Vol. 3, No. 6, Pg. 18. Same Sentence... More Time?.

• Author: By Joann B. Morton

South Carolina Lawyer

1992.

Vol. 3, No. 6, Pg. 18.

Same Sentence... More Time?

18Same Sentence... More Time?By Joann B. MortonBecause of state laws linking time served in prison to work credits, a person with a physical or mental disability who is found guilty and sentenced to incarceration may spend months or even years more in prison than an offender who is not disabled.

The inability of inmates with disabilities to qualify for timely release programs contributes to prison overcrowding and represents a significant cost to taxpayers: $34.81 per inmate per day. This situation also may be a violation of federal statutes, including the Americans with Disabilities Act of 1990 which became effective this year.

This article will review these issues and suggest some actions lawyers might take to avoid or minimize the problem for incarcerated clients.

Prisons and Work

In 1978, as an incentive for inmates to work harder and also to relieve chronic overcrowding, the General Assembly revised the Litter Control Act to provide that the Department of Corrections

may allow any prisoner .. . who is assigned to a productive duty assignment or who is regularly enrolled and actively participating in an academic, technical or vocational training program a reduction from the term of his sentence of zero to one day for every two days he is employed or enrolled.

S.C. Code § 24-13-230.

While some groups are barred from receiving credits by the nature of their offenses, the majority of offenders participate and can earn a maximum of 180 days per year off their sentences (SCDC, 1990).

Under the best of circumstances and excluding parole eligibility, this means that an inmate who has, for example, a 10 year sentence and is able to earn the maximum work credits will serve four and one-half years in prison. The inmate whose disability prohibits participation in work or school programs will spend six years of a 10 year sentence in prison. In addition tocosting the state more, this worst-case scenario means that inmates who have disabilities can spend significantly more time in prison than their able-bodied peers.

The Department of Corrections has tried to address the problem through some modifications in work assignments, working conditions and work duration to enable inmates with disabilities to earn some work credits. Sheltered workshops have been...