S 723 Session 109 (1991-1992)
S 0723 General Bill, By M.T. Rose
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Article 13
to Chapter 3, Title 24 so as to provide for the Private Corrections
Facilities, Programs, and Services Act allowing a unit of government to
contract with the private sector to perform services currently performed by a
corrections agency or department.
02/28/91 Senate Introduced and read first time SJ-7
02/28/91 Senate Referred to Committee on Corrections and Penology SJ-7
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING ARTICLE 13 TO CHAPTER 3, TITLE 24 SO AS TO
PROVIDE FOR THE PRIVATE CORRECTIONS FACILITIES,
PROGRAMS, AND SERVICES ACT ALLOWING A UNIT OF
GOVERNMENT TO CONTRACT WITH THE PRIVATE SECTOR
TO PERFORM SERVICES CURRENTLY PERFORMED BY A
CORRECTIONS AGENCY OR DEPARTMENT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 24 of the 1976 Code is amended by
adding:
"Article 13
Private Corrections Facilities,
Programs, and Services Act
Section 24-3-2400. This article may be cited as the Private
Corrections Facilities, Programs, and Services Act.
Section 24-3-2410. As used in this article:
(1) `Correctional facility, program, or service' means a facility,
program, or service, including probation and parole, operated or
provided by a nongovernmental agency which:
(a) may provide residential and nonresidential accommodations
and services for offenders, juvenile delinquents, and detainees;
(b) provides programs and services to aid offenders, juvenile
delinquents, and detainees in obtaining and holding regular employment,
in enrolling in and maintaining academic courses, in participating in
vocational training programs, in utilizing the resources of the community
in meeting their personal and family needs, and in participating in
whatever specialized treatment programs exist within the community;
and
(c) provides supervision and surveillance of offenders, juvenile
delinquents, and detainees, as required.
(2) `Detainee' means an adult or juvenile who is held in a
correctional or detention facility pending trial or adjudication.
(3) `Juvenile delinquent' means a juvenile who has been
adjudicated a delinquent or a child in need of supervision by the family
court.
(4) `Nongovernmental agency' means a person or organization
other than a unit of government or agency and includes private profit
organizations.
(5) `Offender' means an adult who has entered a plea of guilty or
has been convicted of a felony or misdemeanor.
(6) `Parole board' means the Board of Probation, Parole and
Pardon Services.
(7) `Unit of local government' means a county, city, or town and
includes the sheriff and the sheriff's department.
Section 24-3-2420. (A) A unit of local government may utilize
nongovernmental correctional facilities, programs, and services
established pursuant to this article necessary to serve its own needs and
those of its courts and its agencies and may enter into contracts or
agreements with nongovernmental agencies for the placement or
supervision of offenders, juvenile delinquents, and detainees in
nongovernmental correctional facilities, programs, or services.
(B) Units of local government shall establish specific procedures
for screening offenders, juvenile delinquents, or detainees who are
placed in nongovernmental correctional facilities, programs, or services
pursuant to this article.
(C) The unit of local government shall review, inspect, and
evaluate all correctional facilities, programs, and services which are
operated or provided by nongovernmental agencies within the county or
unit of local government and which provide accommodation or services
to offenders, juvenile delinquents, and detainees referred only by such
local government, its agencies, or its local courts.
(D) All correctional facilities, programs, and services operated or
provided by nongovernmental agencies shall conform to the guidelines
established pursuant to Section 24-3-2440.
(E) The establishment of a nongovernmental correction facility,
program, or service is subject to approval of the governing body of the
county and the governing body of the city or town in which the proposed
facility or the site of the program is to be located, or by the appropriate
state authority, depending upon which governing body or agency the
facility or service has been designed for. Approval or denial of the
establishment of the facility, program, or service must be made only
after consultation with the Board of Probation, Parole and Pardon
Services and other agencies having responsibility for offenders, juvenile
delinquents, and detainees.
Section 24-3-2430. The Commissioner of the Department of
Corrections or Department of Youth Services, as appropriate, regularly
shall review, monitor, inspect, and evaluate all correctional facilities,
programs, and services operating within the State which are operated or
provided by nongovernmental agencies except correctional facilities,
programs, or services which provide services or accommodations only
to offenders, juvenile delinquents, or detainees referred by units of local
government.
Section 24-3-2440. (A) Every contract for services entered into
pursuant to this article must provide guidelines for the operation of the
nongovernmental correctional facility or program and minimum
standards for the services provided, including:
(1) requirements for strict accountability procedures and
practices for the conduct and supervision of offenders, juvenile
delinquents, and detainees, including requirements for twenty-four hour
supervision of offenders, juvenile delinquents, and detainees in
residential programs;
(2) guidelines for periodic and unscheduled tests to determine
the use of drugs by offenders, juvenile delinquents, and detainees; and
(3) standards regarding health, sanitation, and fire safety.
(B) Before entering into contracts with a nongovernmental
agency, the Department of Corrections or the Department of Youth
Services shall submit the contract and proposed guidelines for the use of
a facility, program, or service to the governing body of an affected unit
of local government for its review and recommendations.
(C) The guidelines and standards required by this section must be
developed pursuant to Section 24-3-2490.
Section 24-3-2450. (A) Subject to subsection (B) after an
adjudication of guilty or delinquency, the sentencing court, as a
condition of probation, may order that the delinquent or offender
participate in a correctional program during all or any part of his term of
probation, provided the court is authorized by law to order probation.
(B) Placement of an offender or juvenile delinquent in a
nongovernmental correctional program under this section may be
ordered by the court only if:
(1) the correctional program is operated by a nongovernmental
agency which has entered into a contract as authorized in Sections
24-3-2440 or 24-3-2480; and
(2) funding for the placement is available.
(C) Before the placement of an offender or juvenile delinquent in
a nongovernmental correctional program, the sentencing judge shall
notify or cause to be notified the law enforcement agencies of affected
units of local government concerning the identity of the offender to be
placed.
(D) The probation officers for the judicial circuit are responsible
for recommendations to the judge for the utilization of a
nongovernmental correctional program which has been approved for
use. The recommendations shall take into account the potential risk
resulting from the placement of the offender into the nongovernmental
correctional program, as well as the aptitude, attitude, social, and
occupational skills of the offender.
(E) Where probation supervision is the responsibility of the courts
in the State, the courts, in accordance with state procurement law, may
contract under this article with nongovernmental agencies to provide
probation supervision services.
Section 24-3-2460. The chief probation or parole officer or officials
of the state, county, or judicial district shall have general supervisory
authority over all offenders, juvenile delinquents, and detainees placed
in a correctional facility, program, or service under this article in
accordance with their existing statutory responsibilities for offenders,
juvenile delinquents, and detainees.
Section 24-3-2470. (A) Subject to subsection (B), the responsible
state agency may place an offender, juvenile delinquent, or detainee in
a correctional facility, program, or service under this article.
(B) A placement under this section may be made only if:
(1) the correctional facility, program, or service is operated
under a contract with the State to provide residential care of offenders,
juvenile delinquents, or detainees; and
(2) funding for the placement is available.
(C) Before the placement of an individual in a nongovernmental
residential facility, the state agency having responsibility for the
offender, juvenile delinquent, or detainee shall notify or cause to be
notified the law enforcement agencies of affected units of local
government concerning the identity of the transferal to be placed.
Section 24-3-2480. Subject to legislative appropriation, the State, in
accordance with state procurement law, may contract under this article
with nongovernmental agencies to operate correctional facilities and
programs to provide correctional services for offenders, juvenile
delinquents, and detainees.
Section 24-3-2490. (A) The State Department of Corrections
shall:
(1) establish minimum facility standards for correctional
facilities operated by a nongovernmental agency receiving funds under
this article;
(2) establish minimum standards for programs and services
provided by a nongovernmental agency receiving funds under this
article;
(3) prescribe accounting and reporting standards for all
nongovernmental agencies operating correctional facilities or providing
correctional programs or services under this article;
(4) establish a per diem rate to be paid program providers
operating correctional facilities under this article which may not exceed
the daily cost of providing the same programs or services at a state or
juvenile institution; and
(5) promulgate regulations reasonably necessary to carry out
the provisions of this article.
(B) The nongovernmental correctional facility, program, and
service standards developed by the State shall take into consideration the
standards of the American Correctional Association and other
appropriate professional accreditation organizations. A
nongovernmental correctional facility, program, or service must not be
approved unless it complies with the most recent standards established
by the American Correctional Association which are appropriate for the
specific type of facility, program, or service.
Section 24-3-2500. (A) An offender, juvenile delinquent, or
detainee is guilty of escape from official detention and, upon conviction,
must be punished as provided by law if, without proper authorization,
he:
(1) fails to remain within the extended limits of his
confinement, or to return within the time prescribed to a
nongovernmental correctional facility to which he was assigned or
transferred; or
(2) being a participant in a program established under the
provisions of this article, he leaves his place of employment or fails or
neglects to return to a nongovernmental correctional facility within the
time prescribed or when specifically ordered to do so.
Section 24-3-2510. The State shall submit an annual report to the
legislature describing the number of nongovernmental correctional
facilities, programs, and services that have been established pursuant to
this article; the number of offenders, juvenile delinquents, and detainees
assigned to those facilities, programs, or services; the extent to which
offenders, juvenile delinquents, and detainees have received and
benefitted from services related to their rehabilitation; and the rate of
success as compared to offenders, juvenile delinquents, and detainees in
government operated correctional facilities, programs, or
services."
SECTION 2. This act takes effect upon approval by the Governor.
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