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

1 BIL: 1048 2 TYP: General Bill GB 3 INB: Senate 4 IND: 20020221 5 PSP: Fair 6 SPO: Fair 7 DDN: l:\council\bills\ggs\22351cm02.doc 8 RBY: House 9 COM: Judiciary Committee 25 HJ 10 LAD: 20020410 11 SUB: Federal prisoners in county jails; fee and distribution revisions 12 13 14 HST: 15 16 Body Date Action Description Com Leg Involved 17 ______18 House 20020417 Introduced, read first time, 25 HJ 19 referred to Committee 20 Senate 20020411 Read third time, sent to House 21 Senate 20020410 Amended, read second time 22 Senate 20020404 Committee report: Favorable with 03 SCP 23 amendment 24 Senate 20020226 Committed to Committee 03 SCP 25 Senate 20020226 Recalled from Committee 11 SJ 26 Senate 20020221 Introduced, read first time, 11 SJ 27 referred to Committee 28 29 30 31 Versions of This Bill 32 33 34 Revised on 20020404 35 Revised on 20020410 36 37 38 TXT: 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE AMENDMENT ADOPTED 5 April 10, 2002 6 7 S. 1048 8 9 Introduced by Senator Fair 10 11 S. Printed 4/10/02--S. 12 Read the first time February 21, 2002. 13 14 15 16

1 [1048-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 23-19-20, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO CHARGES A SHERIFF OR 13 JAILER MAY IMPOSE FOR THE HOUSING OF PRISONERS 14 COMMITTED TO A COUNTY JAIL TO SERVE A SENTENCE 15 IMPOSED BY THE FEDERAL COURTS, SO AS TO REVISE 16 THE FEE AND ITS DISTRIBUTION, AND TO PROVIDE 17 THAT A CONTRACT FOR HOUSING OF FEDERAL 18 PRISONERS MUST BE MADE BETWEEN THE ENTITY 19 THAT OPERATES THE COUNTY JAIL OR DETENTION 20 FACILITY AND THE APPROPRIATE FEDERAL 21 AUTHORITY. 22 Amend Title To Conform 23 24 Be it enacted by the General Assembly of the State of South 25 Carolina: 26 27 SECTION 1. Section 23-19-20 of the 1976 Code is amended to 28 read: 29 30 “Section 23-19-20. (A) The sheriffs or jailers of the respective 31 counties of this State may charge one dollar an amount per day as 32 provided by contractual agreement with the appropriate federal 33 authority for each prisoner person committed to the county jails to 34 serve sentences jail or another detention facility as a pre - trial 35 federal detainee, pending a judicial hearing or action, as a federal 36 prisoner in transit from or awaiting transfer to another institution, 37 or as a federal inmate serving a sentence imposed by the Federal 38 United States courts. Twenty-five cents of such amount shall be 39 turned over by the sheriff or jailer to the county treasurer for the 40 use and benefit of the county, being for the use of the jail. 41 (B) A contract with the appropriate federal authority for the 42 housing of federal detainees, prisoners, or inmates by a county of

1 [1048] 1 1 this State must also be signed by the sheriff if he is responsible for 2 operating the county jail or detention facility. 3 (C) A municipality which operates a jailer detention facility 4 may charge an amount per day as provided by contractual 5 agreement with the appropriate federal authority for each person 6 committed to the jail or detention facility as a pre - trial federal 7 detainee pending a judicial hearing or action, as a federal prisoner 8 in transit from or awaiting transfer to another institution, or as a 9 federal inmate serving a sentence imposed by the United States 10 courts. 11 (D) Any expenditure of these monies contained in this section 12 must be in accordance with the established procurement 13 procedures of the local government having budget appropriation 14 authority for the jail or detention facility.” 15 16 SECTION 2. This act takes effect upon approval by the 17 Governor. 18 ----XX----

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