S 1025  General Bill, By Anderson
 A BILL TO AMEND SECTION 24-3-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR PERSONS CONVICTED OF
 OFFENSES AGAINST THE STATE, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO
 DESIGNATE AS THE CONVICTED PERSON'S PLACE OF CONFINEMENT THE INSTITUTION OR
 FACILITY CLOSEST TO THE CONVICTED PERSON'S HOME UNLESS THE CLOSEST FACILITY OR
 INSTITUTION IS NOT SUITABLE OR APPROPRIATE FOR CONFINEMENT OF THE PERSON FOR
 SECURITY REASONS.
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   02/12/98  Senate Introduced and read first time SJ-3
   02/12/98  Senate Referred to Committee on Corrections and Penology SJ-3
   03/10/98  Senate Committee report: Favorable with amendment
                     Corrections and Penology SJ-18
   03/17/98  Senate Amended SJ-24
   03/17/98  Senate Read second time SJ-24
   03/17/98  Senate Unanimous consent for third reading on next
                     legislative day SJ-24
   03/18/98  Senate Read third time and sent to House SJ-17
   03/19/98  House  Introduced and read first time HJ-4
   03/19/98  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-4
   04/08/98  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-8
   04/14/98  House  Amended HJ-36
   04/14/98  House  Read second time HJ-37
   04/15/98  House  Read third time and returned to Senate with
                     amendments HJ-23
   05/27/98  Senate Non-concurrence in House amendment SJ-39
   05/28/98  House  House insists upon amendment and conference
                     committee appointed Reps.  Howard, Askins &
                     McGee HJ-125
   06/04/98  Senate Conference committee appointed  Sens. Anderson,
                     Wilson, Giese SJ-201

AMENDED

April 14, 1998

S. 1025

S. Printed 4/14/98--H.

Read the first time March 19, 1998.

A BILL

TO AMEND SECTION 24-3-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DESIGNATE AS THE CONVICTED PERSON'S PLACE OF CONFINEMENT THE INSTITUTION OR FACILITY CLOSEST TO THE CONVICTED PERSON'S HOME UNLESS THE CLOSEST FACILITY OR INSTITUTION IS NOT SUITABLE OR APPROPRIATE FOR CONFINEMENT OF THE PERSON FOR SECURITY REASONS.

Amend Title To Conform

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

SECTION 1. Section 24-3-30 of the 1976 Code is amended to read:

"Section 24-3-30. (A) Notwithstanding the provisions of Section 24-3-10 or another provision of law, a person convicted of an offense against the State must be in the custody of the Department of Corrections of the State, and the department shall designate the place of confinement where the sentence must be served. The department may designate as a place of confinement an available, a suitable, and an appropriate institution or facility including, but not limited to, a county jail or work camp whether maintained by the Department of Corrections, or otherwise. However, the consent of the officials in charge of the county institutions so designated must be obtained first. If imprisonment for three months or less is ordered by the court as the punishment, all persons so convicted must be placed in the custody, supervision, and control of the appropriate officials of the county in which the sentence was pronounced, if the county has facilities suitable for confinement. A county or municipality, through mutual agreement or contract, may arrange with another county or municipality or a local regional correctional facility for the detention of its prisoners. The Department of Corrections must be notified by the county officials concerned not less than six months before the closing of a county prison facility which would result in the transfer of the prisoners of the county facility to facilities of the department.

(B) The department may consider proximity to the home of a person convicted of an offense against the State in designating the place of his confinement if this placement does not jeopardize security as determined by the department. Proximity to a convicted person's home does not have precedence over departmental criteria for institutional assignment.

(C) Each county administrator, or the equivalent, having charge of county prison facilities, upon the department's designating the county facilities as the place of confinement of a prisoner, may use the prisoner assigned to them for the purpose of working the roads of the county or other public work. A prisoner so assigned to the county must be under the custody and control of the administrator or the equivalent during the period to be specified by the director at the time of the prisoner's assignment, but the assignment must be terminated at any time the director determines that the place of confinement is unsuitable or inappropriate, or that the prisoner is employed on other than public works. If, upon termination of the assignment, the prisoner is not returned, habeas corpus lies."

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