Additional duties of director
SECTION 374. Section 24-1-90 of the 1976 Code is amended to read:
"Section 24-1-90. The director shall have authority to make and promulgate rules and regulations necessary for the proper performance of the department's functions."
Department director qualifications
SECTION 375. Section 24-1-100 of the 1976 Code is amended to read:
"Section 24-1-100. The director shall possess qualifications and training which suit him to manage the affairs of a modern penal institution."
Board functions eliminated
SECTION 376. Section 24-1-110 of the 1976 Code is amended to read:
"Section 24-1-110. The duty of the director shall extend to the employment and discharge of such persons as may be necessary for the efficient conduct of the prison system."
Board functions eliminated
SECTION 377. Section 24-1-120 of the 1976 Code is amended to read:
"Section 24-1-120. The director shall execute a good and sufficient bond payable to the State in the sum of fifty thousand dollars, conditioned for the faithful performance of the duties of his office and the accurate accounting for all moneys and property coming into his hands; and he may require of other officers, employees and agents of the prison system a good and sufficient bond in such sum as it may determine upon, payable to the State upon like conditions. Such bonds shall be executed by a surety company authorized to do business under the laws of this State, and the premium on any such bond shall be paid by the State out of the support and maintenance fund of the prison system."
Director controls department
SECTION 378. Section 24-1-130 of the 1976 Code is amended to read:
"Section 24-1-130. The director shall be vested with the exclusive management and control of the prison system, and all properties belonging thereto, subject to the limitations of Sections 24-1-20 to 24-1-230 and 24-1-260 and shall be responsible for the management of the affairs of the prison system and for the proper care, treatment, feeding, clothing, and management of the prisoners confined therein. The director shall manage and control the prison system."
Power of director
SECTION 379. Section 24-1-140 of the 1976 Code is amended to read:
"Section 24-1-140. The director shall have power to prescribe reasonable rules and regulations governing the humane treatment, training, and discipline of prisoners, and to make provision for the separation and classification of prisoners according to sex, color, age, health, corrigibility, and character of offense upon which the conviction of the prisoner was secured."
Power transferred to director
SECTION 380. Section 24-1-145 of the 1976 Code is amended to read:
"Section 24-1-145. Notwithstanding any other provisions of law, when any treaty between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Governor, on behalf of this State, shall be authorized, subject to the terms of such treaty, to permit the Director of the Department of Corrections to transfer or exchange offenders and take any other action necessary to participate in such treaty."
Power transferred to director
SECTION 381. Section 24-1-150 of the 1976 Code is amended to read:
"Section 24-1-150. Annually the director shall cause a full and complete inventory of all property of every description belonging to the prison system to be made, and there shall be set opposite each item the book and actual market value of same. Such inventory shall further include a statement of the fiscal affairs of the system for the preceding fiscal year; and a sufficient number of copies of such inventory and report shall be printed to give general publicity thereto."
Board functions eliminated
SECTION 382. Section 24-1-160 of the 1976 Code is amended to read:
"Section 24-1-160. The director shall have power to require all necessary reports from any department, officer, or employee of the prison system at stated intervals."
Power transferred to director
SECTION 383. Section 24-1-170 of the 1976 Code is amended to read:
"Section 24-1-170. The director shall keep, or cause to be kept, correct and accurate accounts of each and every financial transaction of the prison system, including all receipts and disbursements of every character. He shall receive and receipt for all money paid to him from every source whatsoever, and shall sign all warrants authorizing any disbursement of any sum or sums on account of the prison system. He shall keep full and correct accounts with any industry, department and farm of the prison system, and with all persons having financial transactions with the prison system."
Power transferred to director
SECTION 384. Section 24-1-200 of the 1976 Code is amended to read:
"Section 24-1-200. The director shall inquire and examine into the sentences under which the convicts in the prison are confined and also into the condition, physical or otherwise, of the convicts undergoing sentence and shall report to the Probation, Parole and Pardon Board quarterly, on the first day of November, February, May, and August in each year, such cases as it may deem, after such examination, fit subjects for clemency."
Power transferred to department
SECTION 385. Section 24-1-210 of the 1976 Code is amended to read:
"Section 24-1-210. The department shall prosecute all violations of the law in reference to the treatment of convicts."
Various powers transferred
SECTION 386. Section 24-1-220 of the 1976 Code is amended to read:
"Section 24-1-220. All actions or suits at law accruing to the department shall be brought in the name of the director, who shall also appear for and defend actions or suits at law in which it is to the interest of the department to appear as a party defendant. No suit or action at law shall be brought for or defended on behalf of the department except by authority of the director."
Function transferred to department
SECTION 387. Section 24-1-230 of the 1976 Code is amended to read:
"Section 24-1-230. The Department of Corrections may purchase or condemn lands for the construction of any building or sewerage or water line essential to the operation of the prison system."
Function transferred to director
SECTION 388. Section 24-1-250 of the 1976 Code is amended to read:
"Section 24-1-250. The State Department of Corrections is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the department. However, the proceeds derived from these sales shall not exceed fifty thousand dollars in any one year. Prior to such sales, the director shall consult with the State Forester to determine the economic feasibility of and obtain approval for such sales. Funds derived from timber sales shall be utilized by the Department of Corrections to maintain and expand the agricultural program subject to the approval of the Budget and Control Board."
Grammatical changes
SECTION 389. Section 24-1-260 of the 1976 Code is amended to read:
"Section 24-1-260. The Department of Corrections is hereby authorized to retain all fees collected in connection with the clinical pastoral training program conducted by the department for use in the continued operation of that program."
Name change
SECTION 390. Section 24-1-270 of the 1976 Code is amended to read:
"Section 24-1-270. (1) As used in this section, the term `state correctional properties' shall include all property under the control of the Director of the South Carolina Department of Corrections, or his agents, for the confinement of inmates or other uses pursuant to the director's responsibilities. (2) Notwithstanding any other provisions of law relating to trespass, it shall be unlawful for any person to: (a) trespass or loiter on state correctional properties after notice to leave is given by the director or his authorized agents or, after lawful entry, refuse to leave the premises after such notice; or (b) incite, solicit, urge, encourage, exhort, instigate or procure any other person to violate the provisions of item (a) of this subsection. (3) Any person violating the provisions of this section shall be deemed guilty of a misdemeanor and, upon conviction, shall be fined not exceeding five thousand dollars or imprisoned for a term not exceeding five years, or both. (4) The provisions of this section shall not be construed to bar prosecution of other offenses committed on state correctional property."
Powers transferred
SECTION 391. Section 24-3-20 of the 1976 Code is amended to read:
"Section 24-3-20. (a) Notwithstanding the provisions of Section 24-3-10, any person convicted of an offense against the State of South Carolina and committed to the State Penitentiary at Columbia shall be in the custody of the Department of Corrections of the State of South Carolina, and the director shall designate the place of confinement where the sentence shall be served. The director 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 State Department of Corrections or otherwise. Provided, that if the facility is not maintained by the department, the consent of the sheriff of the county wherein the facility is located must first be obtained. (b) When the director determines that the character and attitude of a prisoner reasonably indicates that he may be so trusted, it may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, provided that the director determines that: (1) such paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and (2) the rates of pay and other conditions of employment will not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed. (c) Notwithstanding the provisions of Section 24-3-10 or any other provisions of law, the department shall make available for use in litter control and removal any or all prison inmates not engaged in programs determined by the department to be more beneficial in terms of rehabilitation and cost effectiveness. Provided, however, that the Department of Corrections shall not make available for litter control those inmates who, in the judgment of the director, pose a significant threat to the community or who are not physically, mentally or emotionally able to perform work required in litter control. No inmate shall be assigned to a county prison facility except upon written acceptance of the inmate by the chief county administrative officer or his designee and no prisoner may be assigned to litter control in a county which maintains a facility unless he is assigned to the county prison facility. The Department of Corrections shall include in its annual report to the Budget and Control Board an analysis of the job and program assignments of inmates. This plan shall include such programs as litter removal, prison industries, work release, education and counseling. The Department of Corrections shall make every effort to minimize not only inmate idleness but also occupation in marginally productive pursuits. The State Budget and Control Board and the Governor's Office shall comment in writing to the department concerning any necessary alterations in this plan. (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."
Board powers transferred to department or director
SECTION 392. Section 24-3-30 of the 1976 Code is amended to read:
"Section 24-3-30. Notwithstanding the provisions of Section 24-3-10 of the 1976 Code, or any other provision of law, any person convicted of an offense against the State shall be in the custody of the Department of Corrections of the State, and the department shall designate the place of confinement where the sentence shall be served. The department may designate as a place of confinement any available, suitable and appropriate institution or facility, including but not limited to a county jail or work camp whether maintained by the State Department of Corrections or otherwise, but the consent of the officials in charge of the county institutions so designated shall be first obtained. Provided, that if imprisonment for three months or less is ordered by the court as the punishment, all persons so convicted shall be placed in the custody, supervision and control of the appropriate officials of the county wherein the sentence was pronounced, if such county has facilities suitable for confinement. Provided, further, that the Department of Corrections shall be notified by the county officials concerned not less than six months prior to the closing of any county prison facility which would result in the transfer of the prisoners of the county facility to facilities of the department. Each county administrator, or the equivalent, having charge of county prison facilities, may, upon the department's designating the county facilities as the place of confinement of a prisoner, use the prisoner assigned thereto for the purpose of working the roads of the county or other public work. Any prisoner so assigned to the county shall 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 shall 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 will lie."
Board powers transferred to department or director
SECTION 393. 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 Director of the Department of Corrections shall withhold five percent of the gross wages and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the `Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404'. The director is further authorized to withhold from the wages such costs incident to the prisoner's confinement as the Department of Corrections considers appropriate and reasonable. These withholdings must be deposited to the maintenance account of the Department of Corrections. The balance of the wages may, in the discretion of the director, and in such proportions determined by the director, be disbursed to the prisoner, the prisoner's dependents, to the victim of the crime, or deposited to the credit of the prisoner."
Name change
SECTION 394. Section 24-3-60 of the 1976 Code is amended to read:
"Section 24-3-60. The clerks of the courts of general sessions and common pleas of the several counties in this State shall immediately after the adjournment of the court of general sessions, in their respective counties, notify the Department of Corrections of the number of convicts sentenced by the court to imprisonment in the penitentiary. The department, as soon as it receives such notice, shall send a suitable number of guards to convey such convicts to the penitentiary."
Name change
SECTION 395. Section 24-3-70 of the 1976 Code is amended to read:
"Section 24-3-70. No sum beyond the actual expenses incurred in conveying such convicts to the penitentiary shall be allowed for such services. Such sum shall be paid to the department by the State Treasurer upon the warrant of the Comptroller General."
Name change
SECTION 396. Section 24-3-80 of the 1976 Code is amended to read:
"Section 24-3-80. The director of the prison system shall admit and detain in the Department of Corrections for safekeeping any prisoner tendered by any law enforcement officer in this State by commitment duly authorized by the Governor, provided, a warrant in due form for the arrest of the person so committed shall be issued within forty-eight hours after such commitment and detention. No person so committed and detained shall have a right or cause of action against the State or any of its officers or servants by reason of having been committed and detained in the penitentiary."
Name change
SECTION 397. Section 24-3-90 of the 1976 Code is amended to read:
"Section 24-3-90. The director shall receive and safely keep at hard labor, in the prison, all prisoners sentenced to confinement, at hard labor therein, by the authority of the United States, until they shall be discharged agreeably to the laws of the United States."
Department names changed
SECTION 398. Section 24-3-110 of the 1976 Code is amended to read:
"Section 24-3-110. The State Department of Corrections may purchase the machinery and establish a plant for the purpose of manufacturing motor vehicle license plates and metal road signs. The charge for license plates and metal road signs sold to the Department of Revenue and Taxation and the Department of Transportation shall be in line with the prices previously paid private manufacturers and all state motor vehicle license plates, metal road signs and other signs capable of being manufactured by such a plant shall be purchased through the Department of Corrections and manufactured by it. The Department of Revenue and Taxation may prescribe the specifications of plates and the Department of Transportation may prescribe the specifications of signs used, the specifications to include colors, quality, and quantity."
Department names changed
SECTION 399. Section 24-3-130(A) of the 1976 Code is amended to read:
"(A) The State Department of Corrections may permit the use of prison inmate labor on state highway projects or other public projects that may be practical and consistent with safeguarding of the inmates employed on the projects and the public. The Department of Transportation, another state agency, or a county, municipality or public service district making a beneficial public improvement may apply to the department for the use of inmate labor on the highway project or other public improvement or development project. If the director determines the labor may be performed with safety and the project is beneficial to the public he may assign inmates to labor on the highway project or other public purpose project. The inmate labor force must be supervised and controlled by officers designated by the department but the direction of the work performed on the highway or other public improvement project must be under the control and supervision of the person designated by the agency, county, municipality, or public service district responsible for the work. No person convicted of criminal sexual conduct in the first, second, or third degree or a person who commits a violent crime while on a work release program may be assigned to perform labor on a project described by this section."
Name change
SECTION 400. Section 24-3-131 of the 1976 Code is amended to read:
"Section 24-3-131. The Department of Corrections shall determine whether an agency permitted to utilize convict labor on public projects pursuant to Section 24-3-130 can adequately supervise the inmates. If the director determines that the agency lacks the proper personnel, the agency shall be required to reimburse the department for the cost of maintaining correctional officers to supervise the convicts. In all cases the Department of Corrections shall be responsible for adequate supervision of the inmates."
Commissioner changed to director
SECTION 401. Section 24-3-140 of the 1976 Code is amended to read:
"Section 24-3-140. The Director of the Department of Corrections shall, when called upon by the keeper of the State House and Grounds, furnish such convict labor as he may need to keep the State House and Grounds in good order."
Name change
SECTION 402. Section 24-3-150 of the 1976 Code is amended to read:
"Section 24-3-150. Any person who has been sentenced to the State Penitentiary, or to the county public works and transferred to the State Penitentiary, may be transferred to the chain gang of the county from which convicted upon request of the county official having charge of such chain gang and with the consent and approval of the State Department of Corrections."
Commissioner changed to director
SECTION 403. Section 24-3-160 of the 1976 Code is amended to read:
"Section 24-3-160. Any institution of this State getting convicts from the State Penitentiary by any act or joint resolution of the General Assembly shall be required to pay to the Director of the Department of Corrections all moneys expended by him for transportation, guarding, clothing and feeding such convicts while working for such institutions and also for medical attention, and the officer in charge of any such institution shall also execute and deliver to the director, at the end of each year, a receipt of five dollars and fifty cents per month for the work of each convict so employed."
Name change
SECTION 404. Section 24-3-170 of the 1976 Code is amended to read:
"Section 24-3-170. Clemson University shall pay to the State Department of Corrections hire for all convicts used by the college at the rate of six dollars per month and shall pay the cost of clothing, feeding and guarding such convicts while so used and also the transportation of such convicts and guards back and forth from the penitentiary to the university."
Name change
SECTION 405. Section 24-3-180 of the 1976 Code is amended to read:
"Section 24-3-180. Whenever a convict shall be discharged from the penitentiary, the State Department of Corrections shall furnish such convict with a suit of common clothes, if deemed necessary, and transportation from the penitentiary to his home or as near thereto as can be done by public conveyances. The cost of such transportation and clothes shall be paid to the State Treasurer, on the draft of the department, countersigned by the Comptroller General."
Name change
SECTION 406. Section 24-3-190 of the 1976 Code is amended to read:
"Section 24-3-190. The balance in the hands of the State Department of Corrections at the close of any year, together with all other amounts received or to be received from the hire of convicts or from any other source during the current fiscal year, are appropriated for the support of the penitentiary."
Commissioner changed to director
SECTION 407. Section 24-3-200 of the 1976 Code is amended to read:
"Section 24-3-200. Prisoners sentenced from one county and subsequently transferred to the jurisdiction of the State Department of Corrections, may, upon request of the supervisor of another county, be transferred to that county to serve the remainder of the sentence imposed or a part thereof if the director of the department and the prisoner consent in writing to the transfer."
Commissioner changed to director
SECTION 408. Section 24-3-210 of the 1976 Code is amended to read:
"Section 24-3-210. The director may extend the limits of the place of confinement of a prisoner, as to whom there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to: (1) contact prospective employers; (2) secure a suitable residence for use when released on parole or upon discharge; (3) obtain medical services not otherwise available; (4) participate in a training program in the community or any other compelling reason consistent with the public interest; (5) visit or attend the funeral of a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person, though not a natural parent, who has acted in the place of a parent), brother, or sister. The director also may similarly extend the limits of the place of confinement of a terminally ill inmate for an indefinite length of time when there is reasonable cause to believe that such inmate will honor his trust. The wilful failure of a prisoner to remain within the extended limits of his confinement or return within the time prescribed to the places of confinement designated by the director shall be deemed an escape from the custody of the director punishable as provided in Section 24-13-410."
Name change
SECTION 409. Section 24-3-315 of the 1976 Code is amended to read:
"Section 24-3-315. The Department of Corrections shall ensure that inmates participating in any prison industry program pursuant to the Justice Assistance Act of 1984 is on a voluntary basis. The director must determine prior to using inmate labor in a prison industry project that it will not displace employed workers, that the locality does not have a surplus of available labor for the skills, crafts, or trades that would utilize inmate labor, and that the rates of pay and other conditions of employment are not less than those paid and provided for work of similar nature in the locality in which the work is performed."
Board name changed to department
SECTION 410. Section 24-3-320 of the 1976 Code is amended to read:
"Section 24-3-320. The State Department of Corrections may purchase, in the manner provided by law, equipment, raw materials and supplies and engage the supervisory personnel necessary to establish and maintain for this State at the penitentiary or any penal farm or institution now, or hereafter, under control of the department, industries for the utilization of services of convicts in the manufacture or production of such articles or products as may be needed for the construction, operation, maintenance or use of any office, department, institution or agency supported in whole or in part by this State and the political subdivisions thereof."
Board name changed to department
SECTION 411. Section 24-3-330 of the 1976 Code is amended to read:
"Section 24-3-330. All offices, departments, institutions and agencies of this State which are supported in whole or in part by this State shall purchase, and all political subdivisions of this State may purchase, from the State Department of Corrections, articles or products made or produced by convict labor in this State or any other state, as provided for by this article, and no such article or product shall be purchased by any such office, department, institution or agency from any other source, unless excepted from the provisions of this section, as hereinafter provided. All purchases shall be made from the Department of Corrections, upon requisition by the proper authority of the office, department, institution, agency or political subdivision of this State requiring such articles or products."
Board name changed to department
SECTION 412. Section 24-3-340 of the 1976 Code is amended to read:
"Section 24-3-340. Notwithstanding the provisions of Sections 24-3-310 to 24-3-330 and 24-3-360 to 24-3-420, no office, department, institution or agency, of this State, which is supported in whole or in part by this State, shall be required to purchase any article or product from the State Department of Corrections unless the purchase price of such article or product is no higher than that obtainable from any other producer or supplier."
Board name changed to department
SECTION 413. Section 24-3-360 of the 1976 Code is amended to read:
"Section 24-3-360. The State Department of Corrections shall cause to be prepared, annually, at such times as it may determine, catalogues containing the description of all articles and products manufactured or produced under its supervision pursuant to the provisions of this article, copies of which catalogue shall be sent by it to all offices, departments, institutions and agencies of this State and made accessible to all political subdivisions of this State referred to in Sections 24-3-310 to 24-3-330. At least thirty days before the commencement of each fiscal year, the proper official of each such office, department, institution or agency, when required by the State Department of Corrections, shall report to the State Department of Corrections estimates for such fiscal year of the kind and amount of articles and products reasonably required for such ensuing year, referring in such estimates to the catalogue issued by the State Department of Corrections in so far as articles and products indicated are included in this catalogue."
Board name changed to department
SECTION 414. Section 24-3-380 of the 1976 Code is amended to read:
"Section 24-3-380. The State Department of Corrections shall fix and determine the prices at which all articles or products manufactured or produced shall be furnished, which prices shall be uniform and nondiscriminating to all and shall be as near as the usual market price for such as may be practicable."
Board name changed to department
SECTION 415. Section 24-3-390 of the 1976 Code is amended to read:
"Section 24-3-390. The State Department of Corrections shall have power and authority to prepare and promulgate rules and regulations which are necessary to give effect to the provisions of this article with respect to matters of administration and procedure respecting it."
Board changed to department or director
SECTION 416. Section 24-3-400 of the 1976 Code is amended to read:
"Section 24-3-400. All monies collected by the State Department of Corrections from the sale or disposition of articles and products manufactured or produced by convict labor, in accordance with the provisions of this article, must be forthwith deposited with the State Treasurer to be kept and maintained as a special revolving account designated `Prison Industries Account', and the monies so collected and deposited must be used solely for the purchase of manufacturing supplies, equipment, machinery, and buildings used to carry out the purposes of this article, as well as for the payment of the necessary personnel in charge, and to otherwise defray the necessary expenses incident thereto and to discharge any existing obligation to the Sinking Funds and Property Division of the State Budget and Control Board, all of which must be under the direction and subject to the approval of the Director of the State Department of Corrections. The Department of Corrections shall contribute an amount of not less than five percent nor more than twenty percent of the gross wages paid to inmate workers participating in any prison industry project established pursuant to the Justice Assistance Act of 1984 (P.L. 98-473) and promptly place these funds on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the Victims of Crime Act of 1984 (P.L. 98-473, Title 2, Chapter 14, Section 1404). The Prison Industries Account must never be maintained in excess of the amount necessary to efficiently and properly carry out the intentions of this article. When, in the opinion of the Director of the Department of Corrections, the Prison Industries Account has reached a sum in excess of the requirements of this article, the excess must be used by the Department of Corrections for operating expenses and permanent improvements to the state prison system, subject to the approval of the State Budget and Control Board."
Board name changed to department
SECTION 417. Section 24-3-410(C) of the 1976 Code is amended to read:
"(C) A person violating the provisions of this section is guilty of a misdemeanor and, upon conviction, must be fined not less than two hundred nor more than five thousand dollars or imprisoned for not less than three months nor more than one year, or both. Each sale or offer for sale is a separate offense under this section. Proceeds of the sale of agricultural products, when produced by an instrumentality under control of the State Department of Corrections, must be applied as provided in Section 24-1-250."
Commissioner changed to director
SECTION 418. Section 24-3-510 of the 1976 Code is amended to read:
"Section 24-3-510. Upon the conviction of any person in this State of a crime the punishment of which is death, the presiding judge shall sentence such convicted person to death according to the provisions of Section 24-3-530 and make such sentence in writing. Such sentence shall be filed with the papers in the case against such convicted person and a certified copy thereof shall be transmitted by the clerk of the court of general sessions in which such sentence is pronounced to the Director of the Department of Corrections not less than ten days prior to the time fixed in the sentence of the court for the execution of it."
Commissioner changed to director
SECTION 419. Section 24-3-520 of the 1976 Code is amended to read:
"Section 24-3-520. The sheriff of the county in which such convicted person is so sentenced, together with one deputy or more, if in his judgment it is necessary, shall convey such convicted person to the State Penitentiary at Columbia to deliver him to the Director of the Department of Corrections not more than twenty days nor less than two days prior to the time fixed in the judgment for the execution of such condemned person, unless otherwise directed by the Governor or unless a stay of execution has been caused by appeal or the granting of a new trial or other order of a court of competent jurisdiction."
Commissioner changed to director
SECTION 420. Section 24-3-530 of the 1976 Code is amended to read:
"Section 24-3-530. All persons convicted of capital crime and having imposed upon them the sentence of death shall suffer such penalty by electrocution within the walls of the State Penitentiary at Columbia under the direction of the Director of the Department of Corrections."
Board name changed to department
SECTION 421. Section 24-3-540 of the 1976 Code is amended to read:
"Section 24-3-540. The Department of Corrections shall provide a death chamber and all necessary appliances for inflicting such penalty by electrocution and pay the costs thereof out of any funds in its hands. The expense of transporting any such criminal to the State Penitentiary shall be borne by the county in which the offense was committed."
Commissioner changed to director
SECTION 422. Section 24-3-550 of the 1976 Code is amended to read:
"Section 24-3-550. At an execution the executioner and necessary staff, at the discretion of the Director of the Department of Corrections, to carry out the execution properly, a group of not more than two respectable citizens of the State designated by the director, and a group of not more than five representatives of the South Carolina media, one of whom shall represent the dominant wire service, two of whom shall represent the print media, and two of whom shall represent the electronic news media, must be present. The counsel for the convict and a minister of the gospel may be present. The department shall promulgate regulations to govern the selection of media representatives. No audio recorders, cameras, or recording devices are allowed in the Capital Punishment Facility during an execution."
Board duties transferred
SECTION 423. Section 24-3-710 of the 1976 Code is amended to read:
"Section 24-3-710. The director may investigate any misconduct occurring in the State Penitentiary, provide suitable punishment therefor and execute it and take all such precautionary measures as in his judgment will make for the safe conduct and welfare of the institution. The director may suppress any disorders, riots or insurrections that may take place in the penitentiary and prescribe any and all such rules and regulations as in his judgment are reasonably necessary to avoid any such occurrence."
Commissioner changed to director
SECTION 424. Section 24-3-720 of the 1976 Code is amended to read:
"Section 24-3-720. In order to suppress any disorders, riots or insurrection among the prisoners, the Director of the Department of Corrections may require the aid and assistance of any of the citizens of the State."
Commissioner changed to director
SECTION 425. Section 24-3-730 of the 1976 Code is amended to read:
"Section 24-3-730. If any person, when so required by the Director of the Department of Corrections, shall neglect or refuse to give such aid and assistance, he shall pay a fine not exceeding fifty dollars."
Commissioner changed to director
SECTION 426. Section 24-3-740 of the 1976 Code is amended to read:
"Section 24-3-740. Any person so aiding and assisting the Director of the Department of Corrections shall receive a reasonable compensation therefor, to be paid by the department, and allowed him on the settlement of his account."
Commissioner changed to director
SECTION 427. Section 24-3-750 of the 1976 Code is amended to read:
"Section 24-3-750. If, in suppressing any such disorder, riot or insurrection, any person who shall be acting, aiding or assisting in committing the same shall be wounded or killed, the Director of the Department of Corrections, the keeper or any person aiding or assisting him shall be held as justified and guiltless."
Commissioner changed to director
SECTION 428. Section 24-3-760 of the 1976 Code is amended to read:
"Section 24-3-760. In the absence of the Director of the Department of Corrections, the keeper shall have the same power in suppressing disorders, riots and insurrections and in requiring aid and assistance in so doing that is herein given to the director."
Commissioner changed to director
SECTION 429. Section 24-3-920 of the 1976 Code is amended to read:
"Section 24-3-920. The Director of the Department of Corrections shall offer a reward of one hundred dollars for the capture of each escaped convict."
Commissioner changed to director
SECTION 430. Section 24-3-950 of the 1976 Code is amended to read:
"Section 24-3-950. It shall be unlawful for any person to furnish or attempt to furnish any prisoner under the jurisdiction of the Department of Corrections with any matter declared by the director to be contraband. It shall also be unlawful for any prisoner under the jurisdiction of the Department of Corrections to possess any matter declared to be contraband. Matters considered contraband within the meaning of this section shall be those which are determined to be such by the director and published by him in a conspicuous place available to visitors and inmates at each correctional institution. Any person violating the provisions of this section shall be deemed guilty of a felony and, upon conviction, shall be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisonment for not less than one year nor more than ten years, or both."
Board name changed to department
SECTION 431. Section 24-3-960 of the 1976 Code is amended to read:
"Section 24-3-960. Any moneys or tokens or things of like nature used as money found in the unlawful possession of any prisoner confined in a penal institution under control of the Department of Corrections are hereby declared to be contraband, and any moneys or tokens or things of like nature used as money so seized shall be deposited in the welfare fund of the institution in which the prisoner is confined and shall be the property of such welfare fund."
Commissioner changed to director
SECTION 432. Section 24-7-90 of the 1976 Code is amended to read:
"Section 24-7-90. In case any convict employed by a county supervisor shall become ungovernable or unfit for the labor required of such convict the supervisor may commit such convict to the State Penitentiary or county jail. And it shall be the duty of the Director of the Department of Corrections or the sheriff of the county, as the case may be, to receive any such convict so committed."
Names changed
SECTION 433. Section 24-9-10 of the 1976 Code is amended to read:
"Section 24-9-10. There is hereby established a Jail and Prison Inspection Division under the jurisdiction of the Department of Corrections. The inspectors and such other personnel as may be provided for the division shall be selected by the director of the department."
Names changed
SECTION 434. Section 24-9-20 of the 1976 Code is amended to read:
"Section 24-9-20. The division shall be responsible for inspecting, in conjunction with a representative of the State Fire Marshal, at least annually every facility in this State housing prisoners or pretrial detainees operated by a state agency, county, municipality, or any other political subdivision, and such inspection shall include all phases of operation and fire safety of the respective facilities. The inspection shall be based on standards established by the South Carolina Association of Counties and adopted by the Department of Corrections, and appropriate fire codes and regulations. The division and the inspecting fire marshal shall each prepare a written report on the conditions of the inspected facility. Copies of the reports shall be filed with the governing body of the political subdivision having jurisdiction of the facility inspected, the State Fire Marshal, the governing body of the county, and the county legislative delegation in which such facility is located. All reports shall be filed through the Director of the Department of Corrections."
Names changed
SECTION 435. Section 24-9-30 of the 1976 Code is amended to read:
"Section 24-9-30. (a) If an inspection under this chapter discloses that a local confinement facility does not meet the minimum standards established by the South Carolina Association of Counties and adopted by the Department of Corrections, and the appropriate fire codes and regulations, the Director of the South Carolina Department of Corrections shall notify the governing body of the governmental unit responsible for the local confinement facility. A copy of the written report of the inspection required by this chapter shall also be sent to the resident or presiding judge of the judicial circuit in which the facility is located. The governing body shall promptly meet to consider the inspection report, and the inspection personnel shall appear to advise and consult concerning appropriate corrective action. The governing body shall initiate appropriate corrective action within ninety days or may voluntarily close the local confinement facility or objectionable portion thereof. (b) If the governing body fails to initiate corrective action within ninety days after receipt of the report of inspection, or fails to correct the disclosed conditions, the Director of the South Carolina Department of Corrections may order that the local confinement facility, or objectionable portion thereof, be closed at such time as the order may designate. The governing body and the resident or presiding judge of the judicial circuit shall be notified by registered mail of the director's order closing a local confinement facility. (c) The governing body shall have the right to appeal the director's order to the resident or presiding judge of the circuit in which the facility is located. Notice of the intention to appeal shall be given by registered mail to the Director of the South Carolina Department of Corrections and to the resident or presiding judge within fifteen days after receipt of the director's order. The right of appeal shall be deemed waived if notice is not given as herein provided. (d) The appeal shall be heard before the resident or presiding judge of the circuit who shall give reasonable notice of the date, time and place of the hearing to the Director of the South Carolina Department of Corrections and the governing body concerned. The hearing shall be conducted without a jury in accordance with the rules and procedures of the Circuit Court. The Department of Corrections, the governing body concerned and other responsible local officials shall have a right to be present at the hearing and present evidence which the court deems appropriate to determine whether the local confinement facility met the required minimum standards on the date of the last inspection. The court may affirm, reverse or modify the director's order."
Commissioner changed to director
SECTION 436. Section 24-11-30 of the 1976 Code is amended to read:
"Section 24-11-30. The Director of the State Department of Corrections is hereby authorized and directed to do all things necessary or incidental to the carrying out of the compact in every particular and he may in his discretion delegate this authority to such deputies or assistants as he may designate."
Commissioner changed to director
SECTION 437. Section 24-13-210(c) of the 1976 Code is amended to read:
"(c) If, during the term of imprisonment, a prisoner commits any offense or violates any of the rules of the institution, all or any part of his good conduct time may be forfeited at the discretion of the Director of the Department of Corrections, if the prisoner be confined in facilities of the department, or in the discretion of the local official having charge of prisoners sentenced to terms of imprisonment at the local level. The decision to withhold forfeited good conduct time is solely the responsibility of officials named in this subsection."
Commissioner changed to director
SECTION 438. Section 24-13-230(a) of the 1976 Code is amended to read:
"(a) The Director of the Department of Corrections may allow any prisoner in the custody of the department, who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical, or vocational training program, a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled. However, no inmate serving the sentence of life imprisonment is entitled to credits under this provision. A maximum annual credit for both work credit and class credit is limited to one hundred eighty days. The amount of credit to be earned for each duty classification or enrollment must be determined by the director and published by him in a conspicuous place available to inmates at each correctional institution. No credits earned under this section may be applied in a manner which would prevent full participation in the department's prerelease program."
Commissioner changed to director
SECTION 439. Section 24-13-270 of the 1976 Code is amended to read:
"Section 24-13-270. The Director of the Department of Corrections and other persons having charge of prisoners who are required to serve a period of six months or more may permit the release of such prisoners on the first day of the month in which their sentences would normally expire and if the first day of the month falls on Saturday, Sunday, or a legal holiday, such prisoners may be released on the last weekday prior to the first of the month which is not a holiday or a Saturday."
Commissioner changed to director
SECTION 440. Section 24-13-640 of the 1976 Code is amended to read:
"Section 24-13-640. Notwithstanding any other provision of law, any state or local prisoner who is not in the highest trusty grade and who is assigned to a work detail outside the confines of any correctional facility shall wear a statewide uniform. The uniform must be of such a design and color as to easily be identified as a prisoner's uniform and stripes must be used in the design. The Department of Corrections Division of Prison Industries shall manufacture the statewide uniform and make it available for sale to the local detention facilities. The Director of the Department of Corrections may determine, in his discretion, that the provisions of this section do not apply to certain prisoners."
Names changed
SECTION 441. Section 24-13-710 of the 1976 Code is amended to read:
"Section 24-13-710. The Department of Corrections and the Department of Probation, Parole and Pardon Services shall jointly develop the policies, procedures, guidelines, and cooperative agreement for the implementation of a supervised furlough program which permits carefully screened and selected inmates who have served the mandatory minimum sentence as required by law or have not committed a violent crime as defined in Section 16-1-60 nor committed the crime of criminal sexual conduct in the third degree as defined in Section 16-3-654 or the crime of committing or attempting a lewd act upon a child under the age of fourteen as defined in Section 16-15-140 to be released on furlough prior to parole eligibility and under the supervision of state probation and parole agents with the privilege of residing in an approved residence and continuing treatment, training, or employment in the community until parole eligibility or expiration of sentence, whichever is earlier. The department and the Department of Probation, Parole and Pardon Services shall assess a fee sufficient to cover the cost of the participant's supervision and any other financial obligations incurred because of his participation in the supervised furlough program as provided by this article. The two departments shall jointly develop and approve written guidelines for the program to include, but not be limited to, the selection criteria and process, requirements for supervision, conditions for participation, and removal. The cooperative agreement between the two departments shall specify the responsibilities and authority for implementing and operating the program. Inmates approved and placed on the program must be under the supervision of agents of the Department of Probation, Parole and Pardon Services who are responsible for insuring the inmate's compliance with the rules, regulations, and conditions of the program as well as monitoring the inmate's employment and participation in any of the prescribed and authorized community-based correctional programs such as vocational rehabilitation, technical education, and alcohol/drug treatment. Eligibility criteria for the program include, but are not limited to, all of the following requirements: (1) maintain a clear disciplinary record for at least six months prior to consideration for placement on the program; (2) demonstrate to Department of Corrections' officials a general desire to become a law-abiding member of society; (3) satisfy any other reasonable requirements imposed upon him by the Department of Corrections; (4) have an identifiable need for and willingness to participate in authorized community-based programs and rehabilitative services; (5) have been committed to the State Department of Corrections with a total sentence of five years or less as the first or second adult commitment for a criminal offense for which the inmate received a sentence of one year or more. The Department of Corrections shall notify victims pursuant to Section 16-3-1530(c) as well as the sheriff's office of the place to be released before releasing inmates through any supervised furlough program. These requirements do not apply to the crimes referred to in this section."
Technical corrections
SECTION 442. Section 24-13-940 of the 1976 Code is amended to read:
"Section 24-13-940. The official administering the work/punishment program may contract with the South Carolina Department of Corrections or with other governmental bodies to allow inmates committed to serve sentences in the custody of the department or in other local correctional facilities to participate in the program and be confined in the local correctional institution of the receiving official."
Commissioner changed to director
SECTION 443. Section 24-13-1310(3) of the 1976 Code is amended to read:
"(3) `Director' means the Director of the Department of Corrections."
Commissioner changed to director
SECTION 444. Section 24-13-1320 of the 1976 Code is amended to read:
"Section 24-13-1320. (A) The director of the department, guided by consideration for the safety of the community and the welfare of the inmate, shall promulgate regulations, according to procedures set forth in the Administrative Procedures Act, for the shock incarceration program. The regulations must reflect the purpose of the program and include, but are not limited to, selection criteria, inmate discipline, programming and supervision, and program structure and administration. (B) For each reception center the director shall appoint or cause to be appointed a shock incarceration selection committee which must include at least one representative of the Department of Probation, Parole and Pardon Services and which shall meet on a regularly scheduled basis to review all applications for a program. (C) A program may be established only at an institution classified by the director as a shock incarceration facility. (D) The department shall undertake studies and prepare reports periodically on the impact of a program and on whether the programmatic objectives are met."
Commissioner changed to director
SECTION 445. Section 24-13-1330(B) and (C) of the 1976 Code are amended to read:
"(B) The committee shall consider input received from law enforcement agencies, victims, and others in making its decision for approval or disapproval of participation. If the committee determines that an inmate's participation in a program is consistent with the safety of the community, the welfare of the applicant, and the regulations of the department, the committee shall forward the application to the director or his designee for approval or disapproval. (C) An applicant may not participate in a program unless he agrees to be bound by all of its terms and conditions and indicates this agreement by signing the following: `I accept the foregoing program and agree to be bound by its terms and conditions. I understand that my participation in the program is a privilege that may be revoked at the sole discretion of the director. I understand that I shall complete the entire program successfully to obtain a certificate of earned eligibility upon the completion of the program, and if I do not complete the program successfully, for any reason, I will be transferred to a nonshock incarceration correctional facility to continue service of my sentence'."
Commissioner changed to director
SECTION 446. Section 24-13-1340(B) of the 1976 Code is amended to read:
"(B) The director shall submit his findings, along with recommendations for sentencing, to the court within fifteen working days after an inmate has been received into the custody of the department."
Commissioner changed to director
SECTION 447. Section 24-13-1520(1) and (2) of the 1976 Code are amended to read:
"(1) `Department' means, in the case of a juvenile offender, the Department of Juvenile Justice and, in the case of an adult offender, the Department of Probation, Parole and Pardon Services, the Department of Corrections, and any other law enforcement agency created by law. (2) `Court' means a circuit or family court having criminal or juvenile jurisdiction to sentence an individual to incarceration for a violation of law, the Department of Probation, Parole and Pardon Services, Board of Juvenile Parole, and the Department of Corrections."
Department restructured
SECTION 448. Section 24-13-1590 of the 1976 Code is amended to read:
"Section 24-13-1590. Nothing in this article: (1) applies to a person, regardless of age, who violates the illicit narcotic drugs and controlled substances laws of this State; or (2) diminishes the lawful authority of the courts of this State, the Department of Juvenile Justice, or the Department of Probation, Parole and Pardon Services to regulate or impose conditions for probation or parole."
Commissioner changed to director
SECTION 449. Section 24-19-10(c) of the 1976 Code is amended to read:
"(c) `Director' means the Director of the Department of Corrections."
Commissioner changed to director
SECTION 450. Section 24-19-20 of the 1976 Code is amended to read:
"Section 24-19-20. There is hereby created within the Department of Corrections a Youthful Offender Division. The division shall be staffed by appointees and designees of the Director of the Department of Corrections. The staff members shall be delegated such administrative duties and responsibilities as may be required to carry out the purpose of this chapter."
Commissioner changed to director
SECTION 451. Section 24-19-30 of the 1976 Code is amended to read:
"Section 24-19-30. The division shall consider problems of treatment and correction; shall consult with and make recommendations to the director with respect to general treatment and correction policies and procedures for committed youthful offenders, and recommend orders to direct the release of youthful offenders conditionally under supervision and the unconditional discharge of youthful offenders; and take such further action and recommend such other orders to the director as may be necessary or proper to carry out the purpose of this chapter."
Technical corrections
SECTION 452. Section 24-19-40 of the 1976 Code is amended to read:
"Section 24-19-40. The division shall adopt such rules as the South Carolina Department of Corrections approves and promulgate them as they apply directly or indirectly to its procedure."
Commissioner changed to director
SECTION 453. Section 24-19-60 of the 1976 Code is amended to read:
"Section 24-19-60. Youthful offenders shall undergo treatment in minimum security institutions, including training schools, hospitals, farms, forestry and other camps, including vocational training facilities and other institutions and agencies that will provide the essential varieties of treatment. The director, as far as is advisable and necessary, shall designate, set aside and adopt institutions and agencies under the control of the department and the division for the purpose of carrying out the objectives of this chapter. The director may further maintain a cooperative program with the Department of Vocational Rehabilitation involving the operation of reception and evaluation centers, utilizing funds and staffing services of the department which are appropriate for matching with Federal Vocational Rehabilitation funds. Insofar as practical and to the greatest degree possible, such institutions, facilities and agencies shall be used only for the treatment of committed youthful offenders, and such youthful offenders shall be segregated from other offenders, and classes of committed youthful offenders shall be segregated according to their needs for treatment."
Commissioner changed to director
SECTION 454. Section 24-19-80 of the 1976 Code is amended to read:
"Section 24-19-80. The director may establish agreements with the Department of Vocational Rehabilitation for the operation of reception and evaluation centers. The reception and evaluation centers shall make a complete study of each committed youthful offender, including a mental and physical examination, to ascertain his personal traits, his capabilities, pertinent circumstances of his school, family life, any previous delinquency or criminal experience, and any mental or physical defect or other factor contributing to his delinquency. In the absence of exceptional circumstances, such study shall be completed within a period of thirty days. The reception and evaluation center shall forward to the director and to the division a report of its findings with respect to the youthful offender and its recommendations as to his treatment. At least one member of the division shall, as soon as practicable after commitment, interview the youthful offender, review all reports concerning him and make such recommendations to the director and to the division as may be indicated."
Commissioner changed to director
SECTION 455. Section 24-19-90 of the 1976 Code is amended to read:
"Section 24-19-90. On receipt of the report and recommendations from the Reception and Evaluation Center and from the members of the division, the director may: (a) recommend to the division that the committed youthful offender be released conditionally under supervision; or (b) allocate and direct the transfer of the committed youthful offender to an agency or institution for treatment; or (c) order the committed youthful offender confined and afforded treatment under such conditions as he believes best designed for the protection of the public."
Commissioner changed to director
SECTION 456. Section 24-19-100 of the 1976 Code is amended to read:
"Section 24-19-100. The director may transfer at any time a committed youthful offender from one agency or institution to any other agency or institution."
Commissioner changed to director
SECTION 457. Section 24-19-110 of the 1976 Code is amended to read:
"Section 24-19-110. The division may at any time after reasonable notice to the director release conditionally under supervision a committed youthful offender. When, in the judgment of the director, a committed youthful offender should be released conditionally under supervision he shall so report and recommend to the division. The division may regularly assess a reasonable fee to be paid by the youthful offender who is on conditional release to offset the cost of his supervision. The division may discharge a committed youthful offender unconditionally at the expiration of one year from the date of conditional release."
Board changed to department
SECTION 458. Section 24-19-160 of the 1976 Code is amended to read:
"Section 24-19-160. Nothing in this chapter shall limit or affect the power of any court to suspend the imposition or execution of any sentence and place a youthful offender on probation. Nothing in this chapter shall be construed to amend, repeal or affect the jurisdiction of the Department of Probation, Parole and Pardon Services. For parole purposes, a sentence pursuant to Section 24-19-50 (c) shall be considered a sentence for six years."
Department restructured
SECTION 459. Section 24-21-10 of the 1976 Code is amended to read:
"Section 24-21-10. (A) The Department of Probation, Parole and Pardon Services, hereafter referred to as the `department', is governed by the Director of Probation, Parole and Pardon Services, hereafter referred to as the `director'. The director must be appointed by the Governor with the advice and consent of the Senate. (B) The Board of Probation, Parole and Pardon Services is composed of seven members. The terms of office of the members are for six years and until their successors are appointed and qualify. Six of the seven members must be appointed from each of the congressional districts and one member must be appointed at-large. Vacancies must be filled by gubernatorial appointment with the advice and consent of the Senate for the unexpired term. If a vacancy occurs during a recess of the Senate, the Governor may fill the vacancy by appointment for the unexpired term pending the consent of the Senate. A chairman must be elected annually by a majority of the membership of the board. The chairman may serve consecutive terms."
Removal of director and board
SECTION 460. Section 24-21-11 of the 1976 Code is amended to read:
"Section 24-21-11. The director and members of the board shall be subject to removal by the Governor pursuant to the provisions of Section 1-3-240."
Technical changes
SECTION 461. Section 24-21-12 of the 1976 Code is amended to read:
"Section 24-21-12. The members of the board shall draw no salaries, but each member shall be entitled to such per diem as may be authorized by law for boards, commissions, and committees, plus actual and necessary expenses incurred pursuant to the discharge of official duties."
Director's duties
SECTION 462. Section 24-21-13 of the 1976 Code is amended to read:
"Section 24-21-13. (A) It is the duty of the director to oversee, manage, and control the department. The director shall develop written policies and procedures for the following: (1) the supervising of offenders on probation, parole, and other offenders released from incarceration prior to the expiration of their sentence; (2) the granting of paroles and pardons; (3) the operation of community based correctional programs; and (4) the operation of public work sentence programs for offenders as provided in item (1) of this subsection. This program also may be utilized as an alternative to technical revocations. The director shall establish priority programs for litter control along state and county highways. This must be included in the `public service work' program. (B) It is the duty of the board to consider cases for parole, pardon, and any other form of clemency provided for under law."
Commissioner changed to director
SECTION 463. Section 24-21-60 of the 1976 Code is amended to read:
"Section 24-21-60. Every city, county, or state official or department shall assist and cooperate to further the objectives of this chapter. The board, the director of the department, and the probation agents may seek the cooperation of officials and departments and especially of the sheriffs, jailers, magistrates, police officials, and institutional officers. The director may conduct surveys of the State Penitentiary, county jails, and camps and obtain information to enable the board to pass intelligently upon all applications for parole. The Director of the Department of Corrections and the wardens, jailers, sheriffs, supervisors, or other officers in whose control a prisoner may be committed must aid and assist the director and the probation agents in the surveys."
Commissioner changed to director
SECTION 464. Section 24-21-70 of the 1976 Code is amended to read:
"Section 24-21-70. The Director of the Department of Corrections, when a prisoner is confined in the State Penitentiary, the sheriff of the county, when a person is confined in the county jail, and the county supervisor or chairman of the governing body of the county if there is no county supervisor, when a prisoner is confined upon a work detail of a county, must keep a record of the industry, habits, and deportment of the prisoner, as well as other information requested by the board or the director and furnish it to them upon request."
Duties restructured
SECTION 465. Section 24-21-220 of the 1976 Code is amended to read:
"Section 24-21-220. The director shall be vested with the exclusive management and control of the department and shall be responsible for the management of the department and for the proper care, treatment, supervision, and management of offenders under its control. The director shall manage and control the department and it shall be the duty of the director to carry out the policies of the department. The director is responsible for scheduling board meetings, assuring that the proper cases and investigations are prepared for the board, maintaining the board's official records, and performing other administrative duties relating to the board's activities. The director must employ within his office such personnel as may be necessary to carry out his duties and responsibilities including the functions of probation and parole supervision, community based programs, financial management, research and planning, staff development and training, and internal audit. The director shall make annual written reports to the board, the Governor, and the General Assembly providing statistical and other information pertinent to the department's activities."
Commissioner changed to director
SECTION 466. Section 24-21-221 of the 1976 Code is amended to read:
"Section 24-21-221. The director must give a thirty-day written notice of any board hearing during which the board will consider parole for a prisoner to the following persons: (1) any victim of the crime who suffered damage to his person as a result thereof or if such victim is deceased, to members of his immediate family to the extent practicable; (2) the solicitor who prosecuted the prisoner or his successor in the jurisdiction in which the crime was prosecuted; and (3) the law enforcement agency that was responsible for the arrest of the prisoner concerned."
Names and duties changed
SECTION 467. Section 24-21-230 of the 1976 Code is amended to read:
"Section 24-21-230. The director must employ such probation agents as required for service in the State and such clerical assistants as may be necessary. Such probation and parole agents must take and pass such psychological and qualifying examinations as directed by the director. The director must ensure that each probation agent receives adequate training. Until such initial employment requirements are met, no person may take the oath of a probation agent nor exercise the authority granted thereto."
Names changed
SECTION 468. Section 24-21-250 of the 1976 Code is amended to read:
"Section 24-21-250. The probation agents must be paid salaries, to be fixed by the department, payable semimonthly, and also be paid traveling and other necessary expenses incurred in the performance of their official duties when the expense accounts have been authorized and approved by the director."
Names changed
SECTION 469. Section 24-21-260 of the 1976 Code is amended to read:
"Section 24-21-260. Probation agents appointed under Section 24-21-230 must be assigned to serve in courts or districts or other places the director may determine."
Names changed
SECTION 470. Section 24-21-280 of the 1976 Code is amended to read:
"Section 24-21-280. A probation agent must investigate all cases referred to him for investigation by the judges or director and report in writing. He must furnish to each person released on probation under his supervision a written statement of the conditions of probation and must instruct him regarding them. He must keep informed concerning the conduct and condition of each person on probation or parole under his supervision by visiting, requiring reports, and in other ways and must report in writing as often as the court or director may require. He must use practicable and suitable methods to aid and encourage persons on probation or parole to bring about improvement in their conduct and condition. A probation agent must keep detailed records of his work, make reports in writing, and perform other duties as the director may require. A probation agent must have, in the execution of his duties, the power to issue an arrest warrant or a citation charging a violation of conditions of supervision, the powers of arrest, and to the extent necessary the same right to execute process given by law to sheriffs. In the performance of his duties of probation and parole investigation and supervision, he is regarded as the official representative of the court and the department."
Commissioner changed to director
SECTION 471. Section 24-21-290 of the 1976 Code is amended to read:
"Section 24-21-290. All information and data obtained in the discharge of his official duty by a probation agent is privileged information, is not receivable as evidence in a court, and may not be disclosed directly or indirectly to anyone other than the judge or others entitled under this chapter to receive reports unless ordered by the court or the director."
Board changed to director
SECTION 472. Section 24-21-485 of the 1976 Code is amended to read:
"Section 24-21-485. In order for the department to establish and maintain restitution centers, the director may: (1) develop policies and procedures for the operation of restitution centers; (2) fund other management options advantageous to the State including, but not limited to, contracting with public or nonpublic entities for management of restitution centers; (3) lease buildings; (4) develop standards for disciplinary rules to be imposed on residents of restitution centers; (5) develop standards for the granting of emergency furloughs to participants."
Commissioner changed to director
SECTION 473. Section 24-21-620 of the 1976 Code is amended to read:
"Section 24-21-620. Within the ninety-day period preceding a prisoner having served one-fourth of his sentence, the board, either acting in a three-member panel or meeting as a full board, shall review the case, regardless of whether or not any application has been made therefor, for the purpose of determining whether or not such prisoner is entitled to any of the benefits provided for in this chapter; provided, that in cases of prisoners in confinement due to convictions for nonviolent crimes, an administrative hearing officer may be appointed by the director to review the case who must submit to the full board written findings of fact and recommendations which shall be the basis for a determination by the board. Upon an affirmative determination, the prisoner must be granted a provisional parole or parole. Upon a negative determination, the prisoner's case shall be reviewed every twelve months thereafter for the purpose of such determination."
Commissioner changed to director
SECTION 474. Section 24-21-645 of the 1976 Code is amended to read:
"Section 24-21-645. The board may issue an order authorizing the parole which must be signed either by a majority of its members or by all three members meeting as a parole panel on the case ninety days prior to the effective date of the parole; provided, that at least two-thirds of the members of the board must authorize and sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. A provisional parole order shall include the terms and conditions, if any, to be met by the prisoner during the provisional period and terms and conditions, if any, to be met upon parole. Upon satisfactory completion of the provisional period, the director or one lawfully acting for him must issue an order which, if accepted by the prisoner, shall provide for his release from custody. Provided, that upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their cases reviewed every two years for the purpose of a determination of parole."
Commissioner changed to director
SECTION 475. Section 24-21-650 of the 1976 Code is amended to read:
"Section 24-21-650. The board shall issue an order authorizing the parole which must be signed by at least a majority of its members with terms and conditions, if any, but at least two-thirds of the members of the board must sign orders authorizing parole for persons convicted of a violent crime as defined in Section 16-1-60. The director, or one lawfully acting for him, then must issue a parole order which, if accepted by the prisoner, provides for his release from custody. Upon a negative determination of parole, prisoners in confinement for a violent crime as defined in Section 16-1-60 must have their cases reviewed every two years for the purpose of a determination of parole."
Commissioner changed to director
SECTION 476. Section 24-21-930 of the 1976 Code is amended to read:
"Section 24-21-930. An order of pardon must be signed by at least two-thirds of the members of the board. Upon the issue of the order by the board, the director, or one lawfully acting for him, must issue a pardon order which provides for the restoration of the pardon applicant's civil rights."
Board changed to department
SECTION 477. Section 24-22-20(a) of the 1976 Code is amended to read:
"(a) `Adult criminal offender management system' means the system developed by the State Department of Corrections and the State Department of Probation, Parole and Pardon Services which permits carefully screened inmates to be identified, transferred into Department of Corrections Reintegration Centers and placed in Department of Probation, Parole and Pardon Services Community Control Strategies."
Board changed to department
SECTION 478. Section 24-22-160 of the 1976 Code is amended to read:
"Section 24-22-160. The Department of Corrections and the Budget and Control Board shall establish the operating capacities of the male prison population and the female prison population of the prison system operated by the Department of Corrections and shall, at least quarterly, certify existing operating capacities or establish changed or new operating capacities."
Duties transferred and names changed
SECTION 479. Section 24-23-40 of the 1976 Code is amended to read:
"Section 24-23-40. The community corrections plan shall provide for: (a) The department's development, implementation, monitoring and evaluation of statewide policies, procedures and agreements with state agencies, such as the Departments of Vocational Rehabilitation, Mental Health, and the Department of Alcohol and Other Drug Abuse Services, for purposes of coordination and referral of probationers and parolees for rehabilitation services. (b) The department's development of specific guidelines for the vigorous monitoring of restitution orders and fines to increase the efficiency of collection and development of a systematic reporting system so as to notify the judiciary of restitution and fine payment failures on a regular basis. (c) The department's development of a program development-and-evaluation capability so that the department can monitor and evaluate the effectiveness of the above programs as well as to conduct research and special studies on such issues as parole outcomes, revocations and recidivism. (d) The department's development of adequate training and staff development for its employees."
Board changed to department
SECTION 480. Section 24-23-110 of the 1976 Code is amended to read:
"Section 24-23-110. Judges of the Court of General Sessions may suspend the imposition or the execution of a sentence and may impose a fine and a restitution without requiring probation. The department shall implement the necessary policies and procedures to ensure the payment of such fines and restitution and report to the court failures to pay."
Board changed to department
SECTION 481. The second paragraph of Section 24-23-115 of the 1976 Code is amended to read:
"The Department of Probation, Parole and Pardon Services shall establish by regulation pursuant to the Administrative Procedures Act a definition of the term `public service work', and a mechanism for supervision of persons performing public service work."
Board changed to department or director
SECTION 482. The second paragraph of Section 24-23-220 of the 1976 Code is amended to read:
"Assessments imposed as a condition of supervision upon release from prison as specified in Section 24-23-210 must be collected by the supervising agent who shall transmit those funds to the Department of Probation, Parole and Pardon Services where it must be deposited in the state treasury. The county treasurer, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer who shall deposit them in the State's general fund. Assessments collected by municipal courts must be paid monthly to the municipal financial officer who, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer as provided in this section. From these funds, an amount equal to one-half of the amount deposited in fiscal year 1986-87 must be appropriated to the department for the purpose of developing and operating community corrections programs. The remainder of the funds must be deposited in the Victim's Compensation Fund. The director shall monitor the collection and reporting of these assessments imposed as a condition of supervision and assure that they are duly transferred to the State Treasurer."
Names changed
SECTION 483. Section 24-25-40 of the 1976 Code is amended to read:
"Section 24-25-40. The Palmetto Unified School District No. 1 shall be under the control and management of a board of nine trustees who shall operate the district under the supervision of the State Department of Corrections. Four members of the school board shall be appointed by the Director of the Department of Corrections, four members of the school board shall be appointed by the State Superintendent of Education, and one member of the school board shall be appointed by the Governor. The members of the board shall be appointed for terms of four years each and until their successors are appointed and qualify; except that of those first appointed, the members appointed by the Director of the Department of Corrections and the members appointed by the State Superintendent of Education shall be appointed for terms of one, two, three and four years, respectively, such terms to be designated by the Director of the Department of Corrections and the State Superintendent of Education when making such appointments. The member initially appointed by the Governor also shall be appointed for a term of four years. Vacancies on the board shall be filled for the remainder of the unexpired term by appointment in the same manner as provided for the original appointment."
"Board" changed to "director of the department"
SECTION 484. Section 24-25-50 of the 1976 Code is amended to read:
"Section 24-25-50. The members of the school board may be removed at any time for good cause by the Director of the Department of Corrections. The failure of any member of the school board to attend at least three consecutive meetings thereof, unless excused by formal vote of the school board, may be construed by the Director of the Department of Corrections as a resignation from the school board."
Names changed
SECTION 485. Section 24-25-70 of the 1976 Code is amended to read:
"Section 24-25-70. With the consent and concurrence of the Director of the Department of Corrections, the board of the school district shall operate as executory agent for the schools under its jurisdiction and shall perform administrative functions as follows: (1) establish goals and objectives for the operation of the district; (2) enter into agreements and contracts with other school districts, technical schools, colleges and universities; (3) establish academic education programs ranging from primary through post high school, as well as special education for the handicapped and mentally retarded; (4) establish vocational and trade courses as appropriate for preparation for employment; (5) determine physical facilities needed to carry out all education programs; (6) review and approve applications for grants, donations, contracts and other agreements from public or private sources; (7) establish a twelve-month school program and teachers' pay schedule based on the state and average school supplement pay scales; (8) present an annual educational budget to the Department of Corrections for submission to the General Assembly. The Department of Corrections when making its annual budget request shall incorporate as a line item the budget of the district within its request. To the extent permitted by law, any funds which may be appropriated by the General Assembly for the operation of the district shall not prohibit the district from securing any applicable federal funds or other funds which are available."
Division of Veterans' Affairs in the Office of the Governor
SECTION 486. Chapter 11, Title 25 of the 1976 Code is amended to read:
"CHAPTER 11
Division of Veterans' Affairs
Section 25-11-10. A Division of Veterans' Affairs in the Office of the Governor is hereby created for the purpose of assisting ex-servicemen in securing the benefits to which they are entitled under the provisions of federal legislation and under the terms of insurance policies issued by the federal government for their benefit. This division shall be under the direct supervision of a panel consisting of the Governor as chairman, the Attorney General for the purpose of giving legal advice, and the Adjutant and Inspector General.
Section 25-11-20. For the purpose of carrying on this work the Governor shall appoint a Director of the Division of Veterans' Affairs, who is charged with the duty of assisting all ex-servicemen, regardless of the wars in which their service may have been rendered, in filing, presenting, and prosecuting to final determination all claims which they have for money compensation, hospitalization, training, and insurance benefits under the terms of federal legislation. The Director of the Division of Veterans' Affairs must be a person versed in federal legislation relating to these matters and the rules, regulations, and practice of the Veterans Administration as created by Congress and must be appointed by the Governor. Before the appointment, the Governor shall receive a recommendation from (1) the executive committee of the American Legion, Department of South Carolina, (2) the Veterans of Foreign Wars of the United States, Department of South Caroina, and (3) the Disabled American Veterans. The Governor is not required to appoint the person recommended and he is subject to removal by the Governor pursuant to the provisions of Section 1-3-240(B).
Section 25-11-30. The office of the division herein provided for shall be located in Columbia in space provided by the State Budget and Control Board.
Section 25-11-40. Subject to the recommendation of a majority of the Senators representing the county and a majority of the House members representing the county, the Director of the Division of Veterans' Affairs shall appoint a county veterans affairs officer for each county in the State, whose terms of office shall begin July first of each odd-numbered year and shall continue for a term of two years and until their successors shall be appointed. Any such county veterans affairs officer shall be subject to removal at any time by a majority of the Senators representing the county and a majority of the House members representing the county.
Section 25-11-50. The Director of the Division of Veterans' Affairs shall establish uniform methods and procedure for the performance of service work among the several county officers, maintain contact and close cooperation with such officers, and provide assistance, advice and instructions with respect to changes in law and regulations and administrative procedure in relation to the application of such laws and he may require from time to time reports from such county veterans affairs officers, reflecting the character and progress of their official duties.
Section 25-11-60. The county veterans affairs officers shall render semiannually a complete report of their acts and doings to the county legislative delegation of their respective counties upon uniform forms to be furnished by the Director of the Division of Veterans' Affairs.
Section 25-11-70. The Division of Veterans' Affairs shall assist the South Carolina Agent Orange Advisory Council and the Agent Orange Information and Assistance Program at the Division of Health and Environmental Control in carrying out the purposes of Chapter 40 of Title 44. The Division of Veterans' Affairs shall: (1) refer veterans to appropriate state and federal agencies or other available resources for treatment of adverse health conditions which may have resulted from possible exposure to chemical agents, including Agent Orange; (2) assist veterans in filing compensation claims for disabilities that may have resulted from possible exposure to chemical agents, including Agent Orange; (3) communicate the concerns of veterans related to exposure to chemical agents, including Agent Orange, to appropriate state and federal officials. The division may request that the Attorney General represent a class of individuals composed of veterans who may have suffered adverse health conditions as a result of possible exposure to chemical agents, including Agent Orange, in a suit for release of information relating to the exposure to these chemicals during military service and for release of individual medical records."
Reference revised
SECTION 487. Section 27-18-20(1) of the 1976 Code is amended to read:
"(1) `Administrator' means The South Carolina Department of Revenue and Taxation, its agents, or representatives."
Reference revised
SECTION 488. Section 27-31-100(f) of the 1976 Code is amended to read:
"(f) A description of the full legal rights and obligations, both currently existing and which may occur, of the apartment owner, the co-owners, and the person establishing the regime. The master deed of any horizontal property regime developed under the provisions of this chapter that contains any submerged land shall contain a notice of restriction stating that all activities on or over and all uses of the submerged land or other critical areas are subject to the jurisdiction of the South Carolina Department of Health and Environmental Control, including, but not limited to, the requirement that any activity or use must be authorized by the South Carolina Department of Health and Environmental Control. The notice shall further state that any owner is liable to the extent of his ownership for any damages to, any inappropriate or unpermitted uses of, and any duties or responsibilities concerning any submerged land, coastal waters, or any other critical area."
Name change
SECTION 489. Section 30-4-40(a)(10) of the 1976 Code is amended to read:
"(10) Any standards used or to be used by the South Carolina Department of Revenue and Taxation for the selection of returns for examination, or data used or to be used for determining such standards, if the commission determines that such disclosure would seriously impair assessment, collection, or enforcement under the tax laws of this State."
Name change
SECTION 490. Section 31-1-30 of the 1976 Code is amended to read:
"Section 31-1-30. The Director of the Department of Commerce, hereafter in this chapter sometimes called the director, may: (1) study housing conditions and needs throughout the State to determine in what areas congested and unsanitary housing conditions constitute a menace to the health, safety, morals, welfare and reasonable comfort of the citizens of the State; (2) prepare programs for correcting such conditions; (3) collect and distribute information relating to housing; (4) investigate all matters affecting the cost of construction or production of dwellings; (5) study means of lowering rents of dwellings by securing economy in the construction and arrangement of buildings; (6) recommend and approve the areas within which or adjacent to which the construction of housing projects by limited dividend housing companies may be undertaken; and (7) cooperate with local housing officials and planning commissions or similar bodies in cities and other localities in the development of projects they at any time may have under consideration."
Name change
SECTION 491. Section 31-1-120 of the 1976 Code is amended to read:
"Section 31-1-120. The purposes for which a limited dividend housing corporation is to be formed shall be as follows: To acquire, construct, maintain and operate housing projects when authorized by and subject to the supervision of the director."
Name change
SECTION 492. Section 31-1-140 of the 1976 Code is amended to read:
"Section 31-1-140. The articles of a limited dividend housing corporation shall contain a declaration (a) that the corporation has been organized to serve a public purpose and that it shall remain at all times subject to the supervision and control of the director or of other appropriate state authority, (b) that all real estate acquired by it and all structures erected by it shall be deemed to be acquired for the purpose of promoting the public health and safety and subject to the provisions of the State Housing Law and (c) that the stockholders of the corporation shall be deemed, when they subscribe to and receive the stock thereof, to have agreed that they shall at no time receive or accept from the company, in repayment of their investment in its stock, any sums in excess of the par value of the stock, together with cumulative dividends at the rate of six percent per annum and that any surplus in excess of such amount if the company shall be dissolved, shall revert to the State."
Name change
SECTION 493. Section 31-1-150 of the 1976 Code is amended to read:
"Section 31-1-150. The articles of a limited dividend housing corporation may authorize the issuance of income debenture certificates bearing no greater interest than six percent per annum. After the incorporation of a limited dividend housing corporation, the directors thereof may, with the consent of two thirds of the holders of any preferred stock that may be issued and outstanding, offer to the stockholders of the company the privilege of exchanging their preferred and common stock in such quantities and at such times as may be approved by the director for such income debenture certificates, whose value shall not exceed the par value of the stock exchanged therefor."
Name change
SECTION 494. Section 31-1-160 of the 1976 Code is amended to read:
"Section 31-1-160. No limited dividend housing company incorporated under this chapter shall issue stock, bonds or income debentures, except for money, services or property actually received for the use and lawful purposes of the corporation. No stock, bonds or income debentures shall be issued for property or services except upon a valuation approved by the director and such valuation shall be used in computing actual or estimated cost. The director may permit stock or income debentures to be issued for working capital to be used in connection with such project to any amount not exceeding three percent of the estimated total cost or three percent of the actual cost, if actual cost should exceed estimated cost, of a project."
Name change
SECTION 495. Section 31-1-180 of the 1976 Code is amended to read:
"Section 31-1-180. No limited dividend housing company incorporated under this chapter shall: (1) acquire any real property or interest therein unless it shall first have obtained from the director a certificate that such acquisition is necessary or convenient for the public purpose defined in Section 31-1-140; (2) sell, transfer, assign or lease any real property without first having obtained the consent of the director, except that leases conforming to the regulations and rules of the Department of Commerce and for actual occupancy by the lessees may be made without the consent of the director; (3) pay interest returns on its mortgage indebtedness and its income debenture certificates at a higher rate than six percent per annum; (4) issue its stock, debentures and bonds covering any project undertaken by it in an amount greater in the aggregate than the total actual final cost of such project, including the lands, improvements, charges for financing and supervision approved by the director and interest and other carrying charges during construction and an allowance for working capital to be approved by the director but not exceeding three percent of the estimated cost or of the total actual final cost if the final cost of the project shall be greater than the estimated cost; (5) mortgage any real property without first having obtained the consent of the director; (6) issue any securities or evidences of indebtedness without first having obtained the approval of the director and the approval of the Insurance Commissioner of South Carolina; (7) use any building erected or acquired by it for other than housing purposes, except that when permitted by law the story of the building above the cellar or basement and the space below such story may be used for stores, commercial, cooperative or community purposes and when permitted by law the roof may be used for cooperative or community purposes; (8) charge or accept any rental fee or other charge for housing accommodations in any building constructed, acquired, operated or managed by it in excess of the prices prescribed by the director; (9) enter into contracts for the construction of housing projects or for the payments of salaries to officers or employees except subject to the inspection and revision of the director and under such regulations as the Department of Commerce from time to time may prescribe; (10) voluntarily dissolve without first having obtained the consent of the director; or (11) make any guaranty without the approval of the director."
Name change
SECTION 496. Section 31-1-180(6) of the 1976 Code is amended to read:
"(6) issue any securities or evidences of indebtedness without first having obtained the approval of the director and the approval of the Director of the Department of Insurance, or his designee;"
Name change
SECTION 497. Section 31-1-200 of the 1976 Code is amended to read:
"Section 31-1-200. In pursuance of its power to supervise and regulate the operations of limited dividend housing companies incorporated under this chapter the director may: (1) order any such corporation to make, at its expense, such repairs and improvements as will preserve or promote the health and safety of the occupants of buildings and structures owned or operated by such corporations; (2) order all such corporations to do such acts as may be necessary to comply with the provisions of the law, the rules and regulations adopted by the Department of Commerce or the terms of any project approved by the director or to refrain from doing any acts in violation thereof; (3) examine all such corporations and keep informed as to their general condition, their capitalization and the manner in which their property is constructed, leased, operated or managed; (4) either through its members or agents duly authorized by it, enter in or upon and inspect the property, equipment, buildings, plants, offices, apparatus and devices of any such corporation, examine all books, contracts, records, documents and papers of any such corporation and by subpoena duces tecum compel the production thereof; (5) in its discretion prescribe uniform methods and forms of keeping accounts, records and books to be observed by such corporations and prescribe by order accounts in which particular outlays and receipts shall be entered, charged or credited; (6) require every such corporation to file with the director an annual report setting forth such information as the director may require, verified by the oath of the president and general manager or receiver, if any, thereof or by the person required to file such report, such report to be in the form, cover the period and be filed at the time prescribed by the director; (7) require specific answers to questions upon which the director may desire information and require such corporation to file periodic reports in the form covering the period and at the time prescribed by the director; and (8) from time to time make, amend and repeal rules and regulations for carrying into effect the provisions of this chapter."
Name change
SECTION 498. Section 31-1-210 of the 1976 Code is amended to read:
"Section 31-1-210. The director may investigate the affairs of limited dividend housing companies incorporated under this chapter and the dealings, transactions or relationships of such companies with other persons. Any of the investigations provided for in this chapter may be conducted by the director or by a committee to be appointed by the director. Each member of the committee may administer oaths, take affidavits and make personal inspections of all places to which their duties relate. The committee may subpoena and require the attendance of witnesses and the production of books and papers relating to the investigations and inquiries authorized in this chapter, examine them in relation to any matter it has power to investigate and issue commissions for the examination of witnesses who are out of the State or unable to attend before the committee or excused from attendance."
Name change
SECTION 499. Section 31-1-220 of the 1976 Code is amended to read:
"Section 31-1-220. The director may charge and collect from a limited dividend housing corporation, incorporated under this chapter, reasonable fees in accordance with the rates to be established by the rules of the Department of Commerce: (1) for the examination of plans and specifications and the supervision of construction, an amount not to exceed one half of one percent of the cost of the project; (2) for the holding of a public hearing upon application of a housing corporation, an amount sufficient to meet the reasonable cost of advertising the notice thereof and of the transcript of testimony taken thereat; and (3) for any examination or investigation made upon application of a housing corporation and for any act done by the Department of Commerce, or any of its employees, in performance of their duties under this chapter, an amount reasonably calculated to meet the expenses of the department incurred in connection therewith. In no event shall any part of the expenses of the department incurred under the provisions of this chapter ever be paid out of the State Treasurer. The director may authorize a housing corporation to include such fees as part of the cost of a project or as part of the charges specified in Section 31-1-620 pursuant to rules to be established by the Department of Commerce."
Name change
SECTION 500. Article 5 of Chapter 1 of Title 31 of the 1976 Code is amended to read:
"Article 5
Projects
Section 31-1-410. No housing project proposed by a limited dividend housing company incorporated under this chapter shall be undertaken and no building or other construction shall be placed under contract or started without the approval of the director. No housing project shall be approved by the director unless: (1) it shall appear practicable to rent the housing accommodations to be created at rentals not exceeding those prescribed by the director; (2) the project will not be in contravention of any zoning or building ordinance in effect in the locality in which the housing accommodations are to be located; (3) there shall be submitted to the director a financial plan in such form and with such assurance as the director may prescribe to raise the actual cost of the lands and projected improvements by subscriptions to or the sale of the stock, income debentures and mortgage bonds of such corporation, which plan may provide for the raising of working capital in an amount to be approved by the director not to exceed three percent of the actual cost through the investment in stock and income debentures of the corporation; (4) there shall be such plans of site development and buildings as show conformity to reasonable standards of health, sanitation, safety and provision for light and air, accompanied by proper specifications and estimates of cost, such plans and specifications in any case not falling below the requirements of the health, sanitation, safety and housing laws of the State and meeting superior requirements if prescribed by local laws and ordinances; (5) the plans and specifications mentioned in item (4) shall have been submitted to the city council or other governing body of the city in which the housing project is located; (6) if required by the director, the corporation shall deposit all moneys received by it as proceeds of its mortgage bonds, notes, income debentures or stock with a trustee which shall be a banking corporation authorized to do business in this State and to perform trust functions; and (7) the acceptance of a designee of the director as a member of the board of directors of such corporation.
Section 31-1-420. The city council to which plans and specifications shall have been submitted pursuant to item (5) of Section 31-1-410 shall return such plans and specifications to the director within fifteen days of their receipt by the council, together with such statements and recommendations as the council may desire to make. It shall be within the discretion of the director to adopt or to reject any or all of such recommendations.
Section 31-1-430. Whenever reference is made in this chapter to the cost of projects or of buildings and improvements in projects, such cost shall include charges for financing and supervision approved by the director and carrying charges during construction required in the project, including interest on borrowed, and, when approved by the director, on invested capital.
Section 31-1-440. A trustee to whom moneys are payable pursuant to requirements of the director made pursuant to item (6) of Section 31-1-410 shall receive such moneys and make payment therefrom for the acquisition of land, the construction of improvements and other items entering into the cost of land improvement upon presentation of draft, check or order signed by a proper officer of the corporation and, if required by the director, countersigned by the director or a person designated by the director for such purpose. Any funds remaining in the custody of such trustee after the completion of the project and payment or arrangement in a manner satisfactory to the director for payment in full thereof shall be paid to the corporation.
Section 31-1-450. When the director shall have approved a project for the construction of housing accommodations presented to it by a limited dividend housing corporation, the corporation may undertake the acquisition of the property needed for the project. Such property may be acquired by gift, bequest or purchase or by the exercise of the power of eminent domain under and pursuant to the law providing for the appropriation or condemnation of private property by corporations.
Section 31-1-460. The power of eminent domain shall not be exercised by a limited dividend housing corporation except with specific authorization of such action by the director and for such purpose the director shall specify that the acquisition of the property and the construction of the particular housing accommodations in connection with which the power is required has been determined by the director, after public hearing, to be in the public interest and necessary for the public use. The hearing shall be held at a time and place appointed by the director and notice of such hearing shall be given by the corporation by one publication in a newspaper, designated by the director, published or circulated in the city or county wherein the property is located at least ten days prior to such hearing. The owner, as shown upon the county auditor's current tax duplicate, of such property as is proposed to be acquired shall also be notified at least ten days prior to such hearing by registered mail addressed to the last known address of such owner. The director may expressly except from its certificate hereunder, as unnecessary to the plan, any part of the property proposed to be acquired. The approval by the director of the project shall be deemed in any proceeding to acquire land by appropriation as sufficient evidence of the necessity of the appropriation and a duly certified copy of the certificate of the director shall be conclusive evidence as to the matters lawfully certified therein in any appropriation proceeding.
Section 31-1-470. Whenever the council of any municipality in which a project approved by the director is located shall determine by ordinance that any part of the land included in any such project should be maintained as a public park or grounds, such land may be purchased by the municipality for such purpose and thereafter be maintained as a public park or grounds. The council of a municipality by ordinance may also determine that real property of the municipality, specified and described in such ordinance, is not required for use by the municipality and may sell or lease such real property to a limited dividend housing corporation incorporated under this chapter.
Section 31-1-480. Before any limited dividend housing company incorporated under this chapter shall purchase the property of any other limited dividend housing corporation, it shall file an application with the director in the manner herein provided as for a new project and shall obtain the consent of the director to the purchase and agree to be bound by the provisions of this chapter and the director shall not give his consent unless it is shown to his satisfaction that the project is one that can be successfully operated according to the provisions of this chapter.
Section 31-1-490. The director may permit the consolidation of two or more approved projects, the extension or amendment of any approved project or the consolidation of any approved project with a proposed project. In any of these events the consolidated project shall be treated as an original project and an application shall be submitted as in the case of an original project and rents may be averaged throughout the consolidated or extended project. The director may likewise permit or decline to permit any limited dividend corporation to organize and operate more than one project or to take over any project heretofore approved by the director and operate it independently of other projects of the corporation."
Name change
SECTION 501. Article 7 of Chapter 1 of Title 31 of the 1976 Code is amended to read:
"Article 7
Operation, Mortgages, Reorganization, Foreclosure, and the Like
Section 31-1-610. The director shall fix the maximum rental or charges per room to be charged the tenants of the housing accommodations furnished by any limited dividend housing corporation. Such maximum rental or charges shall be determined upon the basis of the actual final cost of the project containing such rooms so as to secure, together with all other income of the corporation, a sufficient income to meet all necessary payments to be made by the corporation as herein prescribed and such room rental rates or charges shall be subject to revision by the director from time to time. Letting, subletting or assignment of leases of apartments in such housing accommodations at greater rentals than prescribed by the order of the director are prohibited and all such leases will be void for all purposes.
Section 31-1-620. The payments to be made by such corporation shall be: (1) all fixed charges and all operating and maintenance charges and expenses which shall include taxes, assessments, insurance, amortization charges in amounts approved by the director to amortize the mortgage indebtedness in whole or in part, depreciation charges if, when and to the extent deemed necessary by the director, reserves, sinking fund and corporate expenses essential to the operation and management of the project in amounts approved by the director; (2) a dividend not exceeding the maximum fixed by this chapter upon the stock of the corporation allotted to the project by the director; and (3) when feasible in the judgment of the director, a sinking fund in an amount to be fixed by the director for the gradual retirement of the stock and income debentures of the corporation to the extent permitted by this chapter.
Section 31-1-630. If in any calendar or fiscal year the gross receipts of any company formed hereunder should exceed the payments or charges specified in Section 31-1-620, the sums necessary to pay dividends, interest accrued or unpaid on any stock or income debentures and the authorized transfer to surplus, the balance shall, unless the board of directors with the approval of the director shall deem such balance too small for the purpose, be applied to the reduction of rentals.
Section 31-1-640. The amounts of net earnings transferable to surplus in any year after making or providing for the payments specified in Section 31-1-620 shall be subject to the approval of the director. The amount of such surplus shall not exceed fifteen percent of the outstanding capital stock and income debentures of the corporation, but the surplus so limited shall not be deemed to include any increase in assets due to the reduction of a mortgage or amortization or similar payments. On dissolution of any limited dividend housing corporation the stockholders and income debenture certificate holders shall in no event receive more than the par value of their stock and debentures plus accumulated, accrued and unpaid dividends or interest and any remaining surplus shall be paid into the general fund of the State.
Section 31-1-650. Whenever the director shall be of the opinion that any such limited dividend housing corporation is failing or omitting or about to fail or omit to do, anything required of it by law or by order of the director and is doing or about to do anything or permitting anything or about to permit anything to be done, contrary to or in violation of law or of any order of the director or which is improvident or prejudicial to the interests of the public, the lienholders or the stockholders, it may commence an action or proceeding in the court of common pleas of the county in which the corporation is located, in the name of the director, for the purpose of having such violations or threatened violations stopped and prevented either by mandamus or injunction.
Section 31-1-660. The director shall begin such action or proceeding by a petition and complaint to the court of common pleas, alleging the violations complained of and praying for appropriate relief by way of mandamus or injunction. The court shall thereupon specify the time, not exceeding twenty days after service of a copy of the petition and complaint, within which the corporation complained of must answer the petition and complaint. In case of default in answer or after answer the court shall immediately inquire into the facts and circumstances in such manner as the court shall direct without other or formal pleadings and without respect to any technical requirements. Such other persons or corporations as it shall seem to the court necessary or proper to join as parties in order to make its order or judgment effective may be joined as parties. The final judgment in any such action or proceeding shall either dismiss the action or proceeding or direct that a mandamus order or an injunction or both, be issued as prayed for in the petition and complaint or in such modified or other form as the court may determine will afford appropriate relief.
Section 31-1-670. Any company incorporated under this chapter may, subject to the approval of the director, borrow funds and secure the repayment thereof by bond and mortgage or by an issue of bonds under a trust indenture. Each mortgage or issue of bonds by a company formed hereunder shall relate only to a single specified project and no other and such bonds shall be secured by mortgages upon all of the real property of which such project consists. The bonds so issued and secured and the mortgage or trust indenture relating thereto may create a first or senior lien and a second or junior lien upon the real property embraced in any project. Such bonds and mortgages may contain such other clauses and provisions as shall be approved by the director, including the right to assignment of rents and entry into possession in case of default, but the operation of the housing projects in the event of such entry by mortgagee, trustee or receiver shall be subject to the regulations of the Department of Commerce under this chapter. Provisions for the amortization of the bonded indebtedness of companies incorporated under this chapter shall be subject to the approval of the director.
Section 31-1-680. In any foreclosure action the director shall be made a party defendant and shall take all steps in such action necessary to protect the interest of the public therein. No costs shall be awarded against the director. Foreclosure shall not be decreed unless the court to which application therefor is made shall be satisfied that the interests of the lienholder or holders cannot be adequately secured or safeguarded except by the sale of the property. In any such proceeding the court may make an order increasing the rental to be charged for the housing accommodations in the project involved in such foreclosure or appoint a receiver of the property or grant such other and further relief as may be reasonable and proper. In the event of a foreclosure sale or other judicial sale the property shall, except as provided in Section 31-1-690, be sold to a limited dividend housing corporation organized under this chapter, if such a corporation shall bid and pay a price for the property sufficient to pay court costs and all liens on the property with interest. Otherwise the property shall be sold free of all restrictions imposed by this chapter.
Section 31-1-690. Notwithstanding the provisions of Section 31-1-680, whenever it shall appear that a corporation subject to the supervision either of the Insurance Commissioner of South Carolina, the State Board of Bank Control or the federal government or any agency or department of the federal government, shall have loaned on a mortgage which is a lien upon any such property, such corporation shall have all the remedies available to a mortgagee under the laws of this State, free from any restrictions contained in Section 31-1-680, except that the director shall be made a party defendant and shall take all steps necessary to protect the interests of the public and no costs shall be awarded against it.
Section 31-1-700. If a judgment is obtained against a limited dividend housing corporation in any action not pertaining to the collection of a mortgage indebtedness there shall be no sale of any of the real property of such corporation except upon sixty days' written notice to the director. Upon receipt of such notice the director shall take such steps as in its judgment may be necessary to protect the rights of all parties.
Section 31-1-710. Reorganization of limited dividend housing corporations shall be subject to the supervision and control of the director and no such reorganization shall be had without the authorization of such director. Upon all such reorganizations the amount of capitalization, including therein all stocks, income debentures and bonds and other evidences of indebtedness shall be such as is authorized by the director which, in making its determination, shall not exceed the fair value of the property involved."
Name change
SECTION 502. Section 31-1-690 of the 1976 Code is amended to read:
"Section 31-1-690. Notwithstanding the provisions of Section 31-1-680, whenever it shall appear that a corporation subject to the supervision either of the Insurance Department of South Carolina, the State Board of Bank Control or the federal government or any agency or department of the federal government, shall have loaned on a mortgage which is a lien upon any such property, such corporation shall have all the remedies available to a mortgagee under the laws of this State, free from any restrictions contained in Section 31-1-680, except that the director shall be made a party defendant and shall take all steps necessary to protect the interests of the public and no costs shall be awarded against it."
Definition revised
SECTION 503. Section 31-3-20(1) of the 1976 Code is amended to read:
"(1) The term `director' shall mean the Director of the Department of Commerce;"
Name change
SECTION 504. Section 31-3-340 of the 1976 Code is amended to read:
"Section 31-3-340. When the council of a city adopts a resolution as aforesaid, it shall promptly notify the mayor of such adoption. Upon receiving such notice the mayor shall appoint five persons as commissioners of the authority created for the municipality. The commissioners who are first appointed shall be designated to serve for terms of one, two, three, four and five years, respectively, from the date of their appointment, but thereafter commissioners shall be appointed as aforesaid for a term of office of five years except that all vacancies shall be filled for the unexpired term. No commissioner of an authority may be an officer or employee of the city for which the authority is created. A commissioner shall hold office until his successor has been appointed and has qualified. A certificate of the appointment or reappointment of any commissioner shall be filed in the office of the clerk of the Circuit Court of the county in which the city is located, in the office of the Secretary of State and in the office of the Director of the Department of Commerce and such certificate shall be conclusive evidence of the due and proper appointment of such commissioner."
Name change
SECTION 505. Section 31-3-370 of the 1976 Code is amended to read:
"Section 31-3-370. For inefficiency, neglect of duty or misconduct in office a commissioner of an authority may be removed by the mayor, but a commissioner shall be removed only after he shall have been given a copy of the charges at least ten days prior to the hearing thereon and had an opportunity to be heard in person or by counsel. In the event of the removal of any commissioner a record of the proceedings, together with the charges and findings thereon, shall be filed in the office of the clerk of the Circuit Court of the county in which the city is located, in the office of the Secretary of State and in the office of the Director of the Department of Commerce."
Name change
SECTION 506. Section 31-3-390 of the 1976 Code is amended to read:
"Section 31-3-390. The territorial jurisdiction of each authority, except as otherwise specially provided, shall be coterminous with the boundaries of the city creating the authority unless this territory is extended by the director. The director may extend the territorial jurisdiction of any housing authority over territory contiguous to that of the housing authority if such extension does not conflict with any other housing authority."
Name change
SECTION 507. Section 31-3-750 of the 1976 Code is amended to read:
"Section 31-3-750. The territorial jurisdiction of a housing authority of a county shall be coterminous with the boundaries of the county in which such authority is situated but shall not include that portion of the county within the territorial jurisdiction of any housing authority of a city. But notwithstanding the provisions of this section the director may extend the territorial jurisdiction of a housing authority of a city over territory contiguous thereto, including territory included within the territorial jurisdiction of the housing authority of a county, and such extension of the territorial jurisdiction of a housing authority of a city and limitation of the territorial jurisdiction of the housing authority of the county affected thereby shall not be deemed to conflict with the housing authority of the county within the meaning of Section 31-3-390 unless a housing project shall have been constructed or acquired or the director shall determine that such a project is about to be constructed or acquired by the housing authority of such county within the territory proposed to be included within the territorial jurisdiction of the housing authority of the city."
Name change
SECTION 508. Section 31-17-340 of the 1976 Code is amended to read:
"Section 31-17-340. A mobile home license issued by the licensing agent shall be valid until title to such mobile home is transferred to a new owner or until the mobile home is relocated. The license shall be evidenced by a decal to be delivered to the owner or his agent on such form as shall be prescribed by the South Carolina Department of Revenue and Taxation and shall be displayed on the mobile home so as to be clearly and readily visible from the outside. The fee for a mobile home license shall be five dollars. The fee shall be collected by the licensing agent issuing the license and shall be paid into the general fund of the county."
Name change
SECTION 509. Section 31-17-360 of the 1976 Code is amended to read:
"Section 31-17-360. If the mobile home is to be relocated, the owner shall, prior to relocation, obtain a moving permit from the licensing agent. Before issuing a moving permit, the licensing agent shall require a certificate from the county treasurer that there are no unpaid taxes due on the mobile home. If the mobile home is to be removed beyond the boundaries of the county, any taxes that have been assessed for that calendar year shall be paid in full, and if taxes have not yet been assessed for the calendar year in which the move is being made, the assessor shall provide the county auditor with an assessment and the auditor shall apply the previous year's millage. The county treasurer shall collect such taxes before issuing the requisite certificate to the licensing agent. Provided, however, that the licensing agent shall promptly notify the present electric supplier that a permit has been issued. Provided, further, that the permit required by this section shall not be required of mobile home dealers when they are moving a mobile home from their sales lot to a customer's lot. Provided, further, that such mobile home dealer shall not be relieved from obtaining any permit required from the Department of Revenue and Taxation for such relocation."
Name change
SECTION 510. Section 31-17-370 of the 1976 Code is amended to read:
"Section 31-17-370. The moving permit shall accompany the mobile home while it is being moved. The moving permit shall be designed and displayed in accordance with regulations to be issued by the South Carolina Department of Revenue and Taxation, which shall adopt such regulations as may be necessary to insure uniform licensing and moving permit procedures. It shall be the responsibility of the mobile home transporter that the required moving permit is properly displayed and accompanies the mobile home while it is being moved."
Definition revised
SECTION 511. Section 31-17-510(g) of the 1976 Code is amended to read:
"(g) `Department' means the Department of Public Safety."
Name change
SECTION 512. Section 33-1-210(a) of the 1976 Code is amended to read:
"(a) The Secretary of State may prescribe and furnish on request forms for: (1) an application for a certificate of existence, (2) a foreign corporation's application for a certificate of authority to transact business in this State, (3) a foreign corporation's application for a certificate of withdrawal, and (4) in conjunction with the Department of Revenue and Taxation, the annual report. If the Secretary of State so requires, use of these forms is mandatory. The Secretary of State, through regulation, may prescribe a mandatory form in regard to any other forms required or permitted by Chapters 1 through 20 of this Title to be filed in his office. All such mandatory forms must comply with all statutory requirements contained in Chapters 1 through 20 of this Title."
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