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Section 24-13-1780. If the person, corporation, or other legal entity neglects or refuses to comply with an order issued pursuant to this article, the court shall order the person, corporation, or other legal entity to appear before the court at a time the court may direct and to show cause why the person, corporation, or other legal entity should not be considered in contempt of court.

Section 24-13-1790. If, in the opinion of the court, the assets of the prisoner are sufficient to pay the cost of the proceedings undertaken pursuant to this article, the prisoner or his estate is liable for those costs upon order of the court.

Section 24-13-1800. Except as otherwise provided in this article, the Attorney General may use a remedy, an interim order, or an enforcement procedure allowed by law or court rule, including an ex parte restraining order, to restrain the prisoner or another person or legal entity in possession or having custody of the estate of the prisoner from disposing of certain property in avoidance of an order issued pursuant to this article. To protect and maintain assets pending resolution of proceedings initiated pursuant to this article, the court, upon request, may appoint a receiver.

Section 24-13-1810. The Attorney General shall enforce this article. However, the Attorney General may request the prosecuting attorney of the county in which the prisoner was sentenced or the prosecuting attorney of the county in which an asset of a prisoner is located to make an investigation or assist in legal proceedings undertaken pursuant to this article. If the Attorney General is of the opinion that it is impractical or uneconomical to institute proceedings as provided under this article, he may contract with attorneys or private collection agencies to assist in the collection of amounts collectible under this chapter. The fees of private attorneys or collection agencies collectible must be paid on a contingency fee basis out of the proceeds of the amounts collected.

Section 24-13-1830. The Secretary of State, the Director of the Department of Revenue, and the Director of the Department of Social Services shall provide the Attorney General or the prosecuting attorney with all information requested pursuant to this article.

Section 24-13-1840. A county or municipal official having custody of records of the estate or real property of a prisoner shall surrender records or certified copies of them without fee to the Attorney General or prosecuting attorney who requests the records pursuant to this article.

Section 24-13-1850. The costs of investigations must be paid from the reimbursements secured pursuant to this article, and the balance of the reimbursements must be credited to the General Fund of the State.

Section 24-13-1860. The State Treasurer may determine the amount due the State for the cost of care of a prisoner and render statements of the cost. The sworn statements are prima facie evidence of the amount due."

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

Section 24-13-1910. There is established one or more Centers for Alcohol and Drug Rehabilitation under the jurisdiction of the Department of Corrections to treat and rehabilitate alcohol and drug offenders. 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 or constructed as authorized by this section shall provide at least 750 beds. The centers established under this section must be fully operational by January 1, 1997.

Section 24-13-1920. 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 24-13-1910. The Department of Alcohol and Other

Section 24-13-1930. A judge may suspend a sentence for a defendant convicted of a drug or alcohol offense for which imprisonment of more than ninety days may be 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 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 24-13-1940. 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 & 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) lease buildings;

(4) develop standards for alcohol and drug abuse counseling for offenders sentenced to a Center for Alcohol and Drug Rehabilitation;

(5) develop standards for disciplinary rules to be imposed on residents of a Center for Alcohol and Drug Rehabilitation.

Section 24-13-1950. Upon release from a Center for Alcohol and Drug Rehabilitation, the offender 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."

J. Title 24 of the 1976 Code is amended by adding:

Section 24-27-10. (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;

(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 Pardons, or his designee;

(12) the Director of the Department of Probation and Community Supervision, 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) a sheriff or other representative appointed by the South Carolina Sheriffs' Association;

(16) a representative who is a chief law enforcement officer of a municipality, appointed by the South Carolina Police Chiefs' Association;

(17) a representative of county government, appointed by the South Carolina Association of Counties;

(19) a director of a local detention facility appointed by the South Carolina Jail Administrators' Association;

(20) the Director of the Jail and Prison Inspection Division of the Department of Corrections;

(21) the Director of the Alston Wilkes Society;

(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 serve for terms of four years. The members of the commission who are designated to serve by a particular person or official serve at the pleasure of that person or official making the designation and only as 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.

Section 24-27-20. The South Carolina Sentencing and Corrections Policy Commission has the following duties and responsibilities:

(1) recommend advisory sentencing guidelines for the general sessions court for 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 for offenders for whom imprisonment is proper, based on each appropriate combination of reasonable offense and offender characteristics;

(iii) a determination whether multiple sentences to terms of imprisonment must 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;

(3) recommend appropriate advisory guidelines for offenders for whom traditional imprisonment is not considered proper. Advisory guidelines promulgated by the commission for 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 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 preventing prison and jail overcrowding. This plan must include, but is not limited to, the number of persons currently 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, and 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 24-27-30. 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 24-27-50. The commission, by vote of a majority of the membership, may establish general policies. The advisory guidelines prescribed and promulgated pursuant to Section 24-27-20 must be approved by Concurrent Resolution of the General Assembly.

Section 24-27-60. The commission shall recommend to the General Assembly a classification system based on maximum term 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."

K. Section 11-35-710 of the 1976 Code, as last amended by Section 94, 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 may withdraw any exemptions provided for in this section. The following exemptions are hereby granted in this chapter:

(a) (1) 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) (2) the purchase of raw materials and supplies by the South Carolina Department of Corrections, Division of Prison Industries;

(c) (3) South Carolina State Ports Authority;

(d)(4) Division of Public Railways of the Department of Commerce;

(e) (5) South Carolina Public Service Authority;

(f) (6) 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) (7) livestock, feed, and veterinary supplies;

(h) (8) articles for commercial sale by all governmental bodies;

(i) (9) fresh fruits, vegetables, meats, fish, milk, and eggs;

(k)(11) published books, periodicals, and technical pamphlets.;

(l)(12) South Carolina Research Authority;

(13) 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."

T. Section 17-25-70 of the 1976 Code is amended to read:

"Section 17-25-70. Notwithstanding any other another provision of law, a local governing body may authorize the sheriff or other official in charge of this a local correctional facility to require any able-bodied convicted person committed to such the facility to perform labor on in the public works or ways interest. This labor may involve public service work or related activities which conform to the provisions of Section 24-13-660. The public service work may include, but is not limited to, maintenance or repair of the drainage systems, highways, streets, bridges, grounds, and buildings and litter control and emergency relief efforts. Any A convicted person physically capable of performing such the labor who refuses to obey a direct order to perform such the labor shall is not be entitled to good behavior credits pursuant to Section 24-13-210 or productive duty credits pursuant to Section 24-13-230 herein; provided, however, that any. An inmate participating in a local work punishment or other public service sentence program shall must not be arbitrarily removed arbitrarily from such the program and required to perform work on the public works or ways. A local governing body may enter into a contractual agreement with another governmental entity for use of inmate labor in the performance of work for a public purpose."

U. Section 24-3-30 of the 1976 Code, as last amended by Section 392, 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 another 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

Each county administrator, or the equivalent, having charge of county prison facilities, may, upon the department's designating the county facilities as the place of confinement of a prisoner, may use the prisoner assigned thereto to them for the purpose of working the roads of the county or other public work. Any A prisoner so assigned to the county 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."

V. Section 24-3-40 of the 1976 Code, as last amended by Section 393, 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

W. Section 24-3-330 of the 1976 Code, as last amended by Section 411, 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 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."

X. Section 24-3-360 of the 1976 Code, as last amended by Section 413, 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 fiscal year of the kind and amount of articles and products

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