Current Status Bill Number:3463 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970218 Primary Sponsor:McMahand All Sponsors:McMahand, F. Smith, Lee, M. Hines, Mack, T. Brown, Maddox and Whipper Drafted Document Number:egm\18561djc.97 Companion Bill Number:289 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Corrections Department Director, inmate labor by nonprofit organization, Prisons and Prisoners, Charitable Organizations
Body Date Action Description Com Leg Involved
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House 19970218 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-440 SO AS TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS TO ESTABLISH A PROGRAM INVOLVING THE USE OF INMATE LABOR BY A NONPROFIT ORGANIZATION AND TO ALLOW PARTICIPANTS TO EARN CREDITS TOWARD A REDUCTION IN SENTENCE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 24-3-440. (A) The Director of the Department of Corrections may establish a program involving the use of inmate labor by a nonprofit organization for the manufacturing and processing of goods, wares, or merchandise or the provision of services.
(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 building 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 in the State of South Carolina 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.
(I) An inmate who participates in this program, whose work record shows that he has observed all the rules of the program, is entitled to a deduction from the term of his sentence beginning with the day on which his participation begins, computed at the rate of twenty days for each month in the program."
SECTION 2. This act takes effect upon approval by the Governor.