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(G) Within twenty days after the obligor is no longer employed by the payor, the payor shall return a copy of the notice to withhold to the clerk of court and shall notify the clerk of court in writing of the date the obligor's employment terminated, the date of the obligor's final paycheck, the obligor's home address, and the obligor's new employer and address, if known.

(H) Withholding of income from an obligor under this section has priority over any other legal process under state law against the same wages except an order withholding income to secure payment of support obligations as provided under Sections 20-7-1315 through 20-7-1329. Payment pursuant to a notice to withhold is a complete defense by the payor against claims of the obligor or his creditors as to the sum paid.

(I) No payor may discharge, refuse to hire, or otherwise penalize an obligor because of the duty to withhold income.

(J) The responsibility of a payor who employs an obligor to withhold income from the pay of the obligor ends when the obligor leaves the employ of the payor. If this termination of employment occurs during the middle of a pay period, the final amount required to be withheld must be reduced proportionately in the same percentage that the time worked has to the time of the full pay period.

Section 14-1-290. (A) An obligor may petition the court at any time to terminate income withholding when payments pursuant to a notice to withhold have been made for at least one year, all arrearages have been paid in full, and the court finds that the obligor has demonstrated a continuing ability to pay. For a petition brought under this section, the court may order the withdrawal of the notice to withhold and terminate the withholding procedures unless it finds good cause for denying the petition. If the termination is granted and subsequently a delinquency occurs, the clerk of court shall reinstate withholding procedures by complying with all requirements for notice and service pursuant to this section.

(B) The clerk of court shall serve on the payor by regular mail a copy of an order entered pursuant to this section or Section 14-1-270(D) that

(C) The notice to withhold continues to be binding upon the payor until service of an order of the court entered under this section or Section 14-1-270(D) or until notice is served on the payor by the clerk of court that the underlying order is for other reasons no longer in effect.

Section 14-1-300. An obligor whose income is being withheld or who has been served with a notice of delinquency shall notify the clerk of court of a new payor within seven days after his employment commences.

Section 14-1-310. A clerk of court who collects, receives, or disburses payment pursuant to a court order or a notice to withhold shall maintain complete, accurate, and clear records of all payments and their disbursements. Certified copies of payment records maintained by the clerk of court, without further proof, must be admitted into evidence in related legal proceedings.

Section 14-1-320. The Office of the Court Administration shall design suggested legal forms for proceeding pursuant to Sections 14-1-240 through 350 make these forms available to the courts, and prepare informational materials which describe the procedures and remedies for distribution to all parties in income withholding actions.

Section 14-1-330. Where a payor wilfully fails to withhold or pay over income pursuant to a notice to withhold, the court, upon notice and hearing, may enter judgment and direct the issuance of an execution against the payor for the total amount that the payor wilfully failed to withhold. A payor who wilfully refuses to hire or who discharges or otherwise penalizes an obligor as prohibited by Section 14-1-280(I), is subject to a civil fine not to exceed five hundred dollars which may be imposed by the court in its discretion. If an obligor or obligee wilfully initiates a false proceeding under this Sections 14-1-240 through 14-1-350 or wilfully fails to comply with the requirements of these sections, punishment for contempt may be imposed.

Section 14-1-340. The rights, remedies, duties, and penalties created by Section 14-1-240 through 14-1-350 are in addition to other rights, remedies, duties, and penalties otherwise provided by law.

Section 14-1-350. The Office of Court Administration may promulgate regulations necessary to implement Sections 14-1-240 through 14-1-340.

Section 14-1-360. When a delinquency occurs the obligor must be given notice pursuant to Section 14-1-260 of the proposed lien. Where no petition to stay service is timely filed or where no relief is granted to the obligor pursuant to Section 14-1-270, the arrearage may be recorded as

Section 14-1-370. Notwithstanding existing county funds allocated to the clerks of court, fines, surcharges, assessments, costs or fees owed to the State and collected by the clerks of court first must be used by the family court section of the respective offices of the clerks of court to provide adequate staff and equipment to implement and operate Sections 14-1-240 through 14-1-350.

Section 14-1-380. The remedy provided in Sections 14-1-240 through 14-1-350 is in addition to, and not in substitution for, any other remedy otherwise available to enforce a court order. Relief under these sections must not be denied, delayed, or otherwise affected because of the availability of other remedies, nor may relief under another statute be delayed or denied because of the availability of this remedy.

Section 14-1-390. The clerk of the circuit court of every county shall submit to the chief administrative judge of his circuit and to the Department of Probation and Community Supervision a report of all fines, costs, assessments, forfeitures, and penalties, including court-ordered restitution of a sum certain, imposed in his court which remain unsatisfied as of the last day of the quarter preceding the quarter in which the report is made. The quarterly report must include the social security number or driver's license number of the defendant, if known. It is the duty of the Department of Probation and Community Supervision to make inquiries into the reasons why the fines, costs, assessments, forfeitures, penalties, and restitution remain unsatisfied for those offenders who are being supervised by the department. If it appears from the inquiries that any of the amounts may be satisfied, the Department of Probation and Community Supervision shall cause, in addition to other provisions of law, proper proceedings to be instituted for the collection and satisfaction of the amounts.

Section 14-1-400. If the Director of the Department of Probation and Community Supervision is of the opinion that it would be impractical or uneconomical for it to institute proceedings as provided under Section 14-1-390, he may contract with attorneys or private collection agencies, upon terms and conditions established by guidelines promulgated by the

Section 14-1-410. (A) Whenever a defendant, convicted of a traffic infraction or a violation of a criminal law of the State, is sentenced to pay costs, assessments, fees, fines, or penalties, and he is unable to make immediate payment, the court, on motion of the defendant, may order him to pay costs, assessments, fees, fines, or penalties in installments or upon other terms and conditions within a period of time to enable him to pay the amounts due.

(B) When the court has authorized deferred payment or installment payments, the clerk shall give notice to the defendant that upon his failure to pay as ordered he may be punished pursuant to Section 14-1-420.

Section 14-1-420. (A) When a defendant sentenced to pay a fine, penalty, costs, fees, and assessments defaults in their payment or of an installment, upon the motion of the person authorized by law to collect the payment, of the solicitor, or of the court, the court shall hold a hearing to require the defendant to show good cause for his default. The standard of proof is by a preponderance of the evidence, and the burden of establishing good cause for a default is on the defendant who has defaulted.

(B) If the court finds that the defendant has defaulted without good cause, the court shall order one or more of the following:

(1) pursuant to Section 17-25-323, enter a civil judgment in favor of the State for the unpaid balance of fines, penalties, costs, fees, or assessments, if this has not been entered previously by a clerk of court;

(2) order the suspension of the driver's license or the nonresident reciprocity driving privilege of the person, prohibit the person from obtaining a driver's license or exercising reciprocity driving privileges until the person has made all past due payments, and notify the Division of Motor Vehicles of the Department of Revenue of the action taken;

(3) pursuant to Sections 14-1-240 through 14-1-350, order an employer of the defendant to withhold and pay over to the clerk of the court, out of the employment income due or to become due the defendant at each pay period, an amount ordered to be paid toward satisfaction of the debt owed the State if it is shown that the defendant has not attempted to pay when he has the ability to do so;

(5) order the debtor to pay reasonable costs and attorneys' fees, if any, associated with this enforcement action.

(C) If the person has defaulted with good cause, the court shall take appropriate action to modify or establish a reasonable schedule for payment, and for a fine, if the court finds that the circumstances that warranted the fine have changed or that it would be unjust to require payment, the court may relieve or exempt the person from payment of the unpaid portion of the fine."

C. The 1976 Code is amended by adding:

"Section 17-27-45. (A) An application for relief filed pursuant to this chapter must be filed within one year after the entry of a judgment of conviction or within one year after the sending of the remittitur to the lower court from an appeal or the filing of the final decision upon an appeal, whichever is later.

(B) When a court whose decisions are binding upon the Supreme Court of this State or the Supreme Court of this State holds that the Constitution of the United States or the Constitution of South Carolina, or both, impose upon state criminal proceedings a substantive standard not previously recognized or a right not in existence at the time of the state court trial, and if the standard or right is intended to be applied retroactively, an application under this chapter may be filed not later than one year after the date on which the standard or right was determined to exist.

(C) If the applicant contends that there is evidence of material facts not previously presented and heard that requires vacation of the conviction or sentence, the application must be filed under this chapter within one year after the date of actual discovery of the facts by the applicant or after the date when the facts could have been ascertained by the exercise of reasonable diligence."
D. 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 those persons who present low risks of absconding while under appearance recognizance or an appearance bond may be released and those persons

(B) The Department of Probation and Community Supervision shall promulgate regulations in accordance with the Administrative Procedures Act to be used by magistrates in improving the collection and consideration of information on persons requesting release on appearance recognizance or appearance bonds. The regulations developed by the Department of Probation and Community Supervision 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."

E. The 1976 Code is amended by adding:

"Section 24-3-25. (A) The governing bodies of counties or municipalities may join in establishing local regional correctional 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 regional correctional 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 regional correctional facility, its property, assets, funds, employees, and prisoners, and other resources and liabilities as appropriate.

(B) Every sentenced person committed to a local regional 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 interest of the citizens of this State."

F. 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

(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 building 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 in the State of South Carolina 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."

G. The 1976 Code is amended by adding:

"Section 24-13-80. (A) As used in this section:

(1) `Detention facility' means a municipal or county jail or state correctional facility used for the detention of persons charged with or convicted of a felony, misdemeanor, municipal offense, or violation of a court order.

(2) `Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, a municipal offense, or violation of a court order.

(3) `Medical treatment' means each visit initiated by the inmate to an institutional physician, physician's extender including a physician's assistant or a nurse practitioner, dentist, optometrist, or psychiatrist for examination or treatment.

(5) `Director' means the agency head of the Department of Corrections.

(B) The administrator or director, whichever is appropriate, may establish, by rules, criteria for a reasonable deduction from money credited to the account of an inmate to:

(1) repay the costs of:

(a) public property wilfully damaged or destroyed by the inmate during his incarceration;

(b) medical treatment for injuries inflicted by the inmate upon himself or others;

(c) searching for and apprehending the inmate when he escapes or attempts to escape. The costs must be limited to those extraordinary costs incurred as a consequence of the escape; or

(d) quelling a riot or other disturbance in which the inmate is unlawfully involved;

(2) defray the costs paid by a municipality or county for elective medical treatment for an inmate, which has been requested by him, if the deduction does not exceed five dollars for each occurrence of treatment received by the inmate at the inmate's request. If the balance in an inmate's account is five dollars or less, the fee must not be charged. This item does not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible.

(C) All sums collected for medical treatment must be reimbursed to the inmate if the inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held.

(D) The detention facility may initiate an action for collection of recovery of medical costs incurred pursuant to this section against an inmate upon his release or his estate if the inmate was executed or died while in the custody of the detention facility."

H. Chapter 13, Title 24 of the 1976 Code is amended by adding:

Section 26-13-1710. As used in this article, unless the context clearly indicates otherwise:

(1) `assets' means: property, tangible or intangible, real or personal, belonging to or due an offender, a former offender, or an offender's estate

(a) money or other tangible assets received by the offender as a result of a settlement of a claim against the State or its agencies or a claim against an employee or independent contractor arising from and in the scope of the employee's or contractor's official duties on behalf of the State or its agencies;

(b) a money judgment received by the offender from the State as a result of a civil action in which the State, its agencies or a state employee or an independent contractor where the judgment arose from a claim arising from the conduct of official duties on behalf of the State by the employee or subcontractor or for an agency of the State.

`Assets' excludes amounts required by law to be withheld, other than creditor claims including, but not limited to, federal, state, and local taxes, social security and other retirement deductions, disability contributions, and amounts exempted by federal law.

(2) `cost of care' means the cost to the Department of Corrections for providing transportation, room, board, clothing, security, medical, and other normal living expenses of offenders under the jurisdiction of the department, as determined by the Director of the Department of Corrections.

(3) `Department' means the Department of Corrections of this State.

(4) `Director' means the Director of the department.

(5) `Prisoner' means a person under the jurisdiction of the department and confined in a state correctional facility or under the continuing jurisdiction of the department.

(6) `State correctional facility' means a facility or institution which houses an offender population under the jurisdiction of the department. State correctional facility includes a correctional camp, community correctional center, or state prison.

Section 24-13-1720. The department shall develop a form which it shall use to obtain information from all prisoners regarding their assets. The form must be submitted to each person who is a prisoner as of the date the form is developed and to every person who is sentenced to imprisonment under the jurisdiction of the department after it is developed. The form may be resubmitted to a prisoner by the department to obtain current information regarding his assets. Every prisoner shall

Section 24-13-1730. The director shall forward to the Attorney General a report on each prisoner containing a completed form together with all other information available on the assets of the prisoner and an estimate of the total cost of care for that prisoner. The Attorney General may investigate or cause to be investigated all reports furnished to him. The investigation may include seeking information from any source that may have relevant information concerning a prisoner's assets. If the Attorney General upon completing the investigation has good cause to believe that a prisoner has sufficient assets, he may seek to secure reimbursement for the expense of the State for the cost of care of the prisoner.

Section 24-13-1740. The circuit court has exclusive jurisdiction over all proceedings seeking reimbursement from prisoners pursuant to this article. The Attorney General may file a complaint in the circuit court for the county from which a prisoner was sentenced or in the circuit court of the county of the office of the director of the department against a prisoner under the jurisdiction of the department or his estate stating that the person is or has been a prisoner in a state correctional facility and that there is good cause to believe the prisoner has assets and praying that the assets be used to reimburse the State for the expenses incurred or to be incurred, or both, by the State for the cost of care of the person as a prisoner.

Section 24-13-1750. Upon the filing of the complaint under this article, the court shall issue an order to show cause why the prayer of the complainant should not be granted. The complaint and order must be served upon the prisoner personally, or if the prisoner is confined in a state correctional facility, by registered mail addressed to the prisoner in care of the chief administrator of the state correctional facility where the prisoner is housed, or upon the personal representative of the prisoner's estate at least thirty days before the date of hearing on the complaint and order.

Section 24-13-1760. At the time of the hearing on the complaint and order, if it appears that the prisoner has assets which should be subjected to the claim of the State, the court shall issue an order requiring a person, a corporation, or another legal entity possessed or having custody of the assets to appropriate and apply the assets or a portion of them to reimburse the State for its expenses incurred on behalf of the prisoner or

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