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S. 1002
STATUS INFORMATION
General Bill
Sponsors: Senator Knotts
Document Path: l:\council\bills\dka\3517dw06.doc
Introduced in the Senate on January 10, 2006
Currently residing in the Senate Committee on Corrections and Penology
Summary: Booking fee for prisoners
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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1/10/2006 Senate Introduced and read first time SJ-36
1/10/2006 Senate Referred to Committee on Corrections and Penology SJ-36
3/16/2006 Senate Committee report: Favorable with amendment Corrections
and Penology SJ-6
3/17/2006 Scrivener's error corrected
3/21/2006 Senate Recommitted to Committee on Corrections and Penology
SJ-22
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
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COMMITTEE REPORT
March 16, 2006
S. 1002
S. Printed 3/16/06--S. [SEC 3/17/06 12:35 PM]
Read the first time January 10, 2006.
To whom was referred a Bill (S. 1002) to amend Section 24-13-80, as amended, Code of Laws of South Carolina, 1976, relating to the payment of certain costs by prisoners, so as, 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. Section 24-13-80(B) of the 1976 Code, as last amended by Section 44, Part II, Act 7 of 1995, is further amended to read:
"(B) The administrator or director, whichever is appropriate, 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 must 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 elective medical treatment for an inmate, which has been requested by him, if the deduction 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 five dollars or less, the fee must not be charged. This item does not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible;
(3) defray the cost to a municipality or county associated with booking an inmate in a detention facility. 'Booking cost', for purposes of this section, means the administrative cost not to exceed thirty dollars associated with the booking process. The provisions of this item do not apply to those inmates:
(a) transported from a state or federal prison; or
(b) brought to a detention facility from other detention facilities on a writ or courtesy hold."
SECTION 2. Section 24-13-80 of the 1976 Code, as last amended by Section 44, Part II, Act 7 of 1995, is further amended by adding at the end:
"(C) Upon the person's release, additional action must not be taken to recover funds as provided in item (3) of subsection (B) that were not collected during his incarceration. The person's account shall maintain a negative balance if he is reincarcerated.
(D) If the criminal charges pending against a prisoner are dismissed or the prisoner is adjudicated not guilty of the criminal charges, the booking cost provided by item (3) of subsection (B) must be reimbursed to him.
(E) The provisions of item (3) of subsection (B) are effective upon the approval of an ordinance by a municipality or county in which the procedure for booking an indigent inmate must be addressed.
(F) Funds must be remitted to the governing county or municipality to be designated for use by the detention facility to offset operational costs."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.
MICHAEL L. FAIR for Committee.
TO AMEND SECTION 24-13-80, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PAYMENT OF CERTAIN COSTS BY PRISONERS, SO AS TO AUTHORIZE A BOOKING FEE TO BE COLLECTED FROM PRISONERS WHEN INCARCERATED IN A DETENTION FACILITY, PROVIDE EXCEPTIONS, AND REQUIRE AN ORDINANCE WITH CERTAIN REQUIREMENTS WHEN A MUNICIPALITY OR COUNTY INITIATED THIS FEE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-13-80(B) of the 1976 Code, as last amended by Section 44, Part II, Act 7 of 1995, is further amended to read:
"(B) The administrator or director, whichever is appropriate, 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 must 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 elective medical treatment for an inmate, which has been requested by him, if the deduction 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 five dollars or less, the fee must not be charged. This item does not apply to medical costs incurred as a result of injuries sustained by an inmate or other medically necessary treatment for which that inmate is determined not to be responsible;
(3) defray the cost for booking an inmate in a detention facility. 'Booking', for purposes of this section, means the administrative cost of thirty dollars associated with the booking process. The provisions of this item do not apply to those inmates incarcerated:
(a) as a result of a mental health hold;
(b) transported from a state or federal prison;
(c) as a result of a detoxification hold with no other charges involved; or
(d) inmates brought to a detention facility from other detention facilities on a writ or courtesy hold.
The provisions of this item are effective upon the approval of an ordinance by a municipality or county in which the procedure for booking an indigent inmate must be addressed."
SECTION 2. This act takes effect upon approval by the Governor.
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