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Current Status Bill Number:View additional legislative information at the LPITS web site.1129 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20020320 Primary Sponsor:Fair All Sponsors:Fair Drafted Document Number:l:\council\bills\ggs\22432cm02.doc Residing Body:Senate Current Committee:Corrections and Penology Committee 03 SCP Subject:Prison industry program, to revise the distribution of prisoners' wages History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020320 Introduced, read first time, 03 SCP referred to Committee Versions of This Bill
TO AMEND SECTION 24-3-40, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF WAGES EARNED BY PRISONERS WHO WORK AT PAID EMPLOYMENT IN A COMMUNITY OR IN A PRISON INDUSTRY PROGRAM, SO AS TO REVISE THE DISTRIBUTION OF A PRISONER'S WAGES IF RESTITUTION HAS NOT BEEN ORDERED BY A COURT, IF COURT-ORDERED RESTITUTION HAS BEEN SATISFIED, IF A PRISONER IS EMPLOYED IN A PRISON INDUSTRY PROGRAM, AND IF A PRISONER DOES NOT HAVE CHILD SUPPORT OBLIGATIONS; AND TO AMEND SECTION 24-3-315, AS AMENDED, RELATING TO THE DEPARTMENT OF CORRECTIONS' OBLIGATION TO ENSURE THAT AN INMATE PARTICIPATING IN A PRISON INDUSTRY PROGRAM IS PARTICIPATING ON A VOLUNTARY BASIS, SO AS TO DELETE A REFERENCE TO THE JUSTICE ASSISTANCE ACT OF 1984 AND TO PROVIDE THIS PROVISION COVERS PRISON INDUSTRY PROGRAMS UNDER CONTRACT WITH A PRIVATE SECTOR ENTITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-3-40(2) and (3) of the 1976 Code, as last amended by Act 387 of 2000, is further amended to read:
"(2) If restitution to a particular victim or victims has not been ordered by the court, or if court-ordered restitution to a particular victim or victims has been satisfied, then the twenty ten percent referred to in subsection (1) must be placed on deposit with the State Treasurer for credit to a special account to support victim assistance programs established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, if the prisoner is engaged in work at paid employment in the community, and ten percent must be retained by the department to support services provided by the department to victims of the incarcerated population. If the prisoner is employed in a prison industry program, then the twenty ten percent referred to in subsection (1) must be directed to the State Office of Victim Assistance for use in training, program development, victim compensation, and general administrative support pursuant to Section 16-3-1410, and ten percent must be retained by the department to support services provided by the department to victims of the incarcerated population.
(3) Thirty-five percent must be used to pay the prisoner's child support obligations pursuant to law, court order, or agreement of the prisoner. These child support monies must be disbursed to the guardian of the child or children or to appropriate clerks of court, in the case of court ordered child support, for application toward payment of child support obligations, whichever is appropriate. If there are no child support obligations, then twenty-five ten percent must be used by the Department of Corrections to defray the cost of the prisoner's room and board, and fifteen percent must be placed in the state general fund to defray the cost of the prisoner's room and board. Furthermore, if there are no child support obligations, then ten percent must be made available to the inmate during his incarceration for the purchase of incidentals pursuant to subsection (4). This is in addition to the ten percent used for the same purpose in subsection (4)."
SECTION 2. Section 24-3-315 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 24-3-315. The Department of Corrections shall ensure that inmates an inmate participating in any a prison industry program pursuant to the Justice Assistance Act of 1984 under contract with a private sector entity is participating on a voluntary basis. The director must determine prior to before using inmate labor in a prison industry private sector entity project that it will not displace employed workers, that the locality does not have a surplus of available labor for the skills, crafts, or trades that would utilize inmate labor, and that the rates of pay and other conditions of employment are not less than those paid and provided for work of similar nature in the locality in which the work is performed."
SECTION 3. This act takes effect upon approval by the Governor.
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