South Carolina General Assembly
114th Session, 2001-2002

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Bill 4757


                    Current Status

Bill Number:                      4757
Ratification Number:              360
Act Number:                       283
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20020219
Primary Sponsor:                  Harrison
All Sponsors:                     Harrison
Drafted Document Number:          l:\council\bills\ggs\22354cm02.doc
Date Bill Passed both Bodies:     20020508
Date of Last Amendment:           20020501
Governor's Action:                S
Date of Governor's Action:        20020528
Subject:                          Federal prisoners, housing of at county 
                                  jails; to revise the fee and its distribution 
                                  that sheriff or jailer may impose


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
------  20020613  Act No. A283
------  20020528  Signed by Governor
------  20020522  Ratified R360
House   20020508  Concurred in Senate amendment, 
                  enrolled for ratification
Senate  20020502  Read third time, returned with
                  amendment
Senate  20020501  Amended, read second time, 
                  notice of general amendments
Senate  20020430  Recalled from Committee                03 SCP
Senate  20020409  Introduced, read first time,           03 SCP
                  referred to Committee
House   20020404  Read third time, sent to Senate
House   20020403  Amended, read second time
House   20020402  Committee report: Favorable with       25 HJ
                  amendment
House   20020219  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill
Revised on April 2, 2002 - Word format
Revised on April 3, 2002 - Word format
Revised on April 30, 2002 - Word format
Revised on April 30, 2002-A - Word format
Revised on May 1, 2002 - Word format
Revised on May 13, 2002 - Word format

View additional legislative information at the LPITS web site.


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

(A283, R360, H4757)

AN ACT TO AMEND SECTION 23-19-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE CHARGE AND CONTRACTUAL PROCEDURE BY ALLOWING SHERIFFS, JAILERS, AND MUNICIPALITIES TO CHARGE AN AMOUNT PER DAY AS PROVIDED BY CONTRACTUAL AGREEMENT WITH THE APPROPRIATE FEDERAL AUTHORITY FOR EACH PERSON COMMITTED TO A JAIL OR ANOTHER DETENTION FACILITY EITHER AS A PRETRIAL FEDERAL DETAINEE, PENDING A JUDICIAL HEARING OR ACTION, AS A FEDERAL PRISONER IN TRANSIT FROM OR AWAITING TRANSFER TO ANOTHER INSTITUTION, OR AS A FEDERAL INMATE SERVING A SENTENCE IMPOSED BY THE UNITED STATES COURTS, TO DELETE THE PROVISION THAT ALLOWS A PORTION OF THE CHARGE TO BE USED BY THE COUNTY JAIL, TO PROVIDE THAT THE CONTRACT MUST BE SIGNED BY THE SHERIFF IF HE IS RESPONSIBLE FOR OPERATING A COUNTY JAIL OR DETENTION FACILITY USED TO HOUSE FEDERAL DETAINEES, PRISONERS, OR INMATES, AND TO PROVIDE THAT ANY EXPENDITURE OF MONIES CONTAINED IN THIS SECTION MUST BE MADE IN ACCORDANCE WITH THE ESTABLISHED PROCUREMENT PROCEDURES OF THE LOCAL GOVERNMENT WHICH HAS BUDGET APPROPRIATION AUTHORITY FOR THE JAIL OR DETENTION FACILITY.

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

Charges for housing federal prisoners

SECTION 1. Section 23-19-20 of the 1976 Code is amended to read:

"Section 23-19-20. (A) The sheriffs or jailers of the respective counties of this State may charge an amount per day as provided by contractual agreement with the appropriate federal authority for each person committed to the county jail or another detention facility as a pre-trial federal detainee, pending a judicial hearing or action, as a federal prisoner in transit from or awaiting transfer to another institution, or as a federal inmate serving a sentence imposed by the United States courts.

(B) A contract with the appropriate federal authority for the housing of federal detainees, prisoners, or inmates by a county of this State must also be signed by the sheriff if he is responsible for operating the county jail or detention facility.

(C) A municipality which operates a jail or detention facility may charge an amount per day as provided by contractual agreement with the appropriate federal authority for each person committed to the jail or detention facility as a pre-trial federal detainee pending a judicial hearing or action, as a federal prisoner in transit from or awaiting transfer to another institution, or as a federal inmate serving a sentence imposed by the United States courts.

(D) Any expenditure of the monies contained in this section must be made in accordance with the established procurement procedures of the local government having budget appropriation authority for the jail or detention facility."

Time effective

SECTION 2. This act takes effect upon approval by the Governor.

Ratified the 22nd day of May, 2002.

Approved the 28th day of May, 2002.

__________


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