S 284 Session 111 (1995-1996)
S 0284 General Bill, By T.W. Mitchell and Washington
Similar(S 649)
A Bill to enact the "Criminal Justice Refinement and Planning Act of 1995"; 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 revise that the governing bodies
of counties and/or municipalities may join in establishing local
multi-jurisdictional correctional or detention facilities for the confinement
of person 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, 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; amend Section 24-9-30, 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 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, 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,
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 24-3-330, 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,
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 11-35-710, 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 1996 legislative session.
11/14/94 Senate Prefiled
11/14/94 Senate Referred to Committee on Corrections and Penology
01/10/95 Senate Introduced and read first time SJ-119
01/10/95 Senate Referred to Committee on Corrections and Penology
SJ-119
A BILL
TO ENACT THE "CRIMINAL JUSTICE REFINEMENT
AND PLANNING ACT OF 1995"; 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,
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,
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,
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, 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 24-3-330, 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, 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
11-35-710, 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 1996 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
1995".
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, 1995, 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 is 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 is 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, 1996, 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, 1996, 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, 1996.
The Lieutenant Governor shall serve as chairman ex officio without
vote through June 30, 1996, 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, 1996, 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, 2000.
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 24-29-50. 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 is 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 is 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 24-3-330 of the 1976 Code is 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 12. Section 24-3-360 of the 1976 Code is 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 17. Section 11-35-710 of the 1976 Code is 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 1996 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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