H 5357

South Carolina General Assembly
126th Session, 2025-2026
Bill 5357
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 SECTION
24-3-230 SO AS TO PROVIDE FOR THE COMPENSATION OF CERTAIN INMATES; BY AMENDING
SECTION 24-1-295, RELATING TO INMATES EMPLOYED FOR WORK INVOLVING EXPORTATION
OF PRODUCTS, SO AS TO PROVIDE INMATES MAY NOT BE COMPENSATED LESS THAN AN
HOURLY RATE EQUAL TO THE FEDERAL MINIMUM WAGE; BY AMENDING SECTION 24-3-20,
RELATING TO CONVICTED PERSONS, CUSTODY, PLACE OF CONFINEMENT, WORK RELEASE AND
TRAINING PROGRAMS, LITTER REMOVAL, AND RESTITUTION PROGRAMS, SO AS TO PROVIDE
INMATES MAY NOT BE COMPENSATED LESS THAN AN HOURLY RATE EQUAL TO THE FEDERAL
MINIMUM WAGE; BY AMENDING SECTION 24-3-27, RELATING TO LOCAL REGIONAL
CORRECTIONAL FACILITIES AND EMPLOYMENT OF INMATES, SO AS TO PROVIDE INMATES MAY
BE COMPENSATED LESS THAN THE PREVAILING WAGE FOR WORK OF A SIMILAR NATURE IN
THE PRIVATE SECTOR, BUT NOT LESS THAN AN HOURLY RATE EQUAL TO THE FEDERAL
MINIMUM WAGE; AND BY AMENDING SECTION 24-3-30, RELATING TO PLACES OF INMATE
CONFINEMENT, SO AS TO PROVIDE INMATES MAY BE COMPENSATED LESS THAN THE
PREVAILING WAGE FOR WORK OF A SIMILAR NATURE IN THE PRIVATE SECTOR, BUT NOT
LESS THAN AN HOURLY RATE EQUAL TO THE FEDERAL MINIMUM WAGE.
Be it enacted by the
General Assembly of the State of South Carolina:
SECTION 1.  Article 1, Chapter 3, Title 24 of the S.C. Code is
amended by adding:
    Section
24-3-230.   Notwithstanding another provision of law to the contrary, an inmate
incarcerated in a Department of Corrections facility or a local detention
facility not subject to the provisions contained in Sections 24-1-295,
24-3-20(B), 24-3-27(B), 24-3-30(C), or 24-3-430(D) may not be compensated for
less than an hourly rate equal to the federal minimum wage for work performed
while incarcerated.
SECTION 2.  Section 24-1-295 of the S.C. Code is amended to read:
    Section
24-1-295.  The Director of the Department of
Corrections may enter into contracts with private sector entities that allow
inmate labor to be provided for prison industry service work and export work
that involves exportation of products. The use of inmate labor may not result
in the displacement of employed workers within the local region in which work
is being performed. Pursuant to this section, service work is defined as any
work that includes repair, replacement of original manufactured items,
packaging, sorting, recycling, labeling, or similar work that is not original
equipment manufacturing. The department may negotiate the wage to be paid for
inmate labor provided under prison industry service work contracts and export
work contracts, and these wages may be less than the prevailing wage for work
of a similar nature in the private sector, but may not be less
than an hourly rate equal to the federal minimum wage. However, the
Director of the Department of Corrections shall deduct the following from the
gross earnings of the inmates engaged in prison industry service work in
addition to any other required deductions:
    (1)
If restitution to a particular victim or victims has been ordered by a court of
appropriate jurisdiction, then twenty percent must be used to fulfill the
restitution obligation.
    (2)
If restitution to a particular victim or victims has not been ordered by a
court of appropriate jurisdiction, or if the court-ordered restitution to a
particular victim or victims has been satisfied, then twenty percent must be
applied to the South Carolina Victim Compensation Fund.
    (3)
Thirty-five percent must be used to pay the prisoner's child support
obligations pursuant to law, court order, or agreement of the prisoner. These
child support monies must be disbursed to the guardian of the child or children
or to appropriate clerks of court, in the case of court ordered child support,
for application toward payment of child support obligations, whichever is
appropriate. If there are no child support obligations, then twenty-five
percent must be used by the Department of Corrections to defray the cost of the
prisoner's room and board. Furthermore, if there are no child support
obligations, then ten percent must be made available to the inmate during his
incarceration for the purchase of incidentals pursuant to item (4). This is in
addition to the ten percent used for the same purpose in item (4).
    (4)
Ten percent must be made available to the inmate during his incarceration for
the purchase of incidentals. Any monies made available to the inmate for the
purchase of incidentals also may be distributed to the person or persons of the
inmate's choice.
    (5)
Ten percent must be held in an interest bearinginterest-bearing escrow account for the benefit of the
prisoner.
    (6)
The remaining balance must be used to pay federal and state taxes required by
law. Any monies not used to satisfy federal and state taxes must be made
available to the inmate for the purchase of incidentals pursuant to item (4).
SECTION 3.  Section 24-3-20(B) of the S.C. Code is amended to read:
    (B) When the director determines that
the character and attitude of a prisoner reasonably indicates that he may be
trusted, he may extend the limits of the place of confinement of the prisoner
by authorizing him to work at paid employment or participate in a training
program in the community on a voluntary basis while continuing as a prisoner,
if the director determines that:
       (1)
the paid employment will not result in the displacement of employed workers,
nor be applied in skills, crafts, or trades in which there is surplus of
available gainful labor in the locality, nor impair existing contracts for
services; and
       (2)
the rates of pay and other conditions of employment will
both:
  (a) not be less than those paid
and provided for work of similar nature in the locality in which the work is to
be performed; and
  (b) not be less than an hourly rate
equal to the federal minimum wage.
       The department
shall notify victims registered pursuant to Article 15, Chapter 3, Title 16 and
the trial judge, solicitor, and sheriff of the county or the law enforcement
agency of the jurisdiction where the offense occurred before releasing inmates
on work release. However, the trial judge may waive his right to receive the
notification contained in this section by notifying the department of this
waiver in writing. The department has the authority to deny release based upon
opinions received from these persons, if any, as to the suitability of the
release.
       A prisoner's place
of confinement may not be extended as permitted by this subsection if the
prisoner:
  (a)
is currently serving a sentence for or has a prior conviction for criminal
sexual conduct in the first, second, or third degree; attempted criminal sexual
conduct;  assault with intent to commit criminal sexual conduct; criminal
sexual conduct when the victim is his legal spouse; criminal sexual conduct
with a minor;  engaging a child for sexual performance; spousal sexual battery;
a harassment or stalking offense pursuant to Article 17, Chapter 3, Title 16,
or a burglary offense pursuant to Section 16-11-311 or 16-11-312(B); or
  (b)
is currently serving a sentence for a violent offense as defined in Section
16-1-60, except that a prisoner serving a sentence for kidnapping, pursuant to
Section 16-3-910, voluntary manslaughter, pursuant to Section 16-3-50, armed
robbery, pursuant to Section 16-11-330(A), attempted armed robbery, pursuant to
Section 16-11-330(B), burglary in the second degree, pursuant to Section
16-11-312(B), or carjacking, pursuant to Section 16-3-1075 may be eligible to
participate in the work release programs so long as the prisoner is within
three years from the date of his release from incarceration, and the prisoner
is not serving a sentence involving criminal sexual conduct or other violent
crime, as classified under Section 16-1-60.
       (3)
A prisoner who is serving a sentence for a "no parole offense" as defined in
Section 24-13-100 and who is otherwise eligible for work release shall not have
his place of confinement extended until he has served the minimum period of
incarceration as set forth in Section 24-13-125.
SECTION 4.  Section 24-3-27(B) of the S.C. Code is amended to read:
    (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. The wages
paid for such employment may be less than the prevailing wage for work of a
similar nature in the private sector, but not less than an hourly rate equal to
the federal minimum wage. 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.
SECTION 5.  Section 24-3-30(C) of the S.C. Code is amended to read:
    (C) Each county or municipal
administrator, or the equivalent, having charge of any local detention
facilities, upon the department's designating the local facilities as the place
of confinement for a prisoner, may use the prisoner assigned to them for the
purpose of working the roads of the entity or for other public work. The wages paid for such work may be less than the prevailing
wage for work of a similar nature in the private sector, but not less than an
hourly rate equal to the federal minimum wage. A prisoner assigned to
the county must be under the custody and control of the administrator or the
equivalent during the period to be specified by the director at the time of the
prisoner's assignment, but the assignment must be
terminated at any time the director determines that the place of confinement is
unsuitable or inappropriate, or that the prisoner is employed on other than
public works. If, upon termination of the assignment, the prisoner is not
returned, habeas corpus lies. At the expiration or termination of a contract
with a nongovernmental agency, all prisoners must be returned to the department
or to the legally responsible entity of local government. If a prisoner is not
returned by a nongovernmental entity when directed, then habeas corpus lies.
SECTION 6.  This act takes effect upon approval
by the Governor.
----XX----
This web page was last updated on March 11, 2026 at 11:16 AM