A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 24-3-230 SO AS TO PROVIDE FOR THE COMPENSATION OF CERTAIN INMATES; BY AMENDING SECTION 24-1-295, RELATING TO INMATES EMPLOYED FOR WORK INVOLVING EXPORTATION OF PRODUCTS, SO AS TO PROVIDE INMATES MAY NOT BE COMPENSATED LESS THAN AN HOURLY RATE EQUAL TO THE FEDERAL MINIMUM WAGE; BY AMENDING SECTION 24-3-20, RELATING TO CONVICTED PERSONS, CUSTODY, PLACE OF CONFINEMENT, WORK RELEASE AND TRAINING PROGRAMS, LITTER REMOVAL, AND RESTITUTION PROGRAMS, SO AS TO PROVIDE INMATES MAY NOT BE COMPENSATED LESS THAN AN HOURLY RATE EQUAL TO THE FEDERAL MINIMUM WAGE; BY AMENDING SECTION 24-3-27, RELATING TO LOCAL REGIONAL CORRECTIONAL FACILITIES AND EMPLOYMENT OF INMATES, SO AS TO PROVIDE INMATES MAY BE COMPENSATED LESS THAN THE PREVAILING WAGE FOR WORK OF A SIMILAR NATURE IN THE PRIVATE SECTOR, BUT NOT LESS THAN AN HOURLY RATE EQUAL TO THE FEDERAL MINIMUM WAGE; AND BY AMENDING SECTION 24-3-30, RELATING TO PLACES OF INMATE CONFINEMENT, SO AS TO PROVIDE INMATES MAY BE COMPENSATED LESS THAN THE PREVAILING WAGE FOR WORK OF A SIMILAR NATURE IN THE PRIVATE SECTOR, BUT NOT LESS THAN AN HOURLY RATE EQUAL TO THE FEDERAL MINIMUM WAGE.

 

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

 

SECTION 1.  Article 1, Chapter 3, Title 24 of the S.C. Code is amended by adding:

 

    Section 24-3-230.  Notwithstanding another provision of law to the contrary, an inmate incarcerated in a Department of Corrections facility or a local detention facility not subject to the provisions contained in Sections 24-1-295, 24-3-20(B), 24-3-27(B), 24-3-30(C), or 24-3-430(D) may not be compensated for less than an hourly rate equal to the federal minimum wage for work performed while incarcerated.

 

SECTION 2.  Section 24-1-295 of the S.C. Code is amended to read:

 

    Section 24-1-295.  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 and export work that involves exportation of products. 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 export work contracts, and these wages may be less than the prevailing wage for work of a similar nature in the private sector, but may not be less than an hourly rate equal to the federal minimum wage. 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 the court-ordered restitution to a particular victim or victims has been satisfied, then twenty percent must be applied to the South Carolina Victim Compensation Fund.

    (3) Thirty-five percent must be used to pay the prisoner's child support obligations pursuant to law, court order, or agreement of the prisoner. These child support monies must be disbursed to the guardian of the child or children or to appropriate clerks of court, in the case of court ordered child support, for application toward payment of child support obligations, whichever is appropriate. If there are no child support obligations, then twenty-five percent must be used by the Department of Corrections to defray the cost of the prisoner's room and board. Furthermore, if there are no child support obligations, then ten percent must be made available to the inmate during his incarceration for the purchase of incidentals pursuant to item (4). This is in addition to the ten percent used for the same purpose in item (4).

    (4) Ten percent must be made available to the inmate during his incarceration for the purchase of incidentals. Any monies made available to the inmate for the purchase of incidentals also may be distributed to the person or persons of the inmate's choice.

    (5) Ten percent must be held in an interest bearinginterest-bearing escrow account for the benefit of the prisoner.

    (6) The remaining balance must be used to pay federal and state taxes required by law. Any monies not used to satisfy federal and state taxes must be made available to the inmate for the purchase of incidentals pursuant to item (4).

 

SECTION 3.  Section 24-3-20(B) of the S.C. Code is amended to read:

 

    (B) When the director determines that the character and attitude of a prisoner reasonably indicates that he may be trusted, he may extend the limits of the place of confinement of the prisoner by authorizing him to work at paid employment or participate in a training program in the community on a voluntary basis while continuing as a prisoner, if the director determines that:

       (1) the paid employment will not result in the displacement of employed workers, nor be applied in skills, crafts, or trades in which there is surplus of available gainful labor in the locality, nor impair existing contracts for services; and

       (2) the rates of pay and other conditions of employment will both:

           (a) not be less than those paid and provided for work of similar nature in the locality in which the work is to be performed; and

           (b) not be less than an hourly rate equal to the federal minimum wage.

       The department shall notify victims registered pursuant to Article 15, Chapter 3, Title 16 and the trial judge, solicitor, and sheriff of the county or the law enforcement agency of the jurisdiction where the offense occurred before releasing inmates on work release. However, the trial judge may waive his right to receive the notification contained in this section by notifying the department of this waiver in writing. The department has the authority to deny release based upon opinions received from these persons, if any, as to the suitability of the release.

       A prisoner's place of confinement may not be extended as permitted by this subsection if the prisoner:

           (a) is currently serving a sentence for or has a prior conviction for criminal sexual conduct in the first, second, or third degree; attempted criminal sexual conduct;  assault with intent to commit criminal sexual conduct; criminal sexual conduct when the victim is his legal spouse; criminal sexual conduct with a minor;  engaging a child for sexual performance; spousal sexual battery; a harassment or stalking offense pursuant to Article 17, Chapter 3, Title 16, or a burglary offense pursuant to Section 16-11-311 or 16-11-312(B); or

           (b) is currently serving a sentence for a violent offense as defined in Section 16-1-60, except that a prisoner serving a sentence for kidnapping, pursuant to Section 16-3-910, voluntary manslaughter, pursuant to Section 16-3-50, armed robbery, pursuant to Section 16-11-330(A), attempted armed robbery, pursuant to Section 16-11-330(B), burglary in the second degree, pursuant to Section 16-11-312(B), or carjacking, pursuant to Section 16-3-1075 may be eligible to participate in the work release programs so long as the prisoner is within three years from the date of his release from incarceration, and the prisoner is not serving a sentence involving criminal sexual conduct or other violent crime, as classified under Section 16-1-60.

       (3) A prisoner who is serving a sentence for a "no parole offense" as defined in Section 24-13-100 and who is otherwise eligible for work release shall not have his place of confinement extended until he has served the minimum period of incarceration as set forth in Section 24-13-125.

 

SECTION 4.  Section 24-3-27(B) of the S.C. Code is amended to read:

 

    (B) Every sentenced person committed to a local regional correctional facility constructed or operated pursuant to this section, unless disqualified by sickness or otherwise, must be kept at some useful employment suited to his age and capacity and which may tend to promote the best interest of the citizens of this State. The wages paid for such employment may be less than the prevailing wage for work of a similar nature in the private sector, but not less than an hourly rate equal to the federal minimum wage. In all cases, the decision to assign work, or disqualify a person from work, or both, is the sole discretion of the official in charge of the facility, and in all cases, no person has a basis to challenge this decision.

 

SECTION 5.  Section 24-3-30(C) of the S.C. Code is amended to read:

 

    (C) Each county or municipal administrator, or the equivalent, having charge of any local detention facilities, upon the department's designating the local facilities as the place of confinement for a prisoner, may use the prisoner assigned to them for the purpose of working the roads of the entity or for other public work. The wages paid for such work may be less than the prevailing wage for work of a similar nature in the private sector, but not less than an hourly rate equal to the federal minimum wage. A prisoner assigned to the county must be under the custody and control of the administrator or the equivalent during the period to be specified by the director at the time of the prisoner's assignment, but the assignment must be terminated at any time the director determines that the place of confinement is unsuitable or inappropriate, or that the prisoner is employed on other than public works. If, upon termination of the assignment, the prisoner is not returned, habeas corpus lies. At the expiration or termination of a contract with a nongovernmental agency, all prisoners must be returned to the department or to the legally responsible entity of local government. If a prisoner is not returned by a nongovernmental entity when directed, then habeas corpus lies.

 

SECTION 6.  This act takes effect upon approval by the Governor.

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