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H. 3999
STATUS INFORMATION
General Bill
Sponsors: Reps. Herbkersman and Ceips
Document Path: l:\council\bills\gjk\20496djc03.doc
Introduced in the House on April 10, 2003
Currently residing in the House Committee on Judiciary
Summary: County Prisoner Reimbursement for Care and Maintenance Act
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/10/2003 House Introduced and read first time HJ-41 4/10/2003 House Referred to Committee on Judiciary HJ-42
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 21 TO CHAPTER 13, TITLE 24 SO AS TO ENACT "THE COUNTY PRISONER REIMBURSEMENT FOR CARE AND MAINTENANCE ACT", PROVIDE CERTAIN DEFINITIONS USED IN THE ARTICLE, PROVIDE FOR REIMBURSEMENT OF CERTAIN EXPENSES INCURRED BY A COUNTY WHEN A PERSON IS A PRISONER OR DETAINED IN A COUNTY JAIL, PROVIDE FOR FORMS, INVESTIGATIONS, AND REPORTS TO BE USED IN DETERMINING THE FINANCIAL STATUS OF PRISONERS, PROVIDE FOR SUITS TO COLLECT REIMBURSEMENT AND ENFORCE JUDGMENTS, PROVIDE FOR PROTECTION OF HOMESTEADS, AND PROVIDE FOR DISPOSITION OF REIMBURSEMENT COLLECTED UNDER THIS ARTICLE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 13, Title 24 of the 1976 Code is amended by adding:
Section 24-13-2210. This act is known and may be cited as 'County Prisoner Reimbursement For Care and Maintenance Act'.
Section 24-13-2220. For purposes of this article:
(1) 'County jail' means a jail, prison, facility, or another place used by a county for the confinement of a person in lawful detention or serving a sentence.
(2) 'Care' means providing the guards, facilities, watchful supervision, oversight, and security measures necessary to keep a prisoner or confined person in lawful custody or detention in a county jail.
(3) 'Maintenance' means providing or supplying food, shelter, clothing, and the ordinary necessities of life for a person detained or incarcerated in a county jail.
(4) 'Medical care and treatment' means care or treatment rendered by a physician, surgeon, psychiatrist, psychologist, dentist, hospital, clinic, or another health care provider for a medical, dental, or mental condition, including transportation to or from one place to another place for purposes of obtaining or receiving medical care or treatment.
Section 24-13-2230. (A) A county may:
(1) seek and collect reimbursement from a person for care, maintenance, medical care and treatment, and any other expense incurred by the county for or on account of a person while the person is a prisoner or detained in a county jail;
(2) establish the amount of reimbursement care and maintenance to be charged a person who is or was a prisoner; provided, the amount of reimbursement for care and maintenance to be established or charged must not exceed sixty-five dollars per day or the actual per diem cost of maintaining that prisoner, whichever is less, for the entire period of time the person was confined in the county jail, including any period of pretrial detention;
(3) investigate and collect information relating to the financial status of the person, and all the reports furnished by the sheriff for the purpose of securing reimbursement for the expenses incurred by the county in regard to prisoners as provided for under this article;
(4) seek and collect any other expenses incurred by the county to collect reimbursement or payment under this article including, but not limited to, reasonable attorney fees and costs for suit and related legal action.
(B) Reimbursement under this act may be ordered as a condition of probation.
(C) Before seeking reimbursement under this article, a county shall develop a form to be used for determining the financial status of prisoners. The form shall provide for obtaining the age and marital status of a prisoner, number and ages of children of a prisoner, number and ages of other dependents, type and value of real estate, type and value of personal property, cash and bank accounts, type and value of investments, pensions and annuities, and any other personalty of significant cash value. The county shall use the form when investigating the financial status of prisoners.
Section 24-13-2240. At, and in accordance with, the request of the governing body of a county, a county executive officer, or a designee of a county board or executive officer, the sheriff of the county shall forward to the board, county executive, or designee a list containing the name of each sentenced prisoner and each pretrial detainee whose prosecution resulted in conviction for a violation, misdemeanor, or felony, the term of sentence or the period of pretrial detention, and the date of admission, together with information regarding the financial status of each prisoner, as required by the governing body of the county, the county executive, or designee of the county executive.
Section 24-13-2250. (A) A prisoner in a county jail shall cooperate with the county in seeking reimbursement under this act for expenses incurred by the county for that prisoner.
(B) A prisoner who wilfully refuses to cooperate as required in subsection (A) shall not receive a reduction in his sentence for good behavior or for another cause. If a person is ordered to reimburse the county under this article as a condition of probation, the failure or refusal of the person to make the reimbursement as ordered is a ground for revocation of the person's probation.
Section 24-13-2260. (A) Within twelve months after the release from a county jail of a sentenced prisoner or a pretrial detainee whose prosecution resulted in conviction for a felony, an attorney for the county may file a civil action to seek reimbursement from that person for maintenance and support of that person while he is or was confined in the county jail, or for any other expense for which the county may be reimbursed under this article.
(B) A civil action brought under this act shall be instituted in the name of the county in which the jail is located and shall state the following, as applicable:
(1) in the case of a prisoner sentenced to the jail, the date and place of sentence, the length of time set forth in the sentence, the length of time actually served, and the amount or amounts due to the county pursuant to this article;
(2) in the case of a person imprisoned as a pretrial detainee on a charge or charges that resulted in conviction for a felony, the length of pretrial detention, and the amount or amounts due to the county pursuant to this article.
(C) Before entering an order on behalf of a county against a defendant, the court shall take into consideration any legal obligation of the defendant to support a spouse, minor children, or other dependents and any moral obligation to support dependents to whom the defendant is providing or has in fact provided support.
(D) A court of competent jurisdiction may enter a money judgment against the defendant and may order that the defendant's property is liable for reimbursement for maintenance and support of the defendant as a prisoner and for other expenses reimbursable under this article.
Section 24-13-2270. (A) Consistent with Section 24-13-2260, a county may file a civil action in magistrate's court or the court of common pleas. If the defendant is still a prisoner in the county jail or is a prisoner in a state correctional facility, venue is proper in the county in which the jail or correctional facility is located.
(B) If necessary to protect the county's right to obtain reimbursement under this article against the disposition of known property, the county, in accordance with applicable law, may seek issuance of a restraining order to restrain the defendant from disposing of the property pending a hearing on an order to show cause why the particular property should not be applied to reimbursement to the county for the maintenance and support of the defendant as a prisoner.
(C) To protect and maintain the property pending resolution of the matter, a court, upon request, may appoint a receiver.
(D) A county shall not enforce any judgment obtained under this act by means of execution against the homestead of the defendant.
Section 24-13-2280. The sentencing judge and the sheriff of any county in which a prisoner's property is located shall furnish to the attorney for the county all information and assistance possible to enable the attorney to secure reimbursement for the county under this act.
Section 24-13-2290. The reimbursements secured under this act shall be credited to the general fund of the county to be available for general fund purposes. The county treasurer may determine the amount due the county under this act and render sworn statements thereof. These sworn statements shall be considered prima facie evidence of the amount due."
SECTION 2. This act takes effect upon approval by the Governor.
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