Current Status Introducing Body:
HouseBill Number: 4473Ratification Number: 590Act Number: 500Primary Sponsor: SnowType of Legislation: GBSubject: Work release program for prisonerDate Bill Passed both Bodies: 19940602Computer Document Number: gjk/20220SD.94Governor's Action: SDate of Governor's Action: 19940825Introduced Date: 19940112Date of Last Amendment: 19940601Last History Body: ------Last History Date: 19940825Last History Type: Act No. 500Scope of Legislation: StatewideAll Sponsors: Snow Law RiserType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 4473 ------ 19940825 Act No. 500 4473 ------ 19940825 Signed by Governor 4473 ------ 19940602 Ratified R 590 4473 Senate 19940602 Concurred in House amendment, enrolled for ratification 4473 House 19940601 Senate amendments amended, returned to Senate 4473 Senate 19940525 Amended, read third time, returned to House with amendments 4473 Senate 19940427 Read second time, ordered to third reading with notice of general amendments, carrying over all amendments 4473 Senate 19940426 Committee Report: Favorable 03 with amendment 4473 Senate 19940215 Introduced, read first time, 03 referred to Committee 4473 House 19940211 Read third time, sent to Senate 4473 House 19940210 Read second time, unanimous consent for third reading on next Legislative day 4473 House 19940209 Committee Report: Favorable 27 4473 House 19940112 Introduced, read first time, 27 referred to CommitteeView additional legislative information at the LPITS web site.
(A500, R590, H4473)
AN ACT TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A PRISONER'S PLACE OF CONFINEMENT AND WORK AT PAID EMPLOYMENT, SO AS TO PROHIBIT THE PLACE OF CONFINEMENT OF CERTAIN PRISONERS FROM BEING EXTENDED; TO AMEND SECTION 24-3-40, AS AMENDED, RELATING TO DISPOSITION OF WAGES OF A PRISONER WORKING AT PAID EMPLOYMENT, SO AS TO FURTHER PROVIDE FOR THOSE PRISONERS WHICH QUALIFY AND TO PROVIDE THAT NO PRISONER WHO PARTICIPATES IN A PROJECT DESIGNATED BY THE DIRECTOR OF THE BUREAU OF JUSTICE ASSISTANCE PURSUANT TO PUBLIC LAW 90-351 IS ELIGIBLE FOR UNEMPLOYMENT COMPENSATION UPON TERMINATION FROM THE PROGRAM; TO AMEND SECTION 41-27-260, RELATING TO EMPLOYMENT EXEMPTED FROM THE EMPLOYMENT SECURITY LAW, SO AS TO PROVIDE THAT SERVICES PERFORMED BY AN INMATE WHO PARTICIPATES IN A PROJECT DESIGNATED BY THE DIRECTOR OF THE BUREAU OF JUSTICE ASSISTANCE PURSUANT TO PUBLIC LAW 90-351 IS EXEMPT.
Be it enacted by the General Assembly of the State of South Carolina:
Place of confinement may not be extended
SECTION 1. Section 24-3-20(b) of the 1976 Code, as amended, is further amended to read:
"(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.
No prisoner's place of confinement may be extended as permitted by this subsection who is currently serving a sentence for or has a prior
conviction of criminal sexual conduct in the first, second, or third degree, attempted criminal sexual conduct, assault with intent to commit criminal sexual conduct, criminal sexual conduct when the victim is his legal spouse, criminal sexual conduct with a minor, lewd act on a child, engaging a child for sexual performance, or spousal sexual battery."
Prisoners who may work and who may not receive unemployment
SECTION 2. Section 24-3-40 of the 1976 Code, as last amended by Section 393, Act 181 of 1993, is further amended to read:
"Section 24-3-40. Unless otherwise provided by law, the employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 or in a prison industry program provided under Article 3 of this chapter 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 may withhold from the wages 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, in the discretion of the director and in proportions determined by the director, may be disbursed to the prisoner, the prisoner's dependents, and the victim of the crime or deposited to the credit of the prisoner. No prisoner who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351 is eligible for unemployment compensation upon termination from the program."
SECTION 3. Section 41-27-260(10) of the 1976 Code is amended by adding:
"(f) service performed by an inmate who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351."
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 25th day of August, 1994.