Could an Edgefield County sheriff use jail vending-machine proceeds for recreation benefiting inmates?

Plain-English summary

In a 1997 informal opinion, an assistant attorney general said the proceeds of vending machines at the Edgefield County Jail could be considered public funds. He thought a recreation program benefiting the general inmate population appeared permissible. He drew on earlier AG opinions distinguishing such a general program from spending the proceeds for individual inmates and said county ordinances or policies could also control the use.

The author knew of no state statute or regulation prescribing accounting for this type of revenue and was told no local ordinance addressed it. He recommended that the sheriff account for the proceeds as he accounted for other public funds. The opinion did not declare a particular accounting method mandatory.

Currency note

This opinion was issued in 1997. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Q: Were vending-machine coins at the jail private money?
A: The opinion said they could be public funds even though they did not come from taxes. It relied on earlier AG opinions defining public funds more broadly.

Q: Could the sheriff spend that revenue on recreation for all inmates?
A: The author said a program benefiting the general inmate population appeared permissible and could serve a public purpose, subject to any relevant local ordinance or policy.

Q: Did the opinion approve spending the proceeds on individual inmates?
A: No. It quoted an earlier AG view that public canteen profits should not be used for individual inmates, distinguishing a program for the population generally.

Q: Did a special state accounting rule govern the vending proceeds?
A: The author said he was unaware of one. He recommended treating the money for accounting purposes like other public funds.

Background and legal framework

Edgefield County's attorney described machines used by prisoners and visitors, with proceeds placed in a recreation account designated by the sheriff. The letter relied on prior AG discussions of jail canteen money and public funds. It emphasized the public-purpose basis for a program benefiting inmates generally and the relevance of county policies. Its accounting statement was a recommendation in the absence of an identified specific rule.

This was an informal opinion signed by an assistant attorney general, not a formal opinion personally reviewed by the Attorney General.

Citations and references

• The opinion cited earlier South Carolina AG letters dated June 1, 1992, April 14, 1993, and August 14, 1995 on jail vending and canteen proceeds.

Official title

Informing that there are drink and other vending machines located within the Edgefield County Jail which are used by the prisoners and visitors to the County Jail. Coins removed from these machines have been placed in an account designated by the Sheriff, who is also the Chief Jail Keeper, as a recreation fund, and this opinion addresses whether this is an appropriate use of the fund.

Requester

Thomas A. Mims, Esquire

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/january-23-1997-1/
• Original PDF: https://www.scag.gov/wp-content/uploads/1997/01/97jan23mims.pdf

Original opinion text

The State of South Carolina

OFFICE OF THE ATTORNEY GENERAL
CHARLES MOLONY CONDON
ATTORNEY GENERAL

January 23, 1997

Thomas A. Mims, Esquire
Edgefield County Attorney
118 Courthouse Square
Post Office Box 150
Edgefield, South Carolina 29824-0150
Re:

Informal Opinion

Dear Mr. Mims:

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You have informed this Office that there are drink and other vending machines located within the Edgefield County Jail which are used by the prisoners and visitors to the County Jail. Coins removed from these machines have been placed in an account designated by the Sheriff, who is also the Chief Jail Keeper, as a recreation fund. The fund is to be used for recreation of the inmates. You ask whether it is proper for the Sheriff to use the fund for this purpose. Further, you ask whether the Sheriff must have an accounting of the use of the money in this fund. In previous opinions, this Office has addressed the handling of money generated by vending machines and canteens housed within jails. Ops.Atty.Gen. dated August 14, 1995; April 14, 1993; and June 1, 1992. The June 1, 1992 opinion cites another opinion of this Office dated November 15, 1985 which recognized that: "public funds" are those monies belonging to a government, be it state, county, municipal or other political subdivision in the hands of a public official .. . . Such funds are not necessarily limited to tax moneys .... The 1985 Opinion determined that athletic, bookstore or canteen funds generated by State colleges or universities should be considered "public funds" and, therefore, must

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POST OFFICE Box 11549

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TELEPHONE:

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Mr. Mims
Page 2
January 23, 1997
be spent in a manner consistent with State law. That opinion determined that while these funds were not "State funds," thereby requiring transfer to the State Treasurer, they were "public funds" and were subject to such legislative directives and restrictions "as the General Assembly may provide." We have also previously concluded that "... there is no Constitutional or statutory power for a State agency to give public funds to a private foundation or other corporation or individual except in payment for goods and services." Op. Atty. Gen. dated April 26, 1983. Specifically, with respect to jail canteen funds, the June 1, 1992 opinion further states:

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I am unaware of any State statute or regulation which provides for the manner of use of jail canteen profits. Consistent with the prior opinions cited above [referenced herein], it appears that such profits could be considered "public funds" and accordingly should not be used for individual inmates. Inasmuch as such profits may be considered public funds, utilization of such profits for the entire inmate population could probably be authorized. A program benefiting the welfare of the general inmate population could be construed as meeting a public purpose test. Of course, in evaluating the use of such profits, consideration must be given to relevant county ordinances or policies which may control. Consistent with these previous opinions, the funds generated by the vending machines housed within the Edgefield County Jail could be considered public funds. A program such as the one described in your request would seemingly benefit the general inmate population. Therefore, such a program would appear to be permissible. In regards to your question concerning whether the Sheriff must have an accounting of the monies generated by the drink and vending machines, I am unaware of any state statute or regulation concerning the accounting of these types of funds. Further, you have informed this Office that there are no local ordinances covering the use of these funds. Therefore, since these funds may be considered "public funds," I would recommend that the Sheriff treat these funds for accounting purposes as he treats all other "public funds." This letter is an informal opinion only. It has been written by a designated assistant attorney general and represents the position of the undersigned attorney as to the

Mr. Mims
Page 3
January 23, 1997
specific questions asked. It has not, however, been personally scrutinized by the Attorney General nor officially published in the manner of a formal opinion. With kindest regards, I remain

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Paul M. Koch
Assistant Attorney General

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