Current Status Bill Number:179 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Rose All Sponsors:Rose Drafted Document Number:DKA\3487CM.95 Residing Body:House Date Tabled:19950418 Current Committee:Medical, Military, Public and Municipal Affairs Committee 27 H3M Date of Last Amendment:19950322 Subject:Private Corrections Facilities, Programs, and Services Act
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950418 Tabled in Committee 27 H3M
House 19950328 Introduced, read first time, 27 H3M
referred to Committee
Senate 19950323 Read third time, sent to House
Senate 19950322 Amended, read second time
Senate 19950316 Committee report: Favorable with 03 SCP
amendment
Senate 19950110 Introduced, read first time, 03 SCP
referred to Committee
Senate 19941017 Prefiled, referred to Committee 03 SCP
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COMMITTEE AMENDMENT ADOPTED
March 22, 1995
S. 179
S. Printed 3/22/95--S.
Read the first time January 10, 1995.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 TO CHAPTER 3, TITLE 24 SO AS TO PROVIDE FOR THE PRIVATE CORRECTIONS FACILITIES, PROGRAMS, AND SERVICES ACT ALLOWING A UNIT OF GOVERNMENT TO CONTRACT WITH THE PRIVATE SECTOR TO PERFORM SERVICES CURRENTLY PERFORMED BY A CORRECTIONS AGENCY OR DEPARTMENT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 24 of the 1976 Code is amended by adding:
Section 24-3-2400. This article may be cited as the Private Corrections Facilities, Programs, and Services Act.
Section 24-3-2410. As used in this article:
(1) `Correctional facility, program, or service' means a facility, program, or service, including probation and parole, operated or provided by a nongovernmental agency which:
(a) may provide residential and nonresidential accommodations and services for offenders, juvenile delinquents, and detainees;
(b) provides programs and services to aid offenders, juvenile delinquents, and detainees in obtaining and holding regular employment, in enrolling in and maintaining academic courses, in participating in vocational training programs, in utilizing the resources of the community in meeting their personal and family needs, and in participating in specialized treatment programs that exist within the community; and
(c) provides supervision and surveillance of offenders, juvenile delinquents, and detainees.
(2) `Detainee' means an adult or juvenile who is held in a correctional or detention facility pending trial or adjudication.
(3) `Juvenile delinquent' means a juvenile who has been adjudicated a delinquent or a child in need of supervision by the family court.
(4) `Nongovernmental agency' means a person or organization other than a unit of government or agency and includes private profit organizations.
(5) `Offender' means an adult who has entered a plea of guilty or has been convicted of a felony or misdemeanor.
(6) `Parole board' means the Board of Probation, Parole and Pardon Services.
(7) `Unit of local government' means a county, city, or town.
Section 24-3-2420. (A) A unit of local government may utilize nongovernmental correctional facilities, programs, and services established pursuant to this article necessary to serve its own needs and those of its courts and its agencies and may enter into contracts or agreements with nongovernmental agencies for the placement or supervision of offenders, juvenile delinquents, and detainees in nongovernmental correctional facilities, programs, or services.
(B) Units of local government shall establish specific procedures for screening offenders, juvenile delinquents, or detainees who are placed in nongovernmental correctional facilities, programs, or services pursuant to this article.
(C) The unit of local government shall review, inspect, and evaluate all correctional facilities, programs, and services which are operated or provided by nongovernmental agencies within the county or unit of local government and which provide accommodation or services to offenders, juvenile delinquents, and detainees referred only by local government, its agencies, or its local courts.
(D) All correctional facilities, programs, and services operated or provided by nongovernmental agencies shall conform to the guidelines established pursuant to Section 24-3-2440.
(E) The establishment of a nongovernmental correctional facility, program, or service is subject to approval of the governing body of the county and the governing body of the city or town in which the proposed facility or the site of the program is to be located, or by the appropriate state authority, depending upon which governing body or agency the facility or service has been designed. Approval or denial of the establishment of the facility, program, or service must be made only after consultation with the Board of Probation, Parole and Pardon Services and other agencies having responsibility for offenders, juvenile delinquents, and detainees.
(F) In a county where the sheriff is the jailor, the county may not enter into a contract under this section without the sheriff's consent.
Section 24-3-2430. The Commissioner of the Department of Corrections or Department of Juvenile Justice, as appropriate, regularly shall review, monitor, inspect, and evaluate all correctional facilities, programs, and services operating within the State which are operated or provided by nongovernmental agencies except correctional facilities, programs, or services which provide services or accommodations only to offenders, juvenile delinquents, or detainees referred by units of local government.
Section 24-3-2440. (A) A contract for services entered into pursuant to this article must provide guidelines for the operation of the nongovernmental correctional facility or program and minimum standards for the services provided, including:
(1) requirements for strict accountability procedures and practices for the conduct and supervision of offenders, juvenile delinquents, and detainees, including requirements for twenty-four-hour supervision of offenders, juvenile delinquents, and detainees in residential programs;
(2) guidelines for periodic and unscheduled tests to determine the use of drugs by offenders, juvenile delinquents, and detainees; and
(3) standards regarding health, sanitation, and fire safety.
(B) Before entering into a contract with a nongovernmental agency, the Department of Corrections or the Department of Juvenile Justice shall submit the contract and proposed guidelines for the use of a facility, program, or service to the governing body of an affected unit of local government for its review and recommendations.
(C) The guidelines and standards required by this section must be developed pursuant to Section 24-3-2490.
Section 24-3-2450. (A) Subject to subsection (B), after an adjudication of guilty or delinquency, the sentencing court, as a condition of probation, may order that the delinquent or offender participate in a correctional program during all or a part of his term of probation, provided the court is authorized by law to order probation.
(B) Placement of an offender or juvenile delinquent in a nongovernmental correctional program under this section may be ordered by the court only if:
(1) the correctional program is operated by a nongovernmental agency which has entered into a contract as authorized in Sections 24-3-2440 or 24-3-2480; and
(2) funding for the placement is available.
(C) Before the placement of an offender or juvenile delinquent in a nongovernmental correctional program, the sentencing judge shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the offender to be placed.
(D) The probation officers for the judicial circuit are responsible for recommendations to the judge for the utilization of a nongovernmental correctional program which has been approved for use. The recommendations shall take into account the potential risk resulting from the placement of the offender into the nongovernmental correctional program, as well as the aptitude, attitude, social, and occupational skills of the offender.
(E) Where probation supervision is the responsibility of the courts in the State, the courts may contract, in accordance with state procurement law, with nongovernmental agencies to provide probation supervision services.
Section 24-3-2460. The chief probation or parole officer or officials of the state, county, or judicial district shall have general supervisory authority over all offenders, juvenile delinquents, and detainees placed in a correctional facility, program, or service under this article in accordance with their existing statutory responsibilities for offenders, juvenile delinquents, and detainees.
Section 24-3-2470. (A) Subject to subsection (B), the responsible state agency may place an offender, juvenile delinquent, or detainee in a correctional facility, program, or service under this article.
(B) A placement under this section may be made only if:
(1) the correctional facility, program, or service is operated under a contract with the State to provide residential care of offenders, juvenile delinquents, or detainees; and
(2) funding for the placement is available.
(C) Before the placement of an individual in a nongovernmental residential facility, the state agency having responsibility for the offender, juvenile delinquent, or detainee shall notify or cause to be notified the law enforcement agencies of affected units of local government concerning the identity of the transferal to be placed.
Section 24-3-2480. Subject to legislative appropriation, the State, in accordance with state procurement law, may contract under this article with nongovernmental agencies to operate correctional facilities and programs to provide correctional services for offenders, juvenile delinquents, and detainees.
Section 24-3-2490. (A) The Department of Corrections shall:
(1) establish minimum facility standards for correctional facilities operated by a nongovernmental agency receiving funds under this article;
(2) establish minimum standards for programs and services provided by a nongovernmental agency receiving funds under this article;
(3) prescribe accounting and reporting standards for all nongovernmental agencies operating correctional facilities or providing correctional programs or services under this article;
(4) establish a per diem rate to be paid program providers operating correctional facilities under this article which may not exceed the daily cost of providing the same programs or services at a state or juvenile institution; and
(5) promulgate regulations reasonably necessary to carry out the provisions of this article.
(B) The nongovernmental correctional facility, program, and service standards developed by the State shall take into consideration the standards of the American Correctional Association and other appropriate professional accreditation organizations. A nongovernmental correctional facility, program, or service must not be approved unless it complies with the most recent standards established by the American Correctional Association which are appropriate for the specific type of facility, program, or service.
Section 24-3-2500. (A) An offender, juvenile delinquent, or detainee is guilty of escape from official detention and, upon conviction, must be punished as provided by law if, without proper authorization, he:
(1) fails to remain within the extended limits of his confinement, or to return within the time prescribed to a nongovernmental correctional facility to which he was assigned or transferred; or
(2) being a participant in a program established under the provisions of this article, he leaves his place of employment or fails or neglects to return to a nongovernmental correctional facility within the time prescribed or when specifically ordered to do so.
Section 24-3-2510. The State shall submit an annual report to the legislature describing the number of nongovernmental correctional facilities, programs, and services that have been established pursuant to this article; the number of offenders, juvenile delinquents, and detainees assigned to those facilities, programs, or services; the extent to which offenders, juvenile delinquents, and detainees have received and benefitted from services related to their rehabilitation; and the rate of success as compared to offenders, juvenile delinquents, and detainees in government operated correctional facilities, programs, or services."
SECTION 2. This act takes effect upon approval by the Governor.