South Carolina General Assembly
116th Session, 2005-2006

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S. 173

STATUS INFORMATION

General Bill
Sponsors: Senators Leventis and Ford
Document Path: l:\council\bills\gjk\20042sd05.doc
Companion/Similar bill(s): 258, 3523

Introduced in the Senate on January 11, 2005
Currently residing in the Senate

Summary: Director of the Department of Corrections may enter into contracts with private sector entities

HISTORY OF LEGISLATIVE ACTIONS 

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
  12/15/2004  Senate  Prefiled
  12/15/2004  Senate  Referred to Committee on Corrections and Penology
   1/11/2005  Senate  Introduced and read first time SJ-164
   1/11/2005  Senate  Referred to Committee on Corrections and Penology SJ-164
   2/21/2006  Senate  Committee report: Majority favorable with amend., 
                        minority unfavorable Corrections and Penology SJ-22
   2/22/2006          Scrivener's error corrected

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/15/2004
2/21/2006
2/22/2006

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

February 21, 2006

S. 173

Introduced by Senators Leventis and Ford

S. Printed 2/21/06--S.    [SEC 2/22/06 1:14 PM]

Read the first time January 11, 2005.

            

THE COMMITTEE ON CORRECTIONS AND PENOLOGY

To whom was referred a Bill (S. 173) 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, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking all after the enacting words and inserting:

/    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 inmate labor to be provided for prison industry service work. The use of inmate labor may not result in the displacement of employed workers within the local region in which work is being performed. Pursuant to this section, service work is defined as any work that includes repair, replacement of original manufactured items, packaging, sorting, recycling, labeling, or similar work that is not original equipment manufacturing. 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."

SECTION    2.    Chapter 1, Title 24 of the 1976 Code is amended by adding:

"Section 24-1-285.    The Department of Corrections, in conjunction with the Department of Commerce, shall develop and maintain a marketing plan to attract private sector businesses for the employment of inmates through the prison industries program. The marketing plan must include, but not be limited to, provisions of public advertising to establish a prison-based industry and a certification by the Department of Commerce that each new contract does not create an unfair competitive wage disadvantage to the local economy. The negotiation of new contracts and the renewal of existing contracts with private sector entities must be consummated in accordance with procedures established jointly by the Department of Commerce and the Department of Corrections. The procedures must be drafted to ensure fairness and consistency in establishing contracts with private sector entities seeking to establish or continue prison-based operations whenever the wage to be paid is less than the federally established minimum wage. The marketing plan and the procedures for negotiating new contracts and contract renewals must be submitted to and approved by the Budget and Control Board prior to implementation. The Department of Corrections shall annually submit an audit report of the program to the Senate Corrections and Penology Committee and the House Medical, Military, Public and Municipal Affairs Committee. The provisions of the section may not be construed to apply to traditional prison industries as authorized in Section 24-3-320."

SECTION    3.    Chapter 1, Title 24 of the 1976 Code is amended by adding:

"Section 24-1-290.    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 Victims' 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    4.    This act takes effect upon approval by the Governor. /

Renumber sections to conform.

Amend title to conform.

Majority favorable.    Minority unfavorable.

MICHAEL L. FAIR    CLEMENTA C. PINCKNEY

For Majority.    For Minority.

            

A BILL

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.

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 inmate labor to be provided for prison industry service work. The use of inmate labor may not result in the displacement of employed workers within the local region in which work is being performed. Pursuant to this section, service work is defined as any work that includes repair, replacement of original manufactured items, packaging, sorting, recycling, labeling, or similar work that is not original equipment manufacturing. 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."

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

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