Current Status Bill Number:90 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19970114 Primary Sponsor:Rose All Sponsors:Rose Drafted Document Number:s-res\rose\res1139.mtr Residing Body:Senate Current Committee:Corrections and Penology Committee 03 SCP Subject:Private Correctional Facilities, Programs, and Services Act; prisons and prisoners
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19980205 Recommitted to Committee 03 SCP
Senate 19970305 Read second time, notice of
general amendments
Senate 19970304 Polled out of Committee: 03 SCP
Without report
Senate 19970114 Introduced, read first time, 03 SCP
referred to Committee
View additional legislative information at the LPITS web site.
POLLED OUT OF COMMITTEE
March 4, 1997
S. 90
S. Printed 3/4/97--S.
Read the first time January 14, 1997.
To whom was referred a Bill (S. 90), to amend Chapter 3, Title 24, Code of Laws of South Carolina, 1976, relating to the state prison system, etc., respectfully
Has polled the Bill out of committee without report.
TO AMEND CHAPTER 3, TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PRISON SYSTEM, BY ADDING ARTICLE 13, SO AS TO ENACT THE "PRIVATE CORRECTIONAL FACILITIES, PROGRAMS, AND SERVICES ACT"; AND TO AMEND SECTION 24-3-30 OF THE 1976 CODE, RELATING TO DESIGNATION OF PLACES OF CONFINEMENT OF PERSONS CONVICTED OF OFFENSES AGAINST THE STATE, SO AS TO PROVIDE THAT AT THE EXPIRATION OR TERMINATION OF A CONTRACT TO HOUSE PRISONERS MADE WITH A NONGOVERNMENTAL AGENCY, ALL PRISONERS MUST BE RETURNED TO THE CUSTODY OF THE DEPARTMENT OF CORRECTIONS OR THE LEGALLY RESPONSIBLE ENTITY OF LOCAL GOVERNMENT.
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 Correctional 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) provides residential and nonresidential accommodations and services for offenders, juvenile delinquents, status offenders, and detainees;
(b) provides programs and services to aid offenders, juvenile delinquents, status offenders, 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 for meeting their personal and family needs, and in participating in specialized treatment programs that exist within the community; or
(c) provides supervision, confinement, residential care, and surveillance of offenders, juvenile delinquents, status offenders, 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) `Status offender' means a juvenile who has been determined to have committed a violation which would not be considered a criminal act if committed by an adult; and, for purposes of this act, includes juveniles who are accused of, charged with, or pending adjudication on a status offense.
(5) `Nongovernmental agency' means a person or organization other than a unit of government or agency and includes private profit and nonprofit organizations.
(6) `Offender' means an adult who has entered a plea of guilty or has been convicted of a felony or misdemeanor.
(7) `Parole board' means the Board of Probation, Parole and Pardon Services.
(8) `Unit of local government' means a county, municipality, or multi-jurisdictional entity.
Section 24-3-2420. (A) A unit of local government or a state agency 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, confinement, or supervision of offenders, juvenile delinquents, status offenders, and detainees in nongovernmental correctional facilities, programs, or services.
(B) Units of local government shall establish specific procedures for screening offenders, juvenile delinquents, status offenders, or detainees who are placed in nongovernmental correctional facilities, programs, or services pursuant to this article.
(C) Each unit of local government shall review, monitor, and evaluate all correctional facilities, programs, and services which are operated or provided by nongovernmental agencies within the geographical boundaries of the unit of local government and which provide accommodations 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 24-3-2450.
(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 principal site of the program is to be located, or approval by the appropriate state authority, depending upon which governing body or agency the facility or service has been designed to accommodate. Approval or denial of the establishment of the facility, program, or service must be made only after consultation with the parole board and other agencies having responsibility for offenders, juvenile delinquents, status offenders, and detainees.
(F) In a county where the sheriff is the jailor, the county may not enter into a contract under this section which affects operation of the jail without the sheriff's consent.
Section 24-3-2430. The Jail and Prison Inspection Division of the Department of Corrections shall inspect all facilities owned, operated, or managed by private vendors and other nongovernmental agencies which house prisoners or pre-trial detainees through contractual arrangements with a state agency, county, municipality, multi-jurisdictional entity, or any other political subdivision. These inspections must be made pursuant to Section 24-9-20. The appropriate governing body and other responsible officials shall be accountable in every respect as stipulated in Section 24-9-30, Section 24-9-35, and Section 24-9-40.
Section 24-3-2440. All employees of contracted private vendors and other nongovernmental agencies who have responsibilities involving correctional facilities, programs, and services as defined in Section 24-3-2410 are subject to the same training and certification requirements as are called for on their equivalent positions in the government sector. Costs for all training and certification programs administered by the Division of Training and Continuing Education of the Department of Public Safety to employees of private vendors and other nongovernmental agencies must be borne by the private vendors and other nongovernmental agencies. The Division of Training and Continuing Education will determine the actual direct and indirect costs on a per student basis and will collect the related fees from the private vendors and other nongovernmental agencies which employ the students enrolled. Private vendors and other nongovernmental agencies may not circumvent the requirements of Section 23-6-400 or 23-6-430 by utilizing employees who would be unable to qualify for equivalent assignments in the government sector.
Section 24-3-2450. (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 being provided, including:
(1) requirements for strict accountability procedures and practices for the conduct and supervision of offenders, juvenile delinquents, status offenders, and detainees, including requirements for twenty-four hour supervision of offenders, juvenile delinquents, status offenders, and detainees in residential programs;
(2) guidelines for periodic and unscheduled tests to determine the use of drugs by offenders, juvenile delinquents, status offenders, and detainees; and
(3) standards regarding health, sanitation, and fire safety.
(B) Before entering into a contract with a nongovernmental agency, each state agency 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 information, review, and recommendations.
(C) The guidelines and standards required by this section must be developed pursuant to Section 24-3-2500.
Section 24-3-2460. (A) Subject to subsection (B), after an adjudication of guilty or delinquency, the sentencing court, as a condition of probation, may order that the offender, juvenile delinquent, or status 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, juvenile delinquent, or status offender 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 24-3-2450 or 24-3-2490; and
(2) funding for the placement is available.
(C) Before the placement of an offender, juvenile delinquent, or status offender 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 24-3-2470. 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, status offenders, and detainees placed in a correctional facility, program, or service under this article in accordance with their existing statutory responsibilities for offenders, juvenile delinquents, status offenders, and detainees.
Section 24-3-2480. (A) Subject to subsection (B), the responsible state agency may place an offender, juvenile delinquent, status offender, 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 or nonresidential care of offenders, juvenile delinquents, status offenders, or detainees; and
(2) funding for the placement is available.
(C) Before the non-judicial placement of an individual in a nongovernmental residential facility, the state agency having responsibility for the offender, juvenile delinquent, status offender, 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 24-3-2490. Subject to legislative appropriation, state agencies, in accordance with state procurement law, may contract under this article with nongovernmental agencies to operate correctional facilities and programs and to provide correctional services for offenders, juvenile delinquents, status offenders, and detainees.
Section 24-3-2500. (A) Nongovernmental facilities which provide residential services to county or municipal offenders or detainees, and all nongovernmental facilities which provide residential services to any pre-adjudicatory juveniles, must comply with the standards developed under the authority of Section 24-9-20.
(B) Nongovernmental facilities which provide residential or nonresidential services to offenders, detainees, juvenile delinquents, or status offenders who are under the jurisdiction of a state agency must comply with the most recent standards established by the American Correctional Association or, in the alternative, with standards developed and used by a state agency for its own facilities, operations, programs, and services.
Section 24-3-2510. (A) An offender, juvenile delinquent, status offender, or detainee is guilty of escape from official detention and, upon conviction, must be punished as provided by law if, without proper authorization:
(1) he 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 other authorized community assignment, or fails or neglects to return to a nongovernmental correctional facility within the time prescribed or when specifically ordered to do so.
Section 24-3-2520. Each state agency affected by this act 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, status offenders, and detainees assigned to those facilities, programs, or services; the extent to which offenders, juvenile delinquents, status offenders, and detainees have received and benefitted from services related to their rehabilitation; and the rate of success as compared to offenders, juvenile delinquents, status offenders, and detainees in government operated correctional facilities, programs, or services."
SECTION 2. Section 24-3-30 of the 1976 Code is amended to read:
"Section 24-3-30. 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 regional, county, or municipal jail or work camp, whether maintained by the Department of Corrections or otherwise some other entity. However, the consent of the officials in charge of the any regional, county, or municipal 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 governing body concerned not less than six months before the closing of a county prison local detention facility which would result in the transfer of the those state prisoners of confined in the county local facility to facilities of the department.
Each county or city administrator, or the equivalent, having charge of county any local prison detention facilities, upon the department's designating the county local facilities as the place of confinement of for a prisoner, may use the prisoner assigned to them for the purpose of working the roads of the county entity or for other public work. A prisoner so assigned to the county local entity 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. At the expiration or termination of a contract with a nongovernmental agency, all prisoners must be returned to the department or to the legally responsible entity of local government. If at any time a prisoner is not returned by a nongovernmental entity when directed, then habeas corpus lies."
SECTION 3. This act takes effect upon approval by the Governor.