H*3642 Session 103 (1979-1980)
H*3642(Rat #0501, Act #0431 of 1980) General Bill, By
House Medical, Military, Public and Municipal Affairs
A Bill to amend Sections 24-3-20, Code of Laws of South Carolina, 1976, as
amended, and 24-3-40, relating to employment of inmates of the Department of
Corrections, so as to authorize the Department to establish a restitution
program for victims of non-violent property offenses.
03/12/80 House Introduced, read first time, placed on calendar
without reference HJ-1360
03/20/80 House Debate adjourned HJ-1636
03/26/80 House Debate adjourned HJ-1708
04/01/80 House Amended HJ-1792
04/01/80 House Read second time HJ-1792
04/02/80 House Read third time and sent to Senate HJ-1813
04/02/80 Senate Introduced and read first time SJ-11
04/02/80 Senate Referred to Committee on Corrections and Penology SJ-11
04/03/80 Senate Committee report: Favorable Corrections and
Penology SJ-22
04/29/80 Senate Read second time SJ-25
04/29/80 Senate Ordered to third reading with notice of
amendments SJ-25
05/01/80 Senate Amended SJ-8
05/01/80 Senate READ THIRD TIME SJ-8
05/01/80 Senate Returned SJ-8
05/14/80 House Concurred in Senate amendment and enrolled HJ-2832
05/21/80 House Ratified R 501 HJ-2964
05/22/80 Signed By Governor
05/22/80 Effective date 05/22/80
05/22/80 Act No. 431
06/03/80 Copies available
(A431, R501, H3642)
AN ACT TO AMEND SECTIONS 24-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS
AMENDED AND 24-3-40, RELATING TO EMPLOYMENT OF INMATES OF THE DEPARTMENT OF
CORRECTIONS, SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH A RESTITUTION
PROGRAM FOR VICTIMS OF NONVIOLENT PROPERTY OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
Department may establish restitution program
Section 1. Section 24-3-20 of the 1976 Code, as last amended by Act 496 of
1976, is further amended by adding:
"(d) The Department of Corrections may establish a Restitution Program
for the purpose of allowing persons convicted of nonviolent offenses who are
sentenced to the State Department of Corrections to reimburse the victim for
the value of the property stolen or damages caused by such offense. In the
event that there is no victim involved, the person convicted shall contribute
to the administration of the program. The Department of Corrections is
authorized to promulgate regulations necessary to administer the program.
(e) In the event that a person is sentenced to not more than seven years and
for not more than a second offense for the following offenses: larceny, grand
larceny, forgery and counterfeiting, embezzlement, stolen property, damage to
property, receiving stolen goods, shoplifting, housebreaking, fraud,
vandalism, breach of trust with fraudulent intent, and storebreaking, the
judge shall establish at the time of sentencing a maximum amount of property
loss which may be used by the South Carolina Department of Corrections in the
administration of the restitution program."
Withholding of prisoner's pay
Section 2. Section 24-3-40 of the 1976 Code is amended to read:
"Section 24-3-40. The employer of a prisoner authorized to work at paid
employment in the community under Sections 24-3-20 to 24-3-50 shall pay the
prisoner's wages directly to the Department of Corrections. The Commissioner
of the Department of Corrections is authorized to withhold from the wages such
costs incident to the prisoner's confinement as the Board of Corrections shall
deem appropriate and reasonable. These withholdings shall be deposited to the
maintenance account of the Department of Corrections. The balance of the wages
shall, in the discretion of the Board, and in such proportions determined by
the Board, be disbursed to the prisoner, the prisoner's dependents, to the
victim of the crime, or deposited to the credit of the prisoner."
Severability clause
Section 2A. Should any portion of this act be held unconstitutional or
otherwise unenforceable, such portion shall be deemed severable and the
remainder of the act shall continue in full force and effect.
Time effective
Section 3. This act shall take effect upon approval by the Governor. |