H*2884 Session 104 (1981-1982)
H*2884(Rat #0266, Act #0181 of 1981) General Bill, By D. Blackwell,
P.T. Bradley, R.L. Cobb, H.C. Granger, S.H. Howard, B.E. Huff, T.M. Marchant,
T.W. Mitchell, L. Phillips, J.L. Rampey, R.L. Rigdon and Wilkins
Similar(S 469)
A Bill to amend Sections 24-3-30 and 24-9-20, both as amended, Code of Laws of
South Carolina, 1976, relating to the designation of places of confinement of
prisoners by the Board of Corrections and to the Jail Inspection System, so as
to provide that the Board shall not be limited to the county jail or work camp
as confinement facilities and to provide that inspection of jails shall also
include facilities housing pretrial detainees.-at
04/23/81 House Introduced, read first time, placed on calendar
without reference HJ-2013
04/29/81 House Amended HJ-2113
04/29/81 House Read second time HJ-2114
04/30/81 House Read third time and sent to Senate HJ-2155
04/30/81 Senate Introduced and read first time SJ-14
04/30/81 Senate Referred to Committee on Corrections and Penology SJ-14
07/15/81 Senate Committee report: Favorable Corrections and
Penology SJ-43
07/16/81 Senate Read second time SJ-27
09/16/81 Senate Read third time and enrolled SJ-28
09/18/81 House Ratified R 266 HJ-4737
09/23/81 Signed By Governor
09/23/81 Effective date 09/23/81
09/23/81 Act No. 181
09/30/81 Copies available
(A181, R266, H2884)
AN ACT TO AMEND SECTIONS 24-3-30 AND 24-9-20, BOTH AS AMENDED, CODE OF LAWS OF
SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT OF
PRISONERS BY THE BOARD OF CORRECTIONS AND TO THE JAIL INSPECTION SYSTEM, SO AS
TO PROVIDE THAT THE BOARD SHALL NOT BE LIMITED TO THE COUNTY JAIL OR WORK CAMP
AS CONFINEMENT FACILITIES AND TO PROVIDE THAT INSPECTION OF JAILS SHALL ALSO
INCLUDE FACILITIES HOUSING PRETRIAL DETAINEES.
Be it enacted by the General Assembly of the State of South Carolina:
Board of Corrections to designate place of confinement
Section 1. The first paragraph of Section 24-3-30 of the 1976 Code is amended
by adding "but not limited to" after "including" on line
eight. The section when amended shall read:
"Section 24-3-30. Notwithstanding the provisions of Section 24-3-10 of
the 1976 Code, or any other provision of law, any person convicted of an offense
against the State of South Carolina shall be in the custody of the Board of
Corrections of the State of South Carolina, and the Board shall designate the
place of confinement where the sentence shall be served. The Board may designate
as a place of confinement any available, suitable and appropriate institution or
facility, including but not limited to a county jail or work camp whether
maintained by the State Department of Corrections or otherwise, but the consent
of the officials in charge of the county institutions so designated shall be
first obtained. Provided, that if imprisonment for three months or less is
ordered by the court as the punishment, all persons so convicted shall be placed
in the custody, supervision and control of the appropriate officials of the
county wherein the sentence was pronounced, if such county has facilities
suitable for confinement. Provided, further, that the Department of Corrections
shall be notified by the county officials concerned not less than six months
prior to the closing of any county prison facility which would result in the
transfer of the prisoners of the county facility to facilities of the
Department."
Inspection of every facility in State housing prisoners
Section 2. Section 24-9-20 of the 1976 Code, as last amended by Section 1 of
Act 419 of 1980, is further amended to read:
"Section 24-9-20. The Division shall be responsible for inspecting, in
conjunction with a representative of the State Fire Marshal, at least annually
every facility in this State housing prisoners or pretrial detainees operated by
a state agency, county, municipality, or any other political subdivision, and
such inspection shall include all phases of operation and fire safety of the
respective facilities. The inspection shall be based on standards established
by the South Carolina Association of Counties and adopted by the Board of
Corrections, and appropriate fire codes and regulations. The Division and the
inspecting fire marshal shall each prepare a written report on the conditions of
the inspected facility. Copies of the reports shall be filed with the governing
body of the political subdivision having jurisdiction of the facility inspected,
the State Fire Marshal, the governing body of the county, and the county
legislative delegation in which such facility is located. All reports shall be
filed through the Commissioner of the Department of Corrections."
Time effective
Section 3. This act shall take effect upon approval by the Governor. |