H 3526 Session 112 (1997-1998)
H 3526 General Bill, By Fleming, Allison, Altman, Barfield, Barrett, Battle,
Bauer, Chellis, Cooper, Cotty, J.L.M. Cromer, Davenport, Harrell, Harrison,
Haskins, Hawkins, Hinson, Kelley, Klauber, Knotts, Koon, Law, L.H. Limbaugh,
Maddox, McKay, J.D. McMaster, Phillips, Quinn, Rice, Meacham, Riser, Robinson,
Rodgers, Sandifer, Seithel, Sharpe, Simrill, R. Smith, D. Smith, Stille, Stuart,
Tripp, Walker, Webb, Whatley, Witherspoon, Woodrum and W.J. Young
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
24-3-145 SO AS TO PROVIDE THAT A MEDICALLY-ABLED INMATES SENTENCED TO A
DEPARTMENT OF CORRECTIONS FACILITY MUST BE ASSIGNED TO A CHAIN GANG TO
MAINTAIN STATE PROPERTY AND TO PROVIDE THAT MEDICALLY-ABLED INMATES WHO REFUSE
TO BE ASSIGNED TO WORK ON A CHAIN GANG MUST BE PLACED IN SOLITARY CONFINEMENT;
TO AMEND SECTION 57-17-620, RELATING TO A COUNTY'S USE OF CHAIN GANGS, SO AS
TO PROVIDE THAT A COUNTY OR MUNICIPALITY MUST USE CHAIN GANGS TO WORK
HIGHWAYS, AND TO PROVIDE THAT MEDICALLY-ABLED INMATES WHO REFUSE TO WORK ON A
CHAIN GANG MUST BE PLACED IN SOLITARY CONFINEMENT.
02/25/97 House Introduced and read first time HJ-13
02/25/97 House Referred to Committee on Judiciary HJ-13
04/24/97 House Committee report: Favorable with amendment
Judiciary HJ-34
04/30/97 House Requests for debate-Rep(s). F. Smith, Scott,
Campsen, Fleming, Mack, J. Brown, Cato,
Davenport, Easterday, Clyburn, Stuart, Klauber,
Moody-Lawrence, Bailey, Woodrum & Simrill HJ-57
05/07/97 House Requests for debate removed-Rep(s). F. Smith,
Simrill, & Campsen HJ-78
05/14/97 House Amended HJ-50
05/14/97 House Read second time HJ-74
05/14/97 House Roll call Yeas-82 Nays-17 HJ-74
05/15/97 House Read third time and sent to Senate HJ-82
05/20/97 Senate Introduced and read first time SJ-11
05/20/97 Senate Referred to Committee on Corrections and Penology SJ-11
Indicates Matter Stricken
Indicates New Matter
AMENDED
May 14, 1997
H. 3526
Introduced by Reps. Fleming, Barfield, Koon, Barrett, Altman,
Chellis, Allison, Rodgers, Simrill, Young, Seithel, McKay, Sandifer,
Maddox, Woodrum, Hinson, Knotts, Cotty, Cooper, Whatley,
Witherspoon, Stuart, Kelley, Limbaugh, R. Smith, Cromer,
Robinson, Rice, Law, Hawkins, Walker, Sharpe, D. Smith, Harrell,
Harrison, Webb, Phillips, McMaster, Tripp, Riser, Klauber, Quinn,
Meacham, Stille, Bauer, Haskins, Battle and Davenport
S. Printed 5/14/97--H.
Read the first time February 25, 1997.
STATEMENT OF ESTIMATED FISCAL
IMPACT
Not Determinable
South Carolina Department of Corrections (SCDC):
Considerable changes in SCDC operations will be necessary if the
provisions of this bill are intended to replace the current inmate work
program in SCDC with chain gang activities. Currently inmates are
assigned duties other than property maintenance. Data to determine
the number of inmates who would participate and the number solitary
confinement buildings needed cannot be determined at this time.
In a survey of eleven counties four counties estimated costs ranging
from $268,000 to $800,000 for a total of $1,904,500. One county
provided that the cost to their county would be significant but could
not estimate the amount.
Section 4-9-55 provides that laws having a fiscal impact of more
than ten cents per capita requires approval by two-thirds of the
members voting in each house of the General Assembly.
The S.C. Department of Corrections states that leg irons for inmates
are estimated to cost $25.92 each. The cost for construction of
various administrative segregation units completed for SCDC during
the past five years have ranged from $107 to $150 per square foot.
Approved By:
Michael L. Shealy
Office of State Budget
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 24-3-145 SO AS TO PROVIDE
THAT MEDICALLY-ABLED INMATES SENTENCED TO A
DEPARTMENT OF CORRECTIONS FACILITY MUST BE
ASSIGNED TO A CHAIN GANG TO MAINTAIN STATE
PROPERTY AND TO PROVIDE THAT MEDICALLY-ABLED
INMATES WHO REFUSE TO BE ASSIGNED TO WORK ON A
CHAIN GANG MUST BE PLACED IN SOLITARY
CONFINEMENT; TO AMEND SECTION 57-17-620, RELATING
TO A COUNTY'S USE OF CHAIN GANGS, SO AS TO PROVIDE
THAT A COUNTY OR MUNICIPALITY MUST USE CHAIN
GANGS TO WORK HIGHWAYS, AND TO PROVIDE THAT
MEDICALLY-ABLED INMATES WHO REFUSE TO WORK ON
A CHAIN GANG MUST BE PLACED IN SOLITARY
CONFINEMENT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 24-13-70. The Director of the Department of
Corrections and a person charged with the operation of a detention
facility:
(1) shall require convicted prisoners in an institution of the State
Department of Corrections or a county jail to engage in a work
program unless considered a security risk or physically or mentally
incapacitated;
(2) shall require that no cable television is provided to inmates,
that inmates are encouraged to view educational programs, and that
programs of a violent nature are not allowed; and
(3) may assign inmates convicted of nonviolent offenses, or
eligible for custody in minimum security institutions, to work on
chain gangs, with or without shackles."
SECTION 2. Section 24-3-40 of the 1976 Code, as last amended
by Section 54, Part II, 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
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.
The director of the Department of Corrections shall deduct
those amounts, if any, required by law for federal and state tax
withholdings and then shall distribute the balance as follows:
(1) If restitution to a particular victim or victims has been order
by the court, then thirty-five 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 thirty-five
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 thirty-five
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 thirty-five percent
referred to in subsection (1) above 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.
(3) In addition to the restitution payments of subsections (1) and
(2) above, five percent must be deposited 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.
(4) Twenty 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
appropriate clerks of court for application toward payment of child
support obligations. If there are no child support obligations, then
one-half of the twenty percent referred to in this subsection must be
used by the Department of Corrections to defray the cost of the
prisoner's room and board. This is in addition to the twenty percent
used for the same purpose in subsection (5) below. Furthermore, if
there are no child support obligations, then the other half of the
twenty percent referred to in this subsection must be held in an
escrow account for the benefit of the prisoner. This is in addition to
the ten percent used for the same purpose in subsection (7) below.
(5) Twenty percent must be used by the Department of
Corrections to defray the cost of the prisoner's room and board.
(6) Ten percent must be available to the inmate during his
incarceration for the purchase of incidentals.
(7) Ten percent must be held in an escrow account for the
benefit of the prisoner.
(B) The Department of Corrections shall return a prisoner's wages
held in escrow pursuant to (A)(4) and (A)(7) of this section as
follows:
(1) A prisoner released without community supervision must be
given escrowed wages upon his release.
(2) A prisoner serving life in prison shall have his escrowed
wages included in his estate upon death.
(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 dispersed 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 disperse any balance
to the prisoner at the end of the supervision period."
SECTION 3. Section 24-13-80 of the 1976 Code, as last amended
by Section 44, Part II, Act 7 of 1995, is further amended to read:
"Section 24-13-80. (A) As used in this section:
(1) 'Detention facility' means a municipal or county jail or state
correctional facility used for the detention of persons charged with or
convicted of a felony, misdemeanor, municipal offense, or violation
of a court order.
(2) 'Inmate' means a person who is detained in a detention
facility by reason of being charged with or convicted of a felony, a
misdemeanor, a municipal offense, or violation of a court order.
(3) 'Medical treatment' means each visit initiated by the inmate
to an institutional physician, physician's extender including a
physician's assistant or a nurse practitioner, dentist, optometrist, or
psychiatrist for examination or treatment.
(4) 'Administrator' means the county administrator, city
administrator, or the chief administrative officer of a county or
municipality.
(5) 'Director' means the agency head of the Department of
Corrections.
(B) The administrator or director, whichever is appropriate, may
establish, by rules, criteria for a reasonable deduction from money
credited to the account of an inmate to:
(1) repay the costs of:
(a) public property wilfully damaged or destroyed by the
inmate during his incarceration;
(b) medical treatment for injuries inflicted by the inmate upon
himself or others;
(c) searching for and apprehending the inmate when he
escapes or attempts to escape. The costs must be limited to those
extraordinary costs incurred as a consequence of the escape; or
(d) quelling a riot or other disturbance in which the inmate is
unlawfully involved;
(2) defray the costs paid by a municipality or county for elective
medical treatment for an inmate, which has been requested by him,
if the deduction does not exceed five dollars for each occurrence of
treatment received by the inmate at the inmate's request. If the
balance in an inmate's account is five dollars or less, the fee must not
be charged. This item does not apply to medical costs incurred as a
result of injuries sustained by an inmate or other medically necessary
treatment for which that inmate is determined not to be responsible.
(C) All sums collected for medical treatment must be reimbursed
to the inmate if the inmate is acquitted or otherwise exonerated of all
charges for which the inmate was being held.
(D) The detention facility may initiate an action for collection of
recovery of medical costs incurred pursuant to this section against an
inmate upon his release or his estate if the inmate was executed or
died while in the custody of the detention facility.
(6) 'Assets' means property, tangible or intangible, real or
personal, belonging to or due an inmate or a former inmate, including
income or payments to the inmate from the Social Security
Administration, Workers' Compensation Commission, Veterans'
Administration, pension benefits, previously earned salary or wages,
bonuses, annuities, retirement benefits, or from another source
including the following:
(a) monies or other tangible assets received by the inmate as
a result of a settlement of a claim against the State, a state agency, or
a claim against an employee or independent contractor arising from
and in the scope of the employee's or independent contractor's
official duties to the State or a state agency;
(b) a money judgment received by the inmate from the State
as a result of a civil action in which the State, a state agency, or a
state employee, or independent contractor where the judgment arose
from a claim arising from the conduct of official duties on behalf of
the State by the employee, a subcontractor, or for a state agency;
(c) a current stream of income from any source including a
salary, wage, disability, retirement, pension, insurance, or annuity
benefit, or similar payments.
(7) 'Assets' shall not include:
(a) the homestead of the inmate up to fifty thousand dollars
in value; or
(b) monies saved by the inmate from wages and bonuses up
to two thousand five hundred dollars paid the inmate while he is
confined in a detention facility.
(8) 'Cost of care' means the cost to the department for
providing transportation, room, board, clothing, security, medical,
and other living expenses of inmates under the jurisdiction of the
department, as determined by the director.
(9) 'Department' means the Department of
Corrections.
(B) The department shall develop a form which must be used by
the department to obtain information from an inmate regarding his
assets.
(C) The form must be submitted to each inmate sentenced to
imprisonment under the jurisdiction of the department. The form
may be resubmitted to an inmate by the department for purposes of
obtaining current information regarding assets of the inmate.
(D) An inmate shall complete the form and shall swear or affirm
under oath that to the best of his knowledge the information provided
is complete and accurate. An inmate who knowingly provides false
information on the form to the department is guilty of the crime of
false swearing as contained in Section 16-9-30.
(E) Failure by an inmate to fully, adequately, and correctly
complete the form may be considered by the Department of
Probation, Parole and Pardon Services for purposes of a parole, and
in determining an inmate's parole eligibility, and constitutes
sufficient grounds for denial of parole.
(F) Before the release of an inmate from imprisonment, and before
his release from the jurisdiction of the department, the department
shall request from the inmate an assignment of ten percent of his
wages, salary, benefits, or payments from any source. The
assignment is valid for the greater period of five years from the date
of its execution, or five years from the date that the inmate is released
from the jurisdiction of the department. The assignment shall secure
payment of the total cost of care of the inmate executing the
assignment.
(G) The director shall forward to the Attorney General a report on
an inmate containing a completed form with all other information
available on the assets of the inmate and an estimate of the total cost
of care for the inmate.
(H) The Attorney General may investigate all reports furnished
pursuant to the provisions of subsection (G). The investigation may
include obtaining information from any source that may have
relevant information concerning an inmate's assets. The director
shall provide all information possessed by the department and its
divisions and agencies, upon request of the Attorney General, in
order to assist the Attorney General in completing his duties pursuant
to this section.
(I) If the Attorney General, upon completing the investigation
under subsection (H), has good cause to believe that an inmate or
former inmate has sufficient assets to recover the lesser of not less
than ten percent of the estimated cost of care of the inmate or ten
percent of the estimated cost of care of the inmate for two years, or
has a stream of income sufficient to pay these amounts within a
five-year period, the Attorney General may seek to secure
reimbursement for the expense of the State for the cost of care of the
inmate or former inmate.
(J) The Attorney General, or his designee, shall not bring an
action pursuant to this section against an inmate or former inmate
after the expiration of five years after his release from the jurisdiction
of the department.
(K) Not more than ninety percent of the value of the assets of an
inmate may be used for purposes of securing costs and
reimbursement pursuant to the provisions of this section.
(L) The amount of reimbursement sought from an inmate must not
be in excess of the per capita cost for care for maintaining inmates in
the detention facility in which the inmate is housed for the period the
inmate is housed in a detention facility.
(M) The court of common pleas has exclusive jurisdiction over all
proceedings seeking reimbursement from inmates pursuant to the
provisions of this section. The Attorney General may file a
complaint in the court of common pleas in the county from which an
inmate was sentenced or in Richland County against any inmate
under the jurisdiction of the department stating that:
(1) the inmate is or has been an inmate in a detention facility;
(2) that is good cause to believe that the inmate has assets; and
(3) the assets be used to reimburse the State for the expenses
incurred or to be incurred, or both, by the State for the cost of care of
the inmate.
(N) Upon the filing of a complaint under subsection (M), the court
shall issue an order to show cause why the prayer of the complainant
should not be granted. The complaint and order must be served upon
the inmate personally, or, if the inmate is confined in a detention
facility, by registered mail addressed to the inmate in care of the chief
administrator of the detention facility where the inmate is housed, at
least thirty days before the date of hearing on the complaint and
order.
(O) At the time of the hearing on the complaint and order, if it
appears that the inmate has any assets which ought to be subjected to
the claim of the State pursuant to the provisions of this section, the
court shall issue an order requiring a person, corporation, or other
legal entity possessing or having custody of the assets, to apply the
assets or a portion of them to satisfy the claim.
(P) At the hearing on the complaint and order and before entering
an order on behalf of the State against the defendant, the court shall
take into consideration any legal obligation of the defendant to
support a spouse, minor children, or other dependents and any moral
obligation to support dependents to whom the defendant is providing
or has provided support.
(Q) If the person, corporation, or other legal entity neglects or
refuses to comply with an order issued pursuant to subsection (O), the
court shall order the person, corporation, or other legal entity to
appear before the court to show cause why the person, corporation,
or other legal entity should not be considered in contempt of court.
(R) If the court finds the assets of the inmate are sufficient to pay
the cost of the proceedings under the provisions of this section, the
inmate is liable for those costs upon order of the court.
(S) Except as provided in subsection (O), the Attorney General
may use any remedy, interim order, or enforcement procedure under
the law including an ex parte restraining order to restrain the inmate
or another person or legal entity in possession or having custody of
the estate of the inmate from disposing of property in avoidance of an
order issued pursuant to the provisions of this section.
(T) The court, upon request, may appoint a receiver to protect and
maintain assets pending resolution of proceedings initiated pursuant
to the provisions of this section.
(U) The Attorney General, or his designee, shall not enforce a
judgment obtained pursuant to the provisions of this section by means
of execution against the homestead of the inmate.
(V) The state's right to recover the cost of incarceration pursuant
to an order issued pursuant to the provisions of this section shall have
priority over all other liens, debts, or other encumbrances against real
property or any other assets which are part of an inmate's estate,
except for those items contained in Section 24-3-40.
(W) The sentencing judge, the sheriff, the county or city, the chief
administrator of the detention facility, and the State Treasurer shall
furnish to the Attorney General, or his designee, all information and
assistance possible to enable the Attorney General, or his designee,
to secure reimbursement for the State pursuant to the provisions of
this section.
(X) Notwithstanding the provisions of another law protecting the
confidentiality of information possessed by the State, the Secretary
of State, the Director of the Department of Revenue, the Director of
the Department of Social Services, the Director of the Department of
Corrections, the Director of the Department of Labor, Licensing and
Regulation, and the Director of the Department of Public Safety shall
provide the Attorney General or prosecuting attorney with all
information requested pursuant to the provisions of this section.
(Y) A county or municipal official having custody of records of the
estate or real property of an inmate or former inmate shall surrender
the records or certified copies of them without fee to the Attorney
General, or his designee, upon request pursuant to the provisions of
this section.
(Z) The cost of an investigation under this section must be paid
from the reimbursements secured under this section. The
investigative costs are presumed to be twenty percent of the
reimbursement recovered, unless the Attorney General demonstrates
to the court otherwise. All reimbursements collected must be paid
the 'Inmate Incarceration Reimbursement Act Revolving Fund',
which is hereby established in the State Treasurer's Office. Monies
in this fund must be appropriated to the Attorney General in order to
defray the costs of the Attorney General, or his designee in
connection with his duties under this section. All remaining balances
in the fund must be appropriated to the department for purposes of
construction and operation of state correctional facilities. Monies in
the fund shall not lapse, be transferred, or appropriated to or placed
to the credit of the general revenue fund or any other fund of the
State."
(AA) The Director of the Department of Corrections shall
perform a study of potential cost savings and efficacy of
implementing a policy of feeding "meals ready to eat" (MRE's) to
inmates in the correctional institutions and shall forward such report
to the House and Senate by January 1, 1998.
SECTION 4. This act takes effect upon approval by the Governor.
-----XX----- |