South Carolina 2025-2026 Regular Session

South Carolina House Bill H5357

Introduced
3/11/26  

Caption

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.

Impact

The proposed changes could significantly alter the economic dynamics within correctional facilities and impact the broader state laws associated with labor and inmate rights. By ensuring minimum wage compensation, this bill is positioned to enhance the fairness of inmate labor systems, which have often faced criticism for inadequate compensation. It also adds provisions for deductions from inmate wages for responsibilities such as restitution payments, child support obligations, and room and board costs, ensuring that while inmates earn wages, a portion is directed towards these essential obligations.

Summary

House Bill 5357 aims to amend the South Carolina Code of Laws to establish compensation standards for inmates. One of the key provisions of the bill is that inmates employed in correctional facilities will not be compensated at a rate less than the federal minimum wage for the work they perform. This applies across various sections of the law that govern inmate employment and compensation, ensuring that, although inmates may earn less than the prevailing wage for similar work outside the prison system, they must earn at least the federal minimum wage.

Contention

Proponents of HB 5357 argue that ensuring inmates are paid at least minimum wage establishes a more humane and just system of compensation. However, potential opponents may raise concerns about the financial implications for the Department of Corrections and how these changes could impact funding for various programs within the prisons. Additionally, discussions surrounding the amendment process highlight complexities related to existing laws and the operational capacity of correctional facilities to manage such changes effectively.

Companion Bills

No companion bills found.

Previously Filed As

SC H3559

Inmate wages

SC LB578

Change provisions relating to compensation and employment of jail and prison inmates and disbursements of such funds and require payment of the minimum wage for inmates and government employees

SC S09812

Relates to providing more predictable and stable schedules for employees in low-wage occupations; provides that an employer shall pay an employee for at least 4 hours at the basic minimum hourly wage for each day an employee reports for work as instructed but is given less than four hours of work.

SC A01434

Relates to providing more predictable and stable schedules for employees in low-wage occupations; provides that an employer shall pay an employee for at least 4 hours at the basic minimum hourly wage for each day an employee reports for work as instructed but is given less than four hours of work.

SC S02479

Relates to providing more predictable and stable schedules for employees in low-wage occupations; provides that an employer shall pay an employee for at least 4 hours at the basic minimum hourly wage for each day an employee reports for work as instructed but is given less than four hours of work.

SC A00846

Relates to providing more predictable and stable schedules for employees in low-wage occupations; provides that an employer shall pay an employee for at least 4 hours at the basic minimum hourly wage for each day an employee reports for work as instructed but is given less than four hours of work.

SC S03842

Relates to providing more predictable and stable schedules for employees in low-wage occupations; provides that an employer shall pay an employee for at least 4 hours at the basic minimum hourly wage for each day an employee reports for work as instructed but is given less than four hours of work.

SC H4967

Inmate welfare notices

SC H3385

Inmate work camps

SC H3135

Prisoners

Similar Bills

No similar bills found.