South Carolina General Assembly
113th Session, 1999-2000

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Bill 3629


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                      3629
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  19990302
Primary Sponsor:                  Ott
All Sponsors:                     Ott, G. Brown, Woodrum, Cobb-Hunter, 
                                  T. Brown, Govan, Hayes, M. McLeod, Howard, 
                                  Scott, Wilkes, Wilder, Allen, Bales, Harvin, 
                                  W. McLeod, Parks, Pinckney, Rodgers and 
                                  Rutherford
Drafted Document Number:          l:\council\bills\nbd\11172som99.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Litter control, provisions for inmates to 
                                  work at program; Conservation, Prisons and 
                                  Prisoners, Corrections


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   19990302  Introduced, read first time,           25 HJ
                  referred to Committee


                             Versions of This Bill

View additional legislative information at the LPITS web site.


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND SECTION 24-3-20, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEPARTMENT OF CORRECTIONS AND ITS LITTER CONTROL PROGRAM; TO AMEND SECTION 24-3-130, AS AMENDED, RELATING TO THE USE OF INMATE LABOR ON STATE HIGHWAYS; TO AMEND SECTION 24-13-65, RELATING TO THE DEPARTMENT OF CORRECTIONS PROVIDING PRISONERS FOR LITTER CONTROL PROJECTS PROPOSED BY COUNTIES AND MUNICIPALITIES; TO AMEND SECTION 24-13-660, RELATING TO PUBLIC SERVICE WORK PERFORMED BY INMATES, SO AS TO PROVIDE IN EACH SECTION THAT AN INMATE IS ENTITLED TO A REDUCTION OF SEVEN DAYS IN THE TERM OF HIS SENTENCE FOR EVERY FORTY HOURS SPENT WORKING AT LITTER CONTROL AND TO PROVIDE FURTHER THAT THIS CREDIT IS INDEPENDENT OF OTHER CREDITS THE INMATE MAY EARN.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 24-3-20(C) of the 1976 Code, as last amended by Act 406 of 1996, is further amended to read:

"(C)(1) Notwithstanding any other provision of law, the department shall make available for use in litter control and removal any or all prison inmates not engaged in programs determined by the department to be more beneficial in terms of rehabilitation and cost effectiveness. The department shall not make available for litter control those inmates who, in the judgment of the director, pose a significant threat to the community, who have been convicted of a violent offense, or who are not physically, mentally, or emotionally able to perform work required in litter control. No inmate must be assigned to a county prison facility except upon written acceptance of the inmate by the chief county administrative officer or his designee, and no prisoner may be assigned to litter control in a county which maintains a facility unless he is assigned to the county prison facility. The department shall include in its annual report to the Budget and Control Board an analysis of the job and program assignments of inmates. This plan shall include such programs as litter removal, prison industries, work release, education, and counseling. The department shall make every effort to minimize not only inmate idleness but also occupation in marginally productive pursuits. The Budget and Control Board and the Governor's Office shall comment in writing to the department concerning any necessary alterations in this plan.

(2) In addition to and independent of credits earned by inmates pursuant to Section 24-13-210 and Section 24-13-230, an inmate gainfully employed in litter control is entitled to seven days reduction in the term of his sentence for every forty hours spent working at litter control."

SECTION 2. Section 24-3-130(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(A)(1) The State Department of Corrections may permit the use of prison inmate labor on state highway projects or other public projects that may be practical and consistent with safeguarding of the inmates employed on the projects and the public. The Department of Transportation, another state agency, or a county, municipality or public service district making a beneficial public improvement may apply to the department for the use of inmate labor on the highway project or other public improvement or development project. If the director determines the labor may be performed with safety and the project is beneficial to the public he may assign inmates to labor on the highway project or other public purpose project. The inmate labor force must be supervised and controlled by officers designated by the department but the direction of the work performed on the highway or other public improvement project must be under the control and supervision of the person designated by the agency, county, municipality, or public service district responsible for the work. No person convicted of criminal sexual conduct in the first, second, or third degree or a person who commits a violent crime while on a work release program may be assigned to perform labor on a project described by this section.

(2) In addition to and independent of credits earned by inmates pursuant to Section 24-13-210 and Section 24-13-230, an inmate gainfully employed in litter control is entitled to seven days reduction in the term of his sentence for every forty hours spent working at litter control."

SECTION 3. Section 24-13-65 of the 1976 Code is amended to read:

"Section 24-13-65. The Department of Corrections shall provide prisoners not otherwise engaged in a useful prison occupation for litter control projects proposed by counties and municipalities. The prisoners shall qualify for these projects pursuant to Section 24-3-20(C). They are also entitled to a reduction of time from their term of sentence as provided in Section 24-3-20(C)."

SECTION 4. Section 24-13-660(B) and (C) of the 1976 Code, as added by Act 88 of 1993, is amended to read:

"(B) No offender may be allowed to participate in these public service work activities unless he first is properly classified pursuant to Section 24-3-20 and approved to be outside the prison or jail without armed escort.

(C)(1) The public service work requirement in subsection (A) operates only when adequate supervision and accountability can be provided by the agency, entity, district, or organization which is responsible for the work or related activity. The types of public service work permitted to be performed include, but are not limited to, litter control, road and infrastructure repair, and emergency relief activities.

(2) In addition to and independent of credits earned by inmates pursuant to Section 24-13-210 and Section 24-13-230, an inmate gainfully employed in litter control is entitled to seven days reduction in the term of his sentence for every forty hours spent working at litter control."

SECTION 5. This act takes effect upon approval by the Governor.

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