H*4757 Session 114 (2001-2002) H*4757(Rat #0360, Act #0283 of 2002) General Bill, By Harrison VERSIONS OF THIS BILL
April 2, 2002 April 3, 2002 April 30, 2002 April 30, 2002-A May 1, 2002 May 13, 2002 (A283, R360, H4757) AN ACT TO AMEND SECTION 23-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE CHARGE AND CONTRACTUAL PROCEDURE BY ALLOWING SHERIFFS, JAILERS, AND MUNICIPALITIES TO CHARGE AN AMOUNT PER DAY AS PROVIDED BY CONTRACTUAL AGREEMENT WITH THE APPROPRIATE FEDERAL AUTHORITY FOR EACH PERSON COMMITTED TO A JAIL OR ANOTHER DETENTION FACILITY EITHER AS A PRETRIAL FEDERAL DETAINEE, PENDING A JUDICIAL HEARING OR ACTION, AS A FEDERAL PRISONER IN TRANSIT FROM OR AWAITING TRANSFER TO ANOTHER INSTITUTION, OR AS A FEDERAL INMATE SERVING A SENTENCE IMPOSED BY THE UNITED STATES COURTS, TO DELETE THE PROVISION THAT ALLOWS A PORTION OF THE CHARGE TO BE USED BY THE COUNTY JAIL, TO PROVIDE THAT THE CONTRACT MUST BE SIGNED BY THE SHERIFF IF HE IS RESPONSIBLE FOR OPERATING A COUNTY JAIL OR DETENTION FACILITY USED TO HOUSE FEDERAL DETAINEES, PRISONERS, OR INMATES, AND TO PROVIDE THAT ANY EXPENDITURE OF MONIES CONTAINED IN THIS SECTION MUST BE MADE IN ACCORDANCE WITH THE ESTABLISHED PROCUREMENT PROCEDURES OF THE LOCAL GOVERNMENT WHICH HAS BUDGET APPROPRIATION AUTHORITY FOR THE JAIL OR DETENTION FACILITY. Be it enacted by the General Assembly of the State of South Carolina: Charges for housing federal prisoners SECTION 1. Section 23-19-20 of the 1976 Code is amended to read: "Section 23-19-20. (A) The sheriffs or jailers of the respective counties of this State may charge an amount per day as provided by contractual agreement with the appropriate federal authority for each person committed to the county jail or another detention facility as a pre-trial federal detainee, pending a judicial hearing or action, as a federal prisoner in transit from or awaiting transfer to another institution, or as a federal inmate serving a sentence imposed by the United States courts. (B) A contract with the appropriate federal authority for the housing of federal detainees, prisoners, or inmates by a county of this State must also be signed by the sheriff if he is responsible for operating the county jail or detention facility. (C) A municipality which operates a jail or detention facility may charge an amount per day as provided by contractual agreement with the appropriate federal authority for each person committed to the jail or detention facility as a pre-trial federal detainee pending a judicial hearing or action, as a federal prisoner in transit from or awaiting transfer to another institution, or as a federal inmate serving a sentence imposed by the United States courts. (D) Any expenditure of the monies contained in this section must be made in accordance with the established procurement procedures of the local government having budget appropriation authority for the jail or detention facility." Time effective SECTION 2. This act takes effect upon approval by the Governor. Ratified the 22nd day of May, 2002. Approved the 28th day of May, 2002.
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