H*4473(Rat #0590, Act #0500)  General Bill, By J.J. Snow, Law and Riser
 A Bill to amend Section 24-3-20, as amended, Code of Laws of South Carolina,
 1976, relating to a prisoner's place of confinement and work at paid
 employment, so as to prohibit the place of confinement of certain prisoners
 from being extended; to amend Section 24-3-40, as amended, relating to
 disposition of wages of a prisoner working at paid employment, so as to
 further provide for those prisoners which qualify and to provide that no
 prisoner 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; to amend Section
 41-27-260, relating to employment exempted from the employment security law,
 so as to provide that services performed by an inmate who participates in a
 project designated by the director of the Bureau of Justice Assistance
 pursuant to Public Law 90-351 is exempt.-amended title

   01/12/94  House  Introduced and read first time HJ-15
   01/12/94  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-15
   02/09/94  House  Committee report: Favorable Medical, Military,
                     Public and Municipal Affairs HJ-3
   02/10/94  House  Read second time HJ-517
   02/10/94  House  Unanimous consent for third reading on next
                     legislative day HJ-519
   02/11/94  House  Read third time and sent to Senate HJ-2
   02/15/94  Senate Introduced and read first time SJ-9
   02/15/94  Senate Referred to Committee on Corrections and Penology SJ-9
   04/26/94  Senate Committee report: Favorable with amendment
                     Corrections and Penology SJ-41
   04/27/94  Senate Read second time SJ-46
   04/27/94  Senate Ordered to third reading with notice of
                     amendments SJ-47
   05/25/94  Senate Amended SJ-19
   05/25/94  Senate Read third time and returned to House with
                     amendments SJ-20
   06/01/94  House  Senate amendment amended HJ-271
   06/01/94  House  Returned to Senate with amendments HJ-272
   06/02/94  Senate Concurred in House amendment and enrolled SJ-71
   06/02/94         Ratified R 590
   08/25/94         Signed By Governor
   08/25/94         Effective date 08/25/94
   09/12/94         Copies available

AN ACT TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PRISONER'S PLACE OF CONFINEMENT AND WORK AT PAID EMPLOYMENT, SO AS TO PROHIBIT THE PLACE OF CONFINEMENT OF CERTAIN PRISONERS FROM BEING EXTENDED; TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO DISPOSITION OF WAGES OF A PRISONER WORKING AT PAID EMPLOYMENT, SO AS TO FURTHER PROVIDE FOR THOSE PRISONERS WHICH QUALIFY AND TO PROVIDE THAT NO PRISONER 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; TO AMEND SECTION 41-27-260, RELATING TO EMPLOYMENT EXEMPTED FROM THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT SERVICES PERFORMED BY AN INMATE WHO PARTICIPATES IN A PROJECT DESIGNATED BY THE DIRECTOR OF THE BUREAU OF JUSTICE ASSISTANCE PURSUANT TO PUBLIC LAW 90-351 IS EXEMPT.

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

Place of confinement may not be extended

SECTION 1. Section 24-3-20(b) of the 1976 Code, as amended, is further amended to read:

"(b) When the director determines that the character and attitude of a prisoner reasonably indicates that he may be so trusted, it may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, provided that the director determines that:

(1) such paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and

(2) the rates of pay and other conditions of employment will not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed.

No prisoner's place of confinement may be extended as permitted by this subsection who is currently serving a sentence for or has a prior

conviction of criminal sexual conduct in the first, second, or third degree, attempted criminal sexual conduct, assault with intent to commit criminal sexual conduct, criminal sexual conduct when the victim is his legal spouse, criminal sexual conduct with a minor, lewd act on a child, engaging a child for sexual performance, or spousal sexual battery."

Prisoners who may work and who may not receive unemployment

SECTION 2. Section 24-3-40 of the 1976 Code, as last amended by Section 393, Act 181 of 1993, is further amended to read:

"Section 24-3-40. 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 withhold five percent of the gross wages and promptly place these funds 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'. The director may withhold from the wages costs incident to the prisoner's confinement as the Department of Corrections considers appropriate and reasonable. These withholdings must be deposited to the maintenance account of the Department of Corrections. The balance of the wages, in the discretion of the director and in proportions determined by the director, may be disbursed to the prisoner, the prisoner's dependents, and the victim of the crime or deposited to the credit of the prisoner. No prisoner 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."

Exemption

SECTION 3. Section 41-27-260(10) of the 1976 Code is amended by adding:

"(f) service performed by an inmate who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351."

Time effective

SECTION 4. This act takes effect upon approval by the Governor.

Approved the 25th day of August, 1994.