H 3174

South Carolina General Assembly
126th Session, 2025-2026
Bill 3174
Indicates Matter Stricken
Indicates New Matter
(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)
A bill
TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE
17 TO CHAPTER 13, TITLE 24 SO AS TO ESTABLISH A STATE WORK PROGRAM WITHIN THE
DEPARTMENT OF CORRECTIONS.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Chapter 13, Title 24 of the S.C. Code is amended by
adding:
Article 17
State Work Program
    Section
24-13-1710.  As used in this article:
    (1)
"Eligible inmate" means a person committed to the South Carolina Department of
Corrections who:
       (a)
has been convicted of a nonviolent crime; and
       (b)
is physically able to participate in the state work program.
    (2)
"State work program" means a program in which eligible inmates are ordered by
the court to participate and serve not less than three years and not more than
five in an incarceration facility and requires an inmate to work an eight-hour
day for five days a week maintaining state and county roads and property, mow
grass and pick up litter along state and county roads, and repair potholes
along state and county roads.
    (3)
"Director" means the Director of the Department of Corrections.
    Section
24-13-1720.  (A) The director,
guided by consideration for the safety of the community and the welfare of an
inmate, shall promulgate regulations, according to procedures set forth in the
Administrative Procedures Act, for the state work program. The regulations must
reflect the purpose of the program and include, but are not limited to,
selection criteria, inmate discipline, programming and supervision, and program
structure and administration.
    (B)
The program may be established only at an institution classified by the
director as a state work facility.
    (C)
The department shall undertake studies and prepare reports periodically on the
impact of the program and on whether the programmatic objectives are met.
    Section
24-13-1730.  (A) A court may order
an eligible inmate be sentenced to the state work program. If an eligible
inmate is sentenced to the state work program, he must be transferred to the
custody of the department for evaluation.
    (B)
The department must evaluate the inmate to determine whether the inmate is
physically, psychologically, and emotionally able to participate in this
program.
    (C)
The director shall notify the court within fifteen working days if the inmate
is physically, psychologically, or emotionally unsuitable for participation in
the state work program. An unsuitable inmate must be returned to court for
sentencing to another term as provided by law.
    (D)
An applicant may not participate in the program unless he agrees to be bound by
all of its terms and conditions and indicates this by signing the following:
    "I accept the
foregoing program and agree to be bound by its terms and conditions. I
understand that my participation in the program is a privilege that may be
revoked at the sole discretion of the director. I understand that I shall
complete the entire program successfully to obtain a certificate of earned
eligibility upon the completion of the program, and if I do not complete the
program successfully, for any reason, I will be returned to court for
sentencing to another term as provided by law."
    (E)
An inmate who has completed the state work program successfully is eligible to
receive a certificate of earned eligibility and must be granted parole release
if he has executed the agreement contained in subsection (D).
    (F)
Nothing contained in this article confers upon an inmate the right to
participate or continue to participate in the program.
    Section
24-13-1740.  (A) If an inmate
sentenced to a state work program:
       (1)
becomes ill and is unable to work, he will not be required to work during the
duration of his illness. However, the inmate would not be eligible to receive
credit towards his sentence while recovering from his illness;
       (2)
is unable to work due to inclement weather or the facility's inability to find
suitable work for the inmate, then the inmate would be eligible to receive
credit towards his sentence during this period; or
       (3)
refuses to perform assigned tasks for a period of time, he must be terminated
from the program and resentenced by the judge who initially sentenced him to
the state work program.
    (B)
State work program work crews shall not consist of more than five inmates and
must be monitored by a GPS device.
    (C)
A Department of Corrections employee who mistreats a member of a state work
program work crew is guilty of a misdemeanor and, upon conviction, must be
imprisoned for not more than two years.
    (D)
It is unlawful for a person who is not employed by the Department of
Corrections to approach a member of a state work program work crew. A person
who violates this provision is guilty of a misdemeanor and, upon conviction,
may be imprisoned for not more than thirty days.
SECTION 2.  This act takes effect upon approval
by the Governor.
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This web page was last updated on December 06, 2024 at 10:42 AM