South Carolina General Assembly
112th Session, 1997-1998

Bill 177


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Bill Number:                       177
Type of Legislation:               General Bill GB
Introducing Body:                  Senate
Introduced Date:                   19970115
Primary Sponsor:                   Thomas 
All Sponsors:                      Thomas 
Drafted Document Number:           council\legis\bills\gjk\2302sd.
97
Residing Body:                     Senate
Current Committee:                 Corrections and Penology
                                   Committee 03 SCP
Subject:                           Corrections facilities,
                                   acquisition of authorized through
                                   agreements with private vendors;
                                   prisoners, businesses



History


Body    Date      Action Description                       Com     Leg Involved
______  ________  _______________________________________  _______ ____________

Senate  19970115  Introduced, read first time,             03 SCP
                  referred to Committee

View additional legislative information at the LPITS web site.


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

A BILL

TO AMEND TITLE 24, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO INMATES AND CORRECTIONS, BY ADDING CHAPTER 29 SO AS TO AUTHORIZE THE DEPARTMENT OF CORRECTIONS TO CONTRACT WITH A PRIVATE VENDOR FOR THE FINANCING, CONSTRUCTION, MANAGEMENT OR OPERATION OF A STATE CORRECTIONAL FACILITY, TO PROVIDE THE TERMS, CONDITIONS, AND PROCEDURES UNDER WHICH THIS AUTHORITY IS GRANTED, AND TO AUTHORIZE THE DEPARTMENT TO ALSO ENTER INTO LEASE-PURCHASE OR INSTALLMENT CONTRACTS WITH PRIVATE VENDORS TO ACQUIRE A STATE CORRECTIONAL FACILITY.

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

SECTION 1. Title 24 of the 1976 Code is amended by adding:

"CHAPTER 29

Acquisition of State Correctional Facilities

through Agreements with Private Vendors

Section 24-29-10. (A) The Department of Corrections may contract with a private vendor for the financing, construction, management, or operation of a secure correctional facility to be utilized in whole or in part to house state inmates.

(B) A facility managed and operated under this chapter by a private vendor shall:

(1) comply with federal and state constitutional standards and applicable court orders; and

(2) receive and retain, as an individual facility, accreditation from the American Correctional Association.

(C) A facility authorized by this chapter may be located on private land or on land owned by the State or a political subdivision of the State. The department may accept land donated for that purpose.

(D) A facility managed and operated under this chapter by a private vendor may not accept inmates from other jurisdictions unless the department has reviewed and approved in writing the terms and conditions of the proposed contract between the private vendor and such other jurisdiction, including the number, security classification, and intended term of incarceration of the other jurisdiction's inmates.

Section 24-29-20. An inmate confined by the department in a facility authorized by this chapter remains in the legal custody of the department.

Section 24-29-30. (A) The department may not award a contract under this chapter unless the department requests proposals pursuant to the Consolidated Procurement Code and receives a proposal that meets or exceeds, in addition to requirements specified in the request for proposals, the requirements specified in subsections (B), (C), and (D).

(B) A private vendor proposing to enter into a contract with the department under this chapter shall demonstrate:

(1) the qualifications, operations, and management experience to carry out the terms of the contract; and

(2) the ability to comply with the standards of the American Correctional Association and with specific court orders.

(C) In addition to meeting the requirements specified in the requests for proposals, a proposal shall:

(1) provide for regular, on-site monitoring by the department;

(2) acknowledge that payment by the State is subject to the availability of appropriations;

(3) provide for payment of a maximum amount to the private vendor for each state funding cycle;

(4) offer a level and quality of programs at least equal to those provided by state-operated facilities that house similar types of inmates;

(5) provide that training requirements for security staff are at least equal to minimum state training requirements for similarly employed staff;

(6) permit the State to terminate the contract for cause, including as cause the failure of the private vendor to meet the conditions required by the chapter and other conditions required by the contract;

(7) provide that cost adjustments may be made only once each fiscal year, to take effect at the beginning of the next fiscal year;

(8) have an initial contract term of not more than three years, with an option to renew for additional periods of two years;

(9) if the proposal includes construction of a facility, contain a performance bond approved by the department that is adequate and appropriate for the proposed contract;

(10) provide for assumption of liability by the private vendor for all claims arising from the services performed under the contract by the private vendor;

(11) provide for an adequate plan of insurance for the private vendor and its officers, guards, employees, and agents against all claims, including claims based on violations of civil rights, arising from the services performed under the contract by the private vendor;

(12) provide for an adequate plan of insurance to protect the State against all claims arising from the services performed under the contract by the private vendor and to protect the State from actions by a third party against the private vendor, its officers, guards, employees, and agents as a result of the contract;

(13) provide plans for the purchase and assumption of operations by the State in the event of the bankruptcy of the private vendor or inability of the private vendor to perform its duties under the contract.

Section 24-29-40. A private vendor operating under a contract authorized by this chapter may not:

(1) compute inmate release and parole eligibility dates;

(2) award good conduct time;

(3) approve an inmate for work, medical, or temporary furlough or for preparole transfer; or

(4) classify an inmate or place an inmate in less restrictive custody than the custody ordered by the department.

Section 24-29-50. A private vendor operating under a contract authorized by this chapter may not claim sovereign immunity in a suit arising from the services performed under the contract by the private vendor. This section shall not deprive the private vendor or the State of the benefit of any law limiting exposure to liability, setting a limit on damages, or establishing a defense to liability.

Section 24-29-60. The department may also contract with a private vendor through the use of lease-purchase agreements, installment purchase contract agreements, or other similar agreements to acquire a secure correctional facility financed and constructed by the private vendor."

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

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