S*362 Session 111 (1995-1996)
S*0362(Rat #0101, Act #0062 of 1995) General Bill, By Cork, Elliott, Lander and
Washington
Similar(H 3403)
A Bill to amend Chapter 5 of Title 24, Code of Laws of South Carolina, 1976,
by adding Article 3, so as to create a reserve detention officer program, and
to designate Sections 24-5-10 through 24-5-170 as Article 1, Chapter 5 of
Title 24, entitled "General Provisions".-amended title
01/17/95 Senate Introduced and read first time SJ-9
01/17/95 Senate Referred to Committee on Corrections and Penology SJ-9
03/14/95 Senate Committee report: Favorable with amendment
Corrections and Penology SJ-134
03/15/95 Senate Amended SJ-26
03/15/95 Senate Read second time SJ-26
03/22/95 Senate Read third time and sent to House SJ-10
03/23/95 House Introduced and read first time HJ-8
03/23/95 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-8
05/18/95 House Committee report: Favorable Medical, Military,
Public and Municipal Affairs HJ-38
05/24/95 House Objection by Rep. Cooper HJ-25
05/24/95 House Read second time HJ-25
05/25/95 House Read third time and enrolled HJ-7
06/06/95 Ratified R 101
06/13/95 Became law without Governor's signature
06/13/95 Effective date 06/13/95
08/10/95 Copies available
08/10/95 Act No. 62
(A62, R101, S362)
AN ACT TO AMEND CHAPTER 5 OF TITLE 24, CODE OF
LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 3 SO
AS TO CREATE A RESERVE DETENTION OFFICER PROGRAM
AND TO DESIGNATE SECTIONS 24-5-10 THROUGH 24-5-170 AS
ARTICLE 1, CHAPTER 5 OF TITLE 24, ENTITLED
"GENERAL PROVISIONS".
Be it enacted by the General Assembly of the State of South
Carolina:
Reserve Detention Officer Program
SECTION 1. Chapter 5, Title 24 of the 1976 Code is amended by
adding:
" Article 3
Reserve Detention Officers
Section 24-5-300. For the purposes of this article :
(1) `Reserve detention officer' means a person assigned part-time
jailer or detention officer duties without being regularly assigned to
full-time jailer or detention officer duties and who serves in that capacity
without compensation.
(2) `Director' means the detention director, jail administrator, or other
manager employed for the operation of a county, municipal, or
multi-jurisdictional local detention facility.
(3) `Responsible authority' means the sheriff, county administrator,
mayor, city manager, or other appropriate official who has legal
responsibility for the management of a local detention facility within a
particular jurisdiction.
Section 24-5-310. The director, in his discretion, may appoint the
number of reserve detention officers approved by the responsible
authority, but not exceeding the number of regular full-time jailers or
detention officers funded and employed at the facility, if participation in
the reserve detention officer program has been approved by the
governing body having jurisdiction over the detention facility. The
number of full-time jailers or detention officers must not be decreased
because of the institution or expansion of a reserve force. Each period of
time a reserve serves must be determined and specified by the director in
writing. The powers and duties of a reserve are subject to the provisions
of this article and must be prescribed by the director and approved by the
responsible authority.
A reserve is subject to removal by the director at any time. A
criminal history inquiry and other appropriate background inquiry must
be conducted on an applicant before his selection as a reserve.
Before assuming his duties, a reserve must:
(1) take the oath of office required by law;
(2) be bonded in an amount determined by the governing body of the
county, municipality, or other political entity and which must be not less
than one thousand five hundred dollars; and
(3) successfully complete the course of training required by this
article .
Section 24-5-320. No reserve shall assume a jailer or detention officer
function until he has completed successfully a jail pre-service training
program approved by the Department of Public Safety pursuant to Article
9, Chapter 6 of Title 23, and passed a comprehensive test prepared by the
South Carolina Criminal Justice Academy and administered by the
director of the local detention facility. Within one year of appointment, a
reserve must successfully complete a jail operations training program
promulgated by the Department of Public Safety pursuant to Article 9,
Chapter 6 of Title 23 in order to be eligible for continuation as a reserve.
A reserve who serves more than one year must complete the same annual
in-service training requirements as regular full-time jailers or detention
officers. All training which is provided locally or regionally is subject to
review by the South Carolina Law Enforcement Training Advisory
Council and approval of the South Carolina Department of Public
Safety.
Section 24-5-330. Before final acceptance as a reserve, a candidate, at
his own expense or through the offices of the doctor of his political
entity, shall submit to the director a summary of the results of a current
physical examination for the satisfaction of the director concerning
physical competence and capability. Other minimum selection standards
recognized by law as applicable to full-time jailers or detention officers
also shall apply to reserves.
Section 24-5-340. Additional requirements beyond those set out in this
article may be imposed by the local political entity through the
responsible authority.
Upon request by the director and assurance by the director that
minimum requirements have been met, identification cards registering a
reserve's status may be issued by the Department of Public Safety.
Section 24-5-350. A reserve shall serve and function as a jailer or
detention officer only on specific orders and directions of the director.
To maintain status, a reserve shall perform a minimum logged service
time of ten hours a month or thirty hours a quarter.
No reserve detention officer shall perform any jailer or detention
officer duties except under the direct supervision of a full-time jailer or
detention officer. A reserve shall not assume full-time duties of jailers or
detention officers without complying with the requirements for full-time
jailers and detention officers.
A department utilizing reserves shall have at least one full-time officer
as a coordinator-supervisor who must be responsible directly to the
director.
Section 24-5-360. A reserve who has been in active status for at least
two years and desires to become a full-time jailer or detention officer,
upon application of his director to the Department of Public Safety and
upon completion of other existing requirements, may be accepted at the
South Carolina Criminal Justice Academy for additional hours of training
required by the Department of Public Safety pursuant to Article 9,
Chapter 6 of Title 23.
Section 24-5-370. A currently certified full-time jailer or detention
officer who leaves his position under honorable conditions within twelve
months, at the request of his director and with the concurrence of the
Department of Public Safety, may be issued a registration card
identifying him as a member of the reserve if the use of reserve detention
officers has been approved by the responsible authority. The officer is
not required to undergo the preliminary training for reserves but is
required to have a current physical exam and to continue the same annual
in-service training requirements as regular full-time jailers or detention
officers.
Section 24-5-380. The uniforms and equipment issued by the political
entity shall remain the property of the entity but, in the discretion of the
director, may be entrusted to the care and control of the reserve. A
reserve shall wear a uniform which will identify him as a jailer or
detention officer. Handguns, if issued, must be of a caliber approved by
the responsible authority.
Section 24-5-390. Workers' Compensation benefits may be provided
for reserves by the governing body in the same manner benefits are
provided for full-time jailers or detention officers.
For purposes of compensation or benefits arising from duty-related
injury or death, reserves must be considered employees of the political
entities for which they were appointed and must be included with regular
duty jailers or detention officers in the assigned responsibility for
prevention, suppression, and control of crime."
General provisions
SECTION 2. Sections 24-5-10 through 24-5-170 are designated as
Article 1, entitled "General Provisions".
Time effective
SECTION 3. This act takes effect upon approval by the Governor.
Became law without the signature of the Governor -- 6/13/95. |