Current Status Bill Number:4454 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960117 Primary Sponsor:Martin All Sponsors:Martin Drafted Document Number:PFM\7803AC.96 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Jail and Prison Inspection Program
Body Date Action Description Com Leg Involved
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House 19960117 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND TITLE 24, CHAPTER 9, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JAIL AND PRISON INSPECTION PROGRAMS, SO AS TO TRANSFER RESPONSIBILITIES UNDER THIS CHAPTER FROM THE DEPARTMENT OF CORRECTIONS TO THE STATE BUDGET AND CONTROL BOARD; TO PROVIDE THAT THE JAIL AND PRISON INSPECTION DIVISION SHALL SERVE AS A RESOURCE, INFORMATION, AND TECHNICAL ASSISTANCE CENTER FOR CONFINEMENT FACILITIES; AND TO ESTABLISH PROCEDURES FOR DEVELOPING AND ENFORCING MINIMUM STANDARDS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 24, Chapter 9 of the 1976 Code is amended to read:
Section 24-9-10. There is hereby established a Jail and Prison Inspection Division under the jurisdiction of the Department of Corrections State Budget and Control Board. The inspectors Director of the Jail and Prison Inspection Division and such other personnel as may be provided for the division shall must be selected by the Executive Director of the department State Budget and Control Board.
Section 24-9-15. The division shall serve as a repository of information on confinement facilities within the State for all levels of government, including privately operated residential facilities which may house persons who are under preadjudicatory or postadjudicatory court jurisdiction. The division may require reports from confinement and residential facilities in a format and with a frequency prescribed by the division. The division shall function as a resource for all matters of public and general interest on confinement and residential facilities and related matters. The division shall offer technical assistance and support to all parties with a legal or professional interest in the improvement of confinement and residential facilities and programs within the State and may seek, receive, administer, and direct services and funding in accordance with State Budget and Control Board policies from available and appropriate sources for the benefit of state or local government. The division shall assist the Executive Director of the State Budget and Control Board in evaluating and determining the liability, risk, and exposure of all confinement and residential facilities and related operations which are included to any extent under insurance coverage through funds, policies, or services provided by or through the State or which otherwise may impact the full faith and credit of the State or a political subdivision of the State.
Section 24-9-20. (A) The division shall be is responsible for inspecting, in conjunction with a representative of the State Fire Marshal, at least annually every facility in this State housing prisoners or, pretrial detainees, or other persons who are under preadjudicatory or postadjudicatory court jurisdiction or otherwise under criminal justice sanction in a residential setting which is operated by or for a state agency, county, municipality, or any other political subdivision, and such the inspections shall include all phases of operation, fire safety, and health and sanitation conditions at the respective facilities. Food service operations of the facilities must be inspected at least annually by an employee of the Department of Health and Environmental Control.
(B) The inspections of local confinement and residential facilities shall must be based on standards established by the South Carolina Association of Counties and the Municipal Association of South Carolina and adopted by the Department of Corrections State Budget and Control Board, and on appropriate fire and health codes and regulations. The division, the inspecting fire marshal, and the food service inspector of the Department of Health and Environmental Control each shall each prepare a written report on the conditions of the inspected facility. Copies of the reports shall must be filed with the governing body of the political subdivision having jurisdiction of the facility inspected, the governing body of each political subdivision involved in a multi-jurisdictional facility, the State Fire Marshal with respect to the fire safety inspection, the Department of Health and Environmental Control with respect to the food service inspection, and the county legislative delegation in which such the facility is located. All reports shall must be filed through the Director of the Department of Corrections Jail and Prison Inspection Division.
(C) The inspections of state confinement and residential facilities must be based on standards established by the Corrections and Penology Committee of the Senate and the Medical, Military, Public and Municipal Affairs Committee of the House of Representatives and adopted by the State Budget and Control Board and on appropriate fire and health codes and regulations. The division, the inspecting fire marshal, and the food service inspector of the Department of Health and Environmental Control each shall prepare a written report on the conditions of the inspected facility. Copies of the reports must be filed with the Governor, the General Assembly, the State Fire Marshal with respect to the fire safety inspection, the Department of Health and Environmental Control with respect to the food service inspection, and the agency head responsible for the operation and management of the facility. All reports must be filed through the Director of the Jail and Prison Inspection Division.
Section 24-9-25. (A) If an inspection under this chapter discloses that a state confinement or residential facility does not meet the standards established by the Corrections and Penology Committee of the Senate and the Medical, Military, Public and Municipal Affairs Committee of the House of Representatives and adopted by the State Budget and Control Board and the appropriate fire and health codes and regulations, the Director of the Jail and Prison Inspection Division shall notify the Finance Committee of the Senate and the Ways and Means Committee of the House of Representatives. The agency head responsible for the operation and management of the facility shall advise the Finance Committee of the Senate and the Ways and Means Committee of the House of Representatives of funding needed to eliminate deficiencies, and inspection personnel shall appear, if requested, to advise and consult concerning appropriate corrective action.
(B) If the agency head responsible for the operation and management of the facility fails to initiate corrective action within ninety days after receipt of the reports of inspections or fails to correct the disclosed conditions, the Executive Director of the State Budget and Control Board may order that the state confinement or residential facility or the objectionable portion of the facility be closed at the time the order may designate. However, if the Executive Director of the State Budget and Control Board determines that the public interest is served by permitting the facility to remain open, the executive director may stipulate actions to avoid or delay closing the facility. The agency head responsible for the operation and management of the facility and the chief circuit court judge for administrative purposes of the judicial circuit in which the facility is located must be notified by registered mail of the executive director's order closing a state confinement or residential facility.
(C) The agency head responsible for the operation and management of the facility may appeal the executive director's order to the circuit court in the judicial circuit in which the facility is located. Notice of the intention to appeal must be given by registered mail to the Executive Director of the State Budget and Control Board and to the circuit court within fifteen days after receipt of the executive director's order. The right of appeal is waived if notice is not given in accordance with this section.
(D) The appeal must be heard before the circuit court which shall give reasonable notice of the date, time, and place of the hearing to the Executive Director of the State Budget and Control Board and the agency head responsible for the facility. The hearing must be conducted without a jury in accordance with the South Carolina Rules of Civil Procedure. The Director of the Jail and Prison Inspection Division, the agency head responsible for the operation and management of the facility, other responsible officials from the executive and legislative branches, and fire and health inspection personnel may be present at the hearing and present evidence which the court considers appropriate to determine whether the state confinement or residential facility met the required minimum standards and appropriate fire and health codes and regulations on the date of the last inspection. The court may affirm, reverse, or modify the executive director's order.
Section 24-9-30. (a)(A) If an inspection under this chapter discloses that a local confinement or residential facility does not meet the minimum standards established by the South Carolina Association of Counties and the Municipal Association of South Carolina and adopted by the Department of Corrections State Budget and Control Board, and the appropriate fire and health codes and regulations, the Director of the South Carolina Department of Corrections Jail and Prison Inspection Division shall notify the governing body of the political subdivision responsible for the local confinement or residential facility. A copy of the written reports of the inspections required by this chapter shall also must be sent to the resident or presiding judge chief circuit court judge for administrative purposes of the judicial circuit in which the facility is located. The governing body shall promptly shall meet to consider the inspection reports, and the inspection personnel shall appear, if requested, to advise and consult concerning appropriate corrective action. The governing body shall initiate appropriate corrective action within ninety days or may voluntarily may close the local confinement or residential facility or the objectionable portion thereof of the facility.
(b)(B) If the governing body fails to initiate corrective action within ninety days after receipt of the reports of the inspections, or fails to correct the disclosed conditions, the Executive Director of the South Carolina Department of Corrections State Budget and Control Board may order that the local confinement or residential facility, or the objectionable portion thereof of the facility, be closed at such the time as the order may designate. However, if the Executive Director of the State Budget and Control Board determines that the public interest is served by permitting the facility to remain open, he the executive director may stipulate actions to avoid or delay closing the facility. The governing body and the resident or presiding judge chief circuit court judge for administrative purposes of the judicial circuit in which the facility is located shall must be notified by registered mail of the executive director's order closing a local confinement or residential facility.
(c)(C) The governing body shall have the right to may appeal the executive director's order to the resident or presiding judge circuit court of the judicial circuit in which the facility is located. Notice of the intention to appeal shall must be given by registered mail to the Executive Director of the South Carolina Department of Corrections State Budget and Control Board and to the resident or presiding judge circuit court within fifteen days after receipt of the executive director's order. The right of appeal shall be deemed is waived if notice is not given as herein provided in accordance with this section.
(d)(D) The appeal shall must be heard before the resident or presiding judge of the circuit court which who shall give reasonable notice of the date, time, and place of the hearing to the Executive Director of the South Carolina Department of Corrections State Budget and Control Board and the governing body concerned. The hearing shall must be conducted without a jury in accordance with the rules and procedures of the Circuit Court South Carolina Rules of Civil Procedure. The Department of Corrections Director of the Jail and Prison Inspection Division, the governing body concerned, other responsible local officials, and fire and health inspection personnel shall have a right to may be present at the hearing and present evidence which the court deems considers appropriate to determine whether the local confinement or residential facility met the required minimum standards and appropriate fire and health codes and regulations on the date of the last inspection. The court may affirm, reverse, or modify the executive director's order.
Section 24-9-35. (A) If any a person dies while being incarcerated in, assigned to, under the jurisdiction of, or within the technical authority of any a municipal, or county, or multijurisdictional holding cell, overnight lockup, or jail, county prison camp, or state correctional facility, or any other confinement or residential facility, the jailer or any other person physically in charge of the facility at the time death occurs shall immediately shall notify the coroner of the county in which the institution facility is located. The jailer or other person in charge shall also shall report the death and circumstances surrounding it the death within seventy-two hours to the Jail and Prison Inspection Division of the Department of Corrections State Budget and Control Board. The division shall retain a permanent record of such these reports. Reports shall must be made on forms prescribed by the division.
(B) Any A person who knowingly and willfully violating violates the provisions of this section shall be deemed subsection (A) is guilty of a misdemeanor and, upon conviction, shall must be fined not more than one hundred dollars.
Section 24-9-40. In order to certify compliance with minimum design standards, the Jail and Prison Inspection Division of the Department of Corrections shall State Budget and Control Board must be provided with architectural plans before construction of any a state or local confinement or residential facility. Further, the Jail and Prison Inspection Division shall must be notified not less than fifteen sixty days prior to before the scheduled opening of any a state or local prison confinement or residential facility so that inspections and reports may be made. Ninety days prior to before the closing of any a state or local prison confinement or residential facility, the division shall must be notified by the officials concerned.
Section 24-9-45. (A) The minimum standards for local detention facilities in South Carolina which are in effect July 1, 1996, continue in effect until and unless they are amended through the provisions outlined in this chapter for the development, approval, and adoption of new or additional standards.
(B) Until any specific state standards are developed, approved, and adopted, the latest edition of relevant standards published by the American Correctional Association are considered the official state standards for the purposes of this chapter."
SECTION 2. This act takes effect July 1, 1996.