S*0062(Rat #0439, Act #0406 of 1996)  General Bill, By McConnell, Courson, 
Elliott, O'Dell, Rankin, M.T. Rose, Ryberg and Wilson
 A Bill to amend Section 24-3-20, as amended, Code of Laws of South Carolina,
 1976, relating to the confinement of prisoners, so as to provide that a
 prisoner who has been sentenced to imprisonment for more than three months who
 escapes or attempts to escape from custody under certain circumstances may not
 serve his sentence for the original conviction or an additional sentence for
 the escape or attempted escape in a minimum security facility and for a
 certain period and to delete an obsolete reference; and to amend Section
 24-13-410, as amended, relating to escaping or attempting to escape from
 prison, so as to revise the sentence.-amended title

   10/03/94  Senate Prefiled
   10/03/94  Senate Referred to Committee on Corrections and Penology
   01/10/95  Senate Introduced and read first time SJ-28
   01/10/95  Senate Referred to Committee on Corrections and Penology SJ-28
   04/11/95  Senate Committee report: Majority favorable with amend.,
                     minority unfavorable Corrections and Penology SJ-27
   01/25/96  Senate Amended SJ-27
   01/25/96  Senate Read second time SJ-27
   01/25/96  Senate Ordered to third reading with notice of
                     amendments SJ-27
   01/31/96  Senate Amended SJ-12
   01/31/96  Senate Read third time and sent to House SJ-12
   02/01/96  House  Introduced and read first time HJ-11
   02/01/96  House  Referred to Committee on Judiciary HJ-11
   05/02/96  House  Committee report: Favorable with amendment
                     Judiciary HJ-2
   05/08/96  House  Amended HJ-17
   05/08/96  House  Read second time HJ-18
   05/09/96  House  Read third time and returned to Senate with
                     amendments HJ-15
   05/28/96  Senate Concurred in House amendment and enrolled SJ-19
   05/30/96         Ratified R 439
   06/04/96         Signed By Governor
   06/04/96         Effective date 06/04/96
   06/27/96         Copies available
   06/27/96         Act No. 406

AN ACT TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFINEMENT OF PRISONERS, SO AS TO PROVIDE THAT A PRISONER WHO HAS BEEN SENTENCED TO IMPRISONMENT FOR MORE THAN THREE MONTHS WHO ESCAPES OR ATTEMPTS TO ESCAPE FROM CUSTODY UNDER CERTAIN CIRCUMSTANCES MAY NOT SERVE HIS SENTENCE FOR THE ORIGINAL CONVICTION OR AN ADDITIONAL SENTENCE FOR THE ESCAPE OR ATTEMPTED ESCAPE IN A MINIMUM SECURITY FACILITY FOR A CERTAIN PERIOD AND TO DELETE AN OBSOLETE REFERENCE; AND TO AMEND SECTION 24-13-410, AS AMENDED, RELATING TO ESCAPING OR ATTEMPTING TO ESCAPE FROM PRISON, SO AS TO REVISE THE SENTENCE.

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

Confinement of prisoners

SECTION 1. Section 24-3-20(A) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:

"(A) A person convicted of an offense against this State and sentenced to imprisonment for more than three months is in the custody of the South Carolina Department of Corrections, and the department shall designate the place of confinement where the sentence must be served. Nothing in this section prevents a court from ordering a sentence to run concurrently with a sentence being served in another state or an active federal sentence. The department may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a county jail or prison camp, whether maintained by the department, or otherwise. If the facility is not maintained by the department, the consent of the sheriff of the county where the facility is located must first be obtained. However, a prisoner who escapes or attempts to escape while assigned to medium, close, or maximum custody may not serve his sentence for the original conviction or an additional sentence for the escape or attempted escape in a minimum security facility for at least five years after the escape or attempted escape and one year before his projected release date."

Escaping or attempting to escape from prison

SECTION 2. Section 24-13-410 of the 1976 Code, as amended by Act 184 of 1993, is further amended to read:

"Section 24-13-410. (A) It is unlawful for a person, lawfully confined in prison or upon the public works of a county or while in the custody of a superintendent, guard, or officer, to escape, to attempt to escape, or to have in his possession tools or weapons which may be used to facilitate an escape.

(B) A person who violates this section is guilty of a felony and, upon conviction, must be imprisoned not more than fifteen years.

(C) The term of imprisonment is consecutive to the original sentence and to other sentences previously imposed upon the escapee by a court of this State. When the original sentence is three years or less, the sentence imposed in addition to any remaining unserved portion of the original sentence must not be longer than the original sentence.

(D) If the escapee is recaptured outside of this State, the term of imprisonment must be in addition to any remaining unserved portion of the original sentence and must not be less than one year nor more than fifteen years.

(E) This sentence is consecutive to other sentences previously imposed upon the escapee by any court of this State."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

Approved the 4th day of June, 1996.