H 4447 Concurrent Resolution, By J.W. Tucker, T.F. Rogers and C.Y. Waites
 A Concurrent Resolution to request the Attorney General of South Carolina, in
 consultation with the Director of the Department of Corrections and other
 necessary state officials, to seek that relief he considers appropriate and
 attainable from the requirements of the consent decree in the case of "Nelson
 V. Leeke".

   01/12/94  House  Introduced HJ-8
   01/12/94  House  Referred to Committee on Judiciary HJ-8

A CONCURRENT RESOLUTION

TO REQUEST THE ATTORNEY GENERAL OF SOUTH CAROLINA, IN CONSULTATION WITH THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS AND OTHER NECESSARY STATE OFFICIALS, TO SEEK THAT RELIEF HE CONSIDERS APPROPRIATE AND ATTAINABLE FROM THE REQUIREMENTS OF THE CONSENT DECREE IN THE CASE OF NELSON V. LEEKE.

Whereas, on January 8, 1985, in the case of Gary Wayne Nelson, et al., vs. William D. Leeke, Commissioner, South Carolina Department of Corrections, and Members of South Carolina Board of Corrections, a consent decree was entered into which obligated the State of South Carolina acting through the Department and Board of Corrections to take certain actions to alleviate the problems caused by prison overcrowding in this State; and

Whereas, this consent decree contained many varied and comprehensive provisions including those relating to:

(1) a minimum amount of square feet of sleeping space per inmate and a prohibition against double and triple-celling under certain conditions;

(2) restrictions on ward or cubicle-style housing and restrictions on areas deemed suitable for housing of inmates;

(3) restrictions on the use of temporary structures for housing inmates;

(4) a maximum count on the number of prisoners then existing facilities may house, the maximum count for future housing, and a schedule for renovating existing facilities and for construction of new facilities;

(5) staffing and training requirements of employees for safety and security purposes;

(6) required standards for health and food services for inmates; and

(7) vocational training programs for inmates and special standards for female inmates under certain circumstances; and

Whereas, the State of South Carolina and the Department of Corrections, since the execution of this consent decree, have made a good faith effort with all the resources available to comply with the terms of the decree; and

Whereas, the problem of prison overcrowding is nevertheless not improving. Corrections officials estimate that the institutional population of the Department of Corrections is growing at a rate of one hundred fifty inmates per month, may increase more rapidly than this with the addition of new circuit judges, and by 1997 will rise to twenty-three thousand inmates far exceeding the ability of existing and planned facilities to accommodate them; and

Whereas, South Carolina has committed significant and scarce financial resources to this problem. The Department of Corrections' 1993-94 appropriation is $251,854,637 of which $207,505,596 comes from state general funds. Since 1985, the State has spent approximately two hundred fifty million dollars for prison construction; and

Whereas, as large as the construction costs are for new prisons, the operating costs are much more. It is not uncommon for the cost to operate the prisons to exceed the construction costs in just three years. If the facilities last twenty-one years, for example, their total operating costs will be at least seven times as great as their construction costs; and

Whereas, building more prison space and continued compliance with all the other requirements of the Nelson consent decree pose a serious fiscal problem for the State at a time of declining revenue growth, coupled with a demand for other services. The percentage of the state budget spent on corrections in South Carolina is increasing every year. As recently as 1988, South Carolina ranked seventh among all states in the percentage of its state budget spent on corrections; and

Whereas, the current economic recession is making it very difficult, if not impossible, for the State to meet all the needs of its citizens including provisions for adequate health care, education, job and employment opportunities, and countless other deserving demands. If the Department of Corrections remains bound to the full requirements of the Nelson consent decree and the State of South Carolina to the funding of these requirements, this without question will impose a hardship on others truly in need; and

Whereas, the members of the General Assembly therefore believe that because of the above reasons it is in the best interest of the people of South Carolina acting through the Attorney General to request appropriate judicial relief from the Nelson consent decree or amendments to the decree so that South Carolina may have the resources to try to deal with this very difficult and complicated problem as well as having the resources to try to deal with the other very serious problems now facing our State. Now, therefore,

Be it resolved by the House of Representatives, the Senate concurring:

That the members of the General Assembly hereby request the Attorney General of South Carolina, in consultation with the Director of the Department of Corrections and other necessary state officials, to seek that relief he considers appropriate and attainable from the requirements of the consent decree in the case of Nelson v. Leeke.

Be it further resolved that a copy of this resolution be forwarded to the Attorney General.