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COMMITTEE REPORT
April 2, 2002
H. 4757
S. Printed 4/2/02--H.
Read the first time February 19, 2002.
To whom was referred a Bill (H. 4757) 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, 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. 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 one dollar an amount per day as provided by contractual agreement with the appropriate federal authority for each prisoner person committed to the county jails to serve sentences 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 Federal United States courts. Twenty-five cents of such amount shall be turned over by the sheriff or jailer to the county treasurer for the use and benefit of the county, being for the use of the jail.
(B) A contract with the appropriate federal authority for the housing of federal detainees, prisoners, or inmates by a county of this State must be signed by the sheriff if he is responsible for operating the county jail or detention facility that is being used.
(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."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
JAMES H. HARRISON for Committee.
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 FEE AND ITS DISTRIBUTION, AND TO PROVIDE THAT A CONTRACT FOR HOUSING OF FEDERAL PRISONERS MUST BE MADE BETWEEN THE ENTITY THAT OPERATES THE COUNTY JAIL OR DETENTION FACILITY AND THE APPROPRIATE FEDERAL AUTHORITY.
Be it enacted by the General Assembly of the State of South Carolina:
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 one dollar per day for each prisoner committed to the county jails to serve sentences imposed by the federal courts. Twenty-five cents percent of such this amount shall must be turned over by the sheriff or jailer to the county treasurer for the use and benefit of the county, being for the use of the jail. The remaining seventy-five percent must be deposited in an account with the county treasurer to be used by the sheriff or jailer. All monies distributed from this account must be used for the general benefit of the sheriff's office or jailer. These funds must not be used to supplement current or future operating funds appropriated by the county to the sheriff's office or jail.
(B) A contract for the housing of federal prisoners must be made between the entity that operates the county jail or detention facility and the appropriate federal authority."
SECTION 2. This act takes effect upon approval by the Governor.
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