When a person is apprehended or in confinement according to law in a county in this State where the jail may be destroyed or rendered uninhabitable by fire or other accident, he must be committed to the jail nearest to the one destroyed for safekeeping. However, the jail must have sufficient bed space. If the jail does not have sufficient bed space, then the official in charge of the jail that was destroyed, or rendered uninhabitable shall contact the facility managers of the jails in the nearest proximity and utilize any available resources to receive and keep the prisoners in custody. The facility managers of this State may enter into mutual aid agreements to assist each other in the event of an emergency or as other needs arise. If sufficient resources are not available within the several counties, then the official in charge of the jail that was destroyed or rendered uninhabitable may request the assistance of the South Carolina Department of Corrections and its resources until the emergency has passed.
HISTORY: 1962 Code Section 55-428; 1952 Code Section 55-428; 1942 Code Section 1951; 1932 Code Section 1951; Cr. C. '22 Section 933; Cr. C. '12 Section 935; Cr. C. '02 Section 649; G. S. 2701; R. S. 536; 1812 (5) 672; 1839 (11) 47; 2010 Act No. 237, Section 47, eff June 11, 2010.
Effect of Amendment
The 2010 amendment rewrote the section.
Structure South Carolina Code of Laws
Title 24 - Corrections, Jails, Probations, Paroles and Pardons
Section 24-5-12. Devolving certain duties concerning jails on governing body of county.
Section 24-5-20. Appointment of facility managers.
Section 24-5-30. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010.
Section 24-5-50. Keeping prisoners committed by coroner.
Section 24-5-60. Keeping prisoners committed by United States.
Section 24-5-70. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010.
Section 24-5-90. Discrimination in treatment of prisoners.
Section 24-5-100. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010.
Section 24-5-110. Return to court of names of prisoners.
Section 24-5-120. Facility manager's annual report on condition of jail.
Section 24-5-130. Leaving jails unattended.
Section 24-5-140 to 24-5-160. Repealed by 2010 Act No. 237, Section 91, eff June 11, 2010.
Section 24-5-170. Removal of prisoners in case of destruction of jail.
Section 24-5-200. Short title.
Section 24-5-220. Mutual aid and assistance agreements.
Section 24-5-230. Construction of article.
Section 24-5-300. Definitions.
Section 24-5-320. Pre-service training; comprehensive test.
Section 24-5-330. Physical competence and capability.
Section 24-5-340. Additional requirements.
Section 24-5-350. Duties of reserve detention officer; supervision.
Section 24-5-360. Additional training to become full-time jailer or detention officer.
Section 24-5-370. Reserve identification card for former full-time detention officers.