South Carolina General Assembly
110th Session, 1993-1994

Bill 3999


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               House
Bill Number:                    3999
Primary Sponsor:                Hodges
Type of Legislation:            GB
Subject:                        Inmates, deduction from
                                accounts of
Residing Body:                  House
Computer Document Number:       DKA/4552AL.93
Introduced Date:                19930414
Last History Body:              House
Last History Date:              19940518
Last History Type:              Objection withdrawn by
                                Representative
Scope of Legislation:           Statewide
All Sponsors:                   Hodges
Type of Legislation:            General Bill



History


Bill  Body    Date          Action Description              CMN  Leg Involved
____  ______  ____________  ______________________________  ___  ____________

3999  House   19940518      Objection withdrawn by                    Kennedy
                            Representative
3999  House   19940126      Objection by Representative          Moody-Lawrence
                                                                 Beatty
                                                                 Anderson
                                                                 Hines
                                                                 McMahand
                                                                 Whipper
                                                                 Inabinett
                                                                 Breeland
                                                                 Kennedy
3999  House   19940119      Committee Report: Favorable     27
3999  House   19930414      Introduced, read first time,    27
                            referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

COMMITTEE REPORT

January 19, 1994

H. 3999

Introduced by REP. Hodges

S. Printed 1/19/94--H.

Read the first time April 14, 1993.

THE COMMITTEE ON MEDICAL,

MILITARY, PUBLIC AND MUNICIPAL AFFAIRS

To whom was referred a Bill (H. 3999), to amend the Code of Laws of South Carolina, 1976, by adding Section 24-13-70 so as to provide for certain deductions from an inmate's account, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass:

DAVE C. WALDROP, JR., for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

1. Estimated Cost to State-First Year$ See Below

2. Estimated Cost to State-Annually Thereafter$ See Below

House Bill 3999 amends the South Carolina Code of Laws, 1976, by adding Section 24-13-70 so as to provide for certain deductions from an inmate's account for destruction of property, medical treatment, and other causes, and to provide certain exceptions for medical costs.

Policies and procedures are in place with the South Carolina Department of Corrections (SCDC) to deduct from an inmate's pay account for damages in the destruction of SCDC property. Procedures can be extended to cover medical treatment and other causes if this bill is passed.

Pursuant to Section 2-7-76 of the South Carolina Code of Laws, 1976, the State Budget Division surveyed the 24 counties and 42 municipalities on the Fiscal Impact Statement Team (FIST) to assess the fiscal impact of this bill and 20 responses were received. Most local governments reported that they actually anticipated a savings if this bill is implemented.

* It should be noted that such collections do not result in sufficient funds to defray the costs of destruction or medical treatment because inmate funds are limited.

Prepared By: Approved By:

James W. Trexler George N. Dorn, Jr.

State Budget Analyst State Budget Division

K. Earle Powell

State Budget Analyst

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 24-13-70 SO AS TO PROVIDE FOR CERTAIN DEDUCTIONS FROM AN INMATE'S ACCOUNT FOR DESTRUCTION OF PROPERTY, MEDICAL TREATMENT, AND OTHER CAUSES, AND TO PROVIDE CERTAIN EXCEPTIONS FOR MEDICAL COSTS.

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

SECTION 1. The 1976 Code is amended by adding:

"Section 24-13-70. (A) As used in this section:

(1) `Detention facility' means a municipal or county jail or state correctional facility used for the detention of persons charged with or convicted of either a felony, a misdemeanor, or a municipal offense.

(2) `Inmate' means a person who is detained in a detention facility by reason of being charged with or convicted of a felony, a misdemeanor, or a municipal offense.

(3) `Medical treatment' means each visit initiated by the inmate to an institutional physician; physician's extender, including a physician's assistant or a nurse practitioner; dentist; optometrist; or psychiatrist for examination or treatment.

(4) `Officer in charge' means the sheriff, if the detention facility is under his supervision, or the warden or superintendent having the supervision of another detention facility.

(B) The officer in charge may establish, by rules, criteria for a reasonable deduction from money credited to the account of an inmate to:

(1) repay the costs of:

(a) public property wilfully damaged or destroyed by the inmate during his incarceration;

(b) medical treatment for injuries inflicted by the inmate upon himself or others;

(c) searching for and apprehending the inmate when he escapes or attempts to escape, the costs to be limited to those extraordinary costs incurred as a consequence of the escape; or

(d) quelling a riot or other disturbance in which the inmate is unlawfully involved.

(2) defray the costs paid by a municipality or county for medical treatment for an inmate, which medical treatment has been requested by the inmate, provided that the deduction from money credited to the account of an inmate does not exceed five dollars for each occurrence of treatment received by the inmate at the inmate's request. If the balance in an inmate's account is ten dollars or less, the fee must not be charged.

The provisions of this item do not apply in a case where an officer of the detention facility or medical practitioner determines that an inmate is in need of medical treatment.

(C) All sums collected for medical treatment must be reimbursed to the inmate if the inmate is acquitted or otherwise exonerated of all charges for which the inmate was being held."

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

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