H*4757(Rat #0360, Act #0283 of 2002)  General Bill, By Harrison

Similar(S 1048)
 A BILL TO AMEND SECTION 23-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF
 PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE
 FEDERAL COURTS, SO AS TO REVISE THE CHARGE AND CONTRACTUAL PROCEDURE BY
 ALLOWING SHERIFFS, JAILERS, AND MUNICIPALITIES TO CHARGE AN AMOUNT PER DAY AS
 PROVIDED BY CONTRACTUAL AGREEMENT WITH THE APPROPRIATE FEDERAL AUTHORITY FOR
 EACH PERSON COMMITTED TO A JAIL OR ANOTHER DETENTION FACILITY EITHER AS A
 PRETRIAL FEDERAL DETAINEE, PENDING A JUDICIAL HEARING OR ACTION, AS A FEDERAL
 PRISONER IN TRANSIT FROM OR AWAITING TRANSFER TO ANOTHER INSTITUTION, OR AS A
 FEDERAL INMATE SERVING A SENTENCE IMPOSED BY THE UNITED STATES COURTS, TO
 DELETE THE PROVISION THAT ALLOWS A PORTION OF THE CHARGE TO BE USED BY THE
 COUNTY JAIL, TO PROVIDE THAT THE CONTRACT MUST BE SIGNED BY THE SHERIFF IF HE
 IS RESPONSIBLE FOR OPERATING A COUNTY JAIL OR DETENTION FACILITY USED TO HOUSE
 FEDERAL DETAINEES, PRISONERS, OR INMATES, AND TO PROVIDE THAT ANY EXPENDITURE
 OF MONIES CONTAINED IN THIS SECTION MUST BE MADE IN ACCORDANCE WITH THE
 ESTABLISHED PROCUREMENT PROCEDURES OF THE LOCAL GOVERNMENT WHICH HAS BUDGET
 APPROPRIATION AUTHORITY FOR THE JAIL OR DETENTION FACILITY.-amended title

   02/19/02  House  Introduced and read first time HJ-8
   02/19/02  House  Referred to Committee on Judiciary HJ-8
   04/02/02  House  Committee report: Favorable with amendment
                     Judiciary HJ-11
   04/03/02  House  Amended HJ-80
   04/03/02  House  Read second time HJ-81
   04/04/02  House  Read third time and sent to Senate HJ-12
   04/09/02  Senate Introduced and read first time SJ-15
   04/09/02  Senate Referred to Committee on Corrections and Penology SJ-15
   04/30/02  Senate Recalled from Committee on Corrections and
                     Penology SJ-4
   05/01/02  Senate Amended SJ-22
   05/01/02  Senate Read second time SJ-22
   05/01/02  Senate Ordered to third reading with notice of
                     amendments SJ-22
   05/02/02  Senate Read third time and returned to House with
                     amendments SJ-28
   05/08/02  House  Concurred in Senate amendment and enrolled HJ-56
   05/22/02         Ratified R 360
   05/28/02         Signed By Governor
   06/13/02         Effective date 5/28/2002
   06/13/02         Copies available
   06/17/02         Act No. 283

AN ACT TO AMEND SECTION 23-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE CHARGE AND CONTRACTUAL PROCEDURE BY ALLOWING SHERIFFS, JAILERS, AND MUNICIPALITIES TO CHARGE AN AMOUNT PER DAY AS PROVIDED BY CONTRACTUAL AGREEMENT WITH THE APPROPRIATE FEDERAL AUTHORITY FOR EACH PERSON COMMITTED TO A JAIL OR ANOTHER DETENTION FACILITY EITHER AS A PRETRIAL FEDERAL DETAINEE, PENDING A JUDICIAL HEARING OR ACTION, AS A FEDERAL PRISONER IN TRANSIT FROM OR AWAITING TRANSFER TO ANOTHER INSTITUTION, OR AS A FEDERAL INMATE SERVING A SENTENCE IMPOSED BY THE UNITED STATES COURTS, TO DELETE THE PROVISION THAT ALLOWS A PORTION OF THE CHARGE TO BE USED BY THE COUNTY JAIL, TO PROVIDE THAT THE CONTRACT MUST BE SIGNED BY THE SHERIFF IF HE IS RESPONSIBLE FOR OPERATING A COUNTY JAIL OR DETENTION FACILITY USED TO HOUSE FEDERAL DETAINEES, PRISONERS, OR INMATES, AND TO PROVIDE THAT ANY EXPENDITURE OF MONIES CONTAINED IN THIS SECTION MUST BE MADE IN ACCORDANCE WITH THE ESTABLISHED PROCUREMENT PROCEDURES OF THE LOCAL GOVERNMENT WHICH HAS BUDGET APPROPRIATION AUTHORITY FOR THE JAIL OR DETENTION FACILITY.

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

Charges for housing federal prisoners

SECTION 1. Section 23-19-20 of the 1976 Code is amended to read:

"Section 23-19-20. (A) The sheriffs or jailers of the respective counties of this State may charge an amount per day as provided by contractual agreement with the appropriate federal authority for each person committed to the county jail or another detention facility as a pre-trial federal detainee, pending a judicial hearing or action, as a federal prisoner in transit from or awaiting transfer to another institution, or as a federal inmate serving a sentence imposed by the United States courts.

(B) A contract with the appropriate federal authority for the housing of federal detainees, prisoners, or inmates by a county of this State must also be signed by the sheriff if he is responsible for operating the county jail or detention facility.

(C) A municipality which operates a jail or detention facility may charge an amount per day as provided by contractual agreement with the appropriate federal authority for each person committed to the jail or detention facility as a pre-trial federal detainee pending a judicial hearing or action, as a federal prisoner in transit from or awaiting transfer to another institution, or as a federal inmate serving a sentence imposed by the United States courts.

(D) Any expenditure of the monies contained in this section must be made in accordance with the established procurement procedures of the local government having budget appropriation authority for the jail or detention facility."

Time effective

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

Ratified the 22nd day of May, 2002.

Approved the 28th day of May, 2002.