South Carolina General Assembly
116th Session, 2005-2006

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H. 3523

STATUS INFORMATION

General Bill
Sponsors: Reps. Wilkins and Harrison
Document Path: l:\council\bills\swb\6292cm05.doc
Companion/Similar bill(s): 173, 258

Introduced in the House on February 10, 2005
Introduced in the Senate on April 28, 2005
Last Amended on April 26, 2005
Currently residing in the Senate

Summary: Prison industries program

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   2/10/2005  House   Introduced and read first time HJ-8
   2/10/2005  House   Referred to Committee on Ways and Means HJ-9
   4/19/2005  House   Committee report: Favorable with amendment Ways and 
                        Means HJ-58
   4/20/2005          Scrivener's error corrected
   4/26/2005  House   Amended HJ-102
   4/26/2005  House   Read second time HJ-104
   4/27/2005  House   Read third time and sent to Senate HJ-22
   4/28/2005  Senate  Introduced and read first time SJ-11
   4/28/2005  Senate  Referred to Committee on Corrections and Penology SJ-11
   5/11/2005  Senate  Recalled from Committee on Corrections and Penology SJ-7
   5/12/2005  Senate  Read second time SJ-38

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

2/10/2005
4/19/2005
4/20/2005
4/26/2005
5/11/2005

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

RECALLED

May 11, 2005

H. 3523

Introduced by Reps. Wilkins and Harrison

S. Printed 5/11/05--S.

Read the first time April 28, 2005.

            

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS IN CONJUNCTION WITH THE MATERIALS MANAGEMENT OFFICE OF THE BUDGET AND CONTROL BOARD SHALL DEVELOP, MAINTAIN, AND IMPLEMENT A MARKETING PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR THE EMPLOYMENT OF INMATES THROUGH THE PRISON INDUSTRIES PROGRAM; AND BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.

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

SECTION    1.    Chapter 1, Title 24 of the 1976 Code is amended by adding:

"Section 24-1-285.    The Department of Corrections, in conjunction with the Department of Commerce, shall develop and maintain a marketing plan to attract private sector businesses for the employment of inmates through the prison industries program. The marketing plan must include, but not be limited to, provisions of public advertising to establish a prison-based industry and a certification by the Department of Commerce that each new contract does not create an unfair competitive wage disadvantage to the local economy. The negotiation of new contracts and the renewal of existing contracts with private sector entities must be consummated in accordance with procedures established jointly by the Department of Commerce and the Department of Corrections. The procedures must be drafted to ensure fairness and consistency in establishing contracts with private sector entities seeking to establish or continue prison-based operations whenever the wage to be paid is less than the federally established minimum wage. The marketing plan and the procedures for negotiating new contracts and contract renewals must be submitted to and approved by the Budget and Control Board prior to implementation. The Department of Corrections shall annually submit an audit report of the program to the Senate Corrections and Penology Committee and the House Medical, Military, Public and Municipal Affairs Committee. The provisions of the section may not be construed to apply to traditional prison industries as authorized in Section 24-3-320."

SECTION    2.    Chapter 1, Title 24 of the 1976 Code is amended by adding:

"Section 24-1-290.    The Director of the Department of Corrections shall deduct the following from the gross earnings of the inmates engaged in prison industry service work in addition to any other required deductions:

(1)    if restitution to a particular victim or victims has been ordered by a court of appropriate jurisdiction, then twenty percent must be used to fulfill the restitution obligation;

(2)    if restitution to a particular victim or victims has not been ordered by a court of appropriate jurisdiction, or if court-ordered restitution to a particular victim or victims has been satisfied, then twenty percent must be applied to the South Carolina Victim's Compensation Fund;

(3)    ten percent must be retained by the Department of Corrections to defray the cost of the inmate's room and board."

SECTION    3.    This act takes effect upon approval by the Governor.

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