South Carolina General Assembly
115th Session, 2003-2004

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Bill 3531

Indicates Matter Stricken
Indicates New Matter

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

COMMITTEE REPORT

April 9, 2003

H. 3531

Introduced by Rep. Wilkins

S. Printed 4/9/03--H.

Read the first time February 6, 2003.

            

THE COMMITTEE ON WAYS AND MEANS

To whom was referred a Bill (H. 3531) to amend the Code of Laws of South Carolina, 1976, by adding Section 24-1-290 so as to provide that the Director of the Department of Corrections may enter into contracts, etc., respectfully

REPORT:

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 Section 24-1-290 of the 1976 Code, as contained in SECTION 1, and inserting:

/    Section 24-1-290.    The Director of the Department of Corrections may enter into contracts with private sector entities that allow for inmate labor to be provided for prison industry service work and export work that involves exportation of products. The use of this inmate labor may not result in the displacement of employed workers within the local region in which the work is being performed. Service work is defined as any work such as repair or replacement of original manufactured items, packaging, sorting, recycling, labeling, or similar work that is not original manufacturing. Export work is defined as any work which results in a product that is exported for sale outside the United States which is not involved in interstate commerce. The department may negotiate the wage to be paid for inmate labor provided under prison industry service work contracts, and these wages may be less than the prevailing wage for work of a similar nature in the private sector. However, the Director of the Department of Corrections shall deduct the following from the gross earnings of the inmates engaged in prison industry service work in addition to any other required deductions:

(1)    if restitution to a particular victim or victims has been ordered by a court of appropriate jurisdiction, then twenty percent must be used to fulfill the restitution obligation;

(2)    if restitution to a particular victim or victims has not been ordered by a court of appropriate jurisdiction, or if court-ordered restitution to a particular victim or victims has been satisfied, then twenty percent must be applied to the South Carolina Victim's Compensation Fund;

(3)    ten percent must be retained by the Department of Corrections to defray the cost of the inmate's room and board. /

Renumber sections to conform.

Amend title to conform.

ROBERT W. HARRELL, JR. for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

The Department of Corrections (SCDC) indicate that implementation of the proposed bill would not require the expenditure of any additional general fund appropriations. The bill would create additional opportunities for the department to generate other fund revenue. This additional revenue would assist the department in addressing its current shortfall in required agency funding.

SPECIAL NOTES:

SCDC notes there are currently about 600-800 Prison Industries inmates who assist and support the workforce of local companies from within several of their prisons.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.

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

SECTION    1.    Chapter 1, Title 24 of the 1976 Code is amended by adding:

"Section 24-1-290.    The Director of the Department of Corrections may enter into contracts with private sector entities that allow inmate labor to be provided for prison industry service work. The use of inmate labor may not result in the displacement of employed workers within the local region in which work is being performed. Pursuant to this section, service work is defined as any work that includes repair, replacement of original manufactured items, packaging, sorting, recycling, labeling, or similar work that is not original equipment manufacturing. The department may negotiate the wage to be paid for inmate labor provided under prison industry service work contracts, and these wages may be less than the prevailing wage for work of a similar nature in the private sector."

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

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