
The Department of Corrections is hereby authorized to retain all fees collected in connection with the clinical pastoral training program conducted by the department for use in the continued operation of that program.
Trespass or loitering on or refusal to leave State correctional properties prohibited.
(A) As used in this section, the term 'state correctional properties' includes all property under the control of the Director of the South Carolina Department of Corrections, or his agents, for the confinement of inmates or other uses pursuant to the director's responsibilities.
(B) It is unlawful for a person to:
(1) trespass or loiter on state correctional properties after notice to leave is given by the director or his authorized agents or, after lawful entry, refuse to leave the premises after notice is given; or
(2) incite, solicit, urge, encourage, exhort, instigate, or procure a person to violate the provisions of item (1) of this subsection.
(C) A person violating the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) The provisions of this section must not be construed to bar prosecution of other offenses committed on state correctional property.
Employees of Department of Corrections, Department of Juvenile Justice, or Department of Mental Health as peace officers
An employee of the South Carolina Department of Corrections, the South Carolina Department of Juvenile Justice, or the Department of Mental Health whose assigned work location is one of the correctional facilities of the Department of Corrections or the Department of Juvenile Justice, while performing his officially assigned duty relating to the custody, control, transportation, or recapture of an inmate within the jurisdiction of his department, or an inmate of any jail, penitentiary, prison, public work, chain gang, or overnight lockup of the State or any political subdivision of it not within the jurisdiction of his department, has the status of a peace officer anywhere in the State in any matter relating to the custody, control, transportation, or recapture of the inmate.