Committee Report

May 3, 2023

H. 4002

 

Introduced by Reps G. M. Smith, W. Newton, Hiott, Davis, B. Newton, Erickson, Bannister, Haddon, Sandifer, Thayer, Carter and Robbins

 

S. Printed 05/03/23--H.

Read the first time February 21, 2023

 

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The committee on House Judiciary

To who was referred a Bill (H.4002) to amend the South Carolina Code of Laws by adding Section 24-3-980 so as to provide it is unlawful for an inmate under the jurisdiction of the Department of Corrections, 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, SECTION 1, by striking Section 24-3-980 and inserting:

    Section 24-3-980. It is unlawful for an inmate under the jurisdiction of the Department of Corrections to possess a telecommunication device unless authorized to do so by the director. For purposes of this section a "telecommunication device" means a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person inside or outside of a place of incarceration. Such devices include, but are not limited to, portable two-way pagers, handheld radios, cellular telephones, personal digital assistants or PDAs, laptop computers, or any components of these devices. "Telecommunication device" also includes any new technology that is developed or used for similar purposes. A person violating the provisions of this section is guilty of a felony and, upon conviction, must be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisoned for not less than one year nor more than ten years, or both. This provision also applies to county detention centers and jails.

Renumber sections to conform.

Amend title to conform.

 

WESTON NEWTON for Committee.

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill makes it unlawful for an inmate of SCDC to possess a telecommunications device unless authorized to do so by the agency director.  This felony offense is punishable by a fine of not less than $1,000 nor more than $10,000 or imprisonment for not less than one year nor more than ten years, or both.

For reference, charge 898 of SCDC's Inmate Disciplinary System Policy OP 22.14 prohibits the possession, receipt, or use of cellular phones, or other communications equipment.  SCDC reports that in 2021 there were 1,970 violations for possession of a telecommunications device by an SCDC inmate.  In 2022, the number of violations was 1,827, and as of April 4, 2023, there have been 1,569 violations. 

Judicial reports that implementation of the bill may result in an increase in general sessions court caseloads, which can be managed using existing staff and appropriations.  Therefore, the bill will result in no expenditure impact for Judicial.  Also, the Commission on Prosecution Coordination and Commission on Indigent Defense report that the bill will have no expenditure impact since these agencies will manage any additional responsibilities resulting from the bill with existing staff and resources.  Further, SCDC anticipates this bill may modify how long an inmate may be incarcerated.  According to SCDC, in FY 2021-22, the annual total cost per inmate was $32,247, of which $30,044 was state funded, and the marginal cost per inmate was $4,836, of which $4,830 was state funded.  However, SCDC anticipates being able to manage any additional expenses within existing appropriations.

State Revenue

This bill makes it unlawful for an inmate of SCDC to possess a telecommunications device unless authorized to do so by the agency director.  This felony offense is punishable by a fine of not less than $1,000 nor more than $10,000 or imprisonment for not less than one year nor more than ten years, or both.  Court fines and fees are distributed to the General Fund, Other Funds, and local governments.  As such, this bill has the potential to increase local revenue due to the potential increase in court fines.  However, as the total amount of fines that may be levied in a given year is unknown, the impact on the General Fund and Other Funds revenue is undetermined.

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 24-3-980 so as to provide it is unlawful for an inmate under the jurisdiction of the department of corrections to possess telecommunication devices unless authorized by the director, to define the term "telecommunication device", and to provide penalties.

 

Be it enacted by the General Assembly of the State of South Carolina:

 

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

 

    Section 24-3-980. It is unlawful for an inmate under the jurisdiction of the Department of Corrections to possess a telecommunication device unless authorized to do so by the director. For purposes of this section a "telecommunication device" means a device, an apparatus associated with a device, or a component of a device that enables, or may be used to enable, communication with a person inside or outside of a place of incarceration. Such devices include, but are not limited to, portable two-way pagers, handheld radios, cellular telephones, personal digital assistants or PDAs, laptop computers, or any components of these devices. "Telecommunication device" also includes any new technology that is developed or used for similar purposes. A person violating the provisions of this section is guilty of a felony and, upon conviction, must be punished by a fine of not less than one thousand dollars nor more than ten thousand dollars or imprisoned for not less than one year nor more than ten years, or both.

 

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

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