Bill 3849

                    Current Status

Bill Number:                       3849
Type of Legislation:               General Bill GB
Introducing Body:                  House
Introduced Date:                   19970409
Primary Sponsor:                   Knotts
All Sponsors:                      Knotts, Altman, Whatley,
                                   Harrell, R. Smith, Sandifer,
                                   Inabinett, Barrett, McCraw, Rice,
                                   Hinson, Rodgers, Kennedy, Riser,
                                   Limbaugh, J. Hines, Young, Simrill,
                                   Dantzler, Wilder, Kirsh, Bauer and
                                   Haskins 
Drafted Document Number:           dka\4300mm.97
Residing Body:                     House
Current Committee:                 Judiciary Committee 25 HJ
Subject:                           Wages of inmates, withholdings
                                   from include child support
                                   obligations; Minors, Prisons and
                                   Prisoners

Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________
House   19970409  Introduced, read first time,             25 HJ
                  referred to Committee

TO AMEND SECTION 24-3-40, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITION OF PRISON INMATE WAGES, SO AS TO REQUIRE MONIES IN AN AMOUNT REPRESENTING CHILD SUPPORT OBLIGATIONS TO BE WITHHELD FROM INMATE WAGES AND TO PROVIDE FOR DISBURSEMENT OF THOSE MONIES.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 24-3-40 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"Section 24-3-40. (A) 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.

(B) 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'.

(C) The director may withhold from the wages costs incident to the prisoner's confinement as the Department of Corrections considers appropriate and reasonable. These withholdings must be deposited to the maintenance account of the Department of Corrections.

(D) The director shall withhold from the wages monies in an amount representing child support obligations. These monies must be disbursed to the appropriate clerks of court for application toward payment of child support obligations.

(E) The balance of the wages, in the discretion of the director and in proportions determined by the director, may be disbursed to the prisoner, the prisoner's dependents, and the victim of the crime or deposited to the credit of the prisoner."

SECTION 2. This act takes effect upon approval by the Governor.