S 1450 Session 110 (1993-1994)
S 1450 General Bill, By T.W. Mitchell
A Bill to enact the "Criminal Justice Refinement and Planning Act of
1994".-short title
06/01/94 Senate Introduced and read first time SJ-57
06/01/94 Senate Referred to Committee on Judiciary SJ-57
A BILL
TO ENACT THE "CRIMINAL JUSTICE REFINEMENT AND
PLANNING ACT OF 1994"; TO AMEND THE CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27
TO TITLE 24 SO AS TO PROVIDE FOR COMMUNITY
CORRECTIONS INCENTIVE, INCLUDING PROVIDING, AMONG
OTHER THINGS, THAT THE DEPARTMENT OF CORRECTIONS
AND THE DEPARTMENT OF PROBATION, PARDON AND
PAROLE JOINTLY SHALL DEVELOP AND IMPLEMENT
CRITERIA TO ASSIST THE COURTS IN IDENTIFYING
OFFENDERS WHO WOULD BE SUITABLE CANDIDATES FOR
COMMITMENT AND REFERRAL TO A COMMUNITY
CORRECTIONS FACILITY; TO AMEND THE 1976 CODE BY
ADDING SECTION 24-3-25 SO AS TO PROVIDE THAT THE
GOVERNING BODIES OF COUNTIES AND/OR
MUNICIPALITIES MAY JOIN IN ESTABLISHING LOCAL
MULTI-JURISDICTIONAL CORRECTIONAL OR DETENTION
FACILITIES FOR THE CONFINEMENT OF PERSONS AWAITING
TRIAL OR SENTENCE ON CRIMINAL CHARGES, CONVICTED
AND SENTENCED ON CRIMINAL CHARGES, OR NOT
OTHERWISE ELIGIBLE FOR CONFINEMENT IN STATE OR
OTHER FACILITIES; TO AMEND SECTION 24-9-20, AS
AMENDED, RELATING TO INSPECTION OF STATE AND
LOCAL FACILITIES HOUSING PRISONERS OR PRETRIAL
DETAINEES, SO AS TO PROVIDE, AMONG OTHER THINGS,
THAT FOOD SERVICE OPERATIONS OF SUCH FACILITIES
MUST BE INSPECTED AT LEAST ANNUALLY BY AN
EMPLOYEE OF THE DEPARTMENT OF HEALTH AND
ENVIRONMENTAL CONTROL; TO AMEND SECTION 24-9-30,
AS AMENDED, RELATING TO THE JAIL AND PRISON
INSPECTION PROGRAM AND ENFORCEMENT OF MINIMUM
STANDARDS, SO AS TO PROVIDE, AMONG OTHER THINGS,
THAT IF THE DIRECTOR OF THE DEPARTMENT OF
CORRECTIONS DETERMINES THAT THE PUBLIC INTEREST
IS SERVED BY PERMITTING A CONFINEMENT FACILITY TO
REMAIN OPEN, WHEN THE FACILITY, UNDER OTHER
CRITERIA, SHOULD BE CLOSED, HE MAY STIPULATE
ACTIONS TO AVOID OR DELAY CLOSING THE FACILITY; TO
AMEND CHAPTER 13, TITLE 24, RELATING TO PRISONERS,
BY ADDING ARTICLE 17 SO AS TO PROVIDE FOR THE
CENTER FOR ALCOHOL AND DRUG REHABILITATION; TO
AMEND THE 1976 CODE BY ADDING SECTION 22-5-580 SO AS
TO ESTABLISH A STATEWIDE PRETRIAL CLASSIFICATION
PROGRAM TO BRING ABOUT AN IMPROVEMENT OF
MAGISTRATES' COLLECTIONS AND CONSIDERATION OF
INFORMATION CONCERNING RELEASE OF PERSONS PLACED
IN JAIL PENDING DISPOSITION OF CRIMINAL CHARGES,
AND PROVIDE THAT THE DEPARTMENT OF PROBATION,
PARDON AND PAROLE SHALL PROMULGATE REGULATIONS
TO BE USED BY MAGISTRATES IN IMPROVING THE
COLLECTIONS AND THE CONSIDERATION OF INFORMATION
ON PERSONS REQUESTING RELEASE ON APPEARANCE
RECOGNIZANCE OR APPEARANCE BONDS; TO AMEND THE
1976 CODE BY ADDING CHAPTER 29 TO TITLE 24 SO AS TO
ESTABLISH AND PROVIDE FOR THE SOUTH CAROLINA
SENTENCING AND CORRECTIONS POLICY COMMISSION; TO
AMEND SECTION 24-3-20, AS AMENDED, RELATING TO,
AMONG OTHER THINGS, PROVISIONS THAT CONVICTED
PERSONS SHALL BE IN THE CUSTODY OF THE DEPARTMENT
OF CORRECTIONS, THAT THE DIRECTOR OF THE
DEPARTMENT OF CORRECTIONS SHALL DESIGNATE THE
PLACE OF CONFINEMENT, PRISONER PAID EMPLOYMENT,
AND LITTER REMOVAL, SO AS TO, AMONG OTHER THINGS,
PROVIDE THAT NOTHING IN THIS SECTION PREVENTS A
COURT FROM ORDERING A SENTENCE TO RUN
CONCURRENTLY WITH A SENTENCE BEING SERVED IN
ANOTHER STATE OR AN ACTIVE FEDERAL SENTENCE; TO
AMEND SECTION 24-3-30, AS AMENDED, RELATING TO
DESIGNATION OF PLACES OF PRISONER CONFINEMENT,
EXCEPTIONS, AND NOTIFICATION TO THE DEPARTMENT OF
CORRECTIONS OF THE CLOSING OF COUNTY PRISON
FACILITIES, SO AS TO, AMONG OTHER THINGS, PROVIDE
THAT A COUNTY OR MUNICIPALITY, THROUGH MUTUAL
AGREEMENT OR CONTRACT, MAY ARRANGE WITH
ANOTHER COUNTY OR MUNICIPALITY OR A LOCAL MULTI-JURISDICTIONAL CORRECTIONAL FACILITY FOR THE
DETENTION OF ITS PRISONERS; TO AMEND SECTION 24-3-40,
AS AMENDED, RELATING TO DISPOSITION OF WAGES OF A
PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SO
AS TO, AMONG OTHER THINGS, PROVIDE THAT, UNLESS
OTHERWISE PROVIDED BY LAW, THE EMPLOYER OF A
PRISONER AUTHORIZED TO WORK AT PAID EMPLOYMENT
IN THE COMMUNITY OR IN A PRISON INDUSTRY PROGRAM
SHALL PAY THE PRISONER'S WAGES DIRECTLY TO THE
DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-3-330, AS AMENDED, RELATING TO PURCHASE BY THE STATE
AND THE STATE'S POLITICAL SUBDIVISIONS OF PRODUCTS
PRODUCED BY CONVICT LABOR, SO AS TO, AMONG OTHER
THINGS, PROVIDE THAT THE MATERIALS MANAGEMENT
OFFICE OF THE DIVISION OF GENERAL SERVICES SHALL
MONITOR THE COOPERATION OF STATE OFFICES,
DEPARTMENTS, INSTITUTIONS, AND AGENCIES IN THE
PROCUREMENT OF GOODS, PRODUCTS, AND SERVICES
FROM THE DIVISION OF PRISON INDUSTRIES OF THE
DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-3-360, AS AMENDED, RELATING TO THE ANNUAL
PREPARATION OF CATALOGUES DESCRIBING ARTICLES
PRODUCED BY CONVICT LABOR, SO AS TO PROVIDE THAT
NOTHING IN CHAPTER 3 OF TITLE 24 PROHIBITS A STATE
OFFICE, DEPARTMENT, INSTITUTION, OR AGENCY OR THE
POLITICAL SUBDIVISIONS OF THE STATE FROM
CONTACTING AND REQUESTING THE DEPARTMENT OF
CORRECTIONS TO MANUFACTURE OR PRODUCE ARTICLES
OR PRODUCTS SIMILAR, BUT NOT IDENTICAL, TO ARTICLES
OR PRODUCTS LISTED IN THE CATALOGUE; TO AMEND
SECTION 24-3-410, AS AMENDED, RELATING TO THE
PROHIBITION AGAINST THE SALE OF PRISON-MADE
PRODUCTS ON THE OPEN MARKET AND PENALTIES, SO AS
TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO
NOT APPLY TO ARTICLES OR PRODUCTS PRODUCED AS THE
RESULT OF A CONTRACT ENTERED INTO PURSUANT TO
SECTION 24-3-430; TO AMEND THE 1976 CODE BY ADDING
SECTION 24-3-430 SO AS TO PROVIDE THAT THE DIRECTOR
OF THE DEPARTMENT OF CORRECTIONS MAY ESTABLISH
A PROGRAM INVOLVING THE USE OF INMATE LABOR IN
PRIVATE INDUSTRY FOR THE MANUFACTURING AND
PROCESSING OF GOODS, WARES, OR MERCHANDISE OR THE
PROVISION OF SERVICES OR ANOTHER BUSINESS OR
COMMERCIAL ENTERPRISE CONSIDERED BY THE DIRECTOR
TO ENHANCE THE GENERAL WELFARE OF THE STATE, AND,
PROVIDE FURTHER, AMONG OTHER THINGS, THAT THE
DIRECTOR MAY ENTER INTO CONTRACTS NECESSARY TO
IMPLEMENT THIS PROGRAM; TO AMEND SECTION 41-27-260,
RELATING TO THE TYPES OF LABOR WHICH THE TERM
"EMPLOYMENT" AS USED IN CHAPTERS 27
THROUGH 41 OF TITLE 41 DOES NOT INCLUDE, SO AS TO
ADD TO THE LIST OF EXEMPTIONS SERVICE PERFORMED
BY AN INMATE WHO PARTICIPATES IN A PROJECT
DESIGNATED BY THE DIRECTOR OF THE BUREAU OF
JUSTICE ASSISTANCE PURSUANT TO PUBLIC LAW 90-351; TO
AMEND SECTION 11-35-710, AS AMENDED, RELATING TO
THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT
CODE, PROCUREMENT ORGANIZATION, AND EXEMPTIONS,
SO AS TO, AMONG OTHER THINGS, PROVIDE AN
EXEMPTION FOR THE PURCHASE OF GOODS, PRODUCTS,
AND SERVICES BY STATE OFFICES, DEPARTMENTS,
INSTITUTIONS, AGENCIES, BOARDS, AND COMMISSIONS OR
THE POLITICAL SUBDIVISIONS OF THE STATE FROM THE
DIVISION OF PRISON INDUSTRIES OF THE DEPARTMENT OF
CORRECTIONS; AND TO REQUIRE A REPORT ON CERTAIN
MATTERS FROM THE DEPARTMENT OF CORRECTIONS TO
THE GENERAL ASSEMBLY BY THE FIRST DAY OF THE 1995
LEGISLATIVE SESSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is known and may be cited as the
"Criminal Justice Refinement and Planning Act of 1994".
SECTION 2. Title 24 of the 1976 Code is amended by adding:
"CHAPTER 27
Community Corrections Incentive Act
Section 24-27-10. (A) A need exists for careful planning to
expand local detention and correctional facilities and thereby to enable
local governments adequately to incarcerate offenders who are
awaiting trial or serving sentences of imprisonment at the local level.
At the same time, South Carolina faces a critical need for more prison
space to accommodate the projected increase in the inmate population.
At a time when the state's prisons are becoming increasingly
overcrowded, budgetary resources are becoming more limited and the
future availability of capital improvement bonds for more prison
construction is uncertain.
(B) To ensure that adequate space is available in state correctional
facilities for violent and habitual offenders, a need exists for additional
community correctional facilities to enable courts to sentence less
dangerous offenders to these more economical community correctional
facilities and thus enable the offenders to make restitution payments
and otherwise to compensate the community for their crimes and,
where indicated, to require participation in programs emphasizing
substance abuse, education, and mental health counseling.
(C) The need exists for South Carolina to create a plan from which
the State can establish a partnership with local governments to meet
the corrections and incarceration needs of local governments and the
State by offering less costly facilities for housing suitable state and
local inmates and for accommodating alternative sentencing programs.
Section 24-27-20. (A) The Department of Corrections and a
county, a municipality, another local governmental entity, or a multi-jurisdictional entity may enter into contracts for the incarceration of
state, county, or municipal jail inmates and all services necessary,
appropriate, or incidental to the housing and care of the inmates.
(B) The Department of Corrections, with the approval of the
governing body of the local or multi-jurisdictional entity provided in
subsection (A), may construct community correctional facilities for
accommodating alternative sentencing programs and for assigning
suitable state and local inmates within a municipality, county, or
multi-jurisdictional area if the General Assembly appropriates the
necessary funds.
Section 24-27-30. Before construction of a community correctional
facility pursuant to Section 24-27-20, tracts of land suitable for the
construction of community correctional facilities must be provided by
the county, municipality, or other local governmental or multi-jurisdictional entity involved. The title of the lands provided must be
conveyed to the State of South Carolina. Upon the acquisition of the
land in the name of the State, the Budget and Control Board is
authorized to convey the land to the Department of Corrections for the
erection and construction of the facilities. The original construction
costs and necessary equipment costs for the facilities must be paid by
the State. These facilities must be constructed to the extent possible
by utilizing inmate labor as determined appropriate by the Director of
the Department of Corrections. Legal title to the facilities must be
transferred to the State of South Carolina, as set forth in this chapter,
and the facilities are the property of the Department of Corrections.
Section 24-27-40. The construction of community correctional
facilities, as authorized pursuant to this chapter, provides the
Department of Corrections and courts with a less costly alternative in
order to avoid committing selected offenders to more secure state
correctional institutions and assists in the supervision and rehabilitation
of drug and alcohol and other less dangerous offenders, who can be
incarcerated safely in community correctional facilities. The facilities
may be used for furthering the reintegration of offenders into the
community before their release. Facilities established pursuant to this
chapter must also be available as a means of providing sentencing
alternatives for persons committed to incarceration in a state
correctional facility. However, upon the approval of the Director of
the Department of Corrections, the facilities may be made available for
persons who otherwise would be sentenced to incarceration in a jail of
the county, municipality, or other local governmental or multi-jurisdictional entity involved, if the inmates do not displace state
inmates from participating in the programs.
Section 24-27-50. Community correctional facilities constructed
pursuant to this chapter may include:
(1) work camps or other minimum security facilities to house
offenders who are assigned under Section 24-13-660 or 24-13-910;
(2) minimum security or nonsecure facilities to house former
probationers who have violated the terms or conditions of their
probation;
(3) minimum security or nonsecure residential drug treatment
facilities to house less dangerous drug offenders who are required to
be incarcerated while receiving outpatient substance abuse treatment
and/or working or attending school;
(4) minimum security or nonsecure facilities to house persons
placed on community control who are required to be incarcerated
while working to make restitution.
Section 24-27-60. The Department of Corrections and the
Department of Probation, Pardon and Parole jointly shall develop and
implement criteria to assist the courts in identifying offenders who
would be suitable candidates for commitment and referral to a
community correctional facility. The Department of Corrections shall
also use objective classification criteria in determining which state
inmates to assign to a community correctional facility.
Section 24-27-70. Before the construction of a community
correctional facility, the Department of Corrections shall establish a
contract with the involved municipality, county, other local
governmental entity, or multi-jurisdictional entity by which the
involved local governing body agrees to:
(1) operate and manage the community correctional facility in
accordance with the Minimum Standards for Local Detention Facilities
in South Carolina;
(2) provide for the treatment, care, maintenance, employment, and
rehabilitation of inmates in the community correctional facility. The
municipality, county, other local governmental entity, or multi-jurisdictional entity must be reimbursed for the cost of caring for each
state inmate as provided by contract. The contract also must:
(a) allow the governing body of the municipality, county, other
local governmental entity, or multi-jurisdictional entity to rescind the
contract by notification of its intention to rescind the contract at the
beginning of the fiscal year. The rescission is effective beginning the
following fiscal year;
(b) provide that upon rescission, the operation and management
of a facility constructed pursuant to this chapter and the care of the
state inmates located at that facility revert to the Department of
Corrections;
(c) provide that all inmates under the jurisdiction of the
municipality, county, other local governmental entity, or multi-jurisdictional entity who are incarcerated at that facility must be
returned to the custody of their respective governmental entities.
Section 24-27-80. The Department of Corrections shall contact all
counties, municipalities, and other appropriate local governmental
entities and multi-jurisdictional entities to determine the degree of
interest in establishing a partnership for the construction, operation,
and utilization of community correctional facilities. No later than
November 1, 1994, the department shall report its findings to the
Budget and Control Board. The department shall update the survey
annually and shall report its results to the board no later than
November first of each year thereafter. The department may not
obligate the State to any construction, equipment, or operational costs
for community correctional facilities unless the funds are identified
and available.
Section 24-27-90. This chapter does not preempt application of
relevant zoning laws or regulations.
Section 24-27-100. Legal custody of state inmates assigned to a
community correctional facility shall be in accordance with Section
24-3-30."
SECTION 3. The 1976 Code is amended by adding:
"Section 24-3-25. (A) The governing bodies of counties
and/or municipalities may join in establishing local multi-jurisdictional
correctional or detention facilities for the confinement of persons
awaiting trial or sentence on criminal charges, convicted and sentenced
on criminal charges, or not otherwise eligible for confinement in state
or other facilities. For this purpose, the governing bodies may:
(1) acquire, hold, construct, finance, improve, maintain, operate,
own, or lease, in the capacity of lessor or lessee, a local multi-jurisdictional correctional or detention facility for the purpose of
incarcerating their own inmates, inmates of other counties or
municipalities, or inmates from the Department of Corrections;
(2) form cooperative agreements for the management,
supervision, and control of a local multi-jurisdictional correctional or
detention facility, its property, assets, funds, employees, and prisoners,
and other resources and liabilities as appropriate.
(B) Every sentenced person committed to a local multi-jurisdictional correctional facility constructed or operated pursuant to
this section, unless disqualified by sickness or otherwise, must be kept
at some useful employment suited to his age and capacity and which
may tend to promote the best interests of the citizens of this
State."
SECTION 4. Section 24-9-20 of the 1976 Code, as last amended
by Section 434 of Act 181 of 1993, is further amended to read:
"Section 24-9-20. The division shall be responsible for
inspecting, in conjunction with a representative of the State Fire
Marshal, at least annually every facility in this State housing prisoners
or pretrial detainees operated by a state agency, county, municipality,
or any other political subdivision, and such inspections shall include
all phases of operation, and fire safety, and health
and sanitation conditions at of the respective facilities.
Food service operations of the facilities must be inspected at least
annually by an employee of the Department of Health and
Environmental Control. The inspection inspections of
local confinement facilities shall be based on standards established
by the South Carolina Association of Counties and adopted by the
Department of Corrections, and appropriate fire and health
codes and regulations. The division, and the
inspecting fire marshal, and the food service inspector of the
Department of Health and Environmental Control shall each
prepare a written report on the conditions of the inspected facility.
Copies of the reports shall be filed with the governing body of the
political subdivision having jurisdiction of the facility inspected,
the governing body of each political subdivision involved in a
multi-jurisdictional facility, the State Fire Marshal with
respect to the fire safety inspection, the Department of Health and
Environmental Control with respect to the food service inspection,
the governing body of the county, and the county legislative
delegation in which such facility is located. All reports shall be filed
through the Director of the Department of Corrections."
SECTION 5. Section 24-9-30 of the 1976 Code, as last amended
by Section 435 of Act 181 of 1993, is further amended to read:
"Section 24-9-30. (a) If an inspection under this chapter
discloses that a local confinement facility does not meet the minimum
standards established by the South Carolina Association of Counties
and adopted by the Department of Corrections, and the appropriate fire
and health codes and regulations, the Director of the South
Carolina Department of Corrections shall notify the governing body
of the governmental unit political subdivision
responsible for the local confinement facility. A copy of the written
report reports of the inspection
inspections required by this chapter shall also be sent to the
resident or presiding judge of the judicial circuit in which the facility
is located. The governing body shall promptly meet to consider the
inspection report reports, and the inspection personnel
shall appear, if requested, to advise and consult concerning
appropriate corrective action. The governing body shall initiate
appropriate corrective action within ninety days or may voluntarily
close the local confinement facility or objectionable portion thereof.
(b) If the governing body fails to initiate corrective action within
ninety days after receipt of the report reports of
the inspection inspections, or fails to correct
the disclosed conditions, the Director of the South Carolina
Department of Corrections may order that the local confinement
facility, or objectionable portion thereof, be closed at such time as the
order may designate. However, if the director determines that the
public interest is served by permitting the facility to remain open, he
may stipulate actions to avoid or delay closing the facility. The
governing body and the resident or presiding judge of the judicial
circuit shall be notified by registered mail of the director's order
closing a local confinement facility.
(c) The governing body shall have the right to appeal the
director's order to the resident or presiding judge of the circuit in
which the facility is located. Notice of the intention to appeal shall be
given by registered mail to the Director of the South Carolina
Department of Corrections and to the resident or presiding judge
within fifteen days after receipt of the director's order. The right of
appeal shall be deemed waived if notice is not given as herein
provided.
(d) The appeal shall be heard before the resident or presiding
judge of the circuit who shall give reasonable notice of the date,
time, and place of the hearing to the Director of the South
Carolina Department of Corrections and the governing body
concerned. The hearing shall be conducted without a jury in
accordance with the rules and procedures of the Circuit Court. The
Department of Corrections, the governing body concerned,
and other responsible local officials, and fire and health
inspection personnel shall have a right to be present at the hearing
and present evidence which the court deems appropriate to determine
whether the local confinement facility met the required minimum
standards and appropriate fire and health codes and
regulations on the date of the last inspection. The court may
affirm, reverse, or modify the director's order."
SECTION 6. Chapter 13, Title 24 of the 1976 Code is amended
by adding:
"Article 17
The Center for Alcohol
and Drug Rehabilitation
Section 24-13-1710. There is established one or more Centers for
Alcohol and Drug Rehabilitation under the jurisdiction of the
Department of Corrections to treat and rehabilitate offenders who have
alcohol or drug abuse histories. The Department of Alcohol and Other
Drug Abuse Services has primary responsibility for the addictions
treatment of the offenders, and the Department of Corrections has
primary responsibility for the maintenance and security of the
offenders. The Department of Corrections may construct one or more
centers upon the necessary appropriation of funds by the General
Assembly. The centers established and constructed as authorized by
this section shall provide bedspace as required to accommodate the
numbers of offenders to be treated. No later than the first day of
January each year, the Department of Corrections shall report to the
General Assembly on the status of this bedspace.
Section 24-13-1720. The Department of Alcohol and Other Drug
Abuse Services shall establish a program to provide alcohol and drug
abuse intervention, prevention, and treatment services for offenders
sentenced to a Center for Alcohol and Drug Rehabilitation established
pursuant to Section 24-13-1710. The Department of Alcohol and
Other Drug Abuse Services shall provide staff and support necessary
to administer the program. Resources for this program must come
from such funds as are appropriated annually by the General
Assembly, and supplemental funding from other sources may be
sought to enhance or expand the program.
Section 24-13-1730. A court may suspend a sentence for a
defendant convicted of a drug or alcohol offense for which
imprisonment of more than ninety days is imposed or as a revocation
of probation and may place the offender in a Center for Alcohol and
Drug Rehabilitation. The Department of Corrections, on the first day
of each month, shall present to the general sessions court a report
detailing the availability of bed space in the Center for Alcohol and
Drug Rehabilitation.
Section 24-13-1740. For the Department of Corrections to
establish and maintain a Center for Alcohol and Drug Rehabilitation,
its director shall coordinate with the Department of Alcohol and Other
Drug Abuse Services to:
(1) develop policies and procedures for the operation of the
Center for Alcohol and Drug Rehabilitation;
(2) fund other management options advantageous to the State
including, but not limited to, contracting with public or nonpublic
entities for the management of a Center for Alcohol and Drug
Rehabilitation;
(3) obtain services not readily available from the Department of
Corrections or the Department of Alcohol and Other Drug Abuse
Services;
(4) lease buildings;
(5) develop standards for alcohol and drug abuse counseling for
offenders sentenced to a Center for Alcohol and Drug Rehabilitation;
(6) develop standards for disciplinary rules to be imposed on
residents of a Center for Alcohol and Drug Rehabilitation.
Section 24-13-1750. If an offender does not have paid
employment, he shall perform public service work as arranged by the
Department of Corrections after an evaluation of his health and his
program schedule.
Section 24-13-1760. Upon release from a Center for Alcohol and
Drug Rehabilitation, an offender who is sentenced to the program
must be placed on probation for a term as ordered by the court.
Failure to comply with program requirements may result in a request
to the court to revoke the suspended sentence. No person is ineligible
for this program by reason of gender.
Section 24-13-1770. The Department of Corrections and the
Department of Alcohol and Other Drug Abuse Services jointly shall
develop guidelines and criteria to be used by the courts of this State
in determining who is eligible and appropriate for sentencing to the
Center for Alcohol and Drug Rehabilitation. Furthermore, the
Department of Corrections and the Department of Alcohol and Other
Drug Abuse Services jointly shall develop guidelines and criteria to be
used in selecting offenders from the general prison population who are
suitable for placement in the Center for Alcohol and Drug
Rehabilitation alongside those sentenced directly by the court."
SECTION 7. The 1976 Code is amended by adding:
"Section 22-5-580. (A) A statewide pretrial classification
program is established to bring about an improvement of magistrates'
collections and consideration of information concerning release of
persons placed in jail pending disposition of criminal charges. The
program must allow magistrates to make more fully informed bail-setting decisions so that those persons who present low risks of
absconding while under appearance recognizance or an appearance
bond may be released and so that those persons who present
unacceptably high risks of absconding or committing crime will
continue to be held in custody.
(B) The Department of Probation, Pardon and Parole shall
promulgate regulations in accordance with the Administrative
Procedures Act to be used by magistrates in improving the collections
and the consideration of information on persons requesting release on
appearance recognizance or appearance bonds. The regulations
developed by the Department of Probation, Pardon and Parol must
include the establishment of a `point-total' system for pretrial
screening of appropriate defendants. This system must establish an
amount or range of the recognizance entered into based on the nature
of the offense charged, the danger the accused presents to himself and
others, the likelihood the accused will flee to avoid trial, and other
applicable factors. The regulations also must provide guidance for the
collection and verification of relevant information on the person under
consideration for the release."
SECTION 8. Title 24 of the 1976 Code is amended by adding:
"CHAPTER 29
South Carolina Sentencing and Corrections
Policy Commission
Section 24-29-10. (A) There is established the South Carolina
Sentencing and Corrections Policy Commission composed of the
following voting members:
(1) three representatives appointed by the Governor based on
involvement in one or more citizens' organizations concerned with
criminal justice or corrections policies, or both;
(2) an attorney experienced in the practice of criminal law,
appointed by the Governor from a list of candidates submitted by the
president of the South Carolina Bar;
(3) a justice of the Supreme Court, appointed by the Chief
Justice of the Supreme Court;
(4) a circuit court judge, appointed by the Chief Justice of the
Supreme Court;
(5) the President of the Summary Court Judges' Association, or
his designee, who must be a summary court judge;
(6) the chairmen of the Senate Judiciary, the Senate Corrections
and Penology, the Senate Finance, the House Judiciary, the House
Medical, Military, Public and Municipal Affairs, and the House Ways
and Means Committees, or their respective designees, one at-large
member to be appointed by the Speaker of the House, and one at-large
member to be appointed by the President of the Senate; (7) the
South Carolina Attorney General, or his designee;
(8) the Director of the South Carolina Department of
Corrections, or his designee, who must be an employee of the
Department of Corrections;
(9) the Chief of the State Law Enforcement Division, or his
designee;
(10) the Chairman of the Commission on Indigent Defense, or his
designee, who must be a member of that commission or who must be
the director of the commission;
(11) the Chairman of the Board of Parole and Pardon Services,
or his designee;
(12) the Director of the Department of Probation, Parole and
Pardon Services, or his designee, who must be an employee of that
department;
(13) a representative appointed by the Governor from the South
Carolina Crime Victim's Advisory Board who has at least four years'
administrative experience in a court-related Victim's Assistance Fund
or, if no one meeting this qualification exists, another member of the
South Carolina Crime Victim's Advisory Board appointed by the
Governor;
(14) the Chairman of the Commission for Prosecution
Coordination, or his designee, who must be a solicitor;
(15) the President of the South Carolina Public Defenders'
Association, or his designee;
(16) a sheriff or other representative appointed by the South
Carolina Sheriffs' Association;
(17) a representative who is a chief law enforcement officer of
a municipality, appointed by the South Carolina Police Chiefs'
Association;
(18) a representative of county government, appointed by the
South Carolina Association of Counties;
(19) a representative of municipal government, appointed by the
South Carolina Municipal Association;
(20) a director of a local detention facility, appointed by the
South Carolina Jail Administrators' Association;
(21) the Director of the Jail and Prison Inspection Division of the
Department of Corrections;
(22) the Director of the Department of Public Safety, or his
designee;
(23) the Director of the Department of Alcohol and Other Drug
Abuse Services, or his designee;
(24) the Director of the Department of Mental Health, or his
designee.
(B) The appointed members of the commission shall serve terms
of four years. The members of the commission who are designated
to serve by a particular person or official shall serve at the pleasure of
that person or official making the designation and only so long as the
designated member holds the official position entitling him to
membership on the commission. Members are eligible for
reappointment, and a vacancy must be filled in the manner of original
appointment for the remainder of the unexpired term. The members
of the commission shall elect one member to serve as chairman for a
term of one year and additional officers they consider necessary for
the efficient discharge of their duties. Members are eligible for
reelection as officers of the commission.
(C) No later than March 15, 1995, all initial appointments to the
commission must be submitted in writing to the Lieutenant Governor
of the State. The Lieutenant Governor shall convene the first meeting
of the commission no later than April 15, 1995, for the purpose of
establishing such temporary committees as may be required and
commencing the process of determining duties and preparing job
descriptions for commission staff so that positions can be filled as
soon as the fiscal year 1995-96 state budget is approved. The
Lieutenant Governor shall provide staff, logistical, and administrative
support for the commission from the resources of his office during its
organizational phase through June 30, 1995. The Lieutenant Governor
shall serve as chairman ex officio without vote through June 30, 1995,
and shall convene the commission, whenever appropriate, to further its
organization and stability during that time. The Lieutenant Governor's
ex officio status and responsibilities shall cease after June 30, 1995,
or upon the availability of appropriated funds for the commission,
whichever date is later. At that time the commission shall elect its
chairman and other officers for its first year of operation. The official
terms of all initial appointments to the commission shall be through
June 30, 1999.
Section 24-29-20. The South Carolina Sentencing and Corrections
Policy Commission has the following duties and responsibilities:
(1) prescribe advisory sentencing guidelines for the general
sessions court on all offenses for which a term of imprisonment of
more than one year is allowed.
(a) The guidelines must establish:
(i) the circumstances under which imprisonment of an
offender is proper;
(ii) a range of fixed sentences to give offenders for whom
imprisonment is proper, based on each appropriate combination of
offenses, facts, and known circumstances and offender characteristics;
(iii) a determination whether multiple sentences to terms of
imprisonment should be ordered to run concurrently or consecutively.
(b) In establishing the advisory sentencing guidelines, the
commission shall take into consideration current sentence and release
practices and correctional resources including, but not limited to, the
capacities of local and state correctional facilities.
(2) establish appropriate advisory sentencing guidelines for the
general sessions courts on all offenses for which a term of
imprisonment of one year or less is allowed;
(3) establish appropriate advisory sentencing guidelines which may
be applied to offenders for whom traditional imprisonment is not
considered proper. Advisory sentencing guidelines promulgated by the
commission which apply to offenders for whom traditional
imprisonment is not considered proper must make specific reference
to noninstitutional sanctions;
(4) develop and recommend policies for preventing prison and jail
overcrowding;
(5) examine the impact of statutory provisions and current
administrative policies and practices on prison and jail overcrowding;
(6) before January sixteenth each year, prepare and submit to the
Governor, the General Assembly, and the Chief Justice of the Supreme
Court a comprehensive state criminal justice ten-year, five-year, and
one-year plan for eliminating and preventing prison and jail
overcrowding. This plan must include, but is not limited to, the
number of persons currently in traditional detention or custody who
could be appropriately involved in pretrial and postsentencing options
predominantly provided through community-based agencies which
minimize the number of persons requiring incarceration consistent with
protection of public safety, including mediation, restitution,
supervisory release, community service plans, and the impact on
prison populations, local communities, and court caseloads. The
commission shall take into account state plans in the related areas of
mental health and drug and alcohol abuse in the development of the
plan.
(7) research and gather relevant statistical data and other
information concerning the impact of efforts to prevent prison and jail
overcrowding and make the information available to criminal justice
agencies and members of the General Assembly;
(8) serve as a clearing house and information center for the
collection, preparation, analysis, and dissemination of information on
state and local sentencing practices and conduct ongoing research
regarding sentencing guidelines, use of imprisonment and alternatives
to imprisonment, plea bargaining, and other matters relating to the
improvement of the criminal justice system;
(9) make recommendations to the General Assembly regarding
changes in the criminal code, criminal procedures, and other aspects
of sentencing.
Section 24-29-30. The commission may employ a staff director
and other professional and clerical personnel upon the appropriation
of sufficient funds by the General Assembly. The duties of the staff
director and the other personnel of the commission must be set by the
commission.
Section 24-29-40. The commission shall receive funding provided
by the General Assembly and is encouraged to apply for and may
expend federal funds and grants and gifts it receives from other
sources to carry out its duties and responsibilities.
Section 24-27-50. The commission, by vote of a majority of the
membership, may establish general policies. The advisory sentencing
guidelines prescribed and promulgated pursuant to Section 24-29-20
must be approved by joint resolution of the General Assembly before
taking effect.
Section 24-29-60. The commission shall recommend to the
General Assembly a classification system based on maximum terms of
imprisonment for all South Carolina criminal offenses. Thereafter, the
commission shall make, from time to time, recommendations to the
General Assembly regarding changes in the classification
system."
SECTION 9. Section 24-3-20(a) of the 1976 Code, as last
amended by Section 391 of Act 181 of 1993, is further amended to
read:
"(a) Notwithstanding the provisions of Section 24-3-10,
any a person convicted of an offense against the State
of South Carolina and committed to the State Penitentiary at
Columbia shall a state correctional facility must be in the
custody of the South Carolina Department of Corrections
of the State of South Carolina, and the director shall designate
the place of confinement where the sentence shall
must be served. Nothing in this section prevents a court
from ordering a sentence to run concurrently with a sentence being
served in another state or an active federal sentence. The director
may designate as a place of confinement any available, suitable, and
appropriate institution or facility, including a county, municipal,
or multi-jurisdictional jail or prison camp, whether maintained by
the State department of Corrections or otherwise.
Provided, that If the facility is not maintained by the
department, the consent of the sheriff of the county wherein
where the facility is located must first be obtained."
SECTION 10. Section 24-3-30 of the 1976 Code, as last amended
by Section 392 of Act 181 of 1993, is further amended to read:
"Section 24-3-30. Notwithstanding the provisions of Section
24-3-10 of the 1976 Code, or any other provision of law,
any a person convicted of an offense against the State
shall must be in the custody of the Department of
Corrections of the State, and the department shall designate the place
of confinement where the sentence shall must be
served. The department may designate as a place of confinement
any an available, a suitable, and
an appropriate institution or facility,
including, but not limited to, a county, municipal,
or multi-jurisdictional jail or work camp whether maintained by
the State Department of Corrections or
otherwise,. but However, the consent
of the officials in charge of the county local
institutions so designated shall must be first
obtained first. Provided, that If imprisonment for three
months or less is ordered by the court as the punishment, all persons
so convicted shall must be placed in the custody,
supervision, and control of the appropriate officials of the
county wherein in which the sentence was pronounced,
if such the county has facilities suitable for
confinement. Provided, further, that A county or
municipality, through mutual agreement or contract, may arrange with
another county or municipality or a local multi-jurisdictional
correctional facility for the detention of its prisoners. The
Department of Corrections shall must be notified by
the county officials concerned not less than six months prior to
before the closing of any a county prison
facility which would result in the transfer of the state
prisoners of at the county facility to facilities of the
department.
Each county administrator, or the equivalent, having charge of
county a local prison facilities facility,
may, upon the department's designating the county
facilities local facility as the place of confinement of a
prisoner, may use the prisoner assigned thereto for the
purpose of working the roads of the county or other public work.
Any A prisoner so assigned to the county a
local facility shall must be under the custody and
control of the administrator or the equivalent during the period to be
specified by the director at the time of the prisoner's assignment, but
the assignment shall must be terminated at any time
the director determines that the place of confinement is unsuitable or
inappropriate, or that the prisoner is employed on other than public
works. If, upon termination of the assignment, the prisoner is not
returned, habeas corpus will lie lies."
SECTION 11. Section 24-3-40 of the 1976 Code, as last amended
by Section 393 of Act 181 of 1993, is further amended to read:
"Section 24-3-40. Unless otherwise provided by law,
the employer of a prisoner authorized to work at paid employment in
the community under Sections 24-3-20 to 24-3-50 or in a prison
industry program provided under Article 3 of this chapter shall
pay the prisoner's wages directly to the Department of Corrections.
The Director of the Department of Corrections shall withhold five
percent of the gross wages and promptly place these funds on deposit
with the State Treasurer for credit to a special account to support
victim assistance programs established pursuant to the `Victims of
Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section
1404'. The director is further authorized to may
withhold from the wages such costs incident to the prisoner's
confinement as the Department of Corrections considers appropriate
and reasonable. These withholdings must be deposited to the
maintenance account of the Department of Corrections. The balance
of the wages may, in the discretion of the director, and
in such proportions determined by the director, may
be disbursed to the prisoner, the prisoner's dependents, to
and the victim of the crime, or deposited to the credit
of the prisoner."
SECTION 12. Section 24-3-330 of the 1976 Code, as last amended
by Section 411 of Act 181 of 1993, is further amended to read:
"Section 24-3-330. (A) All offices, departments,
institutions, and agencies of this State which are
supported in whole or in part by this State shall purchase, and all
political subdivisions of this State may purchase, from the State
Department of Corrections, articles or products made or produced by
convict inmate labor in this State or any other
another state, as provided for by this article, and
no such article or product shall. These articles and products
must not be purchased by any such an office,
a department, an institution, or an
agency from any other another source, unless excepted
from the provisions of this section, as hereinafter provided
by law. All purchases shall must be made
from the Department of Corrections, upon requisition by the proper
authority of the office, department, institution, agency, or
political subdivision of this State requiring such the
articles or products.
(B) The Materials Management Office of the Division of
General Services shall monitor the cooperation of state offices,
departments, institutions, and agencies in the procurement of goods,
products, and services from the Division of Prison Industries of the
Department of Corrections."
SECTION 13. Section 24-3-360 of the 1976 Code, as last amended
by Section 413 of Act 181 of 1993, is further amended to read:
"Section 24-3-360. The State Department of Corrections
shall cause to be prepared, annually, at such times as
it may determine, catalogues containing the description of all articles
and products manufactured or produced under its supervision pursuant
to the provisions of this article,. Copies of
which this catalogue shall must be sent
by it to all offices, departments, institutions, and agencies of
this State and made accessible to all political subdivisions of this State
referred to in Sections 24-3-310 to 24-3-330. At least thirty days
before the commencement beginning of each fiscal
year, the proper official of each such office, department,
institution, or agency, when required by the State
Department of Corrections, shall report to the State department
of Corrections estimates for such that fiscal
year of the kind and amount of articles and products reasonably
required for such the ensuing year, referring in
such the estimates to the catalogue issued by the
State department of Corrections in so far
insofar as articles and products indicated are included in this
catalogue. However, nothing in this chapter prohibits a state
office, department, institution, or agency or the political subdivisions
of this State from contacting and requesting the Department of
Corrections to manufacture or produce articles or products similar, but
not identical, to articles or products listed in the catalogue."
SECTION 14. Section 24-3-410 of the 1976 Code, as last amended
by an act of 1994 bearing ratification number 406, is further amended
to read:
"Section 24-3-410. (A) It is unlawful to sell or offer for
sale on the open market of this State articles or products manufactured
or produced wholly or in part by inmates in this or another state.
(B) The provisions of this section do not apply to:
(1) articles manufactured or produced by persons on parole or
probation;
(2) the production of cattle, hogs, cotton, Turkish tobacco,
soybeans, and wheat;
(3) products sold by the Department of Corrections made by
inmates in the hobbycraft program;
(4) articles or products sold to nonprofit corporations
incorporated under the provisions of Article 1, Chapter 31 of Title 33,
or to organizations operating in this State which have been granted an
exemption under Section 501(c) of the Internal Revenue Code of
1986;
(5) road and street designation signs sold to private developers;
(6) articles or products made in an adult work activity center
established by the Department of Corrections through contracts with
private sector businesses which provide work and vocational training
opportunities for the physically handicapped, mentally retarded, or
aged inmates where the compensation is paid by the private sector
business to the inmate on a piece completed basis;
(7) products sold intrastate or interstate produced by inmates
of the Department of Corrections employed in a federally certified
private sector/prison industries program if the inmate workers
participate voluntarily, receive comparable wages, and the work does
not displace employed workers. For purposes of this item, `products'
does not include goods and Standard Industrial Classification Code 27.
The Department of Labor, Licensing, and Regulation shall develop
guidelines to determine if the work displaces employed
workers.;
(8) articles or products produced as the result of a contract
entered into pursuant to Section 24-3-430.
(C) A person violating the provisions of this section is guilty of a
misdemeanor and, upon conviction, must be fined not less than two
hundred nor more than five thousand dollars or imprisoned for
not less than three months nor more than one year, or both. Each sale
or offer for sale is a separate offense under this section. Proceeds of
the sale of agricultural products, when produced by an instrumentality
under control of the State Department of Corrections, must be
applied as provided in Section 24-1-250."
SECTION 15. The 1976 Code is amended by adding:
"Section 24-3-430. (A) The Director of the Department of
Corrections may establish a program involving the use of inmate labor
in private industry for the manufacturing and processing of goods,
wares, or merchandise or the provision of services or another business
or commercial enterprise considered by the director to enhance the
general welfare of South Carolina.
(B) The director may enter into contracts necessary to implement
this program. The contractual agreements may include rental or lease
agreements for state buildings or portions of them on the grounds of
an institution or a facility of the Department of Corrections and
provide for reasonable access to and egress from the buildings to
establish and operate a facility.
(C) An inmate may participate in the program established pursuant
to this section only on a voluntary basis and only after he has been
informed of the conditions of his employment.
(D) No inmate participating in the program may earn less than the
prevailing wage for work of similar nature in the private sector.
(E) Inmate participation in the program may not result in the
displacement of employed workers and may not impair existing
contracts for services.
(F) Nothing contained in this section restores, in whole or in part,
the civil rights of an inmate. No inmate compensated for participation
in the program is considered an employee of the State.
(G) No inmate who participates in a project designated by the
Director of the Bureau of Justice Assistance pursuant to Public Law
90-351 is eligible for unemployment compensation upon termination
from the program.
(H) The earnings of an inmate authorized to work at paid
employment pursuant to this section must be paid directly to the
Department of Corrections and applied as provided under Section 24-3-40."
SECTION 16. Section 41-27-260(10) of the 1976 Code is amended
by adding the following appropriately lettered subitem:
"( ) Service performed by an inmate who participates in a
project designated by the Director of the Bureau of Justice Assistance
pursuant to Public Law 90-351."
SECTION 17. Section 11-35-710 of the 1976 Code, as last amended
by Section 94 of Act 181 of 1993, is further amended to read:
"Section 11-35-710. The board, may upon the
recommendation of the Division of General Services, may
exempt governmental bodies from purchasing certain items through the
respective chief procurement officer's area of responsibility. The
board may exempt specific supplies or services from the purchasing
procedures herein required in this section and for just
cause may by unanimous written decision limit or withdraw any
exemptions provided for in this section. The following exemptions are
hereby granted in this chapter:
(a) the construction, maintenance, and repair of bridges,
highways, and roads; vehicle and road equipment maintenance
and repair; and any other emergency type parts or equipment
utilized by the Department of Transportation;
(b) the purchase of raw materials and supplies by the
South Carolina Department of Corrections, Division of Prison
Industries;
(c) South Carolina State Ports Authority;
(d) Division of Public Railways of the Department of Commerce;
(e) South Carolina Public Service Authority;
(f) expenditure of funds at state institutions of higher learning
derived wholly from athletic or other student contests, from the
activities of student organizations, and from the operation of
canteens and bookstores, except as such the funds are
used for the procurement of construction, architect-engineer,
construction-management, and land-surveying services;
(g) livestock, feed, and veterinary supplies;
(h) articles for commercial sale by all governmental bodies;
(i) fresh fruits, vegetables, meats, fish, milk, and eggs;
(j) South Carolina Arts Commission and South Carolina Museum
Commission for the purchase of one-of-a-kind items such as paintings,
antiques, sculpture, and similar objects. Before any
a governmental body procures any such the
objects, the head of the purchasing agency shall prepare a written
determination specifying the need for such the objects
and the benefits to the State. The South Carolina Arts Commission
shall review such the determination and forward a
recommendation to the board for approval;
(k) published books, periodicals, and technical
pamphlets.;
(l) South Carolina Research Authority.;
(m) the purchase of goods, products, and services by state
offices, departments, institutions, agencies, boards, and commissions
or the political subdivisions of this State from the South Carolina
Department of Corrections, Division of Prison Industries."
SECTION 18. No later than the first day of the 1995 Legislative
Session, the Department of Corrections shall submit to the General
Assembly a detailed and comprehensive report on:
(1) the current status of the prison industries and agricultural
programs and the litter control program and recommendations
necessary to expand meaningful work opportunities for inmates; (2) the potential market that exists for prison industries products or
services;
(3) the participation by offices, departments, institutions, or
agencies supported in whole or in part by this State or its political
subdivisions in purchasing goods and services currently provided by
prison industries and recommendations for increasing the purchasing;
(4) a listing of known products, goods, or services currently
manufactured or produced by offices, departments, institutions, or
agencies supported in whole or in part by this State or its political
subdivisions which could be evaluated for adoption into the prison
industries program;
(5) a plan to establish, transfer, and close certain prison industries
operations to adjust to actual or potential market demand for particular
products or services and maximize opportunities for gainful work for
inmates;
(6) a plan to promote, plan, and when considered advisable, assist
in the location of privately owned and operated industrial enterprises
which would utilize inmate labor on the grounds of adult correctional
institutions;
(7) the need, if any, for the creation of an advisory board to
establish and promote prison industries and services programs.
SECTION 19. This act takes effect upon approval by the Governor.
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