2005-2006 Bill 258: Prison Industries Program - South Carolina Legislature Online

1 South Carolina General Assembly 2 116th Session, 2005-2006 3 4 S. 258 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senators Fair, Martin, Bryant, Cromer, Campsen and Knotts 10 Document Path: l:\council\bills\swb\6179cm05.doc 11 Companion/Similar bill(s): 173, 3523 12 13 Introduced in the Senate on January 13, 2005 14 Currently residing in the Senate 15 16 Summary: Prison industries program 17 18 19 HISTORY OF LEGISLATIVE ACTIONS 20 21 Date Body Action Description with journal page number 22 1/13/2005 Senate Introduced and read first time SJ-22 23 1/13/2005 Senate Referred to Committee on Corrections and Penology SJ-22 24 4/25/2005 Senate Polled out of committee Corrections and Penology SJ-7 25 4/25/2005 Senate Committee report: Favorable with amendment Corrections and Penology SJ-7 26 4/26/2005 Scrivener's error corrected 27 28 29 VERSIONS OF THIS BILL 30 31 1/13/2005 32 4/25/2005 33 4/26/2005 34 1 POLLED OUT OF COMMITTEE 2 MAJORITY FAVORABLE WITH AMENDMENT 3 April 25, 2005 4 5 S. 258 6 7 Introduced by Senators Fair, Martin, Bryant, Cromer and Campsen 8 9 S. Printed 4/25/05--S. [SEC 4/26/05 2:23 PM] 10 Read the first time January 13, 2005. 11 12 13 THE COMMITTEE ON CORRECTIONS AND PENOLOGY 14 To whom was referred a Bill (S. 258) to amend the Code of 15 Laws of South Carolina, 1976, by adding Section 24-1-285 so as to 16 provide that the Department of Corrections in conjunction, etc., 17 respectfully 18 REPORT: 19 Has polled the Bill out with amendment, to wit: 20 21 Amend the bill, as and if amended, by striking all after the 22 enacting words and inserting: 23 / SECTION 1. Chapter 1, Title 24 of the 1976 Code is 24 amended by adding: 25 “Section 24-1-285. The Department of Corrections, in 26 conjunction with the Department of Commerce, shall develop and 27 maintain a marketing plan to attract private sector businesses for 28 the employment of inmates through the prison industries program. 29 The marketing plan must include, but not be limited to, provisions 30 of public advertising to establish a prison-based industry and a 31 certification by the Department of Commerce that each new 32 contract does not create an unfair competitive wage disadvantage 33 to the local economy. The negotiation of new contracts and the 34 renewal of existing contracts with private sector entities must be 35 consummated in accordance with procedures established jointly by 36 the Department of Commerce and the Department of Corrections. 37 The procedures must be drafted to ensure fairness and consistency 38 in establishing contracts with private sector entities seeking to 39 establish or continue prison-based operations whenever the wage 40 to be paid is less than the federally established minimum wage. 41 The marketing plan and the procedures for negotiating new 42 contracts and contract renewals must be submitted to and approved

1 [258-1] 1 by the Budget and Control Board prior to implementation. The 2 Department of Corrections shall annually submit an audit report of 3 the program to the Senate Corrections and Penology Committee 4 and the House Medical, Military, Public and Municipal Affairs 5 Committee. The provisions of the section may not be construed to 6 apply to traditional prison industries as authorized in Section 24-3- 7 320.” 8 SECTION 2. Chapter 1, Title 24 of the 1976 Code is amended 9 by adding: 10 “Section 24-1-290. The Director of the Department of 11 Corrections shall deduct the following from the gross earnings of 12 the inmates engaged in prison industry service work in addition to 13 any other required deductions: 14 (1) If restitution to a particular victim or victims has been 15 ordered by a court of appropriate jurisdiction, then twenty percent 16 must be used to fulfill the restitution obligation. 17 (2) If restitution to a particular victim or victims has not been 18 ordered by a court of appropriate jurisdiction, or if court-ordered 19 restitution to a particular victim or victims has been satisfied, then 20 twenty percent must be applied to the South Carolina Victim’s 21 Compensation Fund. 22 (3) Ten percent must be retained by the Department of 23 Corrections to defray the cost of the inmate’s room and board.” 24 SECTION 3. This act takes effect upon approval by the 25 Governor. / 26 Renumber sections to conform. 27 Amend title to conform. 28 29 30

1 [258-2] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 24-1-285 SO AS TO PROVIDE 13 THAT THE DEPARTMENT OF CORRECTIONS IN 14 CONJUNCTION WITH THE MATERIALS MANAGEMENT 15 OFFICE OF THE BUDGET AND CONTROL BOARD SHALL 16 DEVELOP, MAINTAIN, AND IMPLEMENT A MARKETING 17 PLAN TO ATTRACT PRIVATE SECTOR BUSINESSES FOR 18 THE EMPLOYMENT OF INMATES THROUGH THE PRISON 19 INDUSTRIES PROGRAM; AND BY ADDING SECTION 20 24-1-290 SO AS TO PROVIDE THAT THE DIRECTOR OF THE 21 DEPARTMENT OF CORRECTIONS MAY ENTER INTO 22 CONTRACTS WITH PRIVATE SECTOR ENTITIES THAT 23 ALLOW INMATE LABOR TO BE PROVIDED FOR PRISON 24 INDUSTRY SERVICE WORK. 25 26 Be it enacted by the General Assembly of the State of South 27 Carolina: 28 29 SECTION 1. Chapter 1, Title 24 of the 1976 Code is amended by 30 adding: 31 32 “Section 24-1-285. The Department of Corrections, in 33 conjunction with the Materials Management Office of the Budget 34 and Control Board, shall develop and maintain a marketing plan to 35 attract private sector businesses for the employment of inmates 36 through the prison industries program. The negotiation of new 37 contracts and renewal of existing contracts with private sector 38 entities must be consummated in accordance with procedures 39 established jointly by the Materials Management Office of the 40 Budget and Control Board and the Department of Corrections. 41 Regulations must be promulgated to ensure equity and fairness in

1 [258] 1 1 the recruiting of businesses whenever the wage to be paid is less 2 than the federally established minimum wage.” 3 4 SECTION 2. Chapter 1, Title 24 of the 1976 Code is amended by 5 adding: 6 7 “Section 24-1-290. The Director of the Department of 8 Corrections may enter into contracts with private sector entities 9 that allow for inmate labor to be provided for prison industry 10 service work and export work that involves exportation of 11 products. The use of this inmate labor may not result in the 12 displacement of employed workers within the local region in 13 which the work is being performed. Service work is defined as 14 any work such as repair or replacement of original manufactured 15 items, packaging, sorting, recycling, labeling, or similar work that 16 is not original manufacturing. Export work is defined as any work 17 which results in a product that is exported for sale outside the 18 United States which is not involved in interstate commerce. The 19 department may negotiate the wage to be paid for inmate labor 20 provided under prison industry service work contracts, and these 21 wages may be less than the prevailing wage for work of a similar 22 nature in the private sector. However, the Director of the 23 Department of Corrections shall deduct the following from the 24 gross earnings of the inmates engaged in prison industry service 25 work in addition to any other required deductions: 26 (1) if restitution to a particular victim or victims has been 27 ordered by a court of appropriate jurisdiction, then twenty percent 28 must be used to fulfill the restitution obligation; 29 (2) if restitution to a particular victim or victims has not 30 been ordered by a court of appropriate jurisdiction, or if 31 court-ordered restitution to a particular victim or victims has been 32 satisfied, then twenty percent must be applied to the South 33 Carolina Victim’s Compensation Fund; 34 (3) ten percent must be retained by the Department of 35 Corrections to defray the cost of the inmate’s room and board.” 36 37 SECTION 3. This act takes effect upon approval by the 38 Governor. 39 ----XX---- 40

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