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Bill Number: 3642 Ratification Number: 501 Act Number 431 Introducing Body: House Subject: Relating to employment of inmates of the Department of Corrections
(A431, R501, H3642)
AN ACT TO AMEND SECTIONS 24-3-20, CODE OF LAWS OF SOUTH CAROLINA, 1976, AS AMENDED AND 24-3-40, RELATING TO EMPLOYMENT OF INMATES OF THE DEPARTMENT OF CORRECTIONS, SO AS TO AUTHORIZE THE DEPARTMENT TO ESTABLISH A RESTITUTION PROGRAM FOR VICTIMS OF NONVIOLENT PROPERTY OFFENSES.
Be it enacted by the General Assembly of the State of South Carolina:
Department may establish restitution program
Section 1. Section 24-3-20 of the 1976 Code, as last amended by Act 496 of 1976, is further amended by adding:
"(d) The Department of Corrections may establish a Restitution Program for the purpose of allowing persons convicted of nonviolent offenses who are sentenced to the State Department of Corrections to reimburse the victim for the value of the property stolen or damages caused by such offense. In the event that there is no victim involved, the person convicted shall contribute to the administration of the program. The Department of Corrections is authorized to promulgate regulations necessary to administer the program.
(e) In the event that a person is sentenced to not more than seven years and for not more than a second offense for the following offenses: larceny, grand larceny, forgery and counterfeiting, embezzlement, stolen property, damage to property, receiving stolen goods, shoplifting, housebreaking, fraud, vandalism, breach of trust with fraudulent intent, and storebreaking, the judge shall establish at the time of sentencing a maximum amount of property loss which may be used by the South Carolina Department of Corrections in the administration of the restitution program."
Withholding of prisoner's pay
Section 2. Section 24-3-40 of the 1976 Code is amended to read:
"Section 24-3-40. The employer of a prisoner authorized to work at paid employment in the community under Sections 24-3-20 to 24-3-50 shall pay the prisoner's wages directly to the Department of Corrections. The Commissioner of the Department of Corrections is authorized to withhold from the wages such costs incident to the prisoner's confinement as the Board of Corrections shall deem appropriate and reasonable. These withholdings shall be deposited to the maintenance account of the Department of Corrections. The balance of the wages shall, in the discretion of the Board, and in such proportions determined by the Board, be disbursed to the prisoner, the prisoner's dependents, to the victim of the crime, or deposited to the credit of the prisoner."
Section 2A. Should any portion of this act be held unconstitutional or otherwise unenforceable, such portion shall be deemed severable and the remainder of the act shall continue in full force and effect.
Section 3. This act shall take effect upon approval by the Governor.