Current Status Bill Number:284 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950110 Primary Sponsor:Mitchell All Sponsors:Mitchell, Washington Drafted Document Number:RES9503.TWM Residing Body:Senate Current Committee:Corrections and Penology Committee 03 SCP Subject:Criminal Justice Refinement and Planning Act of 1995
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950110 Introduced, read first time, 03 SCP
referred to Committee
Senate 19941114 Prefiled, referred to Committee 03 SCP
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TO ENACT THE "CRIMINAL JUSTICE REFINEMENT AND PLANNING ACT OF 1995"; TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 24 SO AS TO PROVIDE FOR COMMUNITY CORRECTIONS INCENTIVE, INCLUDING PROVIDING, AMONG OTHER THINGS, THAT THE DEPARTMENT OF CORRECTIONS AND THE DEPARTMENT OF PROBATION, PARDON AND PAROLE JOINTLY SHALL DEVELOP AND IMPLEMENT CRITERIA TO ASSIST THE COURTS IN IDENTIFYING OFFENDERS WHO WOULD BE SUITABLE CANDIDATES FOR COMMITMENT AND REFERRAL TO A COMMUNITY CORRECTIONS FACILITY; TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-25 SO AS TO PROVIDE THAT THE GOVERNING BODIES OF COUNTIES AND/OR MUNICIPALITIES MAY JOIN IN ESTABLISHING LOCAL MULTI-JURISDICTIONAL CORRECTIONAL OR DETENTION FACILITIES FOR THE CONFINEMENT OF PERSONS AWAITING TRIAL OR SENTENCE ON CRIMINAL CHARGES, CONVICTED AND SENTENCED ON CRIMINAL CHARGES, OR NOT OTHERWISE ELIGIBLE FOR CONFINEMENT IN STATE OR OTHER FACILITIES; TO AMEND SECTION 24-9-20, RELATING TO INSPECTION OF STATE AND LOCAL FACILITIES HOUSING PRISONERS OR PRETRIAL DETAINEES, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT FOOD SERVICE OPERATIONS OF SUCH FACILITIES MUST BE INSPECTED AT LEAST ANNUALLY BY AN EMPLOYEE OF THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL; TO AMEND SECTION 24-9-30, RELATING TO THE JAIL AND PRISON INSPECTION PROGRAM AND ENFORCEMENT OF MINIMUM STANDARDS, SO AS TO PROVIDE, AMONG OTHER THINGS, THAT IF THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS DETERMINES THAT THE PUBLIC INTEREST IS SERVED BY PERMITTING A CONFINEMENT FACILITY TO REMAIN OPEN, WHEN THE FACILITY, UNDER OTHER CRITERIA, SHOULD BE CLOSED, HE MAY STIPULATE ACTIONS TO AVOID OR DELAY CLOSING THE FACILITY; TO AMEND CHAPTER 13, TITLE 24, RELATING TO PRISONERS, BY ADDING ARTICLE 17 SO AS TO PROVIDE FOR THE CENTER FOR ALCOHOL AND DRUG REHABILITATION; TO AMEND THE 1976 CODE BY ADDING SECTION 22-5-580 SO AS TO ESTABLISH A STATEWIDE PRETRIAL CLASSIFICATION PROGRAM TO BRING ABOUT AN IMPROVEMENT OF MAGISTRATES' COLLECTIONS AND CONSIDERATION OF INFORMATION CONCERNING RELEASE OF PERSONS PLACED IN JAIL PENDING DISPOSITION OF CRIMINAL CHARGES, AND PROVIDE THAT THE DEPARTMENT OF PROBATION, PARDON AND PAROLE SHALL PROMULGATE REGULATIONS TO BE USED BY MAGISTRATES IN IMPROVING THE COLLECTIONS AND THE CONSIDERATION OF INFORMATION ON PERSONS REQUESTING RELEASE ON APPEARANCE RECOGNIZANCE OR APPEARANCE BONDS; TO AMEND THE 1976 CODE BY ADDING CHAPTER 29 TO TITLE 24 SO AS TO ESTABLISH AND PROVIDE FOR THE SOUTH CAROLINA SENTENCING AND CORRECTIONS POLICY COMMISSION; TO AMEND SECTION 24-3-20, RELATING TO, AMONG OTHER THINGS, PROVISIONS THAT CONVICTED PERSONS SHALL BE IN THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS, THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS SHALL DESIGNATE THE PLACE OF CONFINEMENT, PRISONER PAID EMPLOYMENT, AND LITTER REMOVAL, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT NOTHING IN THIS SECTION PREVENTS A COURT FROM ORDERING A SENTENCE TO RUN CONCURRENTLY WITH A SENTENCE BEING SERVED IN ANOTHER STATE OR AN ACTIVE FEDERAL SENTENCE; TO AMEND SECTION 24-3-30, RELATING TO DESIGNATION OF PLACES OF PRISONER CONFINEMENT, EXCEPTIONS, AND NOTIFICATION TO THE DEPARTMENT OF CORRECTIONS OF THE CLOSING OF COUNTY PRISON FACILITIES, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT A COUNTY OR MUNICIPALITY, THROUGH MUTUAL AGREEMENT OR CONTRACT, MAY ARRANGE WITH ANOTHER COUNTY OR MUNICIPALITY OR A LOCAL MULTI-JURISDICTIONAL CORRECTIONAL FACILITY FOR THE DETENTION OF ITS PRISONERS; TO AMEND SECTION 24-3-330, RELATING TO PURCHASE BY THE STATE AND THE STATE'S POLITICAL SUBDIVISIONS OF PRODUCTS PRODUCED BY CONVICT LABOR, SO AS TO, AMONG OTHER THINGS, PROVIDE THAT THE MATERIALS MANAGEMENT OFFICE OF THE DIVISION OF GENERAL SERVICES SHALL MONITOR THE COOPERATION OF STATE OFFICES, DEPARTMENTS, INSTITUTIONS, AND AGENCIES IN THE PROCUREMENT OF GOODS, PRODUCTS, AND SERVICES FROM THE DIVISION OF PRISON INDUSTRIES OF THE DEPARTMENT OF CORRECTIONS; TO AMEND SECTION 24-3-360, RELATING TO THE ANNUAL PREPARATION OF CATALOGUES DESCRIBING ARTICLES PRODUCED BY CONVICT LABOR, SO AS TO PROVIDE THAT NOTHING IN CHAPTER 3 OF TITLE 24 PROHIBITS A STATE OFFICE, DEPARTMENT, INSTITUTION, OR AGENCY OR THE POLITICAL SUBDIVISIONS OF THE STATE FROM CONTACTING AND REQUESTING THE DEPARTMENT OF CORRECTIONS TO MANUFACTURE OR PRODUCE ARTICLES OR PRODUCTS SIMILAR, BUT NOT IDENTICAL, TO ARTICLES OR PRODUCTS LISTED IN THE CATALOGUE; TO AMEND SECTION 24-3-410, AS AMENDED, RELATING TO THE PROHIBITION AGAINST THE SALE OF PRISON-MADE PRODUCTS ON THE OPEN MARKET AND PENALTIES, SO AS TO PROVIDE THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY TO ARTICLES OR PRODUCTS PRODUCED AS THE RESULT OF A CONTRACT ENTERED INTO PURSUANT TO SECTION 24-3-430; TO AMEND THE 1976 CODE BY ADDING SECTION 24-3-430 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR IN PRIVATE INDUSTRY FOR THE MANUFACTURING AND PROCESSING OF GOODS, WARES, OR MERCHANDISE OR THE PROVISION OF SERVICES OR ANOTHER BUSINESS OR COMMERCIAL ENTERPRISE CONSIDERED BY THE DIRECTOR TO ENHANCE THE GENERAL WELFARE OF THE STATE, AND, PROVIDE FURTHER, AMONG OTHER THINGS, THAT THE DIRECTOR MAY ENTER INTO CONTRACTS NECESSARY TO IMPLEMENT THIS PROGRAM; TO AMEND SECTION 11-35-710, RELATING TO THE SOUTH CAROLINA CONSOLIDATED PROCUREMENT CODE, PROCUREMENT ORGANIZATION, AND EXEMPTIONS, SO AS TO, AMONG OTHER THINGS, PROVIDE AN EXEMPTION FOR THE PURCHASE OF GOODS, PRODUCTS, AND SERVICES BY STATE OFFICES, DEPARTMENTS, INSTITUTIONS, AGENCIES, BOARDS, AND COMMISSIONS OR THE POLITICAL SUBDIVISIONS OF THE STATE FROM THE DIVISION OF PRISON INDUSTRIES OF THE DEPARTMENT OF CORRECTIONS; AND TO REQUIRE A REPORT ON CERTAIN MATTERS FROM THE DEPARTMENT OF CORRECTIONS TO THE GENERAL ASSEMBLY BY THE FIRST DAY OF THE 1996 LEGISLATIVE SESSION.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act is known and may be cited as the "Criminal Justice Refinement and Planning Act of 1995".
SECTION 2. Title 24 of the 1976 Code is amended by adding:
Section 24-27-10. (A) A need exists for careful planning to expand local detention and correctional facilities and thereby to enable local governments adequately to incarcerate offenders who are awaiting trial or serving sentences of imprisonment at the local level. At the same time, South Carolina faces a critical need for more prison space to accommodate the projected increase in the inmate population. At a time when the state's prisons are becoming increasingly overcrowded, budgetary resources are becoming more limited and the future availability of capital improvement bonds for more prison construction is uncertain.
(B) To ensure that adequate space is available in state correctional facilities for violent and habitual offenders, a need exists for additional community correctional facilities to enable courts to sentence less dangerous offenders to these more economical community correctional facilities and thus enable the offenders to make restitution payments and otherwise to compensate the community for their crimes and, where indicated, to require participation in programs emphasizing substance abuse, education, and mental health counseling.
(C) The need exists for South Carolina to create a plan from which the State can establish a partnership with local governments to meet the corrections and incarceration needs of local governments and the State by offering less costly facilities for housing suitable state and local inmates and for accommodating alternative sentencing programs.
Section 24-27-20. (A) The Department of Corrections and a county, a municipality, another local governmental entity, or a multi-jurisdictional entity may enter into contracts for the incarceration of state, county, or municipal jail inmates and all services necessary, appropriate, or incidental to the housing and care of the inmates.
(B) The Department of Corrections, with the approval of the governing body of the local or multi-jurisdictional entity provided in subsection (A), may construct community correctional facilities for accommodating alternative sentencing programs and for assigning suitable state and local inmates within a municipality, county, or multi-jurisdictional area if the General Assembly appropriates the necessary funds.
Section 24-27-30. Before construction of a community correctional facility pursuant to Section 24-27-20, tracts of land suitable for the construction of community correctional facilities must be provided by the county, municipality, or other local governmental or multi-jurisdictional entity involved. The title of the lands provided must be conveyed to the State of South Carolina. Upon the acquisition of the land in the name of the State, the Budget and Control Board is authorized to convey the land to the Department of Corrections for the erection and construction of the facilities. The original construction costs and necessary equipment costs for the facilities must be paid by the State. These facilities must be constructed to the extent possible by utilizing inmate labor as determined appropriate by the Director of the Department of Corrections. Legal title to the facilities must be transferred to the State of South Carolina, as set forth in this chapter, and the facilities are the property of the Department of Corrections.
Section 24-27-40. The construction of community correctional facilities, as authorized pursuant to this chapter, provides the Department of Corrections and courts with a less costly alternative in order to avoid committing selected offenders to more secure state correctional institutions and assists in the supervision and rehabilitation of drug and alcohol and other less dangerous offenders, who can be incarcerated safely in community correctional facilities. The facilities may be used for furthering the reintegration of offenders into the community before their release. Facilities established pursuant to this chapter must also be available as a means of providing sentencing alternatives for persons committed to incarceration in a state correctional facility. However, upon the approval of the Director of the Department of Corrections, the facilities may be made available for persons who otherwise would be sentenced to incarceration in a jail of the county, municipality, or other local governmental or multi-jurisdictional entity involved, if the inmates do not displace state inmates from participating in the programs.
Section 24-27-50. Community correctional facilities constructed pursuant to this chapter may include:
(1) work camps or other minimum security facilities to house offenders who are assigned under Section 24-13-660 or 24-13-910;
(2) minimum security or nonsecure facilities to house former probationers who have violated the terms or conditions of their probation;
(3) minimum security or nonsecure residential drug treatment facilities to house less dangerous drug offenders who are required to be incarcerated while receiving outpatient substance abuse treatment and/or working or attending school;
(4) minimum security or nonsecure facilities to house persons placed on community control who are required to be incarcerated while working to make restitution.
Section 24-27-60. The Department of Corrections and the Department of Probation, Pardon and Parole jointly shall develop and implement criteria to assist the courts in identifying offenders who would be suitable candidates for commitment and referral to a community correctional facility. The Department of Corrections shall also use objective classification criteria in determining which state inmates to assign to a community correctional facility.
Section 24-27-70. Before the construction of a community correctional facility, the Department of Corrections shall establish a contract with the involved municipality, county, other local governmental entity, or multi-jurisdictional entity by which the involved local governing body agrees to:
(1) operate and manage the community correctional facility in accordance with the Minimum Standards for Local Detention Facilities in South Carolina;
(2) provide for the treatment, care, maintenance, employment, and rehabilitation of inmates in the community correctional facility. The municipality, county, other local governmental entity, or multi-jurisdictional entity must be reimbursed for the cost of caring for each state inmate as provided by contract. The contract also must:
(a) allow the governing body of the municipality, county, other local governmental entity, or multi-jurisdictional entity to rescind the contract by notification of its intention to rescind the contract at the beginning of the fiscal year. The rescission is effective beginning the following fiscal year;
(b) provide that upon rescission, the operation and management of a facility constructed pursuant to this chapter and the care of the state inmates located at that facility revert to the Department of Corrections;
(c) provide that all inmates under the jurisdiction of the municipality, county, other local governmental entity, or multi-jurisdictional entity who are incarcerated at that facility must be returned to the custody of their respective governmental entities.
Section 24-27-80. The Department of Corrections shall contact all counties, municipalities, and other appropriate local governmental entities and multi-jurisdictional entities to determine the degree of interest in establishing a partnership for the construction, operation, and utilization of community correctional facilities. No later than November 1, 1995, the department shall report its findings to the Budget and Control Board. The department shall update the survey annually and shall report its results to the board no later than November first of each year thereafter. The department may not obligate the State to any construction, equipment, or operational costs for community correctional facilities unless the funds are identified and available.
Section 24-27-90. This chapter does not preempt application of relevant zoning laws or regulations.
Section 24-27-100. Legal custody of state inmates assigned to a community correctional facility shall be in accordance with Section 24-3-30."
SECTION 3. The 1976 Code is amended by adding:
"Section 24-3-25. (A) The governing bodies of counties and/or municipalities may join in establishing local multi-jurisdictional correctional or detention facilities for the confinement of persons awaiting trial or sentence on criminal charges, convicted and sentenced on criminal charges, or not otherwise eligible for confinement in state or other facilities. For this purpose, the governing bodies may:
(1) acquire, hold, construct, finance, improve, maintain, operate, own, or lease, in the capacity of lessor or lessee, a local multi-jurisdictional correctional or detention facility for the purpose of incarcerating their own inmates, inmates of other counties or municipalities, or inmates from the Department of Corrections;
(2) form cooperative agreements for the management, supervision, and control of a local multi-jurisdictional correctional or detention facility, its property, assets, funds, employees, and prisoners, and other resources and liabilities as appropriate.
(B) Every sentenced person committed to a local multi-jurisdictional correctional facility constructed or operated pursuant to this section, unless disqualified by sickness or otherwise, must be kept at some useful employment suited to his age and capacity and which may tend to promote the best interests of the citizens of this State."
SECTION 4. 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 inspections shall include all phases of operation, and fire safety, and health and sanitation conditions at of the respective facilities. Food service operations of the facilities must be inspected at least annually by an employee of the Department of Health and Environmental Control. The inspection inspections of local confinement facilities shall be based on standards established by the South Carolina Association of Counties and adopted by the Department of Corrections, and appropriate fire and health codes and regulations. The division, and the inspecting fire marshal, and the food service inspector of the Department of Health and Environmental Control 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 governing body of each political subdivision involved in a multi-jurisdictional facility, the State Fire Marshal with respect to the fire safety inspection, the Department of Health and Environmental Control with respect to the food service inspection, 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."
SECTION 5. 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 and health codes and regulations, the Director of the South Carolina Department of Corrections shall notify the governing body of the governmental unit political subdivision responsible for the local confinement facility. A copy of the written report reports of the inspection inspections 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 reports, and the inspection personnel shall appear, if requested, 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 reports of the inspection inspections, 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. However, if the director determines that the public interest is served by permitting the facility to remain open, he may stipulate actions to avoid or delay closing the facility. 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, and fire and health inspection personnel 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 and appropriate fire and health codes and regulations on the date of the last inspection. The court may affirm, reverse, or modify the director's order."
SECTION 6. Chapter 13, Title 24 of the 1976 Code is amended by adding:
Section 24-13-1710. There is established one or more Centers for Alcohol and Drug Rehabilitation under the jurisdiction of the Department of Corrections to treat and rehabilitate offenders who have alcohol or drug abuse histories. The Department of Alcohol and Other Drug Abuse Services has primary responsibility for the addictions treatment of the offenders, and the Department of Corrections has primary responsibility for the maintenance and security of the offenders. The Department of Corrections may construct one or more centers upon the necessary appropriation of funds by the General Assembly. The centers established and constructed as authorized by this section shall provide bedspace as required to accommodate the numbers of offenders to be treated. No later than the first day of January each year, the Department of Corrections shall report to the General Assembly on the status of this bedspace.
Section 24-13-1720. The Department of Alcohol and Other Drug Abuse Services shall establish a program to provide alcohol and drug abuse intervention, prevention, and treatment services for offenders sentenced to a Center for Alcohol and Drug Rehabilitation established pursuant to Section 24-13-1710. The Department of Alcohol and Other Drug Abuse Services shall provide staff and support necessary to administer the program. Resources for this program must come from such funds as are appropriated annually by the General Assembly, and supplemental funding from other sources may be sought to enhance or expand the program.
Section 24-13-1730. A court may suspend a sentence for a defendant convicted of a drug or alcohol offense for which imprisonment of more than ninety days is imposed or as a revocation of probation and may place the offender in a Center for Alcohol and Drug Rehabilitation. The Department of Corrections, on the first day of each month, shall present to the general sessions court a report detailing the availability of bed space in the Center for Alcohol and Drug Rehabilitation.
Section 24-13-1740. For the Department of Corrections to establish and maintain a Center for Alcohol and Drug Rehabilitation, its director shall coordinate with the Department of Alcohol and Other Drug Abuse Services to:
(1) develop policies and procedures for the operation of the Center for Alcohol and Drug Rehabilitation;
(2) fund other management options advantageous to the State including, but not limited to, contracting with public or nonpublic entities for the management of a Center for Alcohol and Drug Rehabilitation;
(3) obtain services not readily available from the Department of Corrections or the Department of Alcohol and Other Drug Abuse Services;
(4) lease buildings;
(5) develop standards for alcohol and drug abuse counseling for offenders sentenced to a Center for Alcohol and Drug Rehabilitation;
(6) develop standards for disciplinary rules to be imposed on residents of a Center for Alcohol and Drug Rehabilitation.
Section 24-13-1750. If an offender does not have paid employment, he shall perform public service work as arranged by the Department of Corrections after an evaluation of his health and his program schedule.
Section 24-13-1760. Upon release from a Center for Alcohol and Drug Rehabilitation, an offender who is sentenced to the program must be placed on probation for a term as ordered by the court. Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence. No person is ineligible for this program by reason of gender.
Section 24-13-1770. The Department of Corrections and the Department of Alcohol and Other Drug Abuse Services jointly shall develop guidelines and criteria to be used by the courts of this State in determining who is eligible and appropriate for sentencing to the Center for Alcohol and Drug Rehabilitation. Furthermore, the Department of Corrections and the Department of Alcohol and Other Drug Abuse Services jointly shall develop guidelines and criteria to be used in selecting offenders from the general prison population who are suitable for placement in the Center for Alcohol and Drug Rehabilitation alongside those sentenced directly by the court."
SECTION 7. The 1976 Code is amended by adding:
"Section 22-5-580. (A) A statewide pretrial classification program is established to bring about an improvement of magistrates' collections and consideration of information concerning release of persons placed in jail pending disposition of criminal charges. The program must allow magistrates to make more fully informed bail-setting decisions so that those persons who present low risks of absconding while under appearance recognizance or an appearance bond may be released and so that those persons who present unacceptably high risks of absconding or committing crime will continue to be held in custody.
(B) The Department of Probation, Pardon and Parole shall promulgate regulations in accordance with the Administrative Procedures Act to be used by magistrates in improving the collections and the consideration of information on persons requesting release on appearance recognizance or appearance bonds. The regulations developed by the Department of Probation, Pardon and Parol must include the establishment of a `point-total' system for pretrial screening of appropriate defendants. This system must establish an amount or range of the recognizance entered into based on the nature of the offense charged, the danger the accused presents to himself and others, the likelihood the accused will flee to avoid trial, and other applicable factors. The regulations also must provide guidance for the collection and verification of relevant information on the person under consideration for the release."
SECTION 8. Title 24 of the 1976 Code is amended by adding:
Section 24-29-10. (A) There is established the South Carolina Sentencing and Corrections Policy Commission composed of the following voting members:
(1) three representatives appointed by the Governor based on involvement in one or more citizens' organizations concerned with criminal justice or corrections policies, or both;
(2) an attorney experienced in the practice of criminal law, appointed by the Governor from a list of candidates submitted by the president of the South Carolina Bar;
(3) a justice of the Supreme Court, appointed by the Chief Justice of the Supreme Court;
(4) a circuit court judge, appointed by the Chief Justice of the Supreme Court;
(5) the President of the Summary Court Judges' Association, or his designee, who must be a summary court judge;
(6) the chairmen of the Senate Judiciary, the Senate Corrections and Penology, the Senate Finance, the House Judiciary, the House Medical, Military, Public and Municipal Affairs, and the House Ways and Means Committees, or their respective designees, one at-large member to be appointed by the Speaker of the House, and one at-large member to be appointed by the President of the Senate;
(7) the South Carolina Attorney General, or his designee;
(8) the Director of the South Carolina Department of Corrections, or his designee, who must be an employee of the Department of Corrections;
(9) the Chief of the State Law Enforcement Division, or his designee;
(10) the Chairman of the Commission on Indigent Defense, or his designee, who must be a member of that commission or who must be the director of the commission;
(11) the Chairman of the Board of Parole and Pardon Services, or his designee;
(12) the Director of the Department of Probation, Parole and Pardon Services, or his designee, who must be an employee of that department;
(13) a representative appointed by the Governor from the South Carolina Crime Victim's Advisory Board who has at least four years' administrative experience in a court-related Victim's Assistance Fund or, if no one meeting this qualification exists, another member of the South Carolina Crime Victim's Advisory Board appointed by the Governor;
(14) the Chairman of the Commission for Prosecution Coordination, or his designee, who must be a solicitor;
(15) the President of the South Carolina Public Defenders' Association, or his designee;
(16) a sheriff or other representative appointed by the South Carolina Sheriffs' Association;
(17) a representative who is a chief law enforcement officer of a municipality, appointed by the South Carolina Police Chiefs' Association;
(18) a representative of county government, appointed by the South Carolina Association of Counties;
(19) a representative of municipal government, appointed by the South Carolina Municipal Association;
(20) a director of a local detention facility, appointed by the South Carolina Jail Administrators' Association;
(21) the Director of the Jail and Prison Inspection Division of the Department of Corrections;
(22) the Director of the Department of Public Safety, or his designee;
(23) the Director of the Department of Alcohol and Other Drug Abuse Services, or his designee;
(24) the Director of the Department of Mental Health, or his designee.
(B) The appointed members of the commission shall serve terms of four years. The members of the commission who are designated to serve by a particular person or official shall serve at the pleasure of that person or official making the designation and only so long as the designated member holds the official position entitling him to membership on the commission. Members are eligible for reappointment, and a vacancy must be filled in the manner of original appointment for the remainder of the unexpired term. The members of the commission shall elect one member to serve as chairman for a term of one year and additional officers they consider necessary for the efficient discharge of their duties. Members are eligible for reelection as officers of the commission.
(C) No later than March 15, 1996, all initial appointments to the commission must be submitted in writing to the Lieutenant Governor of the State. The Lieutenant Governor shall convene the first meeting of the commission no later than April 15, 1996, for the purpose of establishing such temporary committees as may be required and commencing the process of determining duties and preparing job descriptions for commission staff so that positions can be filled as soon as the fiscal year 1995-96 state budget is approved. The Lieutenant Governor shall provide staff, logistical, and administrative support for the commission from the resources of his office during its organizational phase through June 30, 1996. The Lieutenant Governor shall serve as chairman ex officio without vote through June 30, 1996, and shall convene the commission, whenever appropriate, to further its organization and stability during that time. The Lieutenant Governor's ex officio status and responsibilities shall cease after June 30, 1996, or upon the availability of appropriated funds for the commission, whichever date is later. At that time the commission shall elect its chairman and other officers for its first year of operation. The official terms of all initial appointments to the commission shall be through June 30, 2000.
Section 24-29-20. The South Carolina Sentencing and Corrections Policy Commission has the following duties and responsibilities:
(1) prescribe advisory sentencing guidelines for the general sessions court on all offenses for which a term of imprisonment of more than one year is allowed.
(a) The guidelines must establish:
(i) the circumstances under which imprisonment of an offender is proper;
(ii) a range of fixed sentences to give offenders for whom imprisonment is proper, based on each appropriate combination of offenses, facts, and known circumstances and offender characteristics;
(iii) a determination whether multiple sentences to terms of imprisonment should be ordered to run concurrently or consecutively. (b) In establishing the advisory sentencing guidelines, the commission shall take into consideration current sentence and release practices and correctional resources including, but not limited to, the capacities of local and state correctional facilities.
(2) establish appropriate advisory sentencing guidelines for the general sessions courts on all offenses for which a term of imprisonment of one year or less is allowed;
(3) establish appropriate advisory sentencing guidelines which may be applied to offenders for whom traditional imprisonment is not considered proper. Advisory sentencing guidelines promulgated by the commission which apply to offenders for whom traditional imprisonment is not considered proper must make specific reference to noninstitutional sanctions;
(4) develop and recommend policies for preventing prison and jail overcrowding;
(5) examine the impact of statutory provisions and current administrative policies and practices on prison and jail overcrowding;
(6) before January sixteenth each year, prepare and submit to the Governor, the General Assembly, and the Chief Justice of the Supreme Court a comprehensive state criminal justice ten-year, five-year, and one-year plan for eliminating and preventing prison and jail overcrowding. This plan must include, but is not limited to, the number of persons currently in traditional detention or custody who could be appropriately involved in pretrial and postsentencing options predominantly provided through community-based agencies which minimize the number of persons requiring incarceration consistent with protection of public safety, including mediation, restitution, supervisory release, community service plans, and the impact on prison populations, local communities, and court caseloads. The commission shall take into account state plans in the related areas of mental health and drug and alcohol abuse in the development of the plan;
(7) research and gather relevant statistical data and other information concerning the impact of efforts to prevent prison and jail overcrowding and make the information available to criminal justice agencies and members of the General Assembly;
(8) serve as a clearing house and information center for the collection, preparation, analysis, and dissemination of information on state and local sentencing practices and conduct ongoing research regarding sentencing guidelines, use of imprisonment and alternatives to imprisonment, plea bargaining, and other matters relating to the improvement of the criminal justice system;
(9) make recommendations to the General Assembly regarding changes in the criminal code, criminal procedures, and other aspects of sentencing.
Section 24-29-30. The commission may employ a staff director and other professional and clerical personnel upon the appropriation of sufficient funds by the General Assembly. The duties of the staff director and the other personnel of the commission must be set by the commission.
Section 24-29-40. The commission shall receive funding provided by the General Assembly and is encouraged to apply for and may expend federal funds and grants and gifts it receives from other sources to carry out its duties and responsibilities.
Section 24-29-50. The commission, by vote of a majority of the membership, may establish general policies. The advisory sentencing guidelines prescribed and promulgated pursuant to Section 24-29-20 must be approved by joint resolution of the General Assembly before taking effect.
Section 24-29-60. The commission shall recommend to the General Assembly a classification system based on maximum terms of imprisonment for all South Carolina criminal offenses. Thereafter, the commission shall make, from time to time, recommendations to the General Assembly regarding changes in the classification system."
SECTION 9. Section 24-3-20(a) of the 1976 Code is amended to read:
"(a) Notwithstanding the provisions of Section 24-3-10, any a person convicted of an offense against the State of South Carolina and committed to the State Penitentiary at Columbia shall a state correctional facility must be in the custody of the South Carolina Department of Corrections of the State of South Carolina, and the director shall designate the place of confinement where the sentence shall must be served. Nothing in this section prevents a court from ordering a sentence to run concurrently with a sentence being served in another state or an active federal sentence. The director may designate as a place of confinement any available, suitable, and appropriate institution or facility, including a county, municipal, or multi-jurisdictional 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 where the facility is located must first be obtained."
SECTION 10. 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 a person convicted of an offense against the State shall must 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 must be served. The department may designate as a place of confinement any an available, a suitable, and an appropriate institution or facility, including, but not limited to, a county, municipal, or multi-jurisdictional jail or work camp whether maintained by the State Department of Corrections or otherwise,. but However, the consent of the officials in charge of the county local institutions so designated shall must be first obtained first. Provided, that If imprisonment for three months or less is ordered by the court as the punishment, all persons so convicted shall must be placed in the custody, supervision, and control of the appropriate officials of the county wherein in which the sentence was pronounced, if such the county has facilities suitable for confinement. Provided, further, that A county or municipality, through mutual agreement or contract, may arrange with another county or municipality or a local multi-jurisdictional correctional facility for the detention of its prisoners. The Department of Corrections shall must be notified by the county officials concerned not less than six months prior to before the closing of any a county prison facility which would result in the transfer of the state prisoners of at the county facility to facilities of the department.
Each county administrator, or the equivalent, having charge of county a local prison facilities facility, may, upon the department's designating the county facilities local facility as the place of confinement of a prisoner, may use the prisoner assigned thereto for the purpose of working the roads of the county or other public work. Any A prisoner so assigned to the county a local facility shall must 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 must 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 lies."
SECTION 11. Section 24-3-330 of the 1976 Code is amended to read:
"Section 24-3-330. (A) 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 inmate labor in this State or any other another state, as provided for by this article, and no such article or product shall. These articles and products must not be purchased by any such an office, a department, an institution, or an agency from any other another source, unless excepted from the provisions of this section, as hereinafter provided by law. All purchases shall must 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 the articles or products.
(B) The Materials Management Office of the Division of General Services shall monitor the cooperation of state offices, departments, institutions, and agencies in the procurement of goods, products, and services from the Division of Prison Industries of the Department of Corrections."
SECTION 12. 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 this catalogue shall must 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 beginning 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 that fiscal year of the kind and amount of articles and products reasonably required for such the ensuing year, referring in such the estimates to the catalogue issued by the State department of Corrections in so far insofar as articles and products indicated are included in this catalogue. However, nothing in this chapter prohibits a state office, department, institution, or agency or the political subdivisions of this State from contacting and requesting the Department of Corrections to manufacture or produce articles or products similar, but not identical, to articles or products listed in the catalogue."
SECTION 14. Section 24-3-410 of the 1976 Code, as last amended by an act of 1994 bearing ratification number 406, is further amended to read:
"Section 24-3-410. (A) It is unlawful to sell or offer for sale on the open market of this State articles or products manufactured or produced wholly or in part by inmates in this or another state.
(B) The provisions of this section do not apply to:
(1) articles manufactured or produced by persons on parole or probation;
(2) the production of cattle, hogs, cotton, Turkish tobacco, soybeans, and wheat;
(3) products sold by the Department of Corrections made by inmates in the hobbycraft program;
(4) articles or products sold to nonprofit corporations incorporated under the provisions of Article 1, Chapter 31 of Title 33, or to organizations operating in this State which have been granted an exemption under Section 501(c) of the Internal Revenue Code of 1986;
(5) road and street designation signs sold to private developers;
(6) articles or products made in an adult work activity center established by the Department of Corrections through contracts with private sector businesses which provide work and vocational training opportunities for the physically handicapped, mentally retarded, or aged inmates where the compensation is paid by the private sector business to the inmate on a piece completed basis;
(7) products sold intrastate or interstate produced by inmates of the Department of Corrections employed in a federally certified private sector/prison industries program if the inmate workers participate voluntarily, receive comparable wages, and the work does not displace employed workers. For purposes of this item, `products' does not include goods and Standard Industrial Classification Code 27. The Department of Labor, Licensing, and Regulation shall develop guidelines to determine if the work displaces employed workers.;
(8) articles or products produced as the result of a contract entered into pursuant to Section 24-3-430.
(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."
SECTION 15. The 1976 Code is amended by adding:
"Section 24-3-430. (A) The Director of the Department of Corrections may establish a program involving the use of inmate labor in private industry for the manufacturing and processing of goods, wares, or merchandise or the provision of services or another business or commercial enterprise considered by the director to enhance the general welfare of South Carolina.
(B) The director may enter into contracts necessary to implement this program. The contractual agreements may include rental or lease agreements for state buildings or portions of them on the grounds of an institution or a facility of the Department of Corrections and provide for reasonable access to and egress from the buildings to establish and operate a facility.
(C) An inmate may participate in the program established pursuant to this section only on a voluntary basis and only after he has been informed of the conditions of his employment.
(D) No inmate participating in the program may earn less than the prevailing wage for work of similar nature in the private sector.
(E) Inmate participation in the program may not result in the displacement of employed workers and may not impair existing contracts for services.
(F) Nothing contained in this section restores, in whole or in part, the civil rights of an inmate. No inmate compensated for participation in the program is considered an employee of the State.
(G) No inmate 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.
(H) The earnings of an inmate authorized to work at paid employment pursuant to this section must be paid directly to the Department of Corrections and applied as provided under Section 24-3-40."
SECTION 17. Section 11-35-710 of the 1976 Code is amended to read:
"Section 11-35-710. The board, may upon the recommendation of the Division of General Services, may exempt governmental bodies from purchasing certain items through the respective chief procurement officer's area of responsibility. The board may exempt specific supplies or services from the purchasing procedures herein required in this section and for just cause may by unanimous written decision limit or withdraw any exemptions provided for in this section. The following exemptions are hereby granted in this chapter:
(a) the construction, maintenance, and repair of bridges, highways, and roads; vehicle and road equipment maintenance and repair; and any other emergency type parts or equipment utilized by the Department of Transportation;
(b) the purchase of raw materials and supplies by the South Carolina Department of Corrections, Division of Prison Industries;
(c) South Carolina State Ports Authority;
(d) Division of Public Railways of the Department of Commerce;
(e) South Carolina Public Service Authority;
(f) expenditure of funds at state institutions of higher learning derived wholly from athletic or other student contests, from the activities of student organizations, and from the operation of canteens and bookstores, except as such the funds are used for the procurement of construction, architect-engineer, construction-management, and land-surveying services;
(g) livestock, feed, and veterinary supplies;
(h) articles for commercial sale by all governmental bodies;
(i) fresh fruits, vegetables, meats, fish, milk, and eggs;
(j) South Carolina Arts Commission and South Carolina Museum Commission for the purchase of one-of-a-kind items such as paintings, antiques, sculpture, and similar objects. Before any a governmental body procures any such the objects, the head of the purchasing agency shall prepare a written determination specifying the need for such the objects and the benefits to the State. The South Carolina Arts Commission shall review such the determination and forward a recommendation to the board for approval;
(k) published books, periodicals, and technical pamphlets.;
(l) South Carolina Research Authority.;
(m) the purchase of goods, products, and services by state offices, departments, institutions, agencies, boards, and commissions or the political subdivisions of this State from the South Carolina Department of Corrections, Division of Prison Industries."
SECTION 18. No later than the first day of the 1996 Legislative Session, the Department of Corrections shall submit to the General Assembly a detailed and comprehensive report on:
(1) the current status of the prison industries and agricultural programs and the litter control program and recommendations necessary to expand meaningful work opportunities for inmates;
(2) the potential market that exists for prison industries products or services;
(3) the participation by offices, departments, institutions, or agencies supported in whole or in part by this State or its political subdivisions in purchasing goods and services currently provided by prison industries and recommendations for increasing the purchasing;
(4) a listing of known products, goods, or services currently manufactured or produced by offices, departments, institutions, or agencies supported in whole or in part by this State or its political subdivisions which could be evaluated for adoption into the prison industries program;
(5) a plan to establish, transfer, and close certain prison industries operations to adjust to actual or potential market demand for particular products or services and maximize opportunities for gainful work for inmates;
(6) a plan to promote, plan, and when considered advisable, assist in the location of privately owned and operated industrial enterprises which would utilize inmate labor on the grounds of adult correctional institutions;
(7) the need, if any, for the creation of an advisory board to establish and promote prison industries and services programs.
SECTION 19. This act takes effect upon approval by the Governor.