Was the Marion County sheriff responsible for inmates in a county prison camp run by the county administrator?

Plain-English summary

In 2013, South Carolina's Attorney General said responsibility for inmates at the Marion County Prison Camp lay with the county administrator, assuming the facts reported to the office were accurate. The county had transferred custody and control of its detention center to the sheriff but had not transferred the separate prison camp. The administrator still supervised that camp and appointed its director.

The AG acknowledged the general statute giving sheriffs custody of county jails. It also pointed to provisions recognizing that a county's chief administrative officer can control a jail or county prison facility. Its answer depended on who actually had authority over this camp, rather than on the sheriff's title alone.

What this means for you

Marion County sheriff and jail staff

The opinion distinguished the detention center transferred to the sheriff from the prison camp left under county administration. On those facts, it did not assign the camp's inmates to the sheriff's responsibility.

County administrators and prison-camp managers

Because the administrator retained supervision of the camp and appointed its director, the AG placed ultimate inmate responsibility with that office. The conclusion was expressly based on the reported local arrangement.

Other counties

The opinion cites both the usual sheriff-custody rule and statutes recognizing county-administrator control in some settings. It does not classify every county facility by name alone; the actual assignment of control matters to its conclusion.

Currency note

This opinion was issued in 2013 and depended on Marion County's reported facility arrangement. Verify current law and current control of the facility before relying on this historical conclusion.

Common questions

Q: Did the sheriff control the Marion County Prison Camp in the facts presented? A: No. The AG understood that the county administrator still supervised it and appointed its director.

Q: Does South Carolina law normally give sheriffs custody of county jails? A: Yes, the opinion quoted that general rule, while also identifying statutory situations in which a county administrator has control.

Q: Did transferring the detention center automatically transfer the prison camp? A: The AG said the county had not addressed the prison camp when it transferred the detention center, so the camp remained under the administrator on the reported facts.

Background and statutory framework

Marion County's sheriff asked whether responsibility followed him despite the administrator's control of a separate prison camp. The AG compared the general sheriff-custody statute with provisions allowing county administrative control and applied the arrangement described by county officials.

Citations and references

• S.C. Code § 24-5-10: general sheriff custody of a county jail.
• § 24-5-20: appointment of a facility manager by the officer with control.
• § 24-3-20(C): written acceptance of inmates for a county prison facility, quoted in the opinion.

Source

• Landing page: https://www.scag.gov/opinions/opinions-archive/june-12-2013/
• Original PDF: https://www.scag.gov/wp-content/uploads/2013/06/richardson-m-w-os-9580-6-12-13-who-is-legally-responsible-for-inmates-housed-at-marion-county-prison-camp.pdf

Original opinion text

ALAN WILSON

A TIORNEY GENERAL

June 12, 2013

The Honorable Mark W. Richardson
Sheriff, Marion County
2715 E. Hwy. 76, Suite C
Mullins, South Carolina 29574
Dear Sheriff Richardson,
You seek an opinion of this Office as to who is legally responsible for inmates housed at the Marion County Prison Camp. By way of background, you explain that while you exercise control over the Marion County Detention Center, Marion County also has "a County Prison Farm that houses State and County inmates." Specifically, you wish to know whether you, as Sheriff, are responsible for inmates in the Marion County Prison Camp even though you are not over that facility. After speaking with several Marion County officials it is our understanding that, historically, the Marion County Detention Center and the County Prison Camp have been under the supervision of the County Administrator. While the County recently transferred custody and control over the County Detention Center to the Sheriff, it did not in any manner address responsibility over the County Prison Camp. Thus, the County Administrator still maintains supervision over the County Prison camp and appoints its administrator. Law/Analysis

As you indicate, the sheriffs of the several counties of this State generally have responsibility, custody, and control o.ver county jails located within their respective counties. As stated in S.C. Code § 24-5-10: The sheriff shall have custody of the jail in his county and, if he appoint a jailer to keep it, the sheriff shall be liable for such jailer and the sheriff or jailer shall receive and safely keep in prison any person delivered or committed to either of them, according to law. See also Henry v. Hony County, 334 S.C. 461 , 466, 514 S.E.2d 122, 125 (1999) ("the general law in South Carolina is S.C. Code Ann. § 24-5- I 0 (I 976) that gives custody of the jail to the county sheriff') (citing Roton v. Sparks, 270 S.C. 637, 640, 244 S.E.2d 214, 216 (1978) (J. Gregory, concurring)). However, § 24-5-20 recognizes that the custody of a county jail does not always lie with the sheriff: Except as otherwise provided, every sheriff in this State who has control of a jail shall appoint a qualified person as facility manager. This person shall have the
, control and custody of the jail under the supervision of the sheriff. However,

REMBERT

c. DENNIS B UILDING • POST OFFICE Box 11549 • COLUMBIA, SC ?921
1-1549 • TELEPHONE 803 - 734- 3970 • FACSIMILE 803-253-6283
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The Honorable Mark W. Richardson
Page2
June 12, 2013

should the sheriff not have control of the jail, then this appointment falls to the chief administrative officer of the county in whose jurisdiction the jail lies.

§ 24-5-20 (emphasis added).
Fu1thermore, numerous statutory provisions recognize that the supervisor or administrator of a county may have custody, control, or authority over a county prison camp. See§ 24-3-20(C) (" No inmate may be assigned to a county prison facility except upon written acceptance of the inmate by the chief county admin istrative officer or his designee"); § 24-3-30(C) ("Each county or municipal administrator, or the equivalent, having charge of any local detention facilities ... may use the prisoner assigned to them for the purpose of working the roads of the entity or for other public work") (emphasis added); § 24-13235 ("Notwithstanding any other provision of law, the governing body of any county may authorize the sheriff or the chief administrative officer, or the equivalent, in charge of a local detention facility to offer a voluntary program under which any person committed to such facility may perform labor on the public works or ways") (emphasis added); § 24-13-920 (allowing local governing bodies to establish programs by which prisoners may "be assigned to public works employment," and stating "[e]ach governing body shall designated the sheriff, the chief administrative officer, or the equivalent, as the official in charge") (emphasis added); § 17-25-70 ("Notwithstanding another provision of law, a local governing body may authorize the sheriff or other official in charge of a local correctional facility to require any able-bodied convicted person committed to the facility to perform labor in the public interest"). Assuming, based on the information before us, that the County Administrator is responsible for the County Prison Camp and appoints a director to exercise custody and control over it, the responsibility for inmates housed at the County Prison Camp ultimately lies with the County Administrator and not the Sheriff.

Assistant Attorney General

REVIEWED AND APPROVED BY:

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Deputy Attorney General