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COMMITTEE REPORT
April 10, 2001
S. 315
S. Printed 4/10/01--S.
Read the first time February 14, 2001.
To whom was referred a Bill (S. 315) to amend Title 24, Chapter 13, Code of Laws of South Carolina, 1976, relating to prisoners confined within the Department of Corrections, by adding Article 20, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Title 41 of the 1976 Code is amended by adding:
Section 41-38-10. To aid incarcerated individuals with reentry into their home communities of this State, the South Carolina Department of Corrections shall assist inmates in preparing for meaningful employment upon release from confinement. The South Carolina Department of Corrections shall coordinate efforts in this matter with the Employment Security Commission, the Department of Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, the Alston Wilkes Society, and other private sector entities.
Section 41-38-20. The Department of Corrections, the Department of Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, the Employment Security Commission, and the Alston Wilkes Society, and other private sector entities shall adopt a memorandum of understanding that establishes the respective responsibilities of each agency and each organization and shall adopt rules or policies necessary to implement the memorandum of understanding.
Section 41-38-30. The memorandum of understanding between the South Carolina Department of Corrections, the Department of Probation, Parole and Pardon Services, the Department of Vocational Rehabilitation, the Employment Security Commission, the Alston Wilkes Society, and other private sector entities shall establish the role of each agency in:
(1) ascertaining an inmate's opportunities for employment after his release from confinement and providing him with appropriate vocational and academic education and lifeskills assessments;
(2) developing appropriate skills enhancement programs for inmates;
(3) coordinating job referrals and related services with inmates before their release from incarceration;
(4) encouraging participation by inmates in the services offered;
(5) developing and maintaining a statewide network of employment referrals for inmates at the time of their release from incarceration and aiding inmates in the securing of employment;
(6) identifying and facilitating other transitional services within both the governmental and private sectors; and
(7) surveying employment trends within the State and making proposals to the Department of Corrections regarding potential vocational training activities.
Section 41-38-40. The South Carolina Department of Corrections shall administer the efforts of the affected state agencies through its Program Services administration. The South Carolina Department of Corrections shall:
(1) ensure that all inmates eligible for community reentry are afforded these services;
(2) develop policies and standards necessary for the provision of assessment, training, and referral services;
(3) obtain information from appropriate agencies and organizations affiliated with the services to determine actions that should be undertaken to create or modify these services;
(4) disseminate information about the services throughout the State;
(5) provide appropriate information and assistance to other agencies to carry out the purposes of this section;
(6) provide inmates of the Department of Corrections information concerning post release job training and employment referral services, and information concerning services that may be available from the Department of Alcohol and Other Drug Abuse Services, the Department of Mental Health, or the Office of Veterans Affairs;
(7) prepare an annual report that will be submitted to the directors of each department named in this chapter; and
(8) negotiate with the Alston Wilkes Society and other private sector entities concerning the delivery of assistance or services to inmates who are transitioning from incarceration to reentering their communities."
SECTION 2. The 1976 Code is amended by adding:
"Section 43-31-160. In addition to the duties of the Department of Vocational Rehabilitation as set forth in Sections 43-31-20 and 43-31-60, the department shall provide services authorized by this chapter to individuals who have committed criminal offenses and are incarcerated, or have been incarcerated in the Department of Corrections when these individuals suffer from physical or mental disabilities that may constitute a substantial handicap to employment. To assist these individuals, the Department of Vocational Rehabilitation shall assist inmates after release from confinement."
SECTION 3. This act takes effect upon approval by the Governor and is conditioned upon the appropriation of necessary funds to carry out the intent and purposes of this act. /
Renumber sections to conform.
Amend title to conform.
GREG RYBERG for Committee.
FIRST YEAR GENERAL FUNDS: $ 1,852,990
FIRST YEAR FEDERAL AND/OR OTHER FUNDS: $0
ANNUAL TOTAL THEREAFTER: $ 1,760,590
EXPLANATION OF IMPACT:
The Department of Corrections forecasts an additional cost to the General Fund of the State with the passage of the proposed legislation. The Department of Corrections notes that through the Memorandum of Understanding between the Employment Security Commission, the Department of Probation, Parole and Pardon and itself, the role of creating and sustaining the Offender Employment Referral Program shall rest primarily with Corrections. As a result, additional staff will be required to maintain the program. The following chart provides a description of duties for projected staff, as well as the recurring and non-recurring costs associated with the staff and the program.
Non-Recurring
Cost Description Recurring Costs Non-Recurring
1) Program Manager I
Manages statewide Inmate
Employment Referral Service;
coordinates program services
with other agencies and private
sector employment services and
FTE(s): 1 potential employers. *$62,040
2) Administrative Asst I
Provides support services and
clerical assistance to Program
FTE(s): 1 Manager I. *$29,040
3) Human Service
Coordinator I
Provides direct services
including employment
preparation, job readiness,
assistance with employment
resource and transitional
services, and job placement
to an assigned caseload of inmates
FTE(s): 4 preparing for release. *$179,520
4) Human Service
Coordinator I
Direct care services as noted
FTE(s): 27 above. *$1,069,200
5) Other Operating Costs
Personal computers, office
space, office furniture,
office supplies, telephone
FTE(s): 0 services, other potential utility $20,790 $92,400
6) SCDC contractual
services with
Department of
Vocational Rehab.
Voc. Rehab. to provide
vocational assessment,
transitional services and
follow up in the community
FTE(s): 0 for offenders who qualify $400,000
FTE(s): 33 Total $1,760,590 $92,400
* Note: This includes staff salary and fringe benefits.
The methodology for the above chart assumes approximately one staff person to provide direct services per institution. Approximately 11,000 inmates are released annually, therefore, each staff member would be responsible for providing services as needed to about 354 inmates.
Finally, there would be no fiscal impact on the Employment Security Commission nor on the Department of Alcohol and Other Drug Abuse Services associated with the Bill, contingent upon the language of the Memorandum of Understanding with the Department of Corrections. However, if the Memorandum were to require either agency to send staff to the Department of Corrections to work with inmates, there would be a cost associated with hiring staff for that activity. The Memorandum of Understanding with Corrections will ultimately dictate the fiscal impact on the corresponding agencies.
SPECIAL NOTES:
To project a break-even analysis for the Offender Employment Referral Program based on the current recidivism of 32.4% that represents 3,564 inmates annually (of the approximately 11,000 inmates released annually), then a 13.9% reduction in the current recidivism rate to 27.9% or a reduction of 492 inmates would be required. This figure multiplied by an estimated $3,600 in variable costs (those annual costs directly associated with housing an inmate) would result in a savings to the State of $1,771,200, or approximately the annual recurring cost of the program, as noted.
Approved By:
Don Addy
Office of State Budget
TO AMEND TITLE 24, CHAPTER 13, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRISONERS CONFINED WITHIN THE DEPARTMENT OF CORRECTIONS, BY ADDING ARTICLE 20 SO AS TO ESTABLISH THE OFFENDER EMPLOYMENT REFERRAL PROGRAM WITHIN THE DEPARTMENT OF CORRECTIONS AS A STATEWIDE EMPLOYMENT REFERRAL PROGRAM DESIGNED TO REINTEGRATE INMATES INTO THE LABOR FORCE AFTER SERVING THEIR SENTENCES IN A DEPARTMENT FACILITY.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 13, Title 24 of the 1976 Code is amended by adding:
Section 24-13-2100. There is hereby created the Offender Employment Referral Program, which shall be administered by the South Carolina Department of Corrections as a statewide employment referral program designed to employ inmates serving sentences within a department facility through job placement services offered by the South Carolina Employment Security Commission and the South Carolina Department of Probation, Parole and Pardon Services.
Section 24-13-2110. To implement the Offender Employment Referral Program, the Department of Corrections, the Employment Security Commission, and the Department of Probation, Pardon and Parole Services shall adopt a memorandum of understanding that establishes the respective responsibilities of each agency. Each agency shall adopt rules and promulgate regulations necessary to implement the memorandum of understanding and may amend the memorandum, their rules, and regulations.
Section 24-13-2120. The memorandum of understanding between the Department of Corrections, the Employment Security Commission, and the Department of Probation, Parole and Pardon Services shall establish the role of each agency in:
(1) ascertaining and encouraging an inmate's chances for employment by providing him vocational and educational assessment while he is incarcerated;
(2) developing a skills enhancement program for an inmate with cooperation of other governmental, educational, and private entities by using available public or private financial resources;
(3) referring the inmate upon release to the Offender Employment Referral Program through his parole or supervision officer;
(4) encouraging and referring eligible persons to the Offender Employment Referral Program;
(5) ensuring that a person who participates in the Offender Employment Referral Program avails himself of its services; and
(6) developing and maintaining a statewide network for finding positions of employment that require the skills possessed by Offender Employment Referral Program participants and helping participants to secure employment.
Section 24-13-2130. (A) The Director of the Department of Corrections shall appoint the Director of the Offender Employment Referral Program to coordinate the efforts of the affected state agencies and expedite the delivery of services to participants in the project.
(B) The Offender Employment Referral Program director shall:
(1) propose for promulgation by the Director of the Department of Corrections standards and guidelines for the operation of the Offender Employment Referral Program;
(2) obtain information from appropriate state agencies and individuals affiliated with the program to determine whether the program should be modified;
(3) disseminate information throughout the State about the program; and
(4) train Department of Corrections staff members to assist in implementing the program.
Section 24-13-2140. To assist in the integration into the labor force of former inmates, the Department of Corrections through the Offender Employment Referral Program shall provide former inmates information from:
(1) local job training and employment referral services;
(2) the Department of Alcohol and Other Drug Abuse Services; and
(3) the Office of Veterans Affairs.
Section 24-13-2150. The Department of Corrections shall adopt a memorandum of understanding with each of the following agencies that establishes the respective responsibilities of the department and each agency to provide information to former inmates to assist them in reintegrating themselves into the labor force:
(1) the Department of Alcohol and Other Drug Abuse Services;
(2) the Office of Veterans Affairs; and
(3) the Department of Social Services.
Section 24-13-2160. The Director of the Department of Corrections shall coordinate the development of each memoranda of understanding contained in this article and shall prepare an annual report describing the number of former inmates who received services under each memoranda during the previous year. In addition, he shall submit a copy of the annual report to the Governor, the Chairman of the Senate Corrections and Penology Committee, and the Chairman of the House Judiciary Committee."
SECTION 2. This act takes effect upon approval by the Governor.
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