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Bill Number: 2884 Ratification Number: 266 Act Number 181 Introducing Body: House Subject: Board of Corrections to designate place of confinement
(A181, R266, H2884)
AN ACT TO AMEND SECTIONS 24-3-30 AND 24-9-20, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DESIGNATION OF PLACES OF CONFINEMENT OF PRISONERS BY THE BOARD OF CORRECTIONS AND TO THE JAIL INSPECTION SYSTEM, SO AS TO PROVIDE THAT THE BOARD SHALL NOT BE LIMITED TO THE COUNTY JAIL OR WORK CAMP AS CONFINEMENT FACILITIES AND TO PROVIDE THAT INSPECTION OF JAILS SHALL ALSO INCLUDE FACILITIES HOUSING PRETRIAL DETAINEES.
Be it enacted by the General Assembly of the State of South Carolina:
Board of Corrections to designate place of confinement
Section 1. The first paragraph of Section 24-3-30 of the 1976 Code is amended by adding "but not limited to" after "including" on line eight. The section when amended shall read:
"Section 24-3-30. Notwithstanding the provisions of Section 24-3-10 of the 1976 Code, or any other provision of law, any person convicted of an offense against the State of South Carolina shall be in the custody of the Board of Corrections of the State of South Carolina, and the Board shall designate the place of confinement where the sentence shall be served. The Board may designate as a place of confinement any available, suitable and appropriate institution or facility, including but not limited to a county jail or work camp whether maintained by the State Department of Corrections or otherwise, but the consent of the officials in charge of the county institutions so designated shall be first obtained. Provided, that if imprisonment for three months or less is ordered by the court as the punishment, all persons so convicted shall be placed in the custody, supervision and control of the appropriate officials of the county wherein the sentence was pronounced, if such county has facilities suitable for confinement. Provided, further, that the Department of Corrections shall be notified by the county officials concerned not less than six months prior to the closing of any county prison facility which would result in the transfer of the prisoners of the county facility to facilities of the Department."
Inspection of every facility in State housing prisoners
Section 2. Section 24-9-20 of the 1976 Code, as last amended by Section 1 of Act 419 of 1980, is further 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 facility in this State housing prisoners or pretrial detainees 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."
Section 3. This act shall take effect upon approval by the Governor.