H 4063 General Bill, By J.H. Neal, Breeland, J. Brown, Clyburn, Cobb-Hunter, 
Hosey, Howard, Mack and Snow
 A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION
 24-3-5 SO AS TO PROVIDE THAT THE STATE, A COUNTY, OR A MUNICIPALITY WITHIN
 THIS STATE MAY NOT AUTHORIZE THE CONSTRUCTION OR ESTABLISHMENT OF A PRIVATE
 CORRECTIONAL FACILITY IN THIS STATE OR CONTRACT WITH A PRIVATE CONTRACTOR OR
 PRIVATE VENDOR FOR THE PROVISION OF SERVICES RELATED TO THE OPERATION OF AN
 ADULT OR JUVENILE CORRECTIONAL FACILITY IN THIS STATE, AND TO PROHIBIT CERTAIN
 ACTIONS RELATING TO THE PRIVATIZATION OF ADULT OR JUVENILE CORRECTIONAL
 FACILITIES IN THIS STATE.

   04/24/03  House  Introduced and read first time HJ-13
   04/24/03  House  Referred to Committee on Judiciary HJ-13

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-3-5 SO AS TO PROVIDE THAT THE STATE, A COUNTY, OR A MUNICIPALITY WITHIN THIS STATE MAY NOT AUTHORIZE THE CONSTRUCTION OR ESTABLISHMENT OF A PRIVATE CORRECTIONAL FACILITY IN THIS STATE OR CONTRACT WITH A PRIVATE CONTRACTOR OR PRIVATE VENDOR FOR THE PROVISION OF SERVICES RELATED TO THE OPERATION OF AN ADULT OR JUVENILE CORRECTIONAL FACILITY IN THIS STATE, AND TO PROHIBIT CERTAIN ACTIONS RELATING TO THE PRIVATIZATION OF ADULT OR JUVENILE CORRECTIONAL FACILITIES IN THIS STATE.

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:

"Section 24-3-5.    Notwithstanding another provision of law:

(1)    the State, a county, or a municipality within this State may not authorize the construction or establishment of a private correctional facility in this State or contract with a private contractor or private vendor for the provision of services related to the operation of an adult or juvenile correctional facility in this State.

(2)    A person charged or convicted in another state or in a federal court in another state may not be confined in a private correctional facility in this State.

(3)    A person charged or convicted in this State must be housed in a correctional facility in the State.

(4)    An individual, corporation, partnership, association, or other private organization or entity may not lease or own a private correctional facility in this State."

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