reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-145. Transfer or exchange of foreign convicted offenders.

Notwithstanding any other provisions of law, when any treaty between the United States and a foreign country provides for the transfer or exchange of convicted offenders to the country of which they are citizens or nationals, the Governor, on behalf of this State, shall be authorized, subject to the terms of such treaty, to permit the Director of the Department of Corrections to transfer or exchange offenders and take any other action necessary to participate in such treaty.
HISTORY: 1981 Act No. 42, Section 1; 1993 Act No. 181, Section 380.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-150. Annual inventory and report of prison system property; statement of fiscal affairs of system.

Annually the director shall cause a full and complete inventory of all property of every description belonging to the prison system to be made, and there shall be set opposite each item the book and actual market value of same. Such inventory shall further include a statement of the fiscal affairs of the system for the preceding fiscal year; and a sufficient number of copies of such inventory and report shall be printed to give general publicity thereto.
HISTORY: 1962 Code Section 55-304; 1960 (51) 1917; 1966 (54) 2184; 1993 Act No. 181, Section 381.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-160. Periodic reports from departments, officers and employees.

The director shall have power to require all necessary reports from any department, officer, or employee of the prison system at stated intervals.
HISTORY: 1962 Code Section 55-305; 1960 (51) 1917; 1993 Act No. 181, Section 382.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-170. Financial records.

The director shall keep, or cause to be kept, correct and accurate accounts of each and every financial transaction of the prison system, including all receipts and disbursements of every character. He shall receive and receipt for all money paid to him from every source whatsoever, and shall sign all warrants authorizing any disbursement of any sum or sums on account of the prison system. He shall keep full and correct accounts with any industry, department and farm of the prison system, and with all persons having financial transactions with the prison system.
HISTORY: 1962 Code Section 55-306; 1960 (51) 1917; 1993 Act No. 181, Section 383.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-210. Department to prosecute violations relating to treatment of convicts.

The department shall prosecute all violations of the law in reference to the treatment of convicts.
HISTORY: 1962 Code Section 55-310; 1952 Code Section 55-310; 1942 Code Section 1967; 1932 Code Section 1982; Cr. C. '22 Section 966; Cr. C. '12 Section 983; Cr. C. '02 Section 695; R. S. 576; 1885 (19) 74; 1939 (41) 107; 1960 (51) 1917; 1993 Act No. 181, Section 385.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-220. Suits to be brought in name of director.

All actions or suits at law accruing to the department shall be brought in the name of the director, who shall also appear for and defend actions or suits at law in which it is to the interest of the department to appear as a party defendant. No suit or action at law shall be brought for or defended on behalf of the department except by authority of the director.
HISTORY: 1962 Code Section 55-311; 1952 Code Section 55-311; 1942 Code Section 1971; 1932 Code Section 1971; Cr. C. '22 Section 955; Cr. C. '12 Section 959; Cr. C. '02 Section 673; G. S. 2722; R. S. 558; 1882 (18) 255; 1960 (51) 1917; 1993 Act No. 181, Section 386.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-230. Director may purchase or condemn lands for constructing building or sewer or water line.

The Department of Corrections may purchase or condemn lands for the construction of any building or sewerage or water line essential to the operation of the prison system.
HISTORY: 1962 Code Section 55-312; 1962 (52) 1905; 1987 Act No. 173 Section 17; 1993 Act No. 181, Section 387.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-250. Sale of timber and horticultural products; utilization of funds.

(A) The Department of Corrections is hereby authorized to sell mature trees and other timber suitable for commercial purposes from lands owned by the department. Prior to such sales, the director shall consult with the State Forester to determine the economic and environmental feasibility of and obtain approval for such sales. Funds derived from timber sales shall be utilized by the Department of Corrections to maintain and expand the agricultural program subject to the approval of the Department of Administration or at the discretion of the director, for projects or services benefiting the general welfare of the inmate population.
(B) The Department of Corrections is hereby authorized to sell horticultural products suitable for commercial purposes that are grown or produced through the department's horticulture program. Notwithstanding any other provision of law, the proceeds from the sale of horticultural products by the Department of Corrections shall be retained by the agency to fund services benefiting the general welfare of all inmates.
HISTORY: 1962 Code Section 55-340; 1969 (56) 100; 1981 Act No. 148, Section 8; 1982 Act No. 293, Section 1; 1993 Act No. 181, Section 388; 2008 Act No. 353, Section 2, Pt 14.C, eff July 1, 2009.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
Effect of Amendment
The 2008 amendment designated subsection (A) and added subsection (B) relating to horticultural products; and, in subsection (A), deleted the second sentence which limited sales to fifty thousand dollars in any one year, in the second sentence added "and environmental", and added the clause at the end of the third sentence following "Budget and Control Board".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-252. Retention and use of proceeds from sale of surplus products produced by farm program.

Notwithstanding another provision of law, the Department of Corrections shall retain proceeds from the sale of surplus products produced by its farm program. These funds may be used to:
(1) offset the operating costs of the farm program;
(2) expand and modernize the farm program; and
(3) support a project or service to benefit the general welfare of the prison population.
HISTORY: 2008 Act No. 353, Section 2, Pt 14A, eff July 1, 2009.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-260. Use of fees collected in clinical pastoral training program.

The Department of Corrections is hereby authorized to retain all fees collected in connection with the clinical pastoral training program conducted by the department for use in the continued operation of that program.
HISTORY: 1962 Code Section 55-313; 1971 (57) 190; 1993 Act No. 181, Section 389.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-270. Trespass or loitering on or refusal to leave State correctional properties prohibited.

(A) As used in this section, the term 'state correctional properties' includes all property under the control of the Director of the South Carolina Department of Corrections, or his agents, for the confinement of inmates or other uses pursuant to the director's responsibilities.
(B) It is unlawful for a person to:
(1) trespass or loiter on state correctional properties after notice to leave is given by the director or his authorized agents or, after lawful entry, refuse to leave the premises after notice is given; or
(2) incite, solicit, urge, encourage, exhort, instigate, or procure a person to violate the provisions of item (1) of this subsection.
(C) A person violating the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years, or both.
(D) The provisions of this section must not be construed to bar prosecution of other offenses committed on state correctional property.
HISTORY: 1962 Code Section 55-12.1; 1972 (57) 2515; 1993 Act No. 181, Section 390; 1993 Act No. 184, Section 60.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-280. Employees of Department of Corrections, Department of Juvenile Justice, or Department of Mental Health as peace officers.

An employee of the South Carolina Department of Corrections, the South Carolina Department of Juvenile Justice, or the Department of Mental Health whose assigned work location is one of the correctional facilities of the Department of Corrections or the Department of Juvenile Justice, while performing his officially assigned duty relating to the custody, control, transportation, or recapture of an inmate within the jurisdiction of his department, or an inmate of any jail, penitentiary, prison, public work, chain gang, or overnight lockup of the State or any political subdivision of it not within the jurisdiction of his department, has the status of a peace officer anywhere in the State in any matter relating to the custody, control, transportation, or recapture of the inmate.
HISTORY: 1962 Code Section 55-359; 1963 (53) 505; 1974 (58) 2175; 1999 Act No. 72, Section 2003 Act No. 12, Section 3.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-285. Organ and tissue donation program.

(A) An organ and tissue donor program is established within the Department of Corrections. The purpose of the program is to educate prisoners about the need for organ and tissue donors, the procedures required to become a registered organ donor, and, in the case of bone marrow donors, the procedures for determining the person's tissue type and the medical procedures a donor must undergo to donate bone marrow. The Medical University of South Carolina and the University of South Carolina, School of Medicine, in conjunction with the Department of Corrections, must make available to prisoners educational pamphlets and brochures concerning bone marrow donation and the bone marrow donation programs operating in this State.
(B) Organ or tissue donations, other than bone marrow donations, may be made by a prisoner, or other person, who meets the requirements contained in Section 44-43-315 and in the manner provided by Section 44-43-320. However, if the department determines that a prisoner's participation in the program would constitute a threat to security, then the department may prohibit the prisoner from participating.
(C) The department is not responsible for any costs associated with tests or other procedures required to make an organ or tissue donation, including costs associated with follow-up doctor appointments or complications arising from donation.
(D) Within its prisoner housing units, the department must display signage informing prisoners of the donor program and, upon request, must provide prisoners with a form, sufficient under the provisions of the Uniform Anatomical Gift Act, for the gift of all or part of the donor's body conditioned upon the donor's death and a document containing a summary description and explanation of the act. If the prisoner would like to make an organ or tissue donation, the department must provide the prisoner with appropriate assistance and the presence of the legally required number of witnesses. A prisoner's election to donate all or any part of his body pursuant to this section must be noted in his prison records.
(E) The department, in conjunction with appropriate medical authorities, must develop and maintain policies and procedures to:
(1) facilitate participation by interested prisoners in the bone marrow donor programs established in Article 2, Chapter 43, Title 44; and
(2) ensure that organ and tissue donations made by prisoners, other than bone marrow donations, comply with Articles 5, 7, and 11, Chapter 43 of Title 44.
(F) All organ or tissue donations, including bone marrow donations, made pursuant to this section must be made on a voluntary basis.
HISTORY: 2007 Act No. 41, Section 1, eff June 4, 2007.
Code Commissioner's Note
At the direction of the Code Commissioner, the references in the first sentence of subsection (B) were changed from "44-43-330" and "44-43-350" to "44-43-315" and "44-43-320", respectively, to reflect amendments by 2009 Act No. 4.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-310. Designation of detention and correctional facilities as fixed-state facilities.

The Department of Corrections shall petition the Federal Aviation Administration (FAA) to designate any local detention facility, or state or federal correctional facility in the State as a fixed-site facility within ninety days of the effective date of this section, pursuant to rules and regulations adopted pursuant to Section 2209 of the FAA Extension, Safety, and Security Act of 2016, Public Law No. 114-190. The department shall follow all guidance from the FAA in submitting and processing the petition. The South Carolina Aeronautics Commission shall publish designations by the FAA in accordance with this act on the commission's website.
HISTORY: 2018 Act No. 184 (S.176), Section 3, eff May 17, 2018.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 1 - Department Of Corrections › Section 24-1-320. List of designated sites and unmanned aerial vehicle boundaries.

To promote harmonization and air safety, the Department of Corrections and local detention facilities shall provide the South Carolina Aeronautics Commission a list of designated sites or facilities, and shall provide the commission with the unmanned aerial vehicle boundary in electronic format (ARGIS or AutoCAD) necessary to display the information within the Geographical Information Systems formats utilized by the commission within thirty days of the effective date of this section, and the commission shall publish the designated sites or facilities' information on the commission's website.
HISTORY: 2018 Act No. 184 (S.176), Section 4, eff May 17, 2018.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-27. Establishing local regional correctional facilities; useful employment of inmates; service of warrants on inmates.

(A) The governing bodies of counties or municipalities may join in establishing local regional correctional facilities for the confinement of persons awaiting trial or sentence on criminal charges, convicted and sentenced on criminal charges, or not otherwise eligible for confinement in state or other facilities. For this purpose, the governing bodies may:
(1) acquire, hold, construct, finance, improve, maintain, operate, own or lease, in the capacity of lessor or lessee, a local regional correctional facility for the purpose of incarcerating their own inmates, inmates of other counties or municipalities, or inmates from the Department of Corrections;
(2) form cooperative agreements for the management, supervision, and control of a local regional correctional facility, its property, assets, funds, employees, and prisoners, and other resources and liabilities as appropriate.
(B) Every sentenced person committed to a local regional correctional facility constructed or operated pursuant to this section, unless disqualified by sickness or otherwise, must be kept at some useful employment suited to his age and capacity and which may tend to promote the best interest of the citizens of this State. In all cases, the decision to assign work, or disqualify a person from work, or both, is the sole discretion of the official in charge of the facility, and in all cases, no person has a basis to challenge this decision.
(C) Notwithstanding another provision of law, an inmate confined in a regional correctional facility may be served a warrant by a law enforcement officer of a county which participates in the funding of the facility without it being countersigned by the officials of the county where the regional correctional facility is located.
HISTORY: 1995 Act No. 7, Part II, Section 42; 2004 Act No. 186, Section 1; 2010 Act No. 237, Section 2, eff June 11, 2010.
Effect of Amendment
The 2010 amendment in subsection (B) added the last sentence relating to the discretion of the official in charge.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-45. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010.

Editor's Note
Former Section 24-3-45 was entitled "Deductions from wages of inmates engaging in paid employment in the community; use of funds for victim assistance; coordination with restitution orders" and was derived from 2008 Act No. 353, Section 2, Pt 14D.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-50. Penalty for failure of prisoner to remain within extended limits of his confinement.

The wilful failure of a prisoner to remain within the extended limits of his confinement as authorized by Section 24-3-20(b), or to return within the time prescribed to the designated place of confinement, including a local facility, is an escape and is punishable as provided in Section 24-13-410.
HISTORY: 1962 Code Section 55-321.3; 1966 (54) 2180; 2010 Act No. 237, Section 5, eff June 11, 2010.
Effect of Amendment
The 2010 amendment inserted "including a local facility,", substituted "is an escape" for "shall be deemed an escape", deleted "from the custody of the Department of Corrections" following "an escape", and inserted "is" before "punishable".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-60. Notice to Department of Corrections of number of prisoners sentenced to state prison system.

The county clerks of court, upon the adjournment of the court of general session, in their respective counties, immediately shall notify the Department of Corrections of the number of prisoners sentenced by the court to imprisonment in the state prison system. The department, as soon as it receives such notice, shall send a suitable number of employees to transfer the prisoners to the state prison system.
HISTORY: 1962 Code Section 55-322; 1952 Code Section 55-322; 1942 Code Section 1983; 1932 Code Section 1983; Cr. C. '22 Section 967; Cr. C. '12 Section 986; Cr. C. '02 Section 698; G. S. 579; 1886 (19) 486; 1939 (41) 107; 1960 (51) 1917; 1993 Act No. 181, Section 394; 2010 Act No. 237, Section 6, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-70. Allowable expenses incurred in transportation of prisoners; method of payment.

No sum beyond the actual expenses incurred in transferring prisoners to the Department of Corrections must be allowed for these services. This sum must be paid to the department by the State Treasurer upon the warrant of the Comptroller General.
HISTORY: 1962 Code Section 55-323; 1952 Code Section 55-323; 1942 Code Section 1984; 1932 Code Section 1984; Cr. C. '22 Section 968; Cr. C. '12 Section 987; Cr. C. '02 Section 699; R. S. 577; 1993 Act No. 181, Section 395; 2010 Act No. 237, Section 7, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-80. Detention of prisoner when authorized by Governor.

The director of the prison system shall admit and detain in the Department of Corrections for safekeeping any prisoner tendered by any law enforcement officer in this State by commitment duly authorized by the Governor, provided, a warrant in due form for the arrest of the person so committed shall be issued within forty-eight hours after such commitment and detention. No person so committed and detained shall have a right or cause of action against the State or any of its officers or servants by reason of having been committed and detained in the state prison system.
HISTORY: 1962 Code Section 55-325; 1952 Code Section 55-325; 1942 Code Section 1969; 1932 Code Section 1961; Cr. C. '22 Section 943; Cr. C. '12 Section 947; Cr. C. '02 Section 661; G. S. 2710; R. S. 546; 1868 (14) 92; 1935 (39) 476; 1960 (51) 1917; 1993 Act No. 181, Section 396; 2010 Act No. 237, Section 8, eff June 11, 2010.
Effect of Amendment
The 2010 amendment in the second sentence, substituted "state prison system" for "penitentiary".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-81. Conjugal visits not permitted.

A prisoner who is incarcerated within the state prison system or who is being detained in a local jail, local detention facility, local correctional facility, or local prison camp, whether awaiting a trial or serving a sentence, is not permitted to have conjugal visits.
HISTORY: 1995 Act No. 7, Part I, Section 36; 2010 Act No. 237, Section 9, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-85. Sexually violent predators transferred to custody pursuant to interagency agreements.

The director of the prison system shall admit and detain in the Department of Corrections for safekeeping a person transferred to his custody pursuant to an interagency agreement authorized pursuant to Chapter 48 of Title 44.
HISTORY: 1998 Act No. 321, Section 4.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-90. Prisoners sentenced by United States authorities.

The director shall receive and safely keep at hard labor, in the prison, all prisoners sentenced to confinement, at hard labor herein, by the authority of the United States, until they shall be discharged agreeably to the laws of the United States.
HISTORY: 1962 Code Section 55-326; 1952 Code Section 55-326; 1942 Code Section 1970; 1932 Code Section 1970; Cr. C. '22 Section 954; Cr. C. '12 Section 958; Cr. C. '02 Section 672; G. S. 2721; R. S. 557; 1868 (14) 94; 1960 (51) 1917; 1993 Act No. 181, Section 397.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-93. Wearing of jewelry.

No prisoner within the state prison system shall be allowed to wear any jewelry of any description with the exception of watches not exceeding a value of $35.00 and wedding bands. For the purposes of this section jewelry shall include, but is not limited to, rings, bracelets, necklaces, earrings, anklets, nose rings, and any other ornamentation determined by the department to constitute jewelry.
HISTORY: 1995 Act No. 7, Part I, Section 34.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-110. Manufacture of license plates and road signs.

The State Department of Corrections may purchase the machinery and establish a plant for the purpose of manufacturing motor vehicle license plates and metal road signs. The charge for license plates and metal road signs sold to the Department of Motor Vehicles and the Department of Transportation shall be in line with the prices previously paid private manufacturers and all state motor vehicle license plates, metal road signs, and other signs capable of being manufactured by such a plant shall be purchased through the Department of Corrections and manufactured by it. The Department of Motor Vehicles may prescribe the specifications of plates and the Department of Transportation may prescribe the specifications of signs used, the specifications to include colors, quality, and quantity.
HISTORY: 1962 Code Section 55-332; 1952 Code Section 55-332; 1951 (47) 457; 1993 Act No. 181, Section 398; 1996 Act No. 459, Section 51.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-130. Use of inmate labor on State highways or other public projects.

(A) The Department of Corrections may permit the use of inmate labor on state highway projects or other public projects that may be practical and consistent with safeguarding of the inmates employed on the projects and the public. The Department of Transportation, another state agency, or a county, municipality, or public service district making a beneficial public improvement may apply to the department for the use of inmate labor on the highway project or other public improvement or development project. If the director determines that the labor may be performed with safety and the project is beneficial to the public, he may assign inmates to labor on the highway project or other public purpose project. The inmate labor force must be supervised and controlled by officers designated by the department but the direction of the work performed on the highway or other public improvement project must be under the control and supervision of the person designated by the agency, county, municipality, or public service district responsible for the work. No person convicted of criminal sexual conduct in the first, second, or third degree or a person who commits a violent crime while on a work release program may be assigned to perform labor on a project described by this section.
(B) The authorities involved may enter into contracts to implement the provisions of this section.
(C) Notwithstanding any other provisions of this chapter, inmates constructing work camps on county property must be supervised and controlled by armed officers and must be drawn exclusively from minimum security facilities. A work camp constructed or operated by the Department of Corrections must house only offenders classified as nonviolent. The contracting officials for the county utilizing prison inmate labor must be provided by the Department of Corrections with the most recent information concerning the composition of all work crews including the respective offenses for which the inmates have been sentenced and their custody levels.
HISTORY: 1962 Code Section 55-334; 1952 Code Section 55-334; 1942 Code Section 1964; 1933 (38) 527; 1960 (51) 1917; 1990 Act No. 569, Section 1; 1993 Act No. 181, Section 399; 2010 Act No. 237, Section 10, eff June 11, 2010.
Effect of Amendment
The 2010 amendment in subsection (A), in the first sentence deleted "prison" before "inmate labor", and made other nonsubstantive changes in subsection (A).
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-131. Supervision of inmates used on public projects.

The Department of Corrections shall determine whether an agency permitted to utilize inmate labor on public projects pursuant to Section 24-3-130 can adequately supervise the inmates. If the director determines that the agency lacks the proper personnel, the agency shall be required to reimburse the department for the cost of maintaining correctional officers to supervise the inmates. In these cases the Department of Corrections shall be responsible for adequate supervision of the inmates.
HISTORY: 1979 Act No. 132 Section 1; 1993 Act No. 181, Section 400; 2010 Act No. 237, Section 11, eff June 11, 2010.
Effect of Amendment
The 2010 amendment, in the first sentence, substituted "inmate labor" for "convict labor", in the second sentence substituted "inmates" for "convicts", and in the third sentence, substituted "these" for "all".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-140. Use of inmate labor on State House and Grounds.

The Director of the Department of Corrections shall, when called upon by the keeper of the State House and Grounds, furnish such inmate labor as he may need to keep the State House and Grounds in good order.
HISTORY: 1962 Code Section 55-335; 1952 Code Section 55-335; 1942 Code Section 3207; 1932 Code Section 3207; Civ. C. '22 Section 904; Civ. C. '12 Section 825; 1909 (26) 284; 1960 (51) 1917; 1993 Act No. 181, Section 401; 2010 Act No. 237, Section 12, eff June 11, 2010.
Effect of Amendment
The 2010 amendment substituted "inmate labor" for "convict labor".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-150. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010.

Editor's Note
Former Section 24-3-150 was entitled "Transfer of convicts to county chain gang" and was derived from 1962 Code Section 55-335.1; 1964 (53) 1795; 1966 (54) 2165; 1993 Act No. 181, Section 402.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-160. Costs of maintaining inmates by State institutions.

An institution of this State getting inmates from the state prison system by any act or joint resolution of the General Assembly is required to pay to the Director of the Department of Corrections all monies expended by him for transportation, guarding, clothing, and feeding the inmates while working for the institutions and also for medical attention, and the officer in charge of any such institution also shall execute and deliver to the director, at the end of each year, a receipt of five dollars and fifty cents each month for the work of each inmate so employed.
HISTORY: 1962 Code Section 55-336; 1952 Code Section 55-336; 1942 Code Section 1980; 1932 Code Section 1978; Cr. C. '22 Section 962; Cr. C. '12 Section 974; 1908 (25) 1201; 1960 (51) 1917; 1993 Act No. 181, Section 403; 2010 Act No. 237, Section 13, eff June 11, 2010.
Effect of Amendment
The 2010 amendment substituted "inmate" and "inmates" for "convicts" and "convicts", substituted "Prison system" for "Penitentiary", and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-170. Payments by Clemson University for use of inmates.

Clemson University shall pay to the Department of Corrections a fee for all inmates used by the college at the rate of six dollars each month and shall pay the cost of clothing, feeding, and guarding the inmates while used and also the transportation of the inmates and employees back and forth from the prison to the university.
HISTORY: 1962 Code Section 55-337; 1952 Code Section 55-337; 1942 Code Section 1980; 1932 Code Section 1978; Cr. C. '22 Section 962; Cr. C. '12 Section 974; 1908 (25) 1201; 1960 (51) 1917; 1993 Act No. 181, Section 404; 2010 Act No. 237, Section 14, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-180. Transportation and clothes for discharged inmates.

Whenever an inmate is discharged from a state prison, the Department of Corrections shall furnish the inmate with a suit of common clothes, if necessary, and transportation from the prison to his home or as near to it as can be done by public conveyances. The cost of transportation and clothes must be paid by the State Treasurer, on the draft of the department, countersigned by the Comptroller General.
HISTORY: 1962 Code Section 55-338; 1952 Code Section 55-338; 1942 Code Section 1978; 1932 Code Section 1976; Cr. C. '22 Section 960; Cr. C. '12 Section 964; Cr. C. '02 Section 678; G. S. 2727; R. S. 563; 1868 (14) 69; 1939 (41) 107; 1960 (51) 1917; 1993 Act No. 181, Section 405; 2010 Act No. 237, Section 15, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-190. Appropriation of balances for Department of Corrections.

The balance in the hands of the Department of Corrections at the close of any year, together with all other amounts received or to be received from the hire of inmates or from any other source during the current fiscal year, are appropriated for the support of the department.
HISTORY: 1962 Code Section 55-339; 1952 Code Section 55-339; 1942 Code Section 3207; 1932 Code Section 3207; Civ. C. '22 Section 904; Civ. C. '12 Section 825; 1909 (26) 284; 1960 (51) 1917; 1993 Act No. 181, Section 406; 2010 Act No. 237, Section 16, eff June 11, 2010.
Effect of Amendment
The 2010 amendment deleted "State" before "Department of Corrections", and substituted "inmates" for "convicts" and "department" for "penitentiary".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-200. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010.

Editor's Note
Former Section 24-3-200 was entitled "Transfer of prisoner to county other than county where sentenced" and was derived from 1962 Code Section 55-3.1; 1960 (51) 1779, 1917; 1971 (57) 90; 1993 Act No. 181, Section 407.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-210. Furloughs for qualified inmates of State prison system.

(A) The director may extend the limits of the place of confinement of a prisoner, where there is reasonable cause to believe he will honor his trust, by authorizing him, under prescribed conditions, to leave the confines of that place unaccompanied by a custodial agent for a prescribed period of time to:
(1) contact prospective employers;
(2) secure a suitable residence for use when released on parole or upon discharge;
(3) obtain medical services not otherwise available;
(4) participate in a training program in the community or any other compelling reason consistent with the public interest;
(5) visit a spouse, child (including stepchild, adopted child, or child as to whom the prisoner, though not a natural parent, has acted in the place of a parent), parent (including a person, though not a natural parent, who has acted in the place of a parent), brother, or sister.
(B) The director may extend the limits of the place of confinement of a terminally ill inmate for an indefinite length of time when there is reasonable cause to believe that the inmate will honor his trust.
(C) The wilful failure of a prisoner to remain within the extended limits of his confinement or return within the time prescribed to the places of confinement designated by the director is considered an escape from the custody of the director punishable as provided in Section 24-13-410.
(D) The director may not extend the benefits of this section to a person convicted of a violent crime as defined in Section 16-1-60 unless all of the following persons recommend in writing that the offender be allowed to participate in the furlough program in the community where the offense was committed:
(1) in those cases where, as applicable, the victim of the crime for which the offender is charged, or the relatives of the victim who have applied for notification pursuant to the provisions of Article 15, Chapter 3, Title 16 if the victim has died;
(2) the law enforcement agency which employed the arresting officer of the offender; and
(3) the solicitor in whose circuit the offender was convicted.
HISTORY: 1962 Code Section 55-303.1; 1967 (55) 290; 1980 Act No. 414; 1993 Act No. 181, Section 408; 1994 Act No. 477, Section 1; 2017 Act No. 49 (S.271), Section 2, eff May 19, 2017.
Effect of Amendment
2017 Act No. 49, Section 2, in (A)(5), deleted "or attend the funeral of" following "visit".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-220. Inmate privileges; attending funeral service; visiting family member in the hospital; transportation; notification.

(A) Notwithstanding another provision of law, when the parent or parent substitute identified on an inmate's visitation list, sibling, spouse, child, grandparent, or grandchild of an inmate becomes seriously ill to the point of imminent death, or dies, and when the department has determined that there is no security risk to the public or institution, an inmate must be offered the choice either to attend the person's viewing or funeral service or, prior to the person's death, to visit the person in the hospital. The location of the viewing, funeral, or hospital visit must be in South Carolina.
(B) The department must verify the person's relationship to the inmate and the person's illness or death.
(C) The department shall provide the necessary security and transportation for the inmate. The department also may engage the services of the sheriff or any other certified law enforcement officer in order to provide the necessary security and transportation for the inmate. The department, sheriff, or other certified law enforcement officer that provides security and transportation for the inmate may collect the actual cost for security and transportation. The charge may not exceed the actual expense incurred by the department, sheriff, or other law enforcement agency. The charge must be collected in advance from a third party on behalf of the inmate or, if no third party pays, through a deduction from the inmate's trust account.
(D) When applicable, the department shall notify the victim of the crime of which the inmate was convicted, or adjudicated guilty of committing, and notify the relatives of the victim who have applied for notification, as provided in Section 16-3-1530.
HISTORY: 2017 Act No. 49 (S.271), Section 1, eff May 19, 2017.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-310. Declaration of intent.

Since the means now provided for the employment of prison labor is inadequate to furnish a sufficient number of inmates with employment, it is the intent of this article to:
(1) further provide more adequate, regular, and suitable employment for the inmates of this State, consistent with proper penal purposes;
(2) further utilize the labor of inmates for self-maintenance and for reimbursing this State for expenses incurred by reason of their crimes and imprisonment;
(3) effect the requisitioning and disbursement of prison products directly through established state authorities with no possibility of private profits; and
(4) provide prison industry projects designed to place inmates in a realistic working and training environment in which they are able to acquire marketable skills and to make financial payments for restitution to their victims, for support of their families, and for the support of themselves in the institution.
HISTORY: 1962 Code Section 55-341; 1960 (51) 1933; 1987 Act No. 177, Section 1; 2010 Act No. 237, Section 17, eff June 11, 2010.
Effect of Amendment
The 2010 amendment, in the first sentence, substituted "prison labor" for "convict labor", substituted "inmates" for "convicts" throughout, and in item (3) deleted "therefrom" after "private profits".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-315. Determinations prerequisite to selecting prison industry project.

The Department of Corrections shall ensure that inmates participating in any prison industry program pursuant to the Justice Assistance Act of 1984 is on a voluntary basis. The director must determine prior to using inmate labor in a prison industry project that it will not displace employed workers, that the locality does not have a surplus of available labor for the skills, crafts, or trades that would utilize inmate labor, and that the rates of pay and other conditions of employment are not less than those paid and provided for work of similar nature in the locality in which the work is performed.
HISTORY: 1987 Act No. 177 Section 2; 1993 Act No. 181, Section 409.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-320. Purchase of equipment and materials and employment of personnel for establishment and maintenance of prison industries.

The Department of Corrections may purchase, in the manner provided by law, equipment, raw materials, and supplies and engage the supervisory personnel necessary to establish and maintain for this State at any penal farm or institution now, or hereafter, under control of the department, industries for the utilization of services of inmates in the manufacture or production of such articles or products as may be needed for the construction, operation, maintenance, or use of any office, department, institution, or agency supported in whole or in part by this State and its political subdivisions.
HISTORY: 1962 Code Section 55-342; 1960 (51) 1933; 1993 Act No. 181, Section 410; 2010 Act No. 237, Section 18, eff June 11, 2010.
Effect of Amendment
The 2010 amendment deleted "State" before "Department of Corrections", deleted "the penitentiary or" before "", and made other nonsubstantive changes.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-330. Purchase of products produced by inmate labor by State and political subdivisions.

(A) All offices, departments, institutions, and agencies of this State supported in whole or in part by this State shall purchase, and all political subdivisions of this State may purchase, from the Department of Corrections, articles or products made or produced by inmate labor in this State or another state as provided for by this article. These articles and products must not be purchased by an office, a department, an institution, or an agency from another source, unless excepted from the provisions of this section, as provided by law. All purchases must be made from the Department of Corrections, upon requisition by the proper authority of the office, department, institution, agency, or political subdivision of this State requiring the articles or products.
(B) The Materials Management Office of the Division of General Services shall monitor the cooperation of state offices, departments, institutions, and agencies in the procurement of goods, products, and services from the Division of Prison Industries of the Department of Corrections.
HISTORY: 1962 Code Section 55-343; 1960 (51) 1933; 1981 Act No. 56 Section 1; 1993 Act No. 181, Section 411; 1995 Act No. 7, Part II, Section 55; 2010 Act No. 237, Section 19, eff June 11, 2010.
Effect of Amendment
The 2010 amendment in the first sentence of subsection (A), substituted "inmate labor" for "convict labor".
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-340. Circumstances warranting State's purchasing products other than those produced by convict labor.

Notwithstanding the provisions of Sections 24-3-310 to 24-3-330 and 24-3-360 to 24-3-420, no office, department, institution, or agency of this State, which is supported in whole or in part by this State, shall be required to purchase any article or product from the Department of Corrections unless the purchase price of such article or product is no higher than that obtainable from any other producer or supplier.
HISTORY: 1962 Code Section 55-344.01; 1962 (52) 1741; 1993 Act No. 181, Section 412; 2010 Act No. 237, Section 20, eff June 11, 2010.
Effect of Amendment
The 2010 amendment made nonsubstantive changes.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-350. Dry-cleaning facilities.

The State Department of Corrections may install dry-cleaning facilities at any institution under its supervision; provided, however, that these facilities shall be used only for cleaning State-owned uniforms of security personnel employed by the Department.
HISTORY: 1962 Code Section 55-344.1; 1968 (55) 3086.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-360. Annual preparation of catalogues describing articles produced by convict labor.

The State Department of Corrections shall cause to be prepared, annually, at times it may determine, catalogues containing the description of all articles and products manufactured or produced under its supervision pursuant to the provisions of this article. Copies of this catalogue must be sent by it to all offices, departments, institutions, and agencies of this State and made accessible to all political subdivisions of this State referred to in Sections 24-3-310 to 24-3-330. At least thirty days before the beginning of each fiscal year, the proper official of each office, department, institution, or agency, when required by the Department of Corrections, shall report to the department estimates for fiscal year of the kind and amount of articles and products reasonably required for the ensuing year, referring in the estimates to the catalogue issued by the department insofar as articles and products indicated are included in this catalogue. However, nothing in this chapter prohibits a state office, department, institution, or agency or the political subdivisions of this State from contacting and requesting the Department of Corrections to manufacture or produce articles or products similar, but not identical, to articles or products listed in the catalogue.
HISTORY: 1962 Code Section 55-345; 1960 (51) 1933; 1993 Act No. 181, Section 413; 1995 Act No. 7, Part II, Section 56.
2023 South Carolina Code of Laws › Title 24 - Corrections, Jails, Probations, Paroles and Pardons › Chapter 3 - State Prison System › Section 24-3-370. Priority of product distribution.

The articles or products manufactured or produced by inmate labor in accordance with the provisions of this article shall be devoted, first, to fulfilling the requirements of the offices, departments, institutions, and agencies of this State which are supported in whole or in part by this State; and, secondly, to supplying the political subdivisions of this State with such articles or products.
HISTORY: 1962 Code Section 55-346; 1960 (51) 1933; 2010 Act No. 237, Section 21, eff June 11, 2010.
Effect of Amendment
The 2010 amendment substituted "inmate labor" for "convict labor".