H 3403 Session 111 (1995-1996)
H 3403 General Bill, By W.D. Keyserling, A.W. Byrd, Inabinett, Lloyd,
D.E. McTeer, Rhoad, Richardson, Scott, Spearman, Tripp, D.C. Waldrop, Whipper,
J.M. White and Wilder
Similar(S 362)
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.
01/26/95 House Introduced and read first time HJ-12
01/26/95 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-11
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.
Be it enacted by the General Assembly of the State of South
Carolina:
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. The number of full-time jailers or detention officers must
not be decreased because of the institution or expansion of a reserve
force. Each 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 a course of training required by this
article.
Section 24-5-320. No reserve shall assume a jailer or detention
officer function until he has successfully completed a jail
pre-service training program approved by the Department of Public
Safety pursuant to Article 9, Chapter 6, 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, 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. Training which is provided locally or
regionally is subject to review by the South Carolina Law
Enforcement Training Advisory Council and approval by 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 applies 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 and assurance by the director that all 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 each month or thirty hours each
quarter.
No reserve detention officer shall perform a 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 is 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 as required by the Department of Public
Safety pursuant to Article 9, Chapter 6, 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 as
benefits are provided for full-time jailers or detention officers.
For purposes of compensation or benefits arising from
duty-related injury or death, reserves are 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."
SECTION 2. Sections 24-5-10 through 24-5-170 are designated
as Article 1, entitled "General Provisions".
SECTION 3. This act takes effect upon approval by the
Governor.
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