ORDERS:
FINAL ORDER
Grievance No. TCI 542-04
This
matter is before the Administrative Law Court (ALC or Court) pursuant to Inmate
Cleveland Sanders’ appeal of a final decision by the South Carolina Department
of Corrections (DOC or Department) in an inmate grievance proceeding on the
ground that DOC has made a withdrawal from non-wage related funds in the
inmate’s account to be applied to the cost of his DNA testing. He also appeals
the application of the statute on the ground that the failure to pay the DNA
testing fee prior to release from prison would enhance his sentence.
This
case was remanded to DOC by an Order filed September 6, 2005 so that the
missing proof that the memorandum of August 17, 2004 was actually sent and
proof that the Warden of Appellant’s institution provided the notice to all
inmates in a manner that satisfies the requirements of minimal due process may
be included in the record.
DOC
supplemented the record with the Affidavits of Warden Michael Sheedy and Sonya
Page. The Affidavit of Sonya Page indicates that she sent the memorandum on
August 18, 2004, while the Affidavit of Warden Michael Sheedy indicates that he
provided notice to all inmates in a manner that satisfies the requirements of
minimal due process.
I
conclude that such notice meets the demands of minimal due process. I conclude
that any funds deducted from Inmate Sander’s account which was deposited after
proper notice is properly deducted and no reimbursement is due by reason
thereof. I conclude that any funds (other than inmate wages) deposited in Inmate
Sander’s account prior to proper notice, and from which DOC has made deductions
for payment of the DNA fee, must be refunded as the same constitutes an
unlawful taking of private property without due process of law.
IT
IS THEREFORE ORDERED that any funds deducted from Inmate Sander’s account
which was deposited after proper notice is properly deducted and no
reimbursement is due by reason thereof.
IT
IS FURTHER ORDERED that any funds, other than inmate wages, deposited in
Inmate Sander’s account prior to proper notice, from which DOC made deductions
for payment of the DNA fee, must be credited to Inmate Sander’s account.
AND IT IS SO
ORDERED.
______________________________
John D. McLeod
Administrative Law Judge
November 23, 2005
Columbia, South Carolina |
