A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 24-3-430, RELATING TO THE AUTHORIZATION OF INMATE LABOR IN PRIVATE INDUSTRY AND REQUIREMENTS AND CONDITIONS, SO AS TO PROVIDE THAT NO INMATE PARTICIPATING IN THE PROGRAM  MAY EARN LESS THAN THE FEDERAL MINIMUM WAGE .

 

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

 

SECTION 1.  Section 24-3-430 of the S.C. Code is amended to read:

 

    Section 24-3-430.  (A) The Director of the Department of Corrections may establish a program involving the use of inmate labor by a nonprofit organization or in private industry for the manufacturing and processing of goods, wares, or merchandise or the provision of services or another business or commercial enterprise considered by the director to enhance the general welfare of South Carolina. No violent offender shall be afforded the opportunity to perform labor for nonprofit organizations if such labor is outside the confines of a correctional institution. Inmates participating in such labor shall not benefit in any manner contradictory to existing statutes.

    (B) The director may enter into contracts necessary to implement this program.  The contractual agreements may include rental or lease agreements for state buildings or portions of them on the grounds of an institution or a facility of the Department of Corrections and provide for reasonable access to and egress from the building to establish and operate a facility.

    (C) An inmate may participate in the program established pursuant to this section only on a voluntary basis and only after he has been informed of the conditions of his employment.

    (D) No inmate participating in the program may earn less than an hourly rate equal to the federal minimum wage the prevailing wage for work of similar nature in the private sector.

    (E) Inmate participation in the program may not result in the displacement of employed workers in the State of South Carolina and may not impair existing contracts for services.

    (F) Nothing contained in this section restores, in whole or in part, the civil rights of an inmate.  No inmate compensated for participation in the program is considered an employee of the State.

    (G) No inmate who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351 is eligible for unemployment compensation upon termination from the program.

    (H) The earnings of an inmate authorized to work at paid employment pursuant to this section must be paid directly to the Department of Corrections and applied as provided under Section 24-3-40.

 

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

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