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Current Status Bill Number:View additional legislative information at the LPITS web site.298 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20010208 Primary Sponsor:Thomas All Sponsors:Thomas Drafted Document Number:l:\council\bills\ggs\22773cm01.doc Residing Body:Senate Current Committee:Corrections and Penology Committee 03 SCP Subject:Prisoner reimbursement policy, county and sheriff may adopt when person in jail to reimburse confinement costs; Prisons History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020508 Recommitted to Committee 03 SCP ------ 20010411 Scrivener's error corrected Senate 20010410 Committee report: majority 03 SCP favorable, with amendment, minority unfavorable Senate 20010208 Introduced, read first time, 03 SCP referred to Committee Versions of This Bill Revised on April 10, 2001 - Word format Revised on April 11, 2001 - Word format
COMMITTEE REPORT
April 10, 2001
S. 298
S. Printed 4/10/01--S. [SEC 4/11/01 4:00 PM]
Read the first time February 8, 2001.
To whom was referred a Bill (S. 298) to amend the Code of Laws of South Carolina, 1976, by adding Section 24-5-175 so as to provide that a county governing body in agreement with a sheriff, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. The 1976 Code is amended by adding:
"Section 24-5-175. (A) The county governing body in agreement with the sheriff when the sheriff operates the jail, or the jail administrator where the county operates the jail, may adopt a prisoner reimbursement policy for the jail pursuant to this section to be administered in the jail under the sheriff or jail administrator. The sheriff or jail administrator may appoint a reimbursement coordinator to administer the jail's prisoner reimbursement policy.
(B) A prisoner reimbursement policy adopted under this section is a policy that requires a person confined to the jail to reimburse the county for expenses it incurs for the person's confinement that may include, but are not limited to:
(1) a per diem fee for room and board of not more than sixty dollars a day or the actual per diem costs, whichever is less, for the entire period the person is confined to the jail;
(2) actual charges for medical and dental treatment;
(3) reimbursement for county property damaged by the person while confined to the jail.
(C) An inmate processing fee of twenty-five dollars will be imposed on all persons booked into and released from a local detention facility.
(D) Rates charged shall be on a sliding scale determined by the sheriff or jail administrator with the approval of the county council based on the ability of the person confined to the jail to pay and on consideration of any legal obligation of the person to support a spouse, minor children, or other dependents and any moral obligation to support dependents to whom the person is providing or has in fact provided support. Upon the person's release, additional action shall not be taken to recover funds that were not collected during his incarceration. The person's account shall maintain a negative balance if he is reincarcerated.
(E) A reimbursement received under subsection (A)(1) of this section shall be credited to the county's general fund to be used for the upkeep and maintenance of county jails as determined by the sheriff or the jail administrator.
(F) Notwithstanding any other provision of law, a county council may establish a policy that requires a person who is not indigent and who is confined in the county's jail to pay a reasonable fee for any medical treatment or service requested by and provided to that person. This fee shall not exceed the actual costs of the treatment or service provided. A person confined to the jail under this section who is indigent is not required to pay those fees, and a person who is confined to the jail under this section shall not be denied any necessary medical care because of inability to pay those fees. Upon provision of the requested medical treatment or service, payment of the required fee may be automatically deducted from a person's confinement in the jail if funds are available in the person's account. Fees received for medical treatment or services must be paid into the county general fund to be used for the upkeep of the jail.
(G) If a person confined to the jail is required under this section to reimburse the county for expenses incurred by reason of the person's confinement to the jail, any fees paid by the person under subsection (F) must be deducted from the expenses required to be reimbursed under the other subsections contained in this section.
(H) If criminal charges pending against a prisoner are dismissed or the prisoner is adjudicated not guilty of the criminal charges, then all fees imposed against the prisoner must be rescinded, and all fees collected from the prisoner must be reimbursed to him.
(I) The sheriff or his designe, or the jail administrator or his designee must investigate the financial status of a prisoner and obtain information necessary to investigate the prisoner's status through various means that may include contacting the prisoner's employers and reviewing the prisoner's income tax records. A financial history form must be used to assist the sheriff or jail administrator to determine a prisoner's financial status."
SECTION 2. This act takes effect upon approval by the Governor. /
Amend title to conform.
Majority favorable. Minority unfavorable.
GREG RYBERG KAY PATTERSON
For Majority. For Minority.
EXPLANATION OF IMPACT:
Enactment of this bill will not have a fiscal impact on the General Fund of the State nor on federal and/or other funds.
LOCAL GOVERNMENT IMPACT:
There would be no cost to the counties associated with the requirements of this bill. However, eventually there could be a savings to the counties.
Approved By:
Don Addy
Office of State Budget
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-5-175 SO AS TO PROVIDE THAT A COUNTY GOVERNING BODY IN AGREEMENT WITH A SHERIFF OR JAIL ADMINISTRATOR MAY ADOPT A PRISONER REIMBURSEMENT POLICY FOR A JAIL THAT REQUIRES A PERSON CONFINED TO A JAIL TO REIMBURSE THE COUNTY FOR EXPENSES IT INCURS FOR THE PERSON'S CONFINEMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 24-5-175. (A)(1) The county governing body in agreement with the sheriff when the sheriff operates the jail, or the jail administrator where the county operates the jail, may adopt a prisoner reimbursement policy for the jail pursuant to this section to be administered in the jail under the sheriff or jail administrator. The sheriff or jail administrator may appoint a reimbursement coordinator to administer the jail's prisoner reimbursement policy.
(2) A prisoner reimbursement policy adopted under this section is a policy that requires a person confined to the jail to reimburse the county for expenses it incurs for the person's confinement that may include, but are not limited to:
(a) a per diem fee for room and board of not more than sixty dollars a day or the actual per diem costs, whichever is less, for the entire period the person is confined to the jail;
(b) actual charges for medical and dental treatment;
(c) reimbursement for county property damaged by the person while confined to the jail.
(3) An Inmate Processing Fee of twenty-five dollars will be imposed on all persons booked into and released from a local detention facility.
(4) Rates charged shall be on a sliding scale determined by the sheriff or jail administrator with the approval of the county council based on the ability of the person confined to the jail to pay and on consideration of any legal obligation of the person to support a spouse, minor children, or other dependents and any moral obligation to support dependents to whom the person is providing or has in fact provided support.
(5) The reimbursement coordinator or another person designated by the sheriff or jail administrator may investigate the financial status of the confined person and obtain information necessary to investigate that status, by means that may include contacting employers and reviewing income tax records. The coordinator may work with the confined person to create a repayment plan to be implemented upon the person's release. At the end of the person's incarceration, the person shall be presented with a billing statement signed by the sheriff or jail administrator.
(6) The reimbursement coordinator or another person designated by the sheriff or jail administrator may collect, or the sheriff or jail administrator may enter into a contract with one or more public agencies or private vendors to collect, any amounts remaining unpaid. Within twelve months after the date of the confined person's release, the county attorney may file a civil action to seek reimbursement from that person for any billing amount that remains unpaid. The county shall not enforce any judgment obtained under this section by means of execution against the person's homestead. For purposes of this section 'homestead' has the same meaning as contained in Section 15-41-30 of the South Carolina Code of Laws.
(7) A reimbursement received under subsection (A)(1) of this section shall be credited to the county's general fund to be used for the upkeep and maintenance of county jails as determined by the sheriff or the jail administrator.
(B)(1) Notwithstanding any other provision of law, a county council may establish a policy that requires a person who is not indigent and who is confined in the county's jail to pay a reasonable fee for any medical treatment or service requested by and provided to that person. This fee shall not exceed the actual costs of the treatment or service provided. A person confined to the jail under either subsection (A) or (B) who is indigent is not required to pay those fees, and a person who is confined to the jail under either subsection (A) or (B) shall not be denied any necessary medical care because of inability to pay those fees.
Upon provision of the requested medical treatment or service, payment of the required fee may be automatically deducted from a person's confinement in the jail if funds later become available in the person's account. If the person is released from the jail and has an unpaid balance of these fees, the board of county commissioners may bill the person for payment for the remaining unpaid fees. Fees received for medical treatment or services must be paid into the commissary fund, if one has been created for the jail, or, if no commissary fund exists, into the county treasury.
(2) If a person confined to the jail is required under subsection (A) to reimburse the county for expenses incurred by reason of the person's confinement to the jail, any fees paid by the person under subsection (B)(1) must be deducted from the expenses required to be reimbursed under subsection (A)."
SECTION 2. This act takes effect upon approval by the Governor.
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