2001-2002 Bill 1048: Federal Prisoners in County Jails; Fee and Distribution Revisions

BIL:1048

TYP:General Bill GB

INB:Senate

IND:20020221

PSP:Fair

SPO:Fair

DDN:l:\council\bills\ggs\22351cm02.doc

RBY:House

COM:Judiciary Committee 25 HJ

LAD:20020410

SUB:Federal prisoners in county jails; fee and distribution revisions

HST:

BodyDateAction DescriptionComLeg Involved

______

House20020417Introduced, read first time,25 HJ

referred to Committee

Senate20020411Read third time, sent to House

Senate20020410Amended, read second time

Senate20020404Committee report: Favorable with03 SCP

amendment

Senate20020226Committed to Committee03 SCP

Senate20020226Recalled from Committee11 SJ

Senate20020221Introduced, read first time,11 SJ

referred to Committee

Versions of This Bill

Revised on 20020404

Revised on 20020410

TXT:

Indicates Matter Stricken

Indicates New Matter

COMMITTEE AMENDMENT ADOPTED

April 10, 2002

S.1048

Introduced by Senator Fair

S. Printed 4/10/02--S.

Read the first time February 21, 2002.

[1048-1]

A BILL

TO AMEND SECTION 231920, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE THE FEE AND ITS DISTRIBUTION, AND TO PROVIDE THAT A CONTRACT FOR HOUSING OF FEDERAL PRISONERS MUST BE MADE BETWEEN THE ENTITY THAT OPERATES THE COUNTY JAIL OR DETENTION FACILITY AND THE APPROPRIATE FEDERAL AUTHORITY.

Amend Title To Conform

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

SECTION1.Section 231920 of the 1976 Code is amended to read:

“Section 231920.(A)The sheriffs or jailers of the respective counties of this State may charge one dollaran amount per day as provided by contractual agreement with the appropriate federal authority for each prisonerperson committed to the county jails to serve sentencesjail or another detention facility as a pretrial federal detainee, pending a judicial hearing or action, as a federal prisoner in transit from or awaiting transfer to another institution, or as a federal inmate serving a sentence imposed by the FederalUnited States courts. Twentyfive cents of such amount shall be turned over by the sheriff or jailer to the county treasurer for the use and benefit of the county, being for the use of the jail.

(B)A contract with the appropriate federal authority for the housing of federal detainees, prisoners, or inmates by a county of this State must also be signed by the sheriff if he is responsible for operating the county jail or detention facility.

(C)A municipality which operates a jailer detention facility may charge an amount per day as provided by contractual agreement with the appropriate federal authority for each person committed to the jail or detention facility as a pretrial federal detainee pending a judicial hearing or action, as a federal prisoner in transit from or awaiting transfer to another institution, or as a federal inmate serving a sentence imposed by the United States courts.

(D)Any expenditure of these monies contained in this section must be in accordance with the established procurement procedures of the local government having budget appropriation authority for the jail or detention facility.”

SECTION2.This act takes effect upon approval by the Governor.

[1048]1