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.
S.C. Code Ann. § 24-3-315
Determinations prerequisite to selecting prison industry program projects
Applied in 5 court decisions — leading case Ackerman v. South Carolina Department of Corrections (2016)
Most recently applied in Gatewood v. South Carolina Department of Corrections (March 2016)
1987 Act No. 177 SECTION 2; 1993 Act No. 181, SECTION 409.
Official source: South Carolina Legislature. Reproduced from public-domain South Carolina statutes; confirm against the official source for the current text. Not legal advice.