Current Status Bill Number:1025 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19980212 Primary Sponsor:Anderson All Sponsors:Anderson Drafted Document Number:res1615.ra Residing Body:Senate Current Committee:Conference Committee 88 SCC Date of Last Amendment:19980414 Subject:Prisoner confinement, local correctional facility in county closest to convict's home if suitable; Prisons and Prisoners
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980604 Conference powers granted, 88 SCC Anderson
appointed Senators to Committee Wilson
of Conference Giese
House 19980528 Conference powers granted, 98 HCC Howard
appointed Reps. to Committee of Askins
Conference McGee
House 19980528 Insists upon amendment
Senate 19980527 Non-concurrence in House amendment
House 19980415 Read third time, returned to Senate
with amendment
House 19980414 Amended, read second time
House 19980408 Committee report: Favorable with 27 H3M
amendment
House 19980319 Introduced, read first time, 27 H3M
referred to Committee
Senate 19980318 Read third time, sent to House
Senate 19980317 Read second time, unanimous
consent for third reading on
Wednesday, 19980318
Senate 19980317 Committee amendment adopted
Senate 19980310 Committee report: Favorable with 03 SCP
amendment
Senate 19980212 Introduced, read first time, 03 SCP
referred to Committee
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 14, 1998
S. 1025
S. Printed 4/14/98--H.
Read the first time March 19, 1998.
TO AMEND SECTION 24-3-30 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT FOR PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO REQUIRE THE DEPARTMENT OF CORRECTIONS TO DESIGNATE AS THE CONVICTED PERSON'S PLACE OF CONFINEMENT THE INSTITUTION OR FACILITY CLOSEST TO THE CONVICTED PERSON'S HOME UNLESS THE CLOSEST FACILITY OR INSTITUTION IS NOT SUITABLE OR APPROPRIATE FOR CONFINEMENT OF THE PERSON FOR SECURITY REASONS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-3-30 of the 1976 Code is amended to read:
"Section 24-3-30. (A) Notwithstanding the provisions of Section 24-3-10 or another provision of law, a person convicted of an offense against the State 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 must be served. The department may designate as a place of confinement an available, a suitable, and an appropriate institution or facility including, but not limited to, a county jail or work camp whether maintained by the Department of Corrections, or otherwise. However, the consent of the officials in charge of the county institutions so designated must be obtained first. If imprisonment for three months or less is ordered by the court as the punishment, all persons so convicted must be placed in the custody, supervision, and control of the appropriate officials of the county in which the sentence was pronounced, if the county has facilities suitable for confinement. A county or municipality, through mutual agreement or contract, may arrange with another county or municipality or a local regional correctional facility for the detention of its prisoners. The Department of Corrections must be notified by the county officials concerned not less than six months before the closing of a county prison facility which would result in the transfer of the prisoners of the county facility to facilities of the department.
(B) The department may consider proximity to the home of a person convicted of an offense against the State in designating the place of his confinement if this placement does not jeopardize security as determined by the department. Proximity to a convicted person's home does not have precedence over departmental criteria for institutional assignment.
(C) Each county administrator, or the equivalent, having charge of county prison facilities, upon the department's designating the county facilities as the place of confinement of a prisoner, may use the prisoner assigned to them for the purpose of working the roads of the county or other public work. A prisoner so assigned to the county 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 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 lies."
SECTION 2. This act takes effect upon approval by the Governor.