Current Status Introducing Body:Senate Bill Number:447 Primary Sponsor:Richter Committee Number:03 Type of Legislation:GB Subject:Prisoners to work in county or city Residing Body:Senate Current Committee:Corrections and Penology Computer Document Number:447 Introduced Date:19930223 Last History Body:Senate Last History Date:19930223 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Richter Reese Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
447 Senate 19930223 Introduced, read first time, 03
referred to Committee
View additional legislative information at the LPITS web site.
A BILL TO AMEND SECTIONS 17-25-70, 24-3-35, 24-7-10, 24-7-20, 24-7-30, 24-7-40 AND 24-7-50 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, SO AS TO PROVIDE THAT COUNTY AND MUNICIPAL GOVERNING AUTHORITIES MUST UTILIZE ABLE-BODIED MEMBERS OF ITS PRISON POPULATION IN WORK GANGS ON PUBLIC WORKS OR BUILDINGS OF THE COUNTY AND MUNICIPALITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-25-70 of the 1976 Code is amended to read:
"Section 17-25-70. Notwithstanding any other provision of law, a local governing body may authorize the sheriff or other official in charge of this any local correctional facility to must require any able-bodied convicted person committed to such facility to perform labor on the public works or ways. Any convicted person physically capable of performing such labor who refuses to obey a direct order to perform such labor shall not be entitled to good behavior credits pursuant to Section 24-13-210 or productive duty credits pursuant to Section 24-13-230 herein; provided, however, that any inmate participating in a local work punishment or other public service sentence program shall not be arbitrarily removed from such program and required to perform work on the public works or ways.
The sheriff or other official in charge of any local correctional facility may, however, at his discretion exempt a prisoner from the labor requirement if such prisoner is deemed an unusually high risk for escape or violence."
SECTION 2. Section 24-3-35 of the 1976 Code is amended to read:
"Section 24-3-35. The governing body of any county in this State may allow must require prisoners under the county's jurisdiction who are housed in a county prison facility and who are serving a sentence of ninety days or less to perform litter removal functions within the county, unless a prisoner is otherwise exempted under other provisions of law. The governing body of each county by ordinance shall be authorized to and shall establish guidelines for such litter removal by prisoners, which guidelines shall include a provision for a reduction of the sentence of the prisoners so used not to exceed a one-day reduction of the sentence for each two days of litter removal work performed."
SECTION 3. Section 24-7-10 of the 1976 Code is amended to read:
"Section 24-7-10. All convicts upon whom may be imposed sentence of labor on the highways, streets, and other public works of a county shall be under the exclusive supervision and control of the county supervisor and by him must be formed into a county chain work gang and required to labor on the highways, roads, bridges, ferries, and other public works or buildings of the county, unless a convict is exempted under other provisions of law. He shall direct the time, place, and manner of labor to be performed by such chain work gang. But such chain work gang shall not be worked in connection with or near any road contractor or overseer. Should the supervisor of any county find that it is inconvenient or impracticable to work any convict committed to the county chain work gang, he may turn such convict over to the Penitentiary penitentiary authorities."
SECTION 4. Section 24-7-20 of the 1976 Code is amended to read:
"Section 24-7-20. The governing body of any county may, in its discretion, must utilize the county chain work gang in whole or in part in any kind of work calculated to promote or conserve public health in the county or in any community thereof in which the sentences of the convicts on such gang were pronounced."
SECTION 5. Section 24-7-30 of the 1976 Code is amended to read:
"Section 24-7-30. All convicts upon whom may be imposed sentence of labor on the highways, streets, or other public works of a city or town shall be under the exclusive supervision and control of the municipal authorities of such city or town or such officer as such municipal authorities may appoint and must be formed into a city or town chain work gang and required to labor on the streets, lanes, alleys, drains, and other municipal works or buildings of such city or town, including public parks owned and controlled by such city or town, whether within or without the corporate limits of such city or town. But such convicts shall not be required to labor on any other highways, streets, or other public works in or of the county in which such a city or town may be situated except as provided in Section 24-7-50."
SECTION 6. Section 24-7-40 of the 1976 Code is amended to read:
"Section 24-7-40. If any convicts upon whom may be imposed sentence of labor on the highways, streets, and other public works of a county are not formed into a county chain work gang or are not required to labor on the highways, streets, and other public works of a county they may must be required to labor on the highways, streets, and other public works of any city or town in such county having a city or town chain work gang upon such terms as may be agreed upon by and between the governing body of such county and the municipal authorities of such city or town."
SECTION 7. Section 24-7-50 of the 1976 Code is amended to read:
"Section 24-7-50. Whenever any town or municipal authority in this State has not a sufficient number of convicts sentenced to work on the public works of the town to warrant the expense of maintaining a town chain work gang, the town authorities of such town may must place such convicts on the county chain work gang for the time so sentenced and the county authorities of the county in which such town is situated may exchange labor with such town authorities and place county convicts on the public works of the town for the same number of days that town convicts work on the public works of the county."
SECTION 8. This act takes effect upon approval by the Governor.