REEVALUATING CRIME AND PUNISHMENT - in South Carolina
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While keeping the VFTC going is at the top of my priority list, it is but one of the goals I hope to
REEVALUATING CRIME
accomplish during my tenure as Program Leader. With the help of the journalism staff, we hope to offer
our “Introduction to Journalism” class to the entire ACI. We also hope to develop a new
Photojournalism course. This class will be dedicated to teaching both the technical and the artistic
AND PUNISHMENT
aspects of the job that today’s reporters are required to know.
in South Carolina
These are only a few of the objectives we hope to accomplish and with the dedication of my
journalism team, the support of ACI staff and administration and the tireless efforts of volunteers, I
believe we can make the publication greater than ever! Thank you for giving me this chance.
By Shirene Hansotia
Humbly, Adam S. Justice Policy Counsel
Criminal
ACLU of South Carolina
1
This report was written by Shirene Hansotia, but
benefitted from the contributions of many talented people.
ACLU of South Carolina would like to acknowledge and
thank the following people: ACLU of SC Executive Director
Frank Knaack and former Legal Director Susan Dunn for
their tireless efforts reviewing the report; University of South
Carolina Law School Associate Professor Aparna Polavarapu
for her contributions regarding restorative justice; Stephen
Hoffius for his copy editing and Paul Rossmann for graphic
design; Martin Lippiett for contributing several photographs;
and Mandee Funai, Megan Powell, Lindsey Nishan and Julie
Fekete for their generous assistance with citations.
*For the purposes of this report, the terms violent and non-violent were used
based on the subjective understanding and definition of South Carolina law,
not on the relative harm to the community.
*For the purposes of this report, the terms male and female were used
according to SCDC policy on classification, and do not necessarily correspond
2 with an individual’s gender identity.
TABLE OF CONTENTS
Executive Summary. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . 1
The argument for bold sentencing reform in South Carolina. . . . . . . . . . . . . . . . . . . . . 5
Mass incarceration negatively impacts everyone . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . . 6
How did we get here? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
The era of harsher sentencing laws across America . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7
South Carolina’s path. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Historical background. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
Landmark lawsuit against SCDC on behalf of mentally ill individuals . . . . . . . . . . . . . . 11
Learning from our past. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
The power of hindsight: Longer sentences do not deter crime, are expensive,
And destroy lives, families and communities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
South Carolina case . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . 19
First wave of reform . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 19
The criminal justice environment in South Carolina in 2021. . . . . . . . . . . . . . . . . . . . 21
Recent events: The Lee uprising and COVID-19 in SCDC . . . . . . . . . . . . . . . . . . . . . . . . . . 21
GRAPHIC: Average Daily Incarcerated Person Population FY1970-2020 . . . . . . . . . . . . 22
GRAPHIC: SCDC Daily Cost Per Incarcerated Person FY1990-2020 . . . . . . . . . . . . . . . . 23
GRAPHIC: SCDC Annual Cost Per Incarcerated Person FY1990-2020 . . . . . . . . . . . . . . 24
SCDC’s lack of staffing is chronic, and unsustainable . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25
Issues exacerbating security concerns for understaffed corrections system. . . .. . . .. . . 25
How bad is the staffing shortage? . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. 26
High rate of staff turnover, and inability to fill positions. . . . . . . . . . . . . . . . . . . . . . . . . . . . 27
GRAPHIC: Serious Incarcerated Person Assaults on Employees FY2011-2020 . . . .. . . 27
Staffing effects on security. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28
Proliferation of gangs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29
Lockdowns as a management tool . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. 30
Lack of staffing: Effects on medical, mental health, and addiction services. . . .. . . .. . . 31
The argument for sweeping change within SCDC . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . 34
The dire need for prison programs . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34
Educational programs reduce prison violence and recidivism. . . .. . . .. . . .. . . .. . . .. . . 34
Vocational programs reduce recidivism and build skills . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36
The importance of preparing everyone for re-entry . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. 36
3
Table of Contents (continued)
The prison economy. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . 37
Access to CARES Act stimulus funds. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . 38
The value of volunteer programming . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . 39
The benefits of visitation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40
Managing COVID-19 in South Carolina prisons. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 41
The arcane prison-grievance process. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
SCDC’s lack of transparency combined with retribution faced
by journalists and advocates covering prison issues . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44
How do we fix the costly mistakes of the past
and protect public safety in South Carolina? . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. 46
With political consensus, where do we go from here? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
Infrastructure installed by tough-on-crime laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 48
GRAPHIC: SCDC Institutions . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . 49
Building a smarter justice system. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. 50
Two-tiered justice: People convicted of violent crimes are excluded from reforms. . . . . 50
The Unger case study: Demonstrating that we can safely release people
convicted of violent crimes. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
Juvenile Life Without Parole (JLWOP): Research into the juvenile mind proves youth .
should be treated differently . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 51
The damaging war on drugs . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . 52
Restorative justice policies offer an alternative approach . . . .. . . .. . . .. . . .. . . .. . . .. . . 53
South Carolina broken parole system . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 54
Implications of the rise of the Victim’s Rights Movement . . . .. . . .. . . .. . . .. . . .. . . .. . . 56
The need to increase fairness and equity in the parole process . . . .. . . .. . . .. . . .. . . .. . 57
Parole best practices . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. 58
Revocation of parole and probation for technical violations . . . . . . . . . . . . . . . . . . . . . . . . . 60
Presumptive parole . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . 61
Second look sentencing . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . 62
Earned time/good time credits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 63
Retroactive application of sentence reduction reforms . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . 64
Commutation . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . 65
Compassionate release policies . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . 65
Evidence-based recommendations for SCDC . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 67
Evidence-based reform recommendations for South Carolina. . . . . . . . . . . . . . . . . . 69
Endnotes . . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. . . .. 72
4
EXECUTIVE SUMMARY
America has reached a point of South Carolina’s path mirrored the
reckoning. In the nation that incarcerates national trends, as the General Assembly
far more people than any other on earth, enacted similar laws that filled state
there is a growing bipartisan consensus prisons and exacted steep budgetary
that the current predicament of overflowing costs. This spike in incarceration rates hit
prisons and exorbitant corrections costs vulnerable Black and Brown communities
is morally and fiscally unsustainable. the hardest; a disparity that continues
Republicans and Democrats agree: to this day. Eventually, South Carolina
Reforming the American prison system is legislators recognized that these trends
an imperative. were untenable, and passed sentencing
The ripple effects of mass incarceration reforms in 2010. These changes resulted
impact everyone. Seven percent of American in the closure of several prisons, financial
children have had a parent incarcerated savings, and the diversion of people
at some point in their lifetime. Decades of convicted of low-level offenses from prison
over-incarceration have taken an enormous into alternative programs. Nevertheless,
toll on state budgets, even as spending the 2010 reforms did not go nearly far
on education, housing, and infrastructure enough.
has declined. And 95 percent of people in Research has proven that lengthy
state prisons will be released back into sentences do not deter crime, have a far
communities, meaning we have a vested greater impact on minority communities,
interest in making sure incarcerated people and keep people incarcerated well beyond
have access to the programs and skills they the point at which they pose a threat to
require to succeed upon release. In spite of public safety. Today, our state prisons are
that need, prison programming has been filled with many thousands of elderly and
underfunded for decades, so whatever new medically vulnerable people as a result of
skills individuals leave prison with are sentencing policies enacted decades prior.
those they pick up on their own. Experts concur that the vast majority of
The seeds of mass incarceration were people “age out” of crime, meaning we are
planted a half a century ago, beginning allocating precious taxpayer dollars to keep
with President Richard Nixon’s war on people in prison into their golden years with
drugs. The federal government proceeded little to no benefits for society.
to pass three-strike, mandatory-minimum, The deadly Lee Correctional Institution
and truth-in-sentencing laws that were uprising of April 2018 and the COVID-19
replicated by the states. These draconian pandemic are two issues that dominate
sentencing changes sent far more people to the criminal justice landscape in South
prison for far longer periods of time. The Carolina today. Both highlight the harms
dramatic expansion of prison populations created by the chronic staffing shortage
was followed by deep cuts in prison within the South Carolina Department
programs and services, resulting in the of Corrections (SCDC), and have resulted
warehousing of human beings at a rate in countless preventable deaths, the
never before seen in history. cessation of life-altering prison programs, 1
and the termination of prison wages for life-without-parole sentences, ending
the vast majority of incarcerated people. the war on drugs, reforming our broken
A lack of corrections officers has also led parole system, and enacting a variety of
to an overreliance on the use of extended policies that reward positive behavior and
lockdowns to manage the prison population. participation in prison programs with the
Lockdowns deprive people of the chance to opportunity for earlier release. The result
communicate with family members, take will be smaller, more manageable prison
regular showers, have access to fresh air, populations, and retrained individuals who
and sanitize their surroundings, which is can play positive roles in their communities
particularly important during a pandemic. upon release from prison.
Staffing shortages are also rampant in The major responsibility for addressing
the medical and mental-health fields, the abysmal conditions in South Carolina
meaning many people wait for months and prisons rests with the state legislature,
sometimes years for life-saving treatment. which provides the bulk of the funding for
All of these factors make a compelling its operation. The legislature reformed
argument for sweeping changes within sentencing laws in 2010, keeping thousands
SCDC, and throughout our criminal justice out of our prisons. It can do so again.
system. If South Carolinians are going to But everyone in the state— families of
turn the page on our past mistakes, we the incarcerated, journalists, individuals
must begin by dismantling the financial who simply pay the taxes that pay for the
incentives already in place that incentivize prisons—must recognize the deplorable
keeping our prisons full and prison staff conditions and the need to make deep,
employed. From there, we must embrace systemic reforms. South Carolina prisons
a wide range of reforms that have already are inhumane, but they don’t have to
been successfully implemented in other remain that way.
states. These include eliminating juvenile
2
3
4
THE ARGUMENT FOR BOLD SENTENCING REFORM
IN SOUTH CAROLINA
In 2008 Jerome Laudman lay face child in the medical office after fellow
down in a pool of feces and vomit in his incarcerated women grabbed a wheelchair
cell in the solitary confinement unit at Lee and transported her there.10 Thankfully,
Correctional Institution near Bishopville, Ms. Geter’s second child survived.11
S.C., for 11 days.1 Moldy food trays were Several months after the first cases of
stacked near his naked, unresponsive COVID-19 were diagnosed inside South
body as prison guards refused to assess Carolina prisons, the South Carolina
his medical condition or render aid. At Department of Corrections (SCDC) began
age 44, Mr. Laudman was well known to transporting newly infected incarcerated
the prison staff as an individual suffering men to an abandoned dorm at Lee
from paranoid schizophrenia, intellectual Correctional Institution.12 The men were
disabilities, and bipolar disorder.2 He placed in cells they described as covered
had been sentenced to ten years in prison in filth, and left largely to fend for
after he was convicted of armed robbery in themselves.13 According to testimony from
1998. After almost two weeks had passed, multiple individuals, the men, already sick
Mr. Laudman was finally transferred to a and weakened by the virus, were forced to
hospital and diagnosed with hypothermia. endure the extreme heat associated with
He died shortly thereafter.3 South Carolina summers without relief
Sinetra Geter was serving two years due to broken air conditioners.14 Many
for a probation violation in 2012 when the complained of broken toilets, infrequent
unthinkable happened.4 She was 26 weeks meal delivery, and a dire lack of medical
along on her first pregnancy and expecting care.15 Fellow incarcerated men were tasked
twins. After working a lengthy shift in the with providing meals and checking on the
clothing plant at Camille Griffin Graham status of those in quarantine, ostensibly
Correctional Institution in Columbia, she because SCDC staff feared catching the
began to feel intense pain, and sought virus themselves.16
medical help.5 A nurse on duty checked her The majority of the men sick with
vital signs and sent her away.6 Ms. Geter COVID-19 came to Lee with pre-existing
continued to feel pain, and sought help medical conditions.17 Many made repeated
several more times, only to be repeatedly requests to medical staff to obtain their
rebuffed by medical staff.7 regular prescription medications for
Ms. Geter’s cries for help from prison underlying conditions, but were denied.18
staff went unanswered and she gave birth As a result, a number of men went for
to her first child in the restroom of the weeks or more without critical medications
prison, where the child died.8 Medical to treat depression, diabetes, and serious
professionals who examined the child at heart conditions.19 Their access to phone
the coroner’s office testified in a lawsuit calls was severely curtailed and the men
later that the child could have survived if were allowed only infrequent showers in
Ms. Geter had received medical attention areas that had not been regularly cleaned.20
sooner.9 Ms. Geter gave birth to her second One man who survived the ordeal shared 5
his feelings about being quarantined with offenses.23 Why does this matter? Because
other COVID patients at the dorm in Lee children with a parent behind bars are far
Correctional Institution, where a deadly more likely to suffer severe emotional and
riot had taken place two years prior: “We social consequences, including difficulty in
knew we were being sent there to die.”21 school, homelessness, and increased welfare
and foster-care needs.24
Mass incarceration negatively impacts
everyone
“We knew we were being sent there to die.”
The plight of incarcerated people is a —Incarcerated men who tested positive for COVID-19
and sent to Lee prison quarantine unit
topic many in society find easy to ignore.
Beyond the predictable explanations that
individuals who have committed crimes
should not be coddled, the desperate
pleas for criminal justice reform are often In addition to these profound societal
drowned out by the cacophony of other impacts, incarcerating substantial numbers
demands on the public’s interest, such as of people for longer periods of time is
the need for adequate teacher compensation also alarmingly expensive. According to
or affordable health care. the Bureau of Justice Statistics, the U.S.
Advocacy groups and families with loved spends more than $80 billion annually
ones in prison have been crying out for to incarcerate 2.3 million people.25 One
reforms to our sentencing laws and prison out of every five prisoners in the world is
conditions for years, but their pleas have incarcerated in the U.S.26 The average cost
mostly gone unheeded. This is the case for states to incarcerate a single person is
today, even as we continue to grapple with $33,274 annually, exacting a huge toll on
the many painful consequences of harsh the economy.27
sentencing laws enacted decades ago. Large It is important to consider that at least
portions of society simply do not prioritize 95 percent of all state prisoners will be
sentencing reform, mostly because they released back into society at some point.28
believe these issues do not impact them. People returning with a felony conviction
And yet, it is clear that prison and face an astounding array of hurdles after
sentencing policies have broad-reaching being segregated from society, including the
ramifications for everyone in society, difficulties of finding suitable employment
whether it is through the sizeable number and housing. Individuals leaving prison
of children with incarcerated parents, the are branded with a “scarlet letter” as they
substantial budgetary costs, or the fact that attempt to navigate the approximately
most incarcerated people must eventually 45,000 collateral consequences enacted
reenter society. at the state and federal levels to further
Statistics belie the belief that punish people with criminal records,
sentencing policies do not have broader including 708 laws in South Carolina
effects. One in 14 children in the U.S., alone.29 Given that one in three adults in
more than five million children, have America has a criminal history, it is crucial
had a parent in state or federal prison at for all of us to recognize the immense
some point in their lives.22 These numbers impact harsh sentencing laws have had on
spiraled upwards by 79 percent between our nation.30
1991 and 2007, as the federal government
and many states, including South Carolina,
enacted harsher drug laws and mandatory
6 minimum sentencing for a wide range ofHOW DID WE GET HERE?
The era of harsher sentencing laws crime measures.31
across America The rapid expansion of federal drug
laws was soon mirrored at the state level.
The seeds of mass incarceration were The federal government provided financial
first planted in America in the 1960s and incentives for states to adopt more punitive
early 1970s, with the rhetoric of “law and criminal justice measures, sending many
order” and the launch of the war on drugs. more people to prison for longer periods of
In 1971 President Richard Nixon declared time.32 Prisons soon became overcrowded,
drug use “enemy number one,” dramatically necessitating the construction of a bevy of
increasing the number of federal drug- new prisons across the U.S., all facilitated
control agencies and pushing other anti- by the federal funding stream promoting 7these changes.33 in federal funds in exchange for passing
President Nixon may have started the “truth-in-sentencing” (TIS) laws, which
war on drugs, but President Ronald Reagan required individuals to serve at least 85
ushered in an unprecedented expansion percent of their sentences before being
of the anti-drug campaign.34 The number eligible for release.39 The Urban Institute
of people convicted of nonviolent drug found that by 1999, 42 states had TIS laws
offenses soared from 50,000 in 1980 to in place, including South Carolina, which
more than 400,000 by 1997.35 By the late vastly increased the numbers of people
1980s the U.S. Congress and most state imprisoned across the U.S.40 The majority of
legislatures had adopted harsh measures states also passed three-strikes laws, which
including mandatory-minimum sentencing, significantly increased prison sentences
particularly for drug offenses.36 Mandatory- for persons convicted of previous felony
minimum sentencing laws removed offenses, and punished a “third strike” with
judicial discretion in sentencing in favor life in prison.41
of uniformly harsher punishments, one of By 2007 the prison rate in America
the first steps in sending far more people to was eight times as high as it had been
prison for longer periods of time.37 in 1970.42 This meteoric rise in the rate
The Violent Crime Control and Law of imprisonment was not a function of
Enforcement Act of 1994 was the next rising crime rates; rather it was due to
piece of the puzzle, passed with bipartisan stricter sentencing laws.43 Tough on crime
support in Congress and signed into law by initiatives not only dramatically increased
President Bill Clinton. Commonly referred the numbers of people sent to prison, they
to as the “crime bill,” this act initiated the also extended the periods of punishment.
next wave of federal funding for states America’s combined prison and jail
and localities to hire additional police, populations grew from 330,000 in 1972 to
implement an array of tough sentencing 2.2 million in 201844 Today, America has
laws, and erect new prisons and jails approximately 5 percent of the world’s
to cage those caught in the web of new population, and 25 percent of the world’s
laws.38 The bill offered states $12.5 billion prisoners.45
8SOUTH CAROLINA’S PATH
Historical background adopted truth-in-sentencing measures
for designated felonies. State lawmakers
South Carolina’s path to mass also enacted mandatory-minimum
incarceration largely mimicked the steps sentences, and together these laws began
taken by the federal government and most filling state prisons. The state’s jail and
other states. In the 1990s South Carolina prison populations exploded as a result.46
abolished parole for many offenses and Imprisoning so many people has been 9extremely costly. South Carolina spent $544 funds for all incarcerated people to be
million, or 7 percent of its general fund on able to purchase necessary items such as
corrections in 2017 alone, and that does not soap, toothpaste, and feminine-hygiene
include the additional funds the state spent products. Today, SCDC provides indigent
on police, prosecutors, courts, and all other incarcerated people with a meager monthly
aspects of the criminal justice system.47 supply of these necessities. Myriad reports
This overreliance on incarceration to from incarcerated people and their loved
remedy societal problems hit Black and ones to the ACLU of SC have documented
Brown communities the hardest.48 Black that the items provided to the indigent
South Carolinians represent 26 percent of population are of poorer quality than
South Carolina’s population, but comprise the items available through the prison
approximately 61 percent of the state commissary, and are typically insufficient to
prison population today.49 As of 2017 the last until the next provision. Going without
imprisonment rate of Black adults in South cleaning supplies is inhumane in the best
Carolina was more than five times the rate of times, but even more concerning during
of whites.50 a global pandemic where personal hygiene
South Carolina’s dramatic escalation in is an important factor in preventing the
its state prison population peaked in 2009, transmission of a deadly virus. All of
at 23,486.51 The spike in South Carolina’s these factors, have created a sense of
prison population drove a steep increase in hopelessness among many incarcerated
corrections costs as well. These budgetary people, which has made everyone, prisoners
impacts were a result of state lawmakers and staff alike, less safe.
deliberately choosing to fund policies that Incarcerated people in South Carolina
sent thousands more to prison rather are also serving much lengthier sentences
than allocating additional resources for than in the past, echoing the national
education, infrastructure, or health care, trends. More than half of SCDC’s prison
among other issues. population today is comprised of individuals
Even as the state legislature allocated serving lengthy sentences, ranging from
more funds towards corrections overall nine years to life .53 The average sentence
to cover the spiraling costs, a series of length within SCDC has continued to
SCDC directors concurrently dismantled increase from 13 years 8 months (164
the department’s human-services and months) in 2016 to 15 years 9 months (189
rehabilitation systems, eliminating many months) in 2020.54 This includes many
educational and vocational programs. At more individuals serving life-without-the-
the same time, directors also cut corners on possibility-of-parole (LWOP) sentences.55
other budgetary items, resulting in reduced Regardless of the data, “there’s a trend to
food quality, limited visitation rights, and say there’s really no sentence that’s too
increased use of lockdowns to manage the long when it comes to violent offences,”
prison population. says Ryan King, a senior fellow at the
These changes have had lasting Urban Institute’s Justice Policy Center in
ramifications for incarcerated people, as Washington, D.C. “That’s been a dominant
access to rehabilitation and vocational and force in our criminal justice system for over
educational programs has been severely 40 years.”56
curtailed. When people in prison lack access In 2010 state legislators enacted
to programs that address substance abuse, several sentencing-reform measures that,
teach life skills, or provide work experience, in hindsight, were a mixture of positive
their likelihood of returning to prison upon and ineffective changes to the laws. The
release is greatly enhanced.52 Omnibus Crime Reduction and Sentencing
10 In addition, SCDC ceased providing Reform Act of 2010 (S. 1154) reduced theprison population by 14 percent, primarily than taking the more effective path of
by releasing people convicted of certain reducing the number of people caged in
drug and property offenses.57 As a result, SCDC facilities. The time has long since
SCDC was able to close several prisons and elapsed for our leaders to rethink South
reduce expenditures.58 Carolina’s harsh criminal justice system.
The bill included several other positive These changes could finally pave the way
aspects, including: requiring the Parole for providing a humane environment for
Board to adopt evidence-based tools in individuals remaining in the custody of
order to ensure more objectivity in parole SCDC.
decisions and parole conditions; permitting
terminally ill, geriatric, and permanently Landmark lawsuit against SCDC on
incapacitated incarcerated individuals to behalf of mentally ill individuals
be presented to the Parole Board for earlier
release; and directing SCDC, the South “The evidence in this case has proved
Carolina Department of Probation, Parole that inmates died in the South Carolina
and Pardon Services (PPP), and the South Department of Corrections for lack of basic
Carolina Department of Motor Vehicles mental health care, and hundreds more
to collaborate to provide all incarcerated remain substantially at risk for serious
people with a valid photo-identification card physical injury, mental decompensation,
upon release from prison. At the same time, and profound, permanent mental illness.”62
lawmakers doubled down on ineffective Judge Michael Baxley wrote those words
measures, such as adding 24 crimes to in 2014 in his final order and judgment
the “violent crime” list, and expanding on behalf of the approximately 3,500
the sentencing range for many offenses. incarcerated people suffering with mental
Lawmakers also drastically increased the illness inside SCDC.63 Sadly, seven years
potential penalties for individuals with after that landmark decision, far too little
some repeat driving offenses.59 has been done by SCDC to change these
Meanwhile, the percentage of conditions.
correctional officers (COs) who left their South Carolina’s failure to protect
jobs far superseded the decrease in the incarcerated people experiencing mental
prison population. Staffing levels fell by an illness has been clear for some time,
average of 30 percent during this time.60 drawing the attention of advocates such
Given the difficulty of the job, and the as Stuart M. Andrews Jr. of Columbia.
steep competition in hiring from other Andrews began his legal career helping
sectors of the economy, SCDC’s staffing indigent clients, and was no stranger to
challenges are not unique. Prisons across the dire conditions inside South Carolina
the nation have struggled for years to prisons. In addition to founding the
attract and retain enough employees to healthcare group within the Nelson Mullins
safely operate.61 SCDC Director Bryan law firm, he created and led its nationally
Stirling has repeatedly acknowledged that recognized pro bono program.64
there is likely no way to hire the requisite In 2005 Andrews, along with the
number of COs that corrections experts say organization now referred to as Disability
are needed. SCDC has been resolute in its Rights South Carolina, filed a class-
attempts to attract employees, but those action lawsuit on behalf of incarcerated
efforts have fallen far short of attracting individuals suffering from serious mental
the number of staff required to run a safe illness, alleging substantial constitutional
prison system. violations.65 Even as the case slowly wound
Despite this failure, state legislators its way through the courts, SCDC persisted
continue to focus on staffing, rather in minimizing the allegations for years
11while fighting to have the case dismissed. practices concerning suicide prevention
Prison officials downplayed egregious and crisis intervention are inadequate
incidents of abuse or neglect, labeling them and have resulted in the unnecessary
“anecdotal” or “outliers.”66 loss of life among seriously mentally ill
In Judge Baxley’s powerful order, he incarcerated persons.69
wrote that there were far too few mental- Judge Baxley underlined the need
health professionals working in the prisons, for the public to care about the horrific
and those who were working in SCDC mistreatment of people with mental
were not up to the task. “Meanwhile,” he illness in our prisons. “This litigation does
added, “punitive prison policies, and poor not happen in a vacuum,” Judge Baxley
communication, exacerbated the problems wrote. “What happens at the Department
of the mentally ill.”67 Judge Baxley added of Corrections impacts all of us.”70 To
that in his 14 years on the bench, presiding Judge Baxley, turning a blind eye to such
over more than 70,000 filings, the case mistreatment was a damning indictment of
of T.R. v. South Carolina Department of society.
Corrections was “far above the others, the
most troubling.”68 Judge Baxley identified
six egregious failures by SCDC and staff:
• First, the mental-health program
“This litigation does not happen in a
at SCDC is severely understaffed,
particularly with respect to mental- vacuum... What happens at the Department
health professionals, to such a degree as of Corrections impacts all of us.”
to impede the proper administration of —J. Michael Baxley, Former South Carolina
Circuit Court Judge
mental-health services;
• Second, seriously mentally ill
incarcerated persons are exposed to
a disproportionate use of force and Having gut-wrenching headlines
segregation (solitary confinement) splashed across newspapers in the
when compared with non-mentally ill state about mentally ill prisoners being
incarcerated persons; systematically abused for decades gave the
South Carolina Department of Corrections
• Third, mental-health services at SCDC a black eye. Yet remarkably, it still took two
lack a sufficiently systematic program years to reach a settlement with attorneys
that maintains accurate and complete on how to proceed with court-mandated
treatment records to chart overall reforms.71 Meanwhile, mentally ill people
treatment, progress, or regression in South Carolina prisons continued to
of incarcerated persons with serious harm and kill themselves. The majority of
mental illness; these suicides were not only preventable,
• Fourth, SCDC’s screening and they were exorbitantly costly, as SCDC
evaluation process is ineffective in continued to settle wrongful death lawsuits
identifying incarcerated persons with that drained state coffers of millions of
serious mental illness and in providing dollars.72
those it does identify with timely 2018 was the deadliest year in the
treatment; history of American prisons, and South
• Fifth, SCDC’s administration of Carolina played an outsized role in
psychotropic medications is inadequately contributing to this horror with the
supervised and evaluated; and deadliest prison uprising in 25 years at Lee
Correctional Institution.73 There were also a
• Sixth, SCDC’s current policies and record number of suicides in South Carolina
12prisons that year, twice the number in any The story of Richard Allen Patterson,
year in at least a decade.74 Prison suicides one of the plaintiffs in the landmark class-
and homicides rose for at least five years action lawsuit brought against SCDC,
in a row even as the prison population captures the hell faced by incarcerated
declined, and the abhorrent conditions people with mental illness. Patterson did
inside SCDC likely contributed to the high not have an easy life. He was diagnosed
death toll.75 with bipolar disorder and began cutting
Near constant use of lockdowns due himself at age 12.80 He was sentenced to 20
to the chronic lack of adequate staff years in prison for burglary at the age of
deprives incarcerated people of access to 19.81
the outdoors, vital prison programs, and In 2012, he valiantly testified as part of
visitation with loved ones. Among the things a class-action lawsuit about his experiences
that incarcerated people must withstand in the state prison system as a person with
inside SCDC are: crumbling infrastructure, mental illness.82 He described a period of
inedible food, a dire lack of medical and three consecutive years locked in a cell by
mental-health services, and infrequent himself, where he cut himself repeatedly,
access to showers.76 “We are still constantly reopening old wounds and jamming screws
locked down,” said an incarcerated person into them.83 He was often kept naked on the
at the Kershaw Correctional Institution in cold concrete floor, or was strapped naked to
2019. “We haven’t had showers in over 14 a restraint chair for hours.84 He was gassed
days. No air ventilation. No heat. Mold on and beaten multiple times, and constantly
the walls. No mental health. No medical. We belittled and demeaned by uncaring prison
are living a terrible life back here, and it is guards who refused to provide him with a
only getting worse.”77 blanket or a kind word.85
At one point, after staying awake
for three days straight in the prison
“Oh, you ain’t dead yet? We thought you psychiatric ward, Patterson testified that
he saw snakes in his hands and legs.86
would be dead by now.”
Unable to get relief, he “bit them out of his
—Richard Allen Patterson, an incarcerated person with
serious mental illness who testified in the landmark body.”87 Shortly before he died by suicide
mental health lawsuit against SCDC, and later took his
own life. in his prison cell, Patterson called his
mother to report that he had been badly
injured during a fight with correctional
officers.88 Rather than offering him medical
For people living with mental illness in assistance, Patterson told his mom, a guard
prison, perpetual lockdowns and a lack of yelled at him through the flap on his cell
mental-health treatment inside SCDC can door: “Oh, you ain’t dead yet? We thought
become too overwhelming, leading some to you would be dead by now.”89 Just two days
take their own lives. Statistics can never later, Patterson took his own life.90 He was
adequately portray the agony suffered by found hanging by his sheet, alone and dead
individuals with serious mental illness in his cold cell.91
imprisoned in SCDC. At age 20, Travis Today, while some progress has
Steffey, was sent to Kirkland Correctional been made, SCDC has failed to comply
Institution in St. Andrews after being with many key components of the 2016
convicted of selling methamphetamines.78 settlement agreement.92 In the eleventh
Twenty months later he took his own life report by the panel of experts appointed to
by swallowing paper clips, an excruciating oversee implementation of changes agreed
method of dying, according to the coroner in to in the settlement agreement, the panel
his case.79 found SCDC to be lacking in compliance 13with: timely treatment plans for mentally prison population.94 The Implementation
ill men and women, provision of medication, Panel faulted SCDC for its failure to hire
provision of regular showers and clean cells, sufficient mental-health staff: “The need
regular safety checks, and much more.93 for adequate staff cannot be overstated and
The panel specifically took issue even with a modest increase in operations
with SCDC’s continued noncompliance and efforts to increase clinical staff, the
on practices such as the continuous deficiencies have not been corrected to the
observation of suicidal individuals, and extent of providing substantial compliance
the provision of clean, suicide-resistant in the elements of the Settlement
clothing, blankets, and mattresses to the Agreement.”95
14LEARNING FROM OUR PAST
The power of hindsight: Longer families, and in the staggering amount of
sentences do not deter crime, are taxpayer dollars funneled towards mass
expensive, and destroy lives, families incarceration.
One in seven people in American
and communities
prisons is serving a life sentence, and more
Across America, we continue to live than two-thirds are people of color.96 The
with the profound ramifications of the number of people serving life sentences
choices our political leaders made years ago in the U.S. has tripled since 2000, even
regarding harsh punishment. Decades of as life sentences are virtually unheard of
research and evidence have illuminated the everywhere else in the world.97 “This is a
devastating impact of harsher sentencing sign of how unforgiving, and how unjust,
laws in the destruction of lives and the justice system is for young Black and
15Brown offenders, said the attorney general While the racial disparity between Black
for Washington D.C., Karl A. Racine.98 and white people sent to prison recently has
Unlike their federal counterparts in the been on the decline, the disturbing pattern
U.S. Congress, state leaders understand the persists.103 Black people still spend longer
difficult policy tradeoffs that are required time in prison than their white peers.104
to ensure a balanced state budget. Every That distinction is even starker regarding
dollar spent on imprisoning an individual time served for violent crimes, as the rate
for driving with a suspended license has grown almost twice as fast for Black
means one less dollar is available to pave people than for whites.105
state roads or increase teacher salaries. Enacting laws that punish a wide swath
These difficult choices become much more of behavior with similarly lengthy sentences
profound when it becomes clear that states is counterproductive for other reasons.
have been funneling billions of dollars into Researchers have learned that individuals
prisons based on the faulty premise that tend to “age out” of criminal behavior.106
this choice will keep society safe. There is now widespread consensus that
An overwhelming body of evidence involvement in criminal behavior begins in
collected since the 1970s has demonstrated the mid-teens, sharply increases and peaks
that lengthy sentences do not deter crime.99 by around age 24, and then declines.107
Recent studies have concluded that longer This outcome cuts across both racial and
sentences may even spur more crime.100 class lines.108 Since the 1990s, we have
This is thought to be the case because long understood that violence is not a static
periods away from society diminishes skills characteristic. It is complex, driven by
and employability, making the prospect of factors that typically strongly diminish
incorporating an individual back into the with age.109 As such, increasingly lengthy
outside world ever more daunting. prison sentences are counterproductive in
promoting public safety.110 As a whole, we
are keeping far too many people in prison
years and even decades beyond the point
when social scientists deem it effective for
“We have lost generations of young men and
public safety. People in their fifties and
women, particularly young men of color, to sixties are simply not the threats to society
long and brutal prison terms,” that they may have appeared when they
—VERA Institute of Justice were in their twenties.
The cumulative impact of harsh and
lengthy sentencing regimes has resulted
in a prison population across the U.S. that
Not only do lengthy sentences fail to is much older, and much sicker, than in
deter crime, but they also have had long- the past. The percentage of people in state
lasting, negative impacts on communities, prisons age 55 and older has more than
particularly low-income groups and tripled between 2000 and 2016; for the
communities of color where countless young first time in 2016, older adults comprised a
people have been sent to prison. “We have larger share of the state prison population
lost generations of young men and women, than people aged 18 to 24.111 The graying
particularly young men of color, to long of America’s prison population is extremely
and brutal prison terms,” acknowledges expensive, amounting to two to three times
the Vera Institute of Justice.101 African the costs for younger people, to the tune
Americans comprise 13 percent of the U.S. of $8.1 billion in 2015, according to Pew
population, yet account for 40 percent of Charitable Trusts.112 “Hallways are filled
16 those incarcerated.102 with rollators and oxygen tanks,” accordingto Stephanie Post, assistant professor impacting public safety.119 The tab for
at the University of Louisville, who has incarcerating ever-larger portions of society
extensively researched aging in prisons.113 for longer periods of time coincided with
“You’ve got nursing assistants who are also deep cuts to other valuable programs in the
incarcerated flipping people so they don’t state budget. State spending on corrections
develop bed sores.”114 grew by 324 percent between 1983 and
Research tells us that the stress of 2016.120 That is triple the rate that spending
incarceration takes a heavy toll on the on education has increased.121 Every year,
human body. Each year spent in prison taxpayers spend more than $80 billion for
takes two years off an individual’s life state prisons.122
expectancy.115 This is largely because people The human costs of incarceration are
in prisons and jails are disproportionately even more staggering than the financial
likely to have chronic health problems, toll. These are not simply statistics; lengthy
including diabetes, HIV, mental-health and incarceration affects living, breathing
addiction issues.116 The ramifications of this people with families. The lack of evidence
are severe for the U.S., which is the world’s finding that longer sentences deter crime or
largest jailer. These poorer health outcomes provide comfort to crime victims is reason
lower America’s overall life expectancy enough to reevaluate current punitive
by five years; that is, U.S. life expectancy sentencing policies. Add to these factors the
would have increased by more than five grave harm these punishments cause to
years, from 74.1 to 79.4 years, if not for countless loved ones and communities left
mass incarceration.117 behind, and the remaining justifications for
Perhaps the most powerful argument the status quo appear limited to political
against the continued policy of lengthy calculations.
sentences is illustrated by the dramatic The decision to lock up large numbers
decline in recidivism with age. Research of people often hits children the hardest.
tells us that older, ailing people are some of One out of every 28 children in America
the least likely to commit crimes if released. has a parent behind bars today, and two-
According to the Vera Institute of Justice, thirds of these parents are incarcerated
arrest rates drop to 2 percent with people for nonviolent offenses.123 Seven percent
aged 50-65 years of age, and to almost zero of American children, or more than five
for individuals over 65.118 million children, have had a parent
This continued use of ineffective, overly incarcerated at some point in their
harsh sentencing laws imposes steep lifetime.124 The absence of a parent due to
financial costs on society. The punitive imprisonment causes social and economic
policies enacted in the 1980s and beyond damage to a child that can last a lifetime.125
have diverted enormous resources from Sixty-five percent of families with a family
alternative policies and programs that member in jail or prison cannot meet even
hold far greater potential for positively their basic needs for food and shelter.126
1718
SOUTH CAROLINA CASE:
First wave of reform Through the Justice Reinvestment
Initiative, Pew Charitable Trusts reviewed
The impact of decades of spiraling state data and advised SROC members
corrections budgets has inevitably taken a about how to achieve the maximum savings
toll on the finances of many states, including while improving public safety and reducing
South Carolina. As public awareness of recidivism. This technical support laid
the social and fiscal costs grew, leaders the groundwork for important statutory
across America began issuing a clarion call changes.130
for a smarter approach to public safety.
Former speaker of the U.S. House of
Representatives Newt Gingrich criticized
the policies South Carolina had in place in
“About half of South Carolina’s prison
the 1990s and beyond: “About half of South
Carolina’s prison population is being held population is being held for nonviolent
for nonviolent offenses.… Such low-level offenses… Such low-level violations, as
violations, as well as certain nonviolent well as certain nonviolent drug-related
drug-related crimes, can be punished in crimes, can be punished in other ways that
other ways that aren’t as expensive as
aren’t as expensive as prison. We build
prison. We build prisons for people we’re
afraid of. Yet South Carolina has filled them prisons for people we’re afraid of. Yet South
with people we’re just mad at.”127 Carolina has filled them with people we’re
Frustration with soaring corrections just mad at.”
costs combined with overpopulated prisons —Newt Gingrich, Former Speaker of the U.S. House
to create an opening for South Carolina of Representatives
Senator Gerald Malloy to spearhead a call
for reforming state sentencing laws. As a
result, the Sentencing Reform Oversight
Committee (SROC) was created in 2010,128 The Omnibus Crime Reduction and
comprised of members from the legislative, Sentencing Reform Act of 2010 passed in
judiciary, and executive branches of state the General Assembly with overwhelming
government.129 SROC committee members bipartisan support.131 The law substantially
and staff held public hearings, eliciting reduced the number of people in state
testimony from stakeholders throughout prisons by diverting many individuals
the criminal justice community. convicted of low-level, nonviolent offenses,
19such as drug and property crimes, into Overall, South Carolina deserves praise
alternative programs, and by reducing the for being an early leader in sentencing
number of people returned to prison solely reform efforts. The state benefitted from
for technical violations of probation or substantial cost savings, and many people,
parole.132 As a result of the 2010 reforms, after conviction, were able to remain in
South Carolina was able to close six their homes with their families as a result
prisons, reduce the prison population by of diversionary programs for nonviolent
14 percent, and save almost $500 million, offenses. But the legislation also included
while also reducing the overall crime rate counterproductive provisions that increased
by 16 percent.133 sentences for individuals convicted of
violent offenses, drilling down further on a
policy that has repeatedly been shown to be
ineffective and costly.136 Thus, while South
“This approach is soft on the taxpayer and Carolina’s first major attempt at reforming
its sentencing laws in 2010 had many
smart on crime.”
positive aspects, much work remains.
— S.C. State Senator Chip Campsen, (R)
Senator Gerald Malloy led a subsequent
effort at enacting sentencing reform,
starting in 2017, with the consulting
assistance of the Pew Center on the
States.137 A re-constituted SROC listened to
A 2017 study by the Clemson Institute
experts from Pew provide recommendations
for Economic and Community Development
on safe and effective methods utilized by
found that the law resulted in 982 new
other states to reduce prison populations
jobs and a positive economic impact of $37
and costs while protecting public safety.
million.134 These accomplishments received
The committee also heard testimony from
national recognition and placed South
solicitors, public defenders, families with
Carolina on the map as an early champion
loved ones in prison, parole officers, law
of sentencing reform. State Senator Chip
enforcement, and victim advocates. But the
Campsen, a Republican member of the
process has thus far failed to gain traction.
SROC in 2010, applauded the committee’s
efforts: “This approach is soft on the
taxpayer and smart on crime.”135
20THE CRIMINAL JUSTICE ENVIRONMENT
IN SOUTH CAROLINA IN 2021
Recent events: The Lee uprising and these cries for help have been downplayed
COVID-19 in SCDC or ignored altogether.
South Carolina has been unable to
The Lee Correctional Institution fulfill the acute staffing needs created by
uprising in 2018 and the COVID-19 the state’s sentencing laws. There are only
pandemic illustrate the real-world harms two alternatives to resolve this dilemma:
that accompany South Carolina’s failure to either SCDC must hire and retain a vastly
address its incarceration crisis. larger staff of correctional officers as well
Corrections experts, families with loved as medical and mental-health staff within
ones in prisons, and prison advocates have South Carolina prisons, or South Carolina
been sounding the alarm for decades about policymakers must follow the lead of
the dire need for relief from inhumane other states and substantially reduce the
prison living conditions. Most of the time, number of caged people.138 Experience, and 21Average Daily Incarcerated Person Population SCDC Designated Facilities
Jurisdiction3 (x 2000) | Fiscal years 1970-2020 Special Placements
Special Placements 1
1970 x 2000
2,337 0 0
Designated Facilities 2
1975 x 2000 4,618 25 36
1980 7,623 184 682
1985 1,0121 1,081 501
1990 16,149 1,292 440
1995 19,328 1,233 391
2000 22,053 638 436
2005 23,760 447 408
2010 24,710 310 360
2015 21,773 292 298
2020 18,835 352 312
1 This category of incarcerated persons does not take up bedspace in SCDC facilities due to placement in diversionary programs. These programs include Extended Work Re-
lease, Supervised Furlough, and Provisional Parole. Special Placements include incarcerated persons assigned to hospital facilities, as well as Interstate Corrections Compact,
and authorized absences. Special placements includes incarcerated persons serving South Carolina sentences concurrently in other jurisdictions-for FY 2018 this number
averaged 266. 2 Suitable city, county, and state facilities have been designated to house State incarcerated persons as a means of alleviating overcrowded conditions in SCDC
22 facilities, and facilitating work at the facilities and in the community. 3 The jurisdiction count on this table does not include YOA parolees or incarcerated persons conditionally
released under the Emergency Prison Overcrowding Powers Act (EPA)the assessment of SCDC Director Bryan Considering all the major issues that had
Stirling himself, confirm that the former been lingering at Lee and other state
option is not a viable one. prisons for decades, the uprising shouldn’t
Two recent events have shaken the have been a surprise; it was inevitable.
public’s complacency towards prison issues, Likewise, the emergence of the
and at least temporarily shifted the media COVID-19 pandemic in 2020-2021 had
spotlight towards the dire conditions inside predictable consequences beyond the
South Carolina prisons. The uprising at massive death toll. Nationally, COVID-19
Lee Correctional Institution in April 2018 infected more than 620,000 incarcerated
dominated the airwaves for months, both people and correctional officers, killing more
in South Carolina and across the country; than 2,800.142 The pandemic has resulted
it highlighted the greatest loss of life from in at least 4,292 cases of COVID-19 in
a prison incident in the U.S. in the past secure SCDC facilities, and the deaths of
25 years and shattered the public’s trust two employees and 40 incarcerated people
in SCDC’s capability to keep incarcerated as of March 2021.143 When the virus made
people, and the public, safe.139 its way into South Carolina’s prisons, it
An exhaustive investigation of the riot spread like wildfire in conditions that were
by the Pulitzer-Prize-winning journalist ripe for rapid transmission.144 The death
Jennifer Hawes-Berry from the Charleston toll inside SCDC steadily rose throughout
Post and Courier newspaper in December the spring and summer of 2020, prompting
2020 documented how gang warfare reporters to expand their coverage, shining
exploded at Lee prison, and continued over a spotlight on the longstanding dire
almost eight hours across three housing conditions and glaring staffing shortages.145
units, while SCDC waited for specialized Both the riot and the pandemic
tactical teams to arrive on the scene.140 prompted the South Carolina legislature
These gangs were emboldened by decades to establish a subcommittee, ostensibly
of understaffing and delayed maintenance, to examine how the state could have
that resulted in faulty locking mechanisms managed the crises more effectively and
that had gone unfixed since the 1990s.141 reduced the loss of life. After the Lee riot,
South Carolina Department of Corrections Daily Cost Per Incarcerated Person
FY 1990 Through FY 2020
$80
$70 $72.75
$60
$50 $54.05
$40 $43.73
$43.78
$38.41 $38.32
$30 $36.22
$20
$10
$0
1990 1995 2000 2005 2010 2015 2020
23South Carolina Department of Corrections Annual Cost Per Incarcerated Person
FY 1990 Through FY 2020
$30K
$25K $26,627
$20K
$19,728
$15K $16,024 $15,963
$13,219 $13,988
$10K $12,707
$5K
$0
1990 1995 2000 2005 2010 2015 2020
the Legislative Oversight Committee state population, constituting 62 percent
moved up its review of the Department of the men in prison.150 The average age of
of Corrections.146 Committee members prisoners hovered just under 40, with an
spent over a year evaluating every aspect average of a tenth-grade education.151
of the agency’s operations, and welcomed The top serious convictions that have
testimony from experts and impacted resulted in individuals being sent to prison
members of the public. Regrettably, include: homicide, drugs, robbery, burglary,
legislators in charge of the oversight process and sexual assault.152 Approximately two-
relied heavily on SCDC management to thirds of men and women in SCDC are
self-report current conditions, and chose to serving non-parolable sentences, and 12
downplay the reporting of whistleblower percent of men and 6 percent of women are
prison employees and impacted families. serving life sentences.153 The most common
The result, to no one’s surprise, was sentence length is between 10 and 20
recommendations for only modest reforms years.154 SCDC prisons are predominantly
and marginal follow-through by SCDC. filled with men (76%) and women (58%)
serving time for violent offenses.155
SCDC Population South Carolina’s Department of
Probation, Pardon and Parole (PPP)
SCDC’s population has declined since drastically reduced its revocation rate
its peak in 2009 when it housed 24,734 for technical violations of probation or
people.147 In 2020 there were approximately parole as a result of the 2010 sentencing
18,000 people in South Carolina prisons, reform measures.156 Even so, 17.8 percent
the vast majority of whom were categorized of SCDC’s prison population in 2020 was
by SCDC as males.148 Even so, women comprised of people whose paroles had been
represented the fastest growing segment revoked while they were on community
of the prison population.149 Black men supervision.157
were heavily overrepresented in SCDC As more people were funneled into
24 as compared to their percentage of the state prisons over the past decades,You can also read
