South Carolina General Assembly
103rd Session, 1979-1980

Bill 3641

                    Current Status

Bill Number:               3641
Ratification Number:       489
Act Number                 419
Introducing Body:          House
Subject:                   Relating to the jail inspection system
                           and enforcement of minimum standards
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A419, R489, H3641)

AN ACT TO AMEND SECTIONS 24-9-20 AND 24-9-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JAIL INSPECTION SYSTEM AND ENFORCEMENT OF MINIMUM STANDARDS THEREOF, SO AS TO PROVIDE FOR INSPECTIONS IN CONJUNCTION WITH THE STATE FIRE MARSHAL AND THE SOUTH CAROLINA ASSOCIATION OF COUNTIES BASED ON APPROPRIATE FIRE CODES AND REGULATIONS.

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

Inspection of penal facilities

Section 1. Section 24-9-20 of the 1976 Code is amended to read:

"Section 24-9-20. The Division shall be responsible for inspecting, in conjunction with a representative of the State Fire Marshal, at least annually every penal facility in this State operated by a state agency, county, municipality, or any other political subdivision, and such inspection shall include all phases of operation and fire safety of the respective facilities. The inspection shall be based on standards established by the South Carolina Association of Counties and adopted by the Board of Corrections, and appropriate fire codes and regulations. The Division and the inspecting fire marshal shall each prepare a written report on the conditions of the inspected facility. Copies of the reports shall be filed with the governing body of the political subdivision having jurisdiction of the facility inspected, the State Fire Marshal, the governing body of the county, and the county legislative delegation in which such facility is located. All reports shall be filed through the Commissioner of the Department of Corrections."

Minimum standards established for confinement facilities

Section 2. Subsection (a) of Section 24-9-30 of the 1976 Code is amended to read:

"(a) If an inspection under this chapter discloses that a local confinement facility does not meet the minimum standards established by the South Carolina Association of Counties and adopted by the Board of Corrections, and the appropriate fire codes and regulations, the Commissioner of the South Carolina Department of Corrections shall notify the governing body of the governmental unit responsible for the local confinement facility. A copy of the written report of the inspection required by this chapter shall also be sent to the resident or presiding judge of the judicial circuit in which the facility is located. The governing body shall promptly meet to consider the inspection report, and the inspection personnel shall appear to advise and consult concerning appropriate corrective action. The governing body shall initiate appropriate corrective action within ninety days or may voluntarily close the local confinement facility or objectionable portion thereof."

Time effective

Section 3. This act shall take effect upon approval by the Governor.