S*0315(Rat #0100, Act #0096 of 2001)  General Bill, By Thomas

Similar(S 299, H 3101)
 A BILL TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING
 ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT PREPARATION PROGRAM
 WHICH REQUIRES THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO COORDINATE ITS
 EFFORTS WITH THE EMPLOYMENT SECURITY COMMISSION, DEPARTMENT OF PROBATION,
 PAROLE AND PARDON SERVICES, THE DEPARTMENT OF VOCATIONAL REHABILITATION, THE
 ALSTON WILKES SOCIETY, AND OTHER PRIVATE SECTOR ENTITIES THROUGH A MEMORANDUM
 OF UNDERSTANDING TO ASSIST INCARCERATED INDIVIDUALS IN PREPARING FOR
 MEANINGFUL EMPLOYMENT UPON THEIR RELEASE FROM CONFINEMENT; AND TO AMEND TITLE
 43, CHAPTER 31, RELATING TO THE STATE'S PROVISIONS OF VOCATIONAL
 REHABILITATION, BY ADDING SECTION 43-31-160 SO AS TO PROVIDE THAT THE
 DEPARTMENT OF VOCATIONAL REHABILITATION HAS THE ADDITIONAL RESPONSIBILITY OF
 PROVIDING SERVICES TO INDIVIDUALS WHO HAVE COMMITTED CRIMINAL OFFENSES AND ARE
 OR HAVE BEEN INCARCERATED IN THE DEPARTMENT OF CORRECTIONS WHEN THESE
 INDIVIDUALS SUFFER FROM PHYSICAL OR MENTAL DISABILITIES THAT MAY CONSTITUTE A
 SUBSTANTIAL HANDICAP TO EMPLOYMENT.-AMENDED TITLE

   02/14/01  Senate Introduced and read first time SJ-4
   02/14/01  Senate Referred to Committee on Corrections and Penology SJ-4
   04/10/01  Senate Committee report: Favorable with amendment
                     Corrections and Penology SJ-12
   04/11/01  Senate Amended SJ-9
   04/11/01  Senate Read second time SJ-9
   04/11/01  Senate Ordered to third reading with notice of amendments SJ-9
   04/12/01  Senate Read third time and sent to House SJ-10
   04/17/01  House  Introduced and read first time HJ-16
   04/17/01  House  Referred to Committee on Judiciary HJ-16
   05/10/01  House  Recalled from Committee on Judiciary HJ-25
   05/16/01  House  Amended HJ-27
   05/16/01  House  Read second time HJ-29
   05/17/01  House  Read third time and returned to Senate with
                     amendments HJ-13
   05/23/01  Senate House amendment amended SJ-1
   05/23/01  Senate Returned to House with amendments SJ-1
   05/24/01  House  Concurred in Senate amendment and enrolled HJ-38
   06/05/01         Ratified R 100
   08/31/01         Signed By Governor
   08/31/01         Effective date 08/31/01; however, the
                     implementation of this act is contingent upon
                     the appropriation of necessary funds to carry
                     out provisions of this act
   09/17/01         Copies available
   09/17/01         Act No. 96

AN ACT TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT PREPARATION PROGRAM WHICH REQUIRES THE SOUTH CAROLINA DEPARTMENT OF CORRECTIONS TO COORDINATE ITS EFFORTS WITH THE EMPLOYMENT SECURITY COMMISSION, DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, THE DEPARTMENT OF VOCATIONAL REHABILITATION, THE ALSTON WILKES SOCIETY, AND OTHER PRIVATE SECTOR ENTITIES THROUGH A MEMORANDUM OF UNDERSTANDING TO ASSIST INCARCERATED INDIVIDUALS IN PREPARING FOR MEANINGFUL EMPLOYMENT UPON THEIR RELEASE FROM CONFINEMENT; AND TO AMEND TITLE 43, CHAPTER 31, RELATING TO THE STATE'S PROVISIONS OF VOCATIONAL REHABILITATION, BY ADDING SECTION 43-31-160 SO AS TO PROVIDE THAT THE DEPARTMENT OF VOCATIONAL REHABILITATION HAS THE ADDITIONAL RESPONSIBILITY OF PROVIDING SERVICES TO INDIVIDUALS WHO HAVE COMMITTED CRIMINAL OFFENSES AND ARE OR HAVE BEEN INCARCERATED IN THE DEPARTMENT OF CORRECTIONS WHEN THESE INDIVIDUALS SUFFER FROM PHYSICAL OR MENTAL DISABILITIES THAT MAY CONSTITUTE A SUBSTANTIAL HANDICAP TO EMPLOYMENT.

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

Offender Employment Preparation Program

SECTION 1. Chapter 13, Title 24 of the 1976 Code is amended by adding:

Section 24-13-2110. To aid incarcerated individuals with reentry into their home communities of this State, the South Carolina Department of Corrections shall assist inmates in preparing for meaningful employment upon release from confinement. The South Carolina Department of Corrections shall coordinate efforts in this matter with the Employment Security Commission, Department of Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, Alston Wilkes Society, and other private sector entities.

Section 24-13-2120. The Department of Corrections, Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, the Employment Security Commission, and the Alston Wilkes Society shall adopt a memorandum of understanding that establishes the respective responsibilities of each agency. Each agency shall adopt policies and procedures as may be necessary to implement the memorandum of understanding.

Section 24-13-2130. The memorandum of understanding between the South Carolina Department of Corrections, Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, Employment Security Commission, Alston Wilkes Society, and other private sector entities shall establish the role of each agency in:

(1) ascertaining an inmate's opportunities for employment after release from confinement and providing him with vocational and academic education and life skills assessments as may be appropriate;

(2) developing skills enhancement programs for inmates, as appropriate;

(3) coordinating job referrals and related services to inmates prior to release from incarceration;

(4) encouraging participation by inmates in the services offered;

(5) developing and maintaining a statewide network of employment referrals for inmates at the time of their release from incarceration and aiding inmates in the securing of employment;

(6) identifying and facilitating other transitional services within both governmental and private sectors;

(7) surveying employment trends within the State and making proposals to the Department of Corrections regarding potential vocational training activities.

Section 24-13-2140. The Department of Corrections shall coordinate the efforts of the affected state agencies through the Program Services Administration. The Department of Corrections shall:

(1) develop such policies and standards as may be necessary for the provision of assessment, training, and referral services;

(2) obtain information from appropriate agencies and organizations affiliated with the services to determine actions that should be undertaken to create or modify these services;

(3) disseminate information about the services throughout the State;

(4) provide information and assistance to other agencies, as may be appropriate or necessary, to carry out the provisions of this chapter;

(5) provide inmates of the Department of Corrections information concerning postrelease job training and employment referral services and information concerning services that may be available from the Department of Alcohol and Other Drug Abuse Services, the Department of Mental Health, and the Office of Veterans Affairs;

(6) prepare an annual report that will be submitted to the directors of each agency that is a party to a memorandum of understanding as provided for in Section 24-13-2120;

(7) negotiate with Alston Wilkes Society and private sector entities concerning the delivery of assistance or services to inmates who are transitioning from incarceration to reentering their communities."

Vocational rehabilitation

SECTION 2. Chapter 31, Title 43 of the 1976 Code is amended by adding:

"Section 43-31-160. In addition to the duties of the Department of Vocational Rehabilitation as set forth in Sections 43-31-20 and 43-31-60, the department shall provide services authorized by this chapter to individuals who have committed criminal offenses and are or have been incarcerated in the Department of Corrections when these individuals suffer from physical or mental disabilities that may constitute a substantial handicap to employment."

Time effective

SECTION 3. This act takes effect upon approval by the Governor; however, the implementation of this act is contingent upon the appropriation of necessary funds to carry out the provisions of this act.

Ratified the 5th day of June, 2001.

Approved the 31st day of August, 2001.