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Indicates Matter Stricken
Indicates New Matter
AMENDED
April 23, 2003
H. 3531
S. Printed 4/23/03--H.
Read the first time February 6, 2003.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE DEPARTMENT OF CORRECTIONS MAY ENTER INTO CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON INDUSTRY SERVICE WORK.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 1, Title 24 of the 1976 Code is amended by adding:
Section 24-1-290. The Director of the Department of Corrections may enter into contracts with private sector entities that allow for inmate labor to be provided for prison industry service work and export work that involves exportation of products. The use of this inmate labor may not result in the displacement of employed workers within the local region in which the work is being performed. Service work is defined as any work such as repair or replacement of original manufactured items, packaging, sorting, recycling, labeling, or similar work that is not original manufacturing. Export work is defined as any work which results in a product that is exported for sale outside the United States which is not involved in interstate commerce. The department may negotiate the wage to be paid for inmate labor provided under prison industry service work contracts, and these wages may be less than the prevailing wage for work of a similar nature in the private sector. However, the Director of the Department of Corrections shall deduct the following from the gross earnings of the inmates engaged in prison industry service work in addition to any other required deductions:
(1) if restitution to a particular victim or victims has been ordered by a court of appropriate jurisdiction, then twenty percent must be used to fulfill the restitution obligation;
(2) if restitution to a particular victim or victims has not been ordered by a court of appropriate jurisdiction, or if court-ordered restitution to a particular victim or victims has been satisfied, then twenty percent must be applied to the South Carolina Victim's Compensation Fund;
(3) ten percent must be retained by the Department of Corrections to defray the cost of the inmate's room and board.
SECTION 2. This act takes effect upon approval by the Governor.
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