S*588 Session 107 (1987-1988)
S*0588(Rat #0250, Act #0177 of 1987) General Bill, By
Senate Corrections and Penology
A Bill to amend Sections 24-3-310 and 24-3-400, Code of Laws of South
Carolina, 1976, relating to prison industries, so as to declare the further
intent in the employment of convict labor is to place inmates in a realistic
working environment and to require the Board of Corrections to place not less
than five percent nor more than twenty percent of gross wages paid inmates
with the State Treasurer for use in the Victim Assistance Program and other
self-sustaining programs; and to amend the 1976 Code by adding Section
24-3-315 so as to provide that inmate participation in any prison industry
program be on a voluntary basis and that the inmate does not displace employed
workers or receive less pay for work of a similar nature.
03/26/87 Senate Introduced, read first time, placed on calendar
without reference SJ-1053
03/31/87 Senate Read second time SJ-1087
03/31/87 Senate Ordered to third reading with notice of
amendments SJ-1087
04/01/87 Senate Read third time and sent to House SJ-1118
04/02/87 House Introduced and read first time
04/02/87 House Referred to Committee on Ways and Means
04/16/87 House Committee report: Favorable Ways and Means HJ-1960
04/22/87 House Objection by Rep. J. Bradley, Mappus & Foxworth HJ-2082
05/28/87 House Special order
06/02/87 House Read second time HJ-3474
06/03/87 House Read third time and enrolled HJ-3581
06/25/87 Ratified R 250
06/30/87 Signed By Governor
07/09/87 Effective date 06/30/87
07/09/87 Act No. 177
07/13/87 Copies available
(A177, R250, S588)
AN ACT TO AMEND SECTIONS 24-3-310 AND 24-3-400, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO PRISON INDUSTRIES, SO AS TO DECLARE THE FURTHER INTENT IN THE
EMPLOYMENT OF CONVICT LABOR IS TO PLACE INMATES IN A REALISTIC WORKING
ENVIRONMENT AND TO REQUIRE THE BOARD OF CORRECTIONS TO PLACE NOT LESS THAN FIVE
PERCENT NOR MORE THAN TWENTY PERCENT OF GROSS WAGES PAID INMATES WITH THE STATE
TREASURER FOR USE IN THE VICTIM ASSISTANCE PROGRAM AND OTHER SELF-SUSTAINING
PROGRAMS; AND TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-315 SO AS TO PROVIDE
THAT INMATE PARTICIPATION IN ANY PRISON INDUSTRY PROGRAM BE ON A VOLUNTARY BASIS
AND THAT THE INMATE DOES NOT DISPLACE EMPLOYED WORKERS OR RECEIVE LESS PAY FOR
WORK OF A SIMILAR NATURE.
Be it enacted by the General Assembly of the State of South Carolina:
Declaration of intent
SECTION 1. Section 24-3-310 of the 1976 Code is amended to read:
"Section 24-3-310. Since the means now provided for the employment of
convict labor is inadequate to furnish a sufficient number of convicts with
employment it is the intent of this article to:
(1) further provide more adequate, regular, and suitable employment for the
convicts of this State, consistent with proper penal purposes;
(2) further utilize the labor of convicts for self-maintenance and for
reimbursing this State for expenses incurred by reason of their crimes and
imprisonment;
(3) effect the requisitioning and disbursement of prison products directly
through established state authorities with no possibility of private profits
therefrom; and
(4) provide prison industry projects designed to place inmates in a realistic
working and training environment in which they are able to acquire marketable
skills and to make financial payments for restitution to their victims, for
support of their families, and for the support of themselves in the
institution."
Prison industry program
SECTION 2. The 1976 Code is amended by adding:
"Section 24-3-315. The Board of Corrections shall ensure that inmates
participating in any prison industry program pursuant to the Justice Assistance
Act of 1984 is on a voluntary basis. The board must determine prior to using
inmate labor in a prison industry project that it will not displace employed
workers, that the locality does not have a surplus of available labor for the
skills, crafts, or trades that would utilize inmate labor, and that the rates of
pay and other conditions of employment are not less than those paid and provided
for work of similar nature in the locality in which the work is performed."
Prison Industries Account
SECTION 3. Section 24-3-400 of the 1976 Code is amended to read:
"Section 24-3-400. All monies collected by the State Board of Corrections
from the sale or disposition of articles and products manufactured or produced
by convict labor, in accordance with the provisions of this article, must be
forthwith deposited with the State Treasurer to be kept and maintained as a
special revolving account designated 'Prison Industries Account', and the monies
so collected and deposited must be used solely for the purchase of manufacturing
supplies, equipment, machinery, and buildings used to carry out the purposes of
this article, as well as for the payment of the necessary personnel in charge,
and to otherwise defray the necessary expenses incident thereto and to discharge
any existing obligation to the Sinking Funds and Property Division of the State
Budget and Control Board, all of which must be under the direction and subject
to the approval of the State Board of Corrections. The Board of Corrections
shall contribute an amount of not less than five percent nor more than twenty
percent of the gross wages paid to inmate workers participating in any prison
industry project established pursuant to the Justice Assistance Act of 1984 (P.L.
98-473) 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 (P.L. 98-473, Title 2, Chapter 14,
Section 1404). The Prison Industries Account must never be maintained in excess
of the amount necessary to efficiently and properly carry out the intentions of
this article. When, in the opinion of the Board of Corrections, the Prison
Industries Account has reached a sum in excess of the requirements of this
article, the excess must be used by the Board of Corrections for operating
expenses and permanent improvements to the state prison system, subject to the
approval of the State Budget and Control Board."
Time effective
SECTION 4. This act takes effect upon approval by the Governor. |