S*0384(Rat #0114, Act #0068 of 1999)  General Bill, By Anderson, Washington, 
Matthews, Patterson, Glover, Ford and Reese
 A BILL TO AMEND SECTION 24-3-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR A PERSON
 CONVICTED OF AN OFFENSE AGAINST THE STATE, SO AS TO PROVIDE THAT THE
 DEPARTMENT OF CORRECTIONS SHALL CONSIDER PROXIMITY TO THE HOME OF THE
 CONVICTED PERSON IN DESIGNATING THE PLACE OF HIS CONFINEMENT UNDER CERTAIN
 CIRCUMSTANCES; AND TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO THE
 DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SO AS
 TO REVISE THE AMOUNTS THAT THE DEPARTMENT OF CORRECTIONS DEDUCTS FROM A
 PRISONER'S GROSS WAGES TO SATISFY HIS RESTITUTION, CHILD SUPPORT, AND OTHER
 OBLIGATIONS.-AMENDED TITLE

   01/21/99  Senate Introduced and read first time SJ-5
   01/21/99  Senate Referred to Committee on Corrections and Penology SJ-5
   04/20/99  Senate Committee report: Favorable Corrections and
                     Penology SJ-8
   04/21/99  Senate Read second time SJ-27
   04/22/99  Senate Read third time and sent to House SJ-26
   04/27/99  House  Introduced and read first time HJ-11
   04/27/99  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-11
   05/26/99  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-40
   06/01/99  House  Amended HJ-55
   06/01/99  House  Read second time HJ-57
   06/02/99  House  Read third time and returned to Senate with
                     amendments HJ-15
   06/03/99  Senate Concurred in House amendment and enrolled SJ-78
   06/09/99         Ratified R 114
   06/11/99         Signed By Governor
   06/11/99         Effective date 06/11/99 Section 2 applies to
                     wages earned beginning with the first day of the
                     second month after the signature of the Governor
   07/07/99         Copies available
   07/07/99         Act No. 68

AN ACT TO AMEND SECTION 24-3-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT FOR A PERSON CONVICTED OF AN OFFENSE AGAINST THE STATE, SO AS TO PROVIDE THAT THE DEPARTMENT OF CORRECTIONS SHALL CONSIDER PROXIMITY TO THE HOME OF THE CONVICTED PERSON IN DESIGNATING THE PLACE OF HIS CONFINEMENT UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO THE DISPOSITION OF WAGES OF A PRISONER ALLOWED TO WORK AT PAID EMPLOYMENT, SO AS TO REVISE THE AMOUNTS THAT THE DEPARTMENT OF CORRECTIONS DEDUCTS FROM A PRISONER'S GROSS WAGES TO SATISFY HIS RESTITUTION, CHILD SUPPORT, AND OTHER OBLIGATIONS.

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

Place of confinement for a prisoner

SECTION 1. Section 24-3-30 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"Section 24-3-30. (A) Notwithstanding the provisions of Section 24-3-10 or another provision of law, a person convicted of an offense against the State must be in the custody of the Department of Corrections, and the department shall designate the place of confinement where the sentence must be served. The department may designate as a place of confinement an available, a suitable, and an appropriate institution or facility including, but not limited to, a county jail or work camp whether maintained by the Department of Corrections, or otherwise. However, the consent of the officials in charge of the county institutions so designated must be obtained first. If imprisonment for three months or less is ordered by the court as the punishment, all persons so convicted must be placed in the custody, supervision, and control of the appropriate officials of the county in which the sentence was pronounced, if the county has facilities suitable for confinement. A county or municipality, through mutual agreement or contract, may arrange with another county or municipality or a local regional correctional facility for the detention of its prisoners. The Department of Corrections must be notified by the county officials concerned not less than six months before the closing of a county prison facility which would result in the transfer of the prisoners of the county facility to facilities of the department.

(B) The department shall consider proximity to the home of a person convicted of an offense against the State in designating the place of his confinement if this placement does not jeopardize security as determined by the department. Proximity to a convicted person's home must not have precedence over departmental criteria for institutional assignment.

(C) Each county administrator, or the equivalent, having charge of county prison facilities, upon the department's designating the county facilities as the place of confinement of a prisoner, may use the prisoner assigned to them for the purpose of working the roads of the county or other public work. A prisoner assigned to the county must be under the custody and control of the administrator or the equivalent during the period to be specified by the director at the time of the prisoner's assignment, but the assignment must be terminated at any time the director determines that the place of confinement is unsuitable or inappropriate, or that the prisoner is employed on other than public works. If, upon termination of the assignment, the prisoner is not returned, habeas corpus lies."

Deductions from the gross wages of a prisoner

SECTION 2. 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.

The Director of the Department of Corrections shall deduct the following amounts from the gross wages of the prisoner:

(1) If restitution to a particular victim or victims has been ordered by the court, then twenty percent must be used to fulfill the restitution obligation. If a restitution payment schedule has been ordered by the court pursuant to Section 17-25-322, the twenty percent must be applied to the scheduled payments. If restitution to a particular victim or victims has been ordered but a payment schedule has not been specified by the court, the director shall impose a payment schedule of equal monthly payments and use twenty percent to meet the payment schedule so imposed.

(2) If restitution to a particular victim or victims has not been ordered by the court, or if court-ordered restitution to a particular victim or victims has been satisfied, then the twenty percent referred to in subsection (1) must be placed 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, if the prisoner is engaged in work at paid employment in the community. If the prisoner is employed in a prison industry program, then the twenty percent referred to in subsection (1) must be applied to the South Carolina Victims Compensation Fund.

(3) Thirty-five percent must be used to pay the prisoner's child support obligations pursuant to law, court order, or agreement of the prisoner. These child support monies must be disbursed to the guardian of the child or children or to appropriate clerks of court, in the case of court ordered child support, for application toward payment of child support obligations, whichever is appropriate. If there are no child support obligations, then twenty-five percent must be used by the Department of Corrections to defray the cost of the prisoner's room and board. Furthermore, if there are no child support obligations, then ten percent must be made available to the inmate during his incarceration for the purchase of incidentals pursuant to subsection (4). This is in addition to the ten percent used for the same purpose in subsection (4).

(4) Ten percent must be available to the inmate during his incarceration for the purchase of incidentals. Any monies made available to the inmate for the purchase of incidentals also may be distributed to the person or persons of the inmate's choice.

(5) Ten percent must be held in an interest bearing escrow account for the benefit of the prisoner.

(6) The remaining balance must be used to pay federal and state taxes required by law. Any monies not used to satisfy federal and state taxes must be made available to the inmate for the purchase of incidentals pursuant to subsection (4).

(B) The Department of Corrections shall return a prisoner's wages held in escrow pursuant to subsection (A) as follows:

(1) A prisoner released without community supervision must be given his escrowed wages upon his release.

(2) A prisoner serving life in prison or sentenced to death shall be given the option of having his escrowed wages included in his estate or distributed to the persons or entities of his choice.

(3) A prisoner released to community supervision shall receive two hundred dollars or the escrow balance, whichever is less, upon his release. Any remaining balance must be disbursed to the Department of Probation, Parole and Pardon Services. The prisoner's supervising agent shall apply this balance toward payment of the prisoner's housing and basic needs and dispense any balance to the prisoner at the end of the supervision period."

Time effective

SECTION 3. This act takes effect upon approval by the Governor, and Section 2 applies to wages earned beginning with the first day of the second month after the signature of the Governor.

Ratified the 9th day of June, 1999.

Approved the 11th day of June, 1999.