Current StatusView additional legislative information at the LPITS web site.Bill Number: 258 Ratification Number: 207 Act Number 123 Introducing Body: Senate Subject: Prison Overcrowding Powers Act
(A123, R207, S258)
AN ACT TO AMEND CHAPTER 3 OF TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE STATE PRISON SYSTEM, BY ADDING ARTICLE 11, SO AS TO PROVIDE A MEANS, IN EXTREME CIRCUMSTANCES, FOR PRISONER OVERCROWDING OF THE PRISONS OF THE STATE OF SOUTH CAROLINA TO BE ALLEVIATED, IN ORDER TO INSURE HUMANE CONDITIONS OF CONFINEMENT, SECURITY OF THE PRISONS, AND PROPER OPERATION OF THE PRISONS AS PROVIDED BY LAW.
Be it enacted by the General Assembly of the State of South Carolina:
Purpose of act
SECTION 1. It is the purpose of this act to provide a means, in extreme circumstances, for prisoner overcrowding of the prisons of the State of South Carolina to be alleviated, in order to insure humane conditions of confinement, security of the prisons, and proper operation of the prisons as provided by law. Despite the purposes of this act, the General Assembly recognizes the high priorities that must be given to public safety and overall economic conditions of state government; and all public officers charged with implementing this act shall give full consideration to these priorities.
Prison Overcrowding Powers Act
SECTION 2. Chapter 3 of Title 24 of the 1976 Code is amended by adding:
"ARTICLE 11
PRISON OVERCROWDING
Section 24-3-1110. This article is known and may be cited as the 'Prison Overcrowding Powers Act'.
Section 24-3-1120. As used in this article:
(a) 'The Board of Corrections' means the State
Board of Corrections.
(b) 'The Board of Parole and Community Corrections'
means the State Board of Parole and
Community Corrections.
(c) 'The Budget and Control Board' means the State
Budget and Control Board.
(d) 'Prison' means any correctional facility operated
by the State Department of Corrections.
(e) 'Prison System' means the prisons operated by the
State Department of Corrections.
(f) 'Prisoner' means every person who, at the time of
the declaration of a prison system overcrowding
state of emergency or at any time during the
continuation of a state of emergency, is serving
a criminal sentence under commitment to the State
Department of Corrections, including
persons on extended work release and persons
serving sentences in local detention facilities
designated under the provisions of applicable law
and regulations.
(g) 'Prison system population' means the total number
of prisoners housed in the prisons operated by the
State Department of Corrections.
(h) 'Release date' means the date projected by the
State Department of Corrections on which
a prisoner will be released from prison, assuming
maximum accrual of credit for good behavior under
Section 24-13-210.
(i) 'Qualified prisoner' means prisoners not
presently committed to the jurisdiction of the
State Department of Corrections under a
conviction for the crime of murder, armed
robbery, criminal sexual assault, assault and
battery with intent to kill, trafficking in
illegal drugs, or kidnapping, nor
sentenced as a habitual offender.
(j) 'State of emergency' means a prison system over-
crowding state of emergency as provided in
Section 24-3-1160.
(k) 'Operating capacity' means the safe and reasonable
inmate capacity of a prison or prison system as
certified by the State Board of Corrections and
approved by the State Budget and Control Board.
(l) 'Prison system operating capacity' means the
combined operating capacities of prisons
operated by the State Department of Corrections.
Section 24-3-1130. The requirements for declaration or commencement of a prison system overcrowding state of emergency are as follows:
(a) Prison system population in excess of the prison
system operating capacity for at least thirty
consecutive days immediately preceding the
declaration or commencement of a state of
emergency;
(b) Full appropriate utilization by the Board of
Corrections and the Department of Corrections
of powers the exercise of which tends either to
reduce prison system population or expand
operating capacity. The powers include
but are not limited to:
(1) Good behavior credit as specified in
Section 24-13-210;
(2) Credits for productive duty assignments
(earned work credits) as specified in
Section 24-13-230;
(3) Extended work release programs as authorized
in Section 24-13-610;
(4) Supervised furlough as provided for in
Section 24-13-710;
(5) Arrangements with other agencies of state or local government for using temporary structures, unused buildings, or under-utilized buildings as places of confinement for prisoners.
(c) Full appropriate utilization by the Board of
Parole and Community Corrections of powers, the
exercise of which tends to reduce the prison
system population or expand operating capacity. The powers include but are not limited to:
(1) Supervised furlough as provided for in
Section 24-13-710;
(2) Provisional parole as provided for in
Section 24-21-645;
(3) Parole as provided for in Section 24-21-610.
(4) Arrangements with other agencies of state or local government for using temporary structures, unused buildings, or under-utilized buildings as places of confinement.
Section 24-3-1140. Whenever the prison system population has exceeded operating capacity for thirty consecutive days, the Board of Corrections shall meet to determine whether there has been full appropriate exercise of the powers of the Board of Corrections and the Department of Corrections, the exercise of which tends to reduce the prison system population. The determination must be made within seven days after the thirtieth day of excessive prison system population. If the prison system population continues to exceed operating capacity, the Board of Corrections shall report this to the Governor, with a copy of the report to be provided to the Board of Parole and Community Corrections. The report shall include the prison system operating capacity, the prison system population during the relevant time period, and the determination of the Board of Corrections regarding the exercise by the Board of Corrections and Department of Corrections of prison population reduction powers and may include a recommended specific term of advancement of the release dates. The recommendation must be at least thirty but not more than ninety days. The existence of conditions meeting the requirements of items (a) and (b) of Section 24-3-1130 notwithstanding, if the Board of Corrections concludes that a prison system overcrowding state of emergency should not be declared or commence, it shall state the conclusion and the reasons for the conclusion in the report to the Governor.
Section 24-3-1150. Upon receipt of a copy of a report by the Board of Corrections to the Governor pursuant to Section 24-3-1140, the Board of Parole and Community Corrections shall meet to determine whether there has been full appropriate utilization of powers described in Section 24-3-1140 and shall report its findings to the Governor. Within fourteen days of receipt of a copy of the report to the Governor, the Board of Parole and Community Corrections shall report to the Governor. The report shall include the determination of the Board of Parole and Community Corrections regarding the utilization of powers described in item (c) of Section 24-3-1130 and a description of the availability of supervising agents and of measures that could be taken and resources that would be needed to provide appropriate supervision of persons released early under this article.
Section 24-3-1160. Upon receipt of the report from the Board of Corrections and the report of the Board of Parole and Community Corrections, the Governor has the power to:
(a) Determine to be in error the determination of
either Board or both Boards that there had been
full appropriate exercise of powers, the exercise
of which tends to reduce prison population, in
which case no state of emergency shall commence;
(b) Determine that commencement of a state of
emergency would be injurious to the public good,
or raises the potential of threatening the safety
of the public in the State as a whole or in a
particular community, in which case no state of
emergency shall commence;
(c) Determine that the reports establish the existence
of the conditions for declaration of a prison
system overcrowding state of emergency, as
described in Section 24-3-1130, and declare a state
of emergency specifying an amount of advancement of
release dates from thirty to ninety days; or
(d) Determine to be in error the determination of any
Board reporting less than full appropriate exercise
of prison population reduction powers and declare
a state of emergency specifying an amount of
advancement of release dates from thirty to ninety
days.
If, fourteen days after the receipt of the reports to the Governor pursuant to Section 24-3-1140 and Section 24-3-1150 indicating that conditions meeting the requirements of items (a), (b), and (c) of Section 24-3-1130 exist, the Governor has exercised none of the powers prescribed in items (a), (b), or (c) of this section, a prison system overcrowding state of emergency is considered to have commenced. If, fourteen days after the receipt of the reports to the Governor pursuant to Section 24-3-1140 and Section 24-3-1150 indicating that prison population reduction powers have not been fully utilized, the Governor has not exercised power under item (d) of this section, action under this article is considered terminated.
If the Governor exercises a power under items (a) or (b) of this section, he shall state the reasons for the exercise of a power in notification of his action to the Board of Corrections and the Board of Parole and Community Corrections. In this instance, a thirty day period of prison system overcrowding, as provided in item (a) of Section 24-3-1130, may commence as of the date of notification of action under items (a) or (b) of this section.
Section 24-3-1170. Upon the declaration or commencement of a state of emergency, the release dates of qualified prisoners must be conditionally advanced by the Department of Corrections. If the Governor declared the state of emergency, the amount of advancement of release dates must be specified in the declaration. If a state of emergency commences without declaration, the amount of advancement of release dates must be the lesser of the amount of advancement of release dates recommended by the Board of Corrections in its report to the Governor under Section 24-3-1140 or ninety days. For terms of from ninety-two to two hundred seventy days, all advancements of the release dates under this article must be at the rate of one day for every two days of sentence term in excess of ninety days, with a maximum advancement equal to the amount of advancement of the release dates of prisoners with terms of two hundred seventy-one days or longer.
Section 24-3-1180. During the continuation of a state of emergency, the Commissioner of the Department of Corrections shall weekly certify to the Governor the prison system population for each day of the preceding week. The Governor shall declare the state of emergency terminated upon notification that the prison system population has been no higher than operating capacity for seven consecutive days. If no declaration of termination is issued within one week after the certification of conditions for termination of the state of emergency, the state of emergency is considered terminated as of the seventh day after the certification.
Section 24-3-1190. If, sixty days after the declaration or commencement of a prison system overcrowding state of emergency or of an additional advancement of the release dates, the prison system population continues to be in excess of operating capacity, the Board of Corrections shall report to the Governor indicating whether an additional advancement of the release dates is necessary in order to reduce the prison system population to operating capacity and indicating the amount of any recommended additional advancement of the release dates. The recommended amount must be no less than thirty days nor more than ninety days. A copy of the request must be provided to the Board of Parole and Community Corrections, which shall within fourteen days report to the Governor describing the availability of parolee supervising agents, the currently existing supervision caseloads, and measures that could be taken and resources that would be needed to provide appropriate supervision of persons released early as a result of an additional advancement of the release dates.
Section 24-3-2000. Upon receipt of reports from the Board of Corrections and the Board of Parole and Community Corrections as provided in Sections 24-3-1130 and 24-3-1190, the Governor has the power to:
(a) Determine to be in error any conclusion of the
Board of Corrections that an additional advance-
ment of the release dates is necessary in order for
the prison system population to be reduced to
operating capacity, in which case no additional
advancements of the release dates shall occur;
(b) Determine that the ordering of additional
advancements of the release dates would be
injurious to the public good, or raises the
potential of threatening the safety of the public
in the State as a whole or in a particular
community, in which case no additional
advancements of the release dates shall
occur; or
(c) Determine, consistent or inconsistent with the
report of the Board of Corrections under Section
24-3-1190, that an additional advancement of the
release dates is necessary in order for the prison
system population to be reduced to operating
capacity and order additional advancements,
specifying the amount of additional advancements,
the amount to be at least thirty and no more than
ninety days.
If, fourteen days after the receipt of the reports to the Governor pursuant to Section 24-3-1190 including a determination of the Board of Corrections that an additional advancement of the release dates is necessary in order for the prison system population to be reduced to operating capacity, the Governor has exercised none of the powers prescribed in items (a), (b), and (c) of this section, additional advancements of the release dates as recommended in the report of the Board of Corrections as provided in Section 24-3-1190 are considered ordered. If, fourteen days after the receipt of the reports to the Governor pursuant to Section 24-3-1190 including a determination of the Board of Corrections that an additional advancement of the release dates is not necessary in order for the prison system population to be reduced to operating capacity, the Governor has not exercised the power provided in item (c) of this section, action initiated under Section 24-3-1190 is considered terminated.
If the Governor exercises a power provided under items (a) or (b) of this section, he shall state the reasons for the exercise of a power in notification of his action to the Board of Corrections and the Board of Parole and Community Corrections. In this instance, a sixty-day period of continued prison system overcrowding as provided in Section 24-3-1190 shall commence as of the date of notification of action under items (a) or (b) of this section.
If the Governor orders additional advancements of the release dates under this section, the amount of advancement of the release dates must be as ordered by the Governor. If advancement of the release dates are considered ordered without the order of the Governor, the amount of advancement of the release dates must be as recommended by the Board of Corrections in its report to the Governor under Section 24-3-1190. For terms of from ninety-two to two hundred seventy days, all advancements of the release dates must be at the rate of one day for every two days of sentence term in excess of ninety days, with a maximum advancement equal to the amount of advancement of the release dates of prisoners with terms of two hundred seventy-one days or longer. Qualified prisoners committed during a state of emergency shall receive, in addition to an initial advancement of the release date as provided in Section 24-3-1170, additional advancements of the release dates ordered or otherwise effective during commitment to the Department of Corrections.
Section 24-3-2010. If at any time during a state of emergency the Governor determines that the continuation of the state of emergency is injurious to the public good or raises the potential of threatening the safety of the public in the State as a whole or in a particular community, he may order the state of emergency terminated.
Section 24-3-2020. Revocation of conditional advancement of the release date is a permissible prison disciplinary action according to the same procedures governing the forfeiture of credits for good behavior as a prison disciplinary action.
Section 24-3-2030. The Board of Corrections shall prescribe conditions of advancement of the release date applicable prior to release from the jurisdiction of the Department of Corrections. The Board of Parole and Community Corrections shall prescribe conditions of supervision consistent with existing regulations applicable after release from the jurisdiction of the Department of Corrections. While under the supervision of the Board of Parole and Community Corrections under this article, releasees are considered to be in the legal custody of the Board of Parole and Community Corrections. In every case, supervision by a parole agent after release from prison for a period equal to the advancement of the release date is a condition of advancement of the release date. Violation after release and during the term of supervision of a condition imposed under this section may be the basis, under the procedures of Section 24-21-680, for revocation of conditional advancement of the release date and return of the releasee to prison and the jurisdiction of the Department of Corrections to serve his sentence as though his release date had not been conditionally advanced. No credit is given for time elapsing between release and revocation of conditional advancement of the release date.
Section 24-3-2040. Advancement of release dates under this article shall occur independently of all other adjustments of the release date, such as setting back of the release dates as a prison disciplinary action and of advancing of the release dates as a result of the earning of work credits under Section 24-13-230."
Operating capacities to be established
SECTION 3. The Board of Corrections and the Budget and Control Board shall within thirty days of the enactment of this act establish the operating capacities of the prisons operated by the Department of Corrections and shall at least quarterly certify existing operating capacities or establish changed or new operating capacities.
Time effective
SECTION 4. This act shall take effect thirty days after approval by the Governor.