South Carolina              
Administrative Law Court
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SC Administrative Law Court Decisions

CAPTION:
Gary Collins #242273 vs. SCDOC

AGENCY:
South Carolina Department of Corrections

PARTIES:
Appellant:
Gary Collins #242273

Respondent:
South Carolina Department of Corrections
 
DOCKET NUMBER:
01-ALJ-04-00095-AP

APPEARANCES:
n/a
 

ORDERS:

ORDER OF DISMISSAL

STATEMENT OF THE CASE


This matter comes before the Administrative Law Judge Division ("ALJD" or "Division") pursuant to the appeal of Gary Collins, an inmate incarcerated with the South Carolina Department of Corrections ("Department"), filed on January 18, 2001. The Department has filed a motion to dismiss this appeal on the grounds that the Division does not have jurisdiction over this matter.
 


DISCUSSION


It is fundamental that "every court has the power and duty to determine whether or not is has jurisdiction of a cause presented to it for determination." Bridges v. Wyandotte Worsted Co., 243 S.C. 1, 8, 132 S.E.2d 18, 21 (1962). Accordingly, the "lack of subject matter jurisdiction can be raised at any time, can be raised for the first time on appeal, and can be raised suasponte by the court." Lake v. Reeder Const. Co., 330 S.C. 424, 248, 498 S.E.2d 650, 653.

On September 5, 2001, the Administrative Law Judge Division (ALJD) issued an En Banc Order in McNeil v. South Carolina Department of Corrections, 00-ALJ-04-00336-AP (September 5, 2001). The decision holds that the ALJD's appellate jurisdiction in inmate appeals is limited to two types of cases: (1) cases in which an inmate contends that prison officials have erroneously calculated his sentence, sentence-related credits, or custody status; and (2) cases in which the Department has taken an inmate's created liberty interest as punishment in a major disciplinary hearing. The issues addressed in the En Banc Order are binding upon this case. ALJD Rule 70 (F).

In this case, the Appellant asserts that the Department is denying him access to work release or vocational training. Although certain constitutional rights follow a person into confinement, there is no constitutional duty imposed on any governmental entity to rehabilitate a prisoner. McLamore v. State, 257 S.C. 413, 186 S.E.2d 250 (S.C. 1972). Furthermore, such is not a challenge to the calculation of a sentence, sentence-related credits, or custody status. Nor is the Appellant the object of punishment in a major disciplinary hearing in the instant case. Accordingly, no jurisdiction exists in the ALJD to decide this matter.

ORDER

IT IS THEREFORE ORDERED that the Appellant's appeal is dismissed for lack of subject matter jurisdiction.

AND IT IS SO ORDERED.
 

______________________________

Ralph King Anderson, III

Administrative Law Judge
 
 
 
 
 

October 10, 2001

Columbia, South Carolina


Brown Bldg.

 

 

 

 

 

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