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(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."

SECTION 45. 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 Drug Abuse Services shall provide staff and support necessary to administer the program. Funds for this program must be appropriated annually by the General Assembly.

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

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."

SECTION 46. Section 24-26-20 of the 1976 Code is amended to read:

"Section 24-26-20. The 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 47. Section 24-26-30 of the 1976 Code is amended to read:

"Section 24-26-30. The commission may employ a staff director and other professional and clerical personnel upon the appropriation of

SECTION 48. Section 24-26-40 of the 1976 Code is amended to read:

"Section 24-26-40. 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 may receive from other sources to carry out its duties and responsibilities."

SECTION 49. Section 24-26-50 of the 1976 Code is amended to read:

"Section 24-26-50. The commission, by vote of a majority of the membership, may establish general policies. The advisory guidelines prescribed and promulgated pursuant to Section 24-26-20 must be approved by the General Assembly."

SECTION 50. Section 24-26-60 of the 1976 Code is amended to read:

"Section 24-26-60. 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."

SECTION 51. 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

(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;

(j)(10) 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)(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."

SECTION 52. 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."

"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 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 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 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 regional 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 prisoners of the county facility to facilities of the department.

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."

SECTION 54. 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

SECTION 55. 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."

SECTION 56. 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,

SECTION 57. Section 24-13-1530 of the 1976 Code, as last amended by Act 594 of 1990, is further amended to read:

"Section 24-13-1530. (A) Notwithstanding any another provision of law which requires mandatory incarceration, electronic and nonelectronic home detention programs may be used as an alternative to incarceration for low risk, nonviolent adult and juvenile offenders as selected by the court, provided if there is a home detention program available in the jurisdiction. Applications by offenders for home detention may be made to the court as an alternative to the following correctional programs:

(1) pretrial or preadjudicatory detention;

(2) probation (intensive supervision);

(3) community corrections (diversion);

(4) parole (early release);

(5) work release;

(6) institutional furlough;

(7) jail diversion; or

(8) shock incarceration.

(B) Local governments also may establish by ordinance the same alternative to incarceration for persons who are awaiting trial and for offenders whose sentences do not place them in the custody of the Department of Corrections. Counties and municipalities may develop home detention programs according to the Minimum Standards for Local Detention Facilities in South Carolina which are established pursuant to Section 24-9-20 and enforced pursuant to Section 24-9-30."

SECTION 58. Section 24-13-1560 of the 1976 Code, as last amended by Act 594 of 1990, is further amended to read:

SECTION 59. Section 40-5-310 of the 1976 Code is amended to read:

"Section 40-5-310. No person shall may practice or solicit the cause of any other another person in any a court of this State unless he has been admitted and sworn as an attorney, under a penalty of five hundred dollars for every cause he shall so solicit, one half to the State and the other half to him that will sue for it. A person who violates this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both."

SECTION 60. Section 41-27-260(10) of the 1976 Code is amended to read:

"(10) For the purposes of items (2) and (3) of Section 41-27- 230(2) and (3), the term `employment' shall does not include service performed:

(a) Service performed in the direct employ of a church, or convention, or association of churches, or an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church, or convention, or association of churches; or

(b) Service performed by a duly an ordained, a commissioned, or a licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by such the order; or

(c) Service performed in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age, or physical or mental deficiency, or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed readily in the competitive labor market by an individual receiving such rehabilitation or remunerative work; or

(d) Service performed prior to before January 1, 1978, for a hospital in a state prison or other state correctional institution by an inmate of the prison or correctional institution and after December 31, 1977, by an inmate of a custodial or penal institution; or

(e) Service performed as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any a federal agency, or an agency or political subdivision of a state, or political subdivision thereof, by an individual receiving such work relief or work training, unless a federal law, rule, or regulation mandates unemployment

(f) by an inmate who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351."

SECTION 61. Chapter 26 of Title 24, Sections 24-3-35, 24-7-10, 24-7-20, 24-7-30, 24-7-40, 24-7-50, 24-7-90, and 24-7-100 of the 1976 Code are repealed.

SECTION 62. No later than the first day of the 1995 Legislative Session, the Department of Corrections shall submit to the General Assembly a detailed and comprehensive report on:

(1) the current status of the prison industries and agricultural programs and the litter control program and recommendations necessary to expand the litter control program;

(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 63. Before January 1, 1995, the Department of Juvenile Justice shall develop a long-term plan to be phased in over the next five years beginning on July 1, 1995 which:

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