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Prisons & Jails – Administrative Jurisdiction – Constitutional – Due Process – Property Rights – Inmate Trust Account – First Impression
By: S.C. Lawyers Weekly staff//June 9, 2022
Prisons & Jails – Administrative Jurisdiction – Constitutional – Due Process – Property Rights – Inmate Trust Account – First Impression
By: S.C. Lawyers Weekly staff//June 9, 2022
The appellant-inmate challenges the respondent Department of Corrections’ collection of a $250 processing fee from his inmate trust account for the collection of his DNA for the South Carolina DNA Identification Record Database when he had already submitted a DNA sample – and been charged another $250 processing fee – following a previous conviction. Although there are no South Carolina appellate decisions on point, the court is persuaded by federal decisions to hold that the inmate has a property interest in his inmate trust account.
We reverse the Administrative Law Court’s dismissal for lack of jurisdiction, and we remand for a hearing on the merits.
Millholland v. South Carolina Department of Corrections (Lawyers Weekly No. 011-026-22, 3 pp.) (Per Curiam) Appealed from the Administrative Law Court (Ralph King Anderson, ALJ) James Millholland, pro se; Kensey Evans for respondent. S.C. App.
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