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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
April 25, 2006
S. 1258
S. Printed 4/25/06--S.
Read the first time March 16, 2006.
To whom was referred a Bill (S. 1258) to amend the Code of Laws of South Carolina, 1976, by adding Section 24-3-220, so as to establish a procedure to allow an inmate who is confined, 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. Article 1, Chapter 3, Title 24 of the 1976 Code is amended by adding:
"Section 24-3-220. (A) Notwithstanding another provision of law, when the parent, sibling, spouse, child, grandparent, or grandchild of an inmate housed in a minimum security facility becomes seriously ill to the point of imminent death or dies, the inmate must be offered the choice to either attend the person's funeral service or private viewing or, prior to the person's death, visit the person in the hospital when the attendance or visit does not compromise security as determined by the Department of Corrections.
(B) The inmate, or a third party on behalf of the inmate, must present verification, satisfactory to the department, of the person's relationship to the inmate and either the person's illness or death.
(C) The department shall provide the necessary security and transportation for the inmate. Any sheriff or law enforcement agency may provide such transportation. The department or law enforcement agency may collect a reasonable charge for the transportation. The charge may not exceed the actual expense incurred by the department or sheriff. This charge may be collected from a third party on behalf of the inmate or, if no third party pays, through a deduction from the inmate's trust account."
SECTION 2. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
MICHAEL L. FAIR for Committee.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-220 SO AS TO ESTABLISH A PROCEDURE TO ALLOW AN INMATE WHO IS CONFINED IN A DEPARTMENT OF CORRECTIONS' FACILITY TO ATTEND THE FUNERAL SERVICE OF CERTAIN INDIVIDUALS AND VISIT CERTAIN INDIVIDUALS UNDER CERTAIN CIRCUMSTANCES; AND TO AMEND SECTION 24-3-210, AS AMENDED, RELATING TO FURLOUGHS FOR CERTAIN INMATES, SO AS TO DELETE THE PROVISION THAT ALLOWS AN INMATE TO ATTEND THE FUNERAL OF CERTAIN PERSONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Article 1, Chapter 3, Title 24 of the 1976 Code is amended by adding:
"Section 24-3-220. (A) Notwithstanding another provision of law, when the parent or parent substitute, sibling, spouse, child, grandparent, or grandchild of an inmate housed in a:
(1) minimum security facility becomes seriously ill to the point of imminent death or dies, the inmate must be offered the choice to either attend the person's funeral service or, prior to the person's death, visit the person in the hospital; or
(2) medium or maximum security facility becomes seriously ill to the point of imminent death or dies, the inmate must be offered the choice to either attend the person's funeral service or, prior to the person's death, visit the person in the hospital when the attendance or visit does not compromise security as determined by the Department of Corrections.
(B) The inmate, or a third party on behalf of the inmate, must present verification of the person's relationship to the inmate and either the person's illness or death.
(C) The department shall provide the necessary security and transportation for the inmate. The department also may engage the services of the sheriff of the county in which the inmate is housed to provide the necessary security and transportation for the inmate. The department may collect a reasonable charge for the transportation. The charge may not exceed the actual expense incurred by the department or sheriff. This charge must be collected from a third party on behalf of the inmate or, if no third party pays, through a deduction from the inmate's trust account."
SECTION 2. Section 24-3-210(5) of the 1976 Code, as last amended by Act 477 of 1994, is further amended to read:
"(5) visit or attend the funeral of a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person, though not a natural parent, who has acted in the place of a parent), brother, or sister."
SECTION 3. This act takes effect upon approval by the Governor.
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