S 0129 General Bill, By Land
 A Bill to amend Section 24-3-410, Code of Laws of South Carolina, 1976,
 relating to the prohibition on the sale of products manufactured or produced
 by inmates and exceptions, so as to provide for additional exception.

   09/17/90  Senate Prefiled
   09/17/90  Senate Referred to Committee on Corrections and Penology
   01/08/91  Senate Introduced and read first time SJ-58
   01/08/91  Senate Referred to Committee on Corrections and Penology SJ-58

A BILL

TO AMEND SECTION 24-3-410, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PROHIBITION ON THE SALE OF PRODUCTS MANUFACTURED OR PRODUCED BY INMATES AND EXCEPTIONS, SO AS TO PROVIDE FOR ADDITIONAL EXCEPTION.

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

SECTION 1. Section 24-3-410 of the 1976 Code is amended to read:

"Section 24-3-410. (A) It shall be is unlawful to sell or offer for sale on the open market of this State any articles or products manufactured or produced wholly or in part by convicts or prisoners inmates in this or any other another state, except convicts or prisoners.

(B) The provisions of this section do not apply to:

(1) articles manufactured or produced by persons on parole or probation, and except the following agricultural products: Cattle;

(2) the production of cattle, cotton, Turkish tobacco (Turkish), soybeans, and wheat; provided, however, that this section shall not apply to

(3) products sold by the Department of Corrections which are made by inmates in the hobbycraft program; provided, further, that the provisions of this section shall not apply to any prisoner-made

(4) articles or products sold to nonprofit corporations incorporated under the provisions of Article 1, Chapter 31, of Title 33, or to organizations operating in this State which have been granted an exemption under Section 501(c) of the Internal Revenue Code of 1954 1986; provided, further that the provisions of this section shall not apply to prisoner-made

(5) road and street designation signs sold to private developers; and provided, further, that the provisions of this section shall not apply to any prisoner-made

(6) articles or products made in an adult work activity center established by the Department of Corrections through contract contracts with private sector business businesses which centers provide work and vocational training opportunities for the physically handicapped, mentally retarded, or aged inmates where the compensation is paid by the private sector business to the prisoner inmate on a piece completed basis.;

(7) products sold intrastate or interstate produced by inmates of the Department of Corrections employed in a federally certified private sector/prison industries program if the inmate workers participate voluntarily, receive comparable wages, and the work does not displace employed workers. For purposes of this item, 'products' does not include goods and Standard Industrial Classification Code 27.

(C) Any A person violating the provisions of this section shall be deemed is guilty of a misdemeanor and, upon conviction, shall must be punished by a fine of fined not less than two hundred dollars, nor more than five thousand dollars, or by imprisonment in jail imprisoned for not less than three months nor more than one year, or both. Each such sale or offer for sale shall constitute is a separate offense under this section. Proceeds of the sale of all agricultural products, when produced by an instrumentality under control of the State Board of Corrections, shall must be applied as provided in Section 24-1-250."

SECTION 2. This act takes effect upon approval by the Governor.