Sumer County Sheriff, SC, FOIA Response Re SHP Contracts and Amendments, 2020

Sumer County Sheriff, SC, FOIA Response Re SHP Contracts and Amendments, 2020

• Locations: United States of America -> South Carolina • Topics: Private Contractors

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SUMTER COUNTY SHERIFF'S OFFICE
ANTHONY DENNIS, SHERIFF

July 23, 2020
Patrick J. McLaughlin, Esquire
Wukela Law Firm
403 Second Loop Road
Post Office Box 13057
Florence, SC 29504-3057
RE:
FOIA Requests to Sumter-Lee Regional Detention Center and Sumter County Sheriffs
Office
Dear Patrick,
Enclosed are copies of the documents referenced in my June 23, 2020 response to the above
referenced FOIA request.
You will notice that certain private identifying information has been redacted such as
drivers' license numbers, social security numbers, personal telephone numbers and addresses,
dates but not year of birth, and the like in order to avoid an unreasonable invasion of personal
privacy as set forth in S.C. Code §30-4-40(a)(2).
Thank you for your kind attention. An invoice is enclosed for the remaining balance in
the amount of $62.16 after crediting for the deposit of $19.92.
Please do not hesitate to contact me if you need anything further.

General Counsel

K.LW/lle
Enclosures
PURSUANT TO S.C. CODE §30-2-50, OBTAINING OR USING PUBLIC RECORDS FOR
COMMERCIAL SOLICITATION DIRECTED TO ANY PERSON IN THE STATEOF SOUTH CAROLINA
IS PROHIBITED, AND IS PUNISHABLE BY A FINE OF UP TO $500 AND IMPRISONMENT UP TO
ONE YEAR, OR BOTH.
SUMTER COUNTY SHERIFF'S OFFICE, 1281 NORTH MAIN STREET, P. 0 . BOX 430
SUMTER, SOUTH CAROLINA 29151-0430
Legal/Internal Affairs Office TELEPHONE: (803) 774-3888 FAX: (803) 774-3895 WEB: www.sumtersheriff.org

INVOICE

Sumter County Sheriff's Office
1281 North Main Street
Post Office Box 430
Sumter, South Carolina 29151-0430

DATE:

July 23, 2020

FOR:

FOIA Request

SUBJECT:

Inmate Healthcare
Services

BILL TO:

Patrick J. McLaughlin, Esquire
Wukela Law Firm
403 Second Loop Road
Post Office Box 13057
Florence, SC 29504-3057

DESCRIPTION

UNITS

Captain Detention Center @ 2 Hours and/or Paralegal @ .75 hours
Copy cost ($.40 per page)

RATE

AMOUNT

2.75

varies $

60.08

55.00

$0.40 $

22.00

$1 0.00 $

82.08

Audio or video recording disc

SUBTOTAL
TAX RATE

0.00%

Less deposit

19.92

Remaining Balance

62.16

SALES TAX

Make all checks payable to Sumter County Sheriff's Office.
Please enclose copy of this invoice with remittance.
Address envelope to the ATTENTION: Laura L. Emrich, Paralegal
THANK YOU FOR YOUR BUSINESS!

Southern Health
Partners
Your Partner In Affordable Inmate Healthcare

March 27, 2019

Mr, Gary M, Mixon
Sumter County Administrator
13 East Canal Street
Sumter, SC 29150
Re:

Health Services Agreement

Dear Mr, Mixon:
SHP is in receipt of your letter dated March 20, 2019, This correspondence hereby serves to
acknowledge the County's cancellation of the Health Services Agreement coinciding with expiration of the
current period on Ju1e 30, 2019,
We look forward to s~bmitting a bid in response to the Request for Proposals, SHP 1respectfully requests
that Sumter County keep our contract price 2nd a:! of our proprietary information, forms, manuals. 2nd
other SHP work product materials codidental and secure in compliance with the contract terms. as
information is made accessible to, and exchanged with, vendors looking to bid on services.
We value the relationship we have had with the County over the past twelve years and woula welcome
the opportunity to continue partnering together in the years to come. Should you have any questions. feei
free
to
contact
me
directly
by
phoi1e
at
423-305-6967,
or
by
email
to
ie n nifer. ha irsine@southernheaithpartners. con-,

Sincerely,

J~nnifer Hairsine
President and Chief Executive Officer
JIH/cph
cc:

Sheriff Anthony Dennis

203'0 Hamiiton Place Boulevard, Suite 140
Chattanooga, TN 37 421
423.553.5635 [phone) 423.553.5645 [fax)

GARY M. MIXON
ADMINlSTRATOR

~u m t e r <!Co u n t p

ADMINISTRATION BUILDING
13 EAST CA.i"fAL STREET
TELEPHONE: (803) 436-2102
FAX: (803) 436-2108

~umter, ~outb QI:arolina
29150
March 20, 2019

Southem Health Panners, Inc.
2030 Hamilton Place Blvd., Suite I 40
Chattanooga, TN 37421
Attn: President

CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Dear Ms. Hairsine:
You may be aware that the Sumter County Sheriff now operates the Sumter-Lee Regional Detention Center.
Pursuant to the Sheriff Dennis' recommendation, Sumter County, consistent with its Procurement Code, soon will
be issuing a Request for Proposals for inmate health care services at the Sumter-Lee Regional Detention Center.
If a new provider is selected, that provider will begin to operate on July I. 20 I 9. Consequently, I am obliged to
inform you, pursuant to Article VI, Section 6.2(c) and Section 9.3 of the Health Services Agreement between
Sumter County and Southern Health Partners, Inc. dated May 3, 2016, (as most recently amended by yo·ur
letter of March 16, 2017, acknowledged by Robert E. Galloway, Sumter County Purchasing Director on
March 27, 2017) that Sumter County is hereby giving notice of cancellation of the Agreement effective the
close of business on June 30, 2019.
We appreciate the services that Southern Health Panners, Inc. has provided at the Sumter-Lee Regional Detention
Center over the last several years. However, it is the intention of Sumter County and the Sumter County Sheriff
to continue providing high quality inmate health services while keeping up with changes in needs and changes in
management, and updating and potentially expanding the delivery of inmate health services.

In light of the congenial and mutually beneficial relationship 1,ve have enjoyed, Sumter County wouid \1,,elcome
your firm's response to the new Request for Proposals. ff you are selected. then we will have a new contact
beginning July l, 2019.
Sumter County and the Sumter County Sheriffs Office thank you for the services you have been providing. We
look forward to continuing our relationship in the coming months as we work together to help ensure a smooth
transition going forward.
Sincerely,

,>Ci~/M.r'l-~
Gary M. Mixon
cc:

Anthony Dennis, Sumter County Sheriff

"The Gamecock County"

I Southern Health

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Cannan Hamiito11
Contracts Manager
/cph

cc.

Ms. Kathy VVard

SLH\.~TER_ C:C,IJNT'f SC:
8r:ERiFF=s CJFFJC:E

""
ISouthern H ealth
V Partners

Sumter County, South Carolina

October 05, 2017
Sheriff Anthony Dennis
Sumter-Lee Regional Detention Center
1250 Winkles Road
Sumter, South Carolina 29150
Dear Sheriff Dennis,
Southern Health Partners, Inc. (SHP) thanks you for the allowing us to propose an enhancement to our
rnrrpnt inmate mPdical rrogram at the Sumter-Lee Re?ion al Detention Center. \f\./e understand a
significant factor in inmate healthcare revolves around more than just the medical aspect, but mental
health as well. With this in mind, we are proposing an amendment to our current program for the
addition of mental health coverage within the Sumter-Lee Regional Detention Center.
SHP uses a team approach for mental health services on-site, starting at the patient intake. Our medical
staff will work as a bridge in caring for those in our custody and assist with discharge planning as they
transition back to the community with follow-up and public health resources.
We are proposing a Qualified Mental Health Professional (QMHP) to work up to 4 hours each week to
evaluate medications, assess inmates for suicide prevention, counsel inmates as nee_ded, and otherwise
assists the nurse administrator with mental health care. This staff member will also assist in t he
discharge planning by ensuring adequate attention, assistance, and care are the primary focuses to
ensure the patient is assisted to succ~ed. These services will be provided via a telehealth link wit) a
Qualified Mental Health Provider. The! QMHP w ill serve as the liaison between the facility, patien s,
t heir families, community based organizations, mental health co urt, and veterans court to advocate or
the needs of mentally ill patients.
All inmates will be evaluated for mental health problems eit her t hrough intake screen ing, during thei r
history and physical, or by the inmate's own request t hrough a sick call.
Inmates exhibiting
problematic/questionable behavior may be seen sooner, and inmates exhibiting severe psychiatric
disturbances will be seen immediately. Psychotropic medications, when used, w ill be monitored closely
for patient compliance . Any needed lab testing will be done under Provider's order to ensure
therapeutic levels are met and are stable. Outside referrals for t reat ment plans may be necessary given
t he patient' s condition and/or diagnosis. If an outside mental health provider is engaged by the County
fo r provision of services, we will coordinate our w ork with t hem.
SHP has established a written plan for identifying and responding to suicidal individuals within the
facility. All SHP medical personnel and facility correctional officers will be trained in suicide prevention
techniques. The plan established will incorporate recognizing and responding to suicidal individuals and
the components will include but not be limited to training, intake screening, monitoring,
communication, intervention and critical incident debriefing.
W e understand the importance of timeliness when it comes to certain mental health conditions found
within the facility, so we utilize the latest technology and efficiency to inmate healthcare and provide
Telemedicine services that offer live interactive, face-to-face digital consultations w hich may include the
following clinical scenarios:
•
•

Psychiatric consultation and treatment
Therapeutic counseling

•

Medication management and
recommendations

____________,,____________
October 2017

Page 1 1

ll.l!f I Southern Health

Sumter County, South Caroli na

Partners

SHP has found the use of telemedicine services, as a supplement to on-site provider staffing, helps
eliminate barriers due to distance as well as improves access to ce rtain providers not consistently
available to our incarcerated population .
Other benefits to using telemedicine include:
•
•
•
•

Potent ial reduction in ER visits or hospitalizations
Better access and delivery of behav ioral health resources
Increased quality of care for patients
Reduction of delays due to inclement weather

All equipment for this use will be provided by SHP, we only ask the County t o provide access and use of
a wi-fi connection. Use of such services can allow for greater access to care while minimizing an outside
visit and security constraints.

Annualized Base Price

Monthly Price

$12,578.76

$1,048.23

QMHP on-site up to 4 hours/week
+ Telemedicine Services

Our annualized price to furnish the proposed ln enta l health coverage is $12,587.76 ($1,048.23 per
mont h) in addition to the current contract price.
The flexibil ity of t his service allows us to monitor the efficie ncy and adjust w here needed. We will
provide quart erly repo rting as to patients being seen, t here by keeping you and t he County aware of
service provisions. Fo r any needs of outside evaluations, we would place those charges in the Cost Pool.
W e bel ieve that an efficient, high-quality menta l health prog ram has been detailed in t his let ter. We are
prepar ed to discu ss any aspects of the program, its cost, or alternatives with representatives of Sumter
Co unty at any time. Than k you for your time in reviewing this and we should an yt hing f urther be
needed from SHP, please do not hesitate to reach ou t t o us.
Sincerely,

Jennifer Hairsine
President and Chief Executive Officer
cc: Lacey Lafu ze, Vice President and Chief Financial Officer
Wes Willia mson, Senior Vice President of Client Relations
Chris Hudson, Correctional Health Consultant

___________,,___________
I

October 2017

Page I 2

Southern Health
Partners
Your Partner In AffordoQle !nrnate HE:-aithca:e

March 16, 2017

Mr. Bobby Galloway
Sumter County Purchas!ng Dept.
13 East Cana! Street
Sumter, SC 29150
Re:

Health Services Agreement

Dear Bobby:
SHP continues to be a proud partner with Sumter County and the Detention Center Administration in
providing for the delivery of inmate health services. I am writing this letter to acknowiedge renewal of the
Health Services Agreement for the 2017-2018 contract period.
Keeping in mind our last annual price increase was in 2013, it will be time for an annual adjustment this
year to help us keep up with costs. In South Carolina, with nurse wages having risen considerably, we
have had to offer higher pay rates exceeding our site budget in order to be competitive with local area pay
for nurses. The increase will help us recoup some of these costs, plus many of our other operating
expenses have continued to steadily increase over time, inciuding those related to insurance,
administration and travel. We remain committed to staffi,19 the facility with well-qualified corrections
nurses and providing an exemplary program of care.

\f\Je have planned on

3 3% infistionary increase for 2017-2018. Please iook ~er the r:ionth!y billings to
adjust accordingly in Hne V,"ith the renewal. The new per dieITl and base contra.ct 2rno 1_wt 2m noted below
for your records.

Contract period:
Base annualized fee:
Per diem greater than 350:
Annual outside cost ~,co! !irriit:

July 1, 2017, through June 30, 2018
$649,256.76 ($54.104. 73 per month)
S0.32
$75,000.00

Of course, if you have anf questions related to the contract or SH P's ser\lices. pie2s2 fee! free to give rne
a ca:!. l'H be happy to assist You can reach me direct in our NC/SC Region2I Office at 803-802-1492.
Othervvlse. this letter :s ym.:r.s to keep. l \Vill ask you to return a signed copy for r:w ::.•:·:;tract fiie by on or
before April 15, 2017 (c,r as soon thereafter as possible). A scanned emair copy or fe.1;ecJ copy wH! be fine
(803-802-1495 direct fax or email c2rmsn.namiiton@southernhea!thoartG:::rs.c;::·,1T). Except 2s noted
above, or as may be modified or amended by mutuai written agreement between the parties, al!
provisions of the contract win remain in full force and effect.

Thank you in advance. We look forward to continued business with Sumter County for many years to
come.
Sinc;rt:.._

SUMTER COUNTY, SC

('a_

c~~
Contracts Man

BY:

/cph
cc:

imon Major, Director of Detention
2030 Hamilton Place Boulevard, Suite 140
Chattanooga, TN 37421
423.553.5635 (phone) 423.553.5645 (fax)

Southern Health
Partners
Your Partner In Affordable Inmate Healthcare

April 23, 2009

Mr. Robert E. Galloway, Jr.
Sumter County Purchasing Dept
13 East Canal Street
Sumter, SC 29150
Re:

Health Services Agreement

Dear Mr. Galloway:
We appreciate the opportunity to work with you and Sumter County in managing the medical needs of the
inmates at the Sumter-Lee Regional Detention Center. Please allow this correspondence to confirm the
renewal and extension of our Health Services Agreement for the twelve-month period effective July 1,
2009, through June 30, 2010, We are requesting a two percent (2%) increase in compensation fees for
the contract period beginning July 1, 2009
As a procedural matter, I am enclosing duplicate, executed originals of a contract Amendment to formally
ackno~edge the renewal and extension of our Agreement throughiune 30, 2010. Note the annual cost
pool Ii 'twill remain at $75,000.00 for the 2009-2010 contract perio . Absent changes in the terms of our
Agree ent, the County's base compensation fee will increase by tw percent (2%) effective July 1, 2009,
as follows:
Contract period:
Base annualized fee:
Base monthly fee:
Base contractual ADP limit (range):
Annual outside cost pool limit:

July 1, 2009, through June 30, 2010
$624,588.72
$52,049.06
450 to 550
$75,000.00

Assuming the Amendment is satisfactory in its present form, kindly provide your assistance in obtaining
the appropriate signature(s) on behalf of the County and return one fully-executed original to our corporate
office at the following address:
Ms. Jennifer Hairsine, EVP
Southern Health Partners, Inc.
811 Broad Street, Suite 500
Chattanooga, TN 37402

Should you have questions, please feel free to contact either myself or Jeff Reasons. We can be reached
in our North Carolina regional office at 704-583-9515
Sincerely,
so_u~~~H~NERS. INC.
Carmen Hamilton
Contracts Manager

/cph
Enclosures
811 Broad Street, 5th noor
Chattanooga, TN 3 7402

II
Mr. Robert E. Galloway, Jr.
County of Sumter
Office of the Purchasing Agent
13 East Canal Street
Sumter, SC 29150
Re:

Health Services Agreement

Dear Mr. Galloway:
As you are aware, Southern Health Partners has contracted with Sumter County to
provide inmf te health care services at the Sumter-Lee Regionf I Detention Center.
Please allo this correspondence to confirm the scheduled re ewal of our Health
Services A reement and compensation rate changes effective n July 1, 2008, as
follows:
Contract period:
Base annualized fee:
Base monthly fee:

July 1, 2008, through June 30, 2009
$612,341.88
$51,028.49

You will note the renewal rates represent a three percent (3%) increase in fees pursuant
to Section 7.3 of our Health Services Agreement Except as stated above, and absent
any changes to the program during the contract period, the terms of our Agreement will
otherwise remain the same.
Do not hesitate to contact either myself or Jeff Reasons should you have any questions
or concerns. We can be reached in our North Carolina regional office at 704-583-9515.
Sincerely,
SOUTHERN HEAL TH PARTNERS, INC.

r\ -~ lQ,~*1u~

c\irmen Hamilton
Contracts and Risk Manager
/cph

3712 RINGGOLD FtOAD. #364. CHA.TTAl·)OOGA. TN .37412

..1~~3'5'.'i:J"!:'.6215

T
E

May 2, 2007

Mr. Robert E. Galloway, Jr.
County of Sumter
Office of the Purchasing Agent
13 East Canal Street
Sumter, SC 29150
Re:

Health Services Agreement

Dear Mr. Galloway:
As you are aware, Southern Health Partners has contracted with Sumter County to
provide inmate health care services at the Sumter-Lee Regional Detention Center.
Please allow this correspondence to confirm the scheduled renewal of our Health
Services Agreement and compensation rate changes effective on July 1, 2007, as
follows:

Contract period:
Base annualized fee:
Base monthly fee:
OCP Limits:

July 1, 2007, through June 30, 2008
$594,506.64
$49,542.22
$75,000

Please note the renewal rates represent a two percent (2%) increase in annualized fees
pursuant to Section 7.3 of our Health Services Agreement. The terms of the Agreement
will otherwise remain the same for the new contract period beginning July 1, 2007, and
we will maintain the program of services currently in place at the facility.
Of course, if you have any questions or would like to discuss modifications to the
program, please feel free to contact either myself or Mr. Reasons at 704-583-9515. We
appreciate the opportunity to remain associated with you and Sumter County.
Sincerely,
SOUTHERN HEAL TH PARTNERS, INC.

Carmen Hamilton
Contracts and Risk Manager
/cph

Fe>:

'3'"~'', :; •-;r:,;.=

c R N
T
N

3712 RINGGOLD ROAD, 11364. CHATTANOOGA, TN 37412

423•553•5535

E R S

January 8, 2007

Robert E. Galloway, Jr.
County of Sumter
Office of the Purchasing Agent
13 East Canal St
Sumter, SC 29150

Dear Mr. Galloway:
I appreciate the opportunity to work with Sumter County on finalizing the contract
relationship between the County and Southern Health Partners.
I have enclosed two signed original contract forms for review. This contract is
the same form I used for the attachment to the first response to the RFP last
year. I cleaned up the language in Section 7.2 covering the payment of a per
diem amount for excess over 550. I eliminated the requirement for a per diem
payment since we did not a~ree to that.
Also, I noted an error in Section 1.5 covering the Cost Pool accounting.
However, since I had submitted this contract as a part of the bid document, I will
honor the draft contract requirement that we repay to Sumter County any part of~ the $75,000 cost pool amount that is not used for the cost of items covered by
that section.
The other changes made related to the dates of the Agreement and pro-rating
the base price, etc. Please let me know if you would like to discuss any of the
items contained in the contract. We look forward to the February 1st start date.
Please return an executed copy to:
Jennifer Hairsine, Executive VP
Southern Health Partners, Inc.
3712 Ringgold Rd. #364
Chattanooga, TN 37412
I can be reached at (704) 583-9515 or mobile at (704) 589-9859.
.
I
S 1ncere,y,

/Ad,i___Q~~
~«r~y1Reasons
President

FAX 423"553•564.S

HEALTH SERVICES AGREEMENT
THIS AGREEMENT between !he County of Sumter, South Carolina (hereinafter
referred to as "County"), and Southern Health Partners, lnc. a Dela'{ipre corporation,
1
(hereinafter referred to as "SHP"), is entered into as of the }'.:-'tlay of /11t:tl
, 201..6_.
Services under this Agreement shall commence on July 1, 2014, and
all continue
through June 30, 2015, in accordance with Section 6.1.
WITNESSETH:

WHEREAS, the County, which provides funding as approved by the Sumter
County Council for the Sumter-Lee Regional Detention Center facility (hereinafter called
"Jail"), desires to enter into this Agreement with SHP in order that SHP shall have
responsibility for obtaining and providing reasonably necessary medical care for
inmates or detainees of the Jail under the express terms and conditions of this
Agreement; and,
WHEREAS, SHP is in the business of providing correctional health care services
under contract and desires to provide such services for County under the express terms
and conditions hereof.
/
NOW THEREFORE, in consideration, of the mutual covenants and promises
hereinafter made, the parties hereto agree as follows:

ARTICLE I: KEALTH CARE SERVICES.
1.1
General Engagement. County hereby contracts with SHP to provide for
the delivery of all medical, dental and mental health services to inmates of Jail. This
care is to be delivered to individuals under the custody and control of County at the Jail,
and SHP enters into this Agreement according to the terms and provisions hereof.
1.2
Scope of General Services. It shall be the responsibility of SHP to provide
and/or arrange all medical care of an inmate which will commence with the booking and
physical placement of said inmate into the Jail upon notification to SHP staff. The
health care services provided by SHP shall be for all persons committed to the custody
of the Jail, except those identified in Section 1.7, and shall be in the sole discretion of
SHP as to the medical treatment provided. SHP shall provide and/or arrange for all
professional medical, dental, mental health and related health care and administrative
services for the inmates, regularly scheduled sick call, nursing care, regular physician
care, medical specialty services, emergency medical care, emergency ambulance
services when medically necessary, medical records management, pharmacy services
management, administrative support services, and other services, all as more
specifically described herein. SKP acknowledges it has been provided a copy of the

Minimum Standards for Local Detention Facilities in South Carolina (with an effective
date of July 26, 2013) and SHP agrees it shall provide medical treatment in accordance
with those standards.
SHP shall be financially responsible for the costs of all physician and nurse
staffing, over-the-counter medications, medical supplies, on-site clinical lab procedures,
medical hazardous waste disposal, office supplies, forms, folders, files, travel
expenses, publications, administrative services and nursing time to train officers in the
Jail on various medical matters. SHP's financial responsibility for the costs of all
emergency kits and restocking of emergency kit supplies, all necessary license and
permit fees, all prescription pharmaceuticals, all x-ray procedures (inside and outside
the Jail), all dental services (inside and outside the Jail) and all medical and mental
health services rendered outside the Jail shall be limited by the annual cost pool
described in Section No. 1.5 of this Agreement. All pool costs in excess of the annual
cost pool limit shall be the financial responsibility of the County, or shall not otherwise
be the financial responsibility of SHP.
1.3
Specialty Services. In addition to providing the general services described
above, SHP by and through its licensed healti care providers shall arrange and/or
provide to inmates at the Jail specialty medi al services to the extent such are
determined to be medically necessary by SHP. n the event non-emergency specialty
care is required 9nd cannot be rendered at the Jail, SHP shall make arrangements with
County for the transportation of the inmates in accordance with Section 1.9 of this
Agreement.
1.4
Emergency Services. SHP's services shall include arranging or providing
emergency medical care to inmates, as medically necessary.
1.5
Limitations On Costs - Cost Pool. SHP shall, at its own cost, arrange for
medical services for any inmate who, in the opinion of the Medical Director (hereinafter
meaning a licensed SHP physician), requires such care. SHP's maximum liability for
costs associated with all emergency kits and restocking of emergency kit supplies, all
necessary license and permit fees, all prescription pharmaceuticals, all x-ray
procedures (inside and outside the Jail), all dental services (inside and outside the Jail)
and all medical and mental health services for inmates rendered outside of the Jail will
be limited by a pool established in the amount of $75,000.00 in the aggregate for all
inmates in each year (defined as a twelve-month contract period) of this Agreement. If
the costs of all care as described in this Section 1.5 exceed the amount of $75,000.00
in any year, SHP will either pay for the additional services and submit invoices
supporting the payments to the County along with an SHP invoice for one hundred
percent (100%) of the costs in excess of $75,000.00, or in the alternative, will refer all
additional qualifying invoices to County for payment directly to the provider of care. For
all invoices payable to SHP as reimbursement tor pool excess costs, such amounts
1

shall be payable by County within thirty days of the SHP invoice date. SHP will allow a
grace period of up to sixty days from the date of invoice, and will thereafter apply a late
fee of two percent (2%) on the balance each month until SHP has been reimbursed in
full. For purposes of this Section 1.5, the pool amount will be prorated for any contract
period of less or more than twelve months.
The intent of this Section 1.5 is to define SHP's maximum financial liability and
limitation of costs for all emergency kits and restocking of emergency kit supplies, all
necessary license and permit fees, all prescription pharmaceuticals, all x-ray
procedures (inside and outside the Jail), all dental services (inside and outside the Jail),
all hospitalizations and all other medical and mental health services rendered outside
the Jail.
1.6
Injuries Incurred Prior to Incarceration: Pregnancy. SHP shall not be
financially responsible for the cost of any medical treatment or health care services
provided to any inmate prior to the inmate's formal booking and commitment into the
Jail.
Furthermore, SHP shall not be financially re~ ponsible for the cost of medical
treatment or health care services provided outside (he Jail to medically stabilize any
inmate presented at booking with a life threatening injury or illness or in immediate need
· of emergency medical care.
'

Once an inmate has been released from the entity providing medical care to be
committed to the Jail, SHP will, commencing with the booking and physical placement
of said inmate into the Jail upon notification to SHP staff, then become responsible for
providing and/or arranging for all medical treatment and health care services regardless
of the nature of the illness or injury or whether or not the illness or injury occurred prior
or subsequent to the individual's incarceration at the Jail. An inmate shall be
considered medically stabilized when the inmate's medical condition no longer requires
immediate emergency medical care or outside hospitalization so that the inmate can
reasonably be housed inside the Jail as determined by SHP or other medical provider.
SHP's financial responsibility for such medical treatment and health care services shall
be in accordance with, and as limited by, Sections 1.2 and 1.5 of this Agreement.
It is expressly understood that SHP shall not be responsible for medical costs
associated with the medical care of any infants born to inmates. SHP shall provide
and/or arrange for health care services to inmates up to, through, and after the birth
process, but SHP shall not be responsible for the cost of health care services provided
to an infant following birth, other than those services that may be delivered in the Jail
prior to transport to a hospital. In any event, SHP shall not be responsible for the costs
associated with performing or furnishing of abortions of any kind.

1. 7

Inmates Outside the Facilities. The health care services contracted in the
Agreement are intended only for those inmates who are included in the Jail's Daily
Population Count (hereinafter "DPC"), which includes inmates in the actual physical
custody of the Jail and inmates held under guard in outside hospitals or other medical
facilities who remain in official custody of the Jail. No other person(s}, including those
who are in any outside hospital who are not under guard, shall be the financial
responsibility of SHP, nor shall such person(s} be included in the DPC.
Inmates on any sort of temporary release or escape, including, but not limited to
inmates temporarily released for the purpose of attending funerals or other family
emergencies, inmates on escape status, inmates on pass, parole or supervised custody
who do not sleep in the Jail at night, shall not be included in the daily population count,
and shall not be the responsibility of SHP with respect to the payment or the furnishing
of their health care services.
The costs of medical services rendered to inmates who become ill or who are
injured while on such temporary release or work-release shall not then become the
fin1ncial responsibility of SHP after their return to the 4ail. This relates solely to the
co,ts associated with treatment of a particular illness or injury incurred by an inmate
whtle on such temporary release. In all cases, SHP shall be responsible for providing
rredical care for any inmate who presents to medic~! staff on-site at the Jail to the
extent such care can be reasonably provided on-site, or shall assist with arrangements
to obtain outside medical care as necessary. The costs of medical services associated
with a particular illness or injury incurred by an inmate while on temporary release or
work-release is the personal responsibility of the inmate, whether covered by workers'
compensation, medical insurance, accident insurance, or any other policy of insurance
or source of payment for the inmate's medical and hospital expenses. In the absence
of adequate insurance coverage, or other source of payment for such inmate's medical
care expenses, such costs may, at the election of the County, be applied toward the
annual cost pool described in Section No. 1.5. Such costs shall not otherwise be the
financial responsibility of SHP.
Persons in the physical custody of other police or other penal jurisdictions at the
request of County, by Court order or otherwise, are likewise excluded from the Jail's
population count and are not the responsibility of SHP for the furnishing or payment of
health care services.

1.8 Elective Medical Care. SHP shall not be responsible for providing elective
medical care to inmates, unless expressly contracted for by the County. For purposes
of this Agreement, "elective medical care" means medical care which, if not provided,
would not, in the sole discretion of SHP, cause the inmate's health to deteriorate or
calse definite harm to the inmate's well-being. Any rerommendation that any inmate

receive elective medical care must be communicated to County in order to determine
the inmate's payment for services and to assist with the transportation, if necessary, for
provision of such services.
1.9
Transportation Services. To the extent any inmate requires off-site nonemergency health care treatment including, but not limited to, hospitalization care and
specialty services, for which care and services SHP is obligated to arrange under this
Agreement, County shall, upon prior request by SHP, its agents, employees or
contractors, provide transportation as reasonably available provided that such
transportation is scheduled in advance. When medically necessary, SHP shall arrange
all emergency ambulance transportation of inmates in accordance with Section 1.4 of
this Agreement.
ARTICLE II: PERSONNEL.

2.1
Staffing. SHP shall provide medical and support personnel reasonably
necessary for the rendering of health care services to inmates at the Jail as described
in and required by this Agreement.

~-2

Licensure Certification and Re istration of ersonnel. All personnel
provid!fd or made available by SHP to render services he eunder shall be licensed,
certified or registered, as appropriate, in their respective areas of expertise as required
by applicableI South Carolina law, and it shall be the sole responsi~ility
of SHP to insure
'
compliance in this regard.
2.3
County's Satisfaction with Health Care Personnel. If County becomes
dissatisfied with any health care personnel provided by SHP hereunder, or by any
independent contractor, subcontractors or assignee, SHP, in recognition of the sensitive
nature of correctional services, shall, following receipt of written notice from County of
the grounds for such dissatisfaction and in consideration of the reasons therefor,
exercise its best efforts to resolve the problem. If the problem is not resolved
satisfactorily to County, SHP shall remove or shall cause any independent contractor,
subcontractor, or assignee to remove the individual about whom County has expressed
dissatisfaction. Should removal of an individual become necessary, SHP will be
allowed reasonable lime, prior to removal, to find an acceptable replacement, without
penalty or any prejudice to the interests of SHP.
2.4
Use of Inmates in the Provision of Health Care Services. Inmates shall
not be employed or otherwise engaged by SHP in the direct rendering of any health
care services.
2.5
Subcontracting and Delegation. In order to discharge its obligations
hereunder, SHP may engage certain health care professionals as independent
contraftors rather than as employees. County consents )to such subcontracting or

delegation. As the relationship between SHP and these health care professionals will
be that of independent contractor, SHP shall not be considered or deemed to be
engaged in the practice of medicine or other professions practiced by these
professionals. SHP shall not exercise control over the manner or means by which
these independent contractors perform their professional medical duties. However,
SHP shall exercise administrative supervision over such professionals necessary lo
insure the strict fulfillment of the obligations contained in this Agreement. For each
agent and subcontractor, including all medical professionals, physicians, dentists and
nurses performing duties as agents or independent contractors of SHP under this
Agreement, SHP shall provide County proof, if requested, that there is in effect a
professional liability or medical malpractice insurance policy, as the case may be, in an
amount of at least one million dollars ($1,000,000.00) coverage per occurrence and five
million dollars ($5,000,000.00) aggregate. SHP agrees to indemnify County for such
subcontractors, in the event of a claim arising solely out of the aforementioned program
of health services, for actions or inactions within the course and scope of their duties for
SHP.
2.6
Discrimination. During the performance of this Agreement, SHP, its
employee' agents, subcontractors, and assignees agree as follors:
a. None will discriminate against any employee or applicant for
employment becaus of race, religion, color, sex or national origin,
1
except where religion, sex or national origin is a bona fide occupational
qualification reasonably necessary to the normal operation of the
contractor.
b. In all solicitations or advertisements for employees, each will state that
it is an equal opportunity employer.
c. Notices, advertisements and solicitations placed in accordance with
federal law, rule or regulation shall be deemed sufficient for the
purpose of meeting the requirements of this section.
d. All SHP employees and subcontractors will be familiar with the Prison
Rape Elimination Act (PREA} and will comply with the County Policy
Manual as it relates to PREA and the responsibilities of medical staff
once notified of a sexual assault.
ARTICLE Ill REPORTS AND RECORDS
3.1
Medical Records. County acknowledges that SHP's responsibility for all
inmate medical records commenced on February 1, 2007, under the former
consecutive Health Services Agreement entered into between the parties, and that the
responsibililty for all inmate medical records prior to February 1, 007, rests solely with

the County. Nothing in this Agreement shall be interpreted to impose responsibility on
SHP for inmate medical records prior to February 1, 2007. County does further
acknowledge, however, that SHP wiH assist County with the fulfillment of requests for
production of medical records for those medical services provided prior to February 1,
2007, to the extent such records exist and are available to SHP, and by doing so does
not assume any responsibility for such records. It is mutually understood by both
parties that, since February 1, 2007, SHP has been and shall continue to serve as the
Records Custodian in all medical record matters, in accordance with all applicable laws.
Since February 1, 2007, under the former consecutive Health Services
Agreement entered into between the parties, SHP has agreed to maintain a complete
and accurate medical record for each inmate who has received health care services.
Each medical record will be maintained in accordance with applicable laws. The
medical records shall be kept separate from the inmate's confinement record. A
complete legible copy of the applicable medical record shall be available, at all times, to
County as custodian of the person. Medical records shall be kept confidential. Subject
to applicable law regarding confidentiality of such records, SHP shall comply with South
Carolina law and County's policy with regard to access by inmates and Jail staff to
medical recordjS. No information contained in the medical records s~all be released by
SHP except ;s provided by County's policy, by a court orde~ or otherwise in
accordance with the applicable law. SHP shall, at its own cost, provide all medical
records, forms; jackets, and other materials nece~sary to maintain th'e medical records.
At the termination of this Agreement, all medical records shall be delivered to and
remain with County. However, County shall provide SHP with reasonable ongoing
access to all medical records even after the termination of this Agreement for the
purposes of defending litigation.
3.2
Regular Reports by SHP to County. SHP shall provide to County, on a
date and in a form mutually acceptable to SHP and County, monthly statistical reports
relating to services rendered under this Agreement.
3.3
Inmate Information. Subject to the applicable South Carolina law, in order
to assist SHP in providing the best possible health care services to inmates, County
shall provide SHP with information pertaining lo inmates that SHP and County mutually
identify as reasonable and necessary for SHP to adequately perform its obligations
hereunder.
3.4
SHP Records Available to County with Limitations on Disclosure. SHP
shall make available to County, al County's request, records, documents and other
papers relating to the direct delivery of health care services to inmates hereunder.
County understands that written operating policies and procedures employed by SHP in
the performance of its obligations hereunder are proprietary in nature and shall remain
the property 9f SHP and shall not be disclosed without written corsent. Information

concerning such may not, at any time, be used, distributed, copied or otherwise utilized
by County, except in connection with the delivery of health care services hereunder, or
as permitted or required by law, unless such disclosure is approved in advance writing
by SHP. Proprietary information developed by SHP shall remain the property of SHP.
3.5
County Records Available to SHP with Limitations on Disclosure. During
the term of this Agreement and for a reasonable time thereafter, County shall provide
SHP, at SHP's request, County's records relating to the provision of health care
services to inmates as may be reasonably requested by SHP or as are pertinent to the
investigation or defense of any claim related to SHP's conduct. Consistent with
applicable law, County shall make available to SHP such inmate medical records as are
maintained by County, including any such records in County's possession from
hospitals and other outside health care providers involved in the care or treatment of
inmates, as SHP may reasonably request. Any such information provided by County to
SHP that County considers confidential shall be kept confidential by SHP and shall not,
except as may be required by law, be distributed to any third party without the prior
written approval of County.

ARTICLE Iv: se;uRITY
4.1
Gen ral. SHP and County understand that adequate s4curity services
are essential and necessary for the safety of the agents, employees and subcontractors
of SHP as well as fpr the security of inmates and County's staff, consis/ent with the
correctional setting. County shall take all reasonable steps to provide sufficient security
to enable SHP to safely and adequately provide the health care services described in
this Agreement. It is expressly understood by County and SHP that the provision of
security and safety for the SHP personnel is a continuing precondition of SHP's
obligation to provide its services in a routine, timely, and proper fashion, to the extent
that if, in SHP's sole discretion, the safety and security of SHP personnel are
compromised, SHP may exercise its right to terminate services, in accordance with the
provisions of Section No. 6.2(b) of this Agreement.

Security During Transportation Off-Site. County shall provide prompt and
timely security as medically necessary and appropriate in connection with the
transportation of any inmate between the Jail and any other location for off-site services
as contemplated herein.
ARTICLE V: OFFICE SPACE, EQUIPMENT, INVENTORY AND SUPPLIES
5.1
General. County agrees to provide SHP with reasonable and adequate

office and medical space, facilities, equipment, local telephone and telephone line and
utilities and County will provide necessary maintenance and housekeeping of the office
space and facilities.
5.2
Delivery of Possession. County will provide to SHP, beginning on the
date of commencement of this Agreement, possession and control of all County
medical and office equipment and supplies in place at the Jail's health care unit. At the
termination of this or any subsequent Agreement, SHP will return to County's
possession and control all supplies, medical and office equipment, in working order,
reasonable wear and tear excepted, which were in place at the Jail's health care unit
prior to the commencement of services under this Agreement.
5.3
Maintenance and Replenishment of Equipment. Except for the equipment
and instruments owned by County at the inception of this Agreement, any equipment or
instruments required by SHP during the term of this Agreement shall be purchased by
SHP at its own cost. At the end of this Agreement, or upon termination, County shall be
entitled to purchase SHP's equipment and instruments at an amount determined by a
mutually agreed depreciation schedule.
5.4
General aintenance Services. County agrees that it is properlfor SHP to
provide each and every inmate receiving health care services the same services and
facilities available to, a'nd/or provided to, other inmates at the Jail.
'
ARTICLE VI: TERM AND TERMINATION OF AGREEMENT
6.1
Term. This Agreement shall commence on July 1, 2014. The initial term
of this Agreement shall end on June 30, 2015, and shall be automatically extended for
additional one-year terms, subject to County funding availability, unless either party
provides written notice to the other of its intent to terminate or non-renew, in
accordance with the provisions of Section No. 6.2 of this Agreement.
6.2
Termination.
This Agreement, or any extension thereof, may be
terminated as otherwise provided in this Agreement or as follows:
(a}

Termination by agreement. In the event that each party mutually
agrees in writing, this Agreement may be terminated on the terms
and date stipulated therein.

(b}

Termination for Cause. SHP shall have the right to terminate this
Agreement at any time for Cause, which may be effected after
establishing the facts warranting the termination, and without any
further obligation to County, by giving written notice and a
statement of reasons to County in the event:

(i)

the safety and security of SHP personnel is determined by
SHP, in its sole discretion, to be compromised, either as a
direct, or indirect, result of County's failure to provide adequate
security services, the provision of which is a continuing
precondition of SHP's obligation to perform work under this
Agreement, or

(ii)

County fails to compensate SHP for charges or fees due,
either in whole, or in part, under this Agreement, according to
the terms and provisions as stated herein.
However, upon notice by SHP of any actions or circumstances
constituting Cause under (i) or (ii) above, County shall have twentyfour (24) hours after notice to propose a remedy to cure such
actions or circumstances, and if the proposed remedy is acceptable
to SHP, County shall have up to thirty (30) days either to implement
the remedy or to make substantial progress toward completion of
the rrmedy, depending upon the complexity of the rtmedy,
following delivery of written notice by SHP setting forth the ctions
or circumstances constituting Cause. In all cases, performance
under'this Agreement may be susperided immediately by SHP, if,
in SHP's sole discretion, such immediate suspension of services is
necessary to preserve !he safety and well-being of SHP personnel.
However, SHP shall be obligated to give notice of the reasons for
suspension and allow County tv.tenty-four (24) hours to propose a
remedy to cure such actions or circumstances.
Upon such a termination for Cause, County acknowledges that,
SHP shall be entitled to all compensation fees and charges due for
services rendered hereunder, without penalty or liability to SHP, up
through and including the last day of services, and further that,
County shall be obligated to compensate SHP accordingly for such
services rendered up through and including the last day of services,
consistent with the terms and provisions of this Agreement. If any
costs relating to the period subsequent to such termination date
have been paid by County in the case of (i) above, SHP shall
promptly refund to County any such prepayment.

(c)

Termination by Cancellation. This Agreement may be canceled
without cause by either party upon sixty (60) days prior written
notice in accordance with Section 9.3 of this Agreement.

(d)

Annual Appropriations and Funding. This Agreement shall be
subject to the annual appropriation of funds by the Sumter County
Council. Notwithstanding any provision herein to the contrary, in
the event funds are not appropriated for this Agreement, County
shall be entitled to immediately terminate this Agreement, without
penalty or liability, except the payment of all contract fees due
under this Agreement through and including the last day of service.

6.3
Responsibility for Inmate Health Care.
Upon termination of this
Agreement, all responsibility for providing health care services to all inmates, including
inmates receiving health care services at sites outside the Jail, shall be transferred from
SHP to County.
ARTICLE VII: COMPENSATION.
7.1
Base Compensation. County will compensate SHP based on the twelvemonth, annualized price of $630,346.32 during the initial term of this Agreement,
payable in monthly installments. Monthly installments based on the twelve-month,
annualized price of $630,346.32 will be the amount of $52,528.86 each. SHP will bill
County approximately thirty days prioI to the month in which services are to be
rendered. County agrees to pay SHP prior to the tenth day of the month in which
services are rendered. In the event this Agreement should commenc;e or terminate on
a date other than the first or last day of any calendar month, compensation to SHP will
be prorated accordingly for the shortened month.

7.2
Increases in Inmate Population. County and SHP agree that the annual
base price is calculated based upon an average daily inmate population of up to 350. If
the average daily inmate population exceeds 350 inmates for any given quarter, the
compensation payable to SHP by County shall be increased by a per diem rate of $0.31
for each inmate over 350. The average daily inmate resident population shall be
calculated by adding the population or head count totals taken at a consistent time each
day and dividing by the number of counts taken. The excess over an average of 350, if
any, for any given quarter will be multiplied by the per diem rate and by the number of
days in the quarter to arrive at the increase in compensation payable to SHP for that
quarter. In all cases where adjustments become necessary, the invoice adjustment will
be made on a subsequent quarterly invoice. For example, if there is an average
population for any given quarter of 355 inmates, resulting in an excess of five (5)
inmates, then SHP shall receive additional compensation of five (5) times the per diem
rate times the number of days in that quarter. The resulting amount will be an addition
to the regular base fee and will be billed on a subsequent quarterly invoice.

This per diem is intended to cover additional cost in those instances where
minor, short-term changes in the inmate population result in the higher utilization of
routine supplies and services. However, the per diem is not intended to provide for any
additional fixed costs, such as new fixed staffing positions that might prove necessary if
the inmate population grows significantly and if the population increase is sustained. In
such cases, SHP reserves the right to negotiate for an increase to its staffing
complement and its contract price in order to continue to provide services to the
increased number of inmates and maintain the quality of care. This would be done with
the full knowledge and agreement of the Detention Center Director and other involved
County officials, and following appropriate notification to County.
7.3
Future Years' Compensation. The amount of compensation (i.e., annual
base price and per diem rate as defined in Sections 7.1 and 7.2, respectively) to SHP
shall increase at the beginning of each contract year, with the exception of the first
renewal period effective July 1, 2015, for which there will be no overall price increase.
SHP shall provide written notice to County of the amount of compensation increase
requested for renewal periods effective on or after July 1, 2016, or shall otherwise
negotiate mutually agreeable terms with County prior to the beginning of each annual
renewal period.

7.4 Inmates From Other Jurisdicti ns. Medical care rendered within the Jail
to inmates from jurisdictions outside SulT)ter, County, and housed in the Jail pursuant to
written contracts between County and such other jurisdictions will be ihe responsibility
of SHP, but as limited by Section 1.7. Medical care that cannot be rendered within the
Jail will be arranged by SHP, but SHP shall have no financial responsibility for such
services to those inmates.
7.5
Responsibility For Work Release Inmates. SHP and County agree that
SHP will be responsible for providing on-site medical services as reasonable and
appropriate to County inmates assigned to work release and/or release for community
service work for government or nonprofit agencies upon an inmate's presentation to
SHP medical staff at the Jail. Notwithstanding any other provisions of this Agreement
to the contrary, SHP and County agree that County inmates assigned to work release,
including work for Sumter County agencies, are themselves personally responsible for
the costs of any medical services performed by providers other than SHP, when the
illness or injury is caused by and results directly or indirectly from the work being
performed, or when such illness or injury is treated while the inmate is on work release.
The costs of medical services associated with a particular illness or injury incurred by
an inmate while on work-release may be covered by workers' compensation, medical
insurance, accident insurance, or any other policy of insurance or source of payment for
medical and hospital expenses, but such costs shall not otherwise be the financial
responsibility of SHP. In all cases, SHP shall be responsible for providing medical care
for any inmate who presents to medical staff on-site at the Jail, including any inmate

injured or infirmed while on work release or release for community service, lo the extent
such care can be reasonably provided on-site, or shall assist with arrangements to
obtain outside medical care as necessary.

ARTICLE VIII: LIABILITY AND RISK MANAGEMENT.
8.1
Insurance. At all times during this Agreement, professional liability
insurance, or medical malpractice insurance, as the case may be, shall be maintained
covering SHP, its employees, its officers, and subcontractors, for work performed under
this Agreement, in the minimum amount of at feast one million dollars ($1,000,000.00)
per occurrence and five million dollars ($5,000,000.00) in the aggregate. SHP shall
provide County with a Certificate of Insurance evidencing such coverage and shall have
County named as an additional insured. In the event of any expiration, termination or
modification of coverage, SHP will notify County in writing.
8.2
Lawsuits Against County. In the event that any lawsuit (whether frivolous
or otherwise) is fifed against County, its elected officials, employees and agents based
on or containing any allegations concerning SHP's medical care of inmates and the
performance of SHP's employees, agents, subcontractors or assignees, the parties
agree that SHP, its employees, agents, subtjontractors, assignees or independent
contractors, as the case may be, may be joi~ed as parties defendant in any such
lawsuit and shall be responsible for their own defense and any judgments rendered
i against them in a court of law.
Nothing herein shall prohibit any of the parties lo \his Agreement from joining the
remaining parties hereto as defendants in lawsuits filed by third parties.
8.3
Hold Harmless. SHP agrees to indemnify and hold harmless the County,
its agents and employees from and against any and all claims, actions, lawsuits,
damages, judgments or liabilities of any kind arising solely out of the aforementioned
program of health care services provided by SHP, for the actions or inactions of its
employees and/or subcontractors. This duty to indemnify shall include all attorneys'
fees and litigation costs and expenses of any kind whatsoever. County shall promptly
notify SHP of any claim or lawsuit of which County becomes aware and shall fully
cooperate in the defense of such claim, but SHP shall retain sole control of the defense
while the action is pending, to the extent allowed by law. In no event shall this
agreement to indemnify be construed to require SHP lo indemnify the County, its
agents and/or employees from the County's, its agents' and/or employees' own
negligence and/or their own actions or inactions.
SHP shall not be responsible for any claims, actions, lawsuits, damages,
judgments or liabilities of any kind arising solely out of the operation of the facility and
the negligence and/or action or inaction of the County or their employees or agents.
SHP shall promptly notify County of any inc\dent, claim, or lawsuit of which SHP

becomes aware and shall fully cooperate in the defense of such claim, but County shall
retain sole control of the defense while the action is pending, to the extent allowed by
law. In no event shall this agreement be construed to require County to indemnify SHP,
its agents and/or employees from SHP's, its agents' and/or employees' own negligence
and/or their own actions or inactions.
ARTICLE IX: MISCELLANEOUS.
9.1
Independent Contractor Status. The parties acknowledge that SHP is an
independent contractor engaged to provide medical care to inmates at the Jail under
the direction of SHP management. Nothing in this Agreement is intended nor shall be
construed to create an agency relationship, an employer/employee relationship, or a
joint venture relationship between the parties.

9.2
Assignment and Subcontracting. SHP shall not assign this Agreement to
any other corporation without the express written consent of County which consent shall
not be unreasonably withheld. Any such assignment or subcontract shall include the
obligations contained in this Agreement. Any assignment or subcontract shall not
relieve SHP of its independent obligation to provide the services and be bound by the
requirements of this Agreement.

9.3
Notice.
Unless otheiwise provided herein, all notices or other
communications required or permitted to be given' under this Agreement s~all be in
writing and shall be de~med to have been duly given if delivered personally in hand or
sent by certified mail, return receipt requested, postage prepaid, and addressed to the
appropriate party(s) at the following address or to any other person at any other
address as may be designated in writing by the parties:

County:

Sumter County Council
13 East Canal Street
Sumler, South Carolina 29150

SHP:

Southern Health Partners, Inc.
2030 Hamilton Place Blvd., Suite 140
Chattanooga,Tennessee 37421
Attn: President

Notices shall be effective upon receipt regardless of the form used.
9.4
Governing Law and Disputes. This Agreement and the rights and
obligations of the parties hereto shall be governed by, and construed according to, the
laws of the State of South Carolina, except as specifically noted. Disputes between the
Parties shall, first, be formally mediated by a third party or entity agreeable to the
Parties, in which case the Parties shall engage in lgood faith attempts to resolve any

such dispute with the Mediator before any claim or suit arising out of this Agreement
may be filed in a court of competent jurisdiction.
9.5
Entire Agreement. This Agreement constitutes the entire agreement of
the parties and is intended as a complete and exclusive statement of the promises,
representations, negotiations, discussions and agreements that have been made in
connection with the subject matter hereof. No modifications or amendment to this
Agreement shall be binding upon the parties unless the same is in writing and signed by
the respective parties hereto. All prior negotiations, agreements and understandings
with respect to the subject matter of this Agreement are superseded hereby.
9.6
Amendment. This Agreement may be amended or revised only in writing
and signed by all parties.
9.7
Waiver of Breach. The waiver by either party of a breach or violation of
any provision of this Agreement shall not operate as, or be construed to be, a waiver of
any subsequent breach of the same or other provision hereof.

9.8
Other Contracts and Third-Pa
Benefici ries. The parties acknowledge
t~at SHP is neither bound by nor aware of any other ex sting contracts to which County
is a party and which relate to the providing of medical care to inmates at the Jail. The
parties agree that they have not entered into this Agreement for the benefit of any third
'
person or persons, and it is their express
intention that the Agreement is intended to be
for their respective benefit only and not for the benefit of others who might otherwise be
deemed to constitute third-party beneficiaries hereof.
9.9
Severability. In the event any provision of this Agreement is held to be
unenforceable for any reason, the unenforceability thereof shall not affect the
remainder of the Agreement which shall remain in full force and effect and enforceable
in accordance with its terms.
9.1 O Liaison. The Detention Center Director or his designee shall serve as the
liaison with SHP.
9.11
Cooperation. On and after the date of this Agreement, each party shall,
at the request of the other, make, execute and deliver or obtain and deliver all
instruments and documents and shall do or cause to be done all such other things
which either party may reasonably require to effectuate the provisions and intentions of
this Agreement.
9.12

Time of Essence. Time is and shall be of the essence of this Agreement.

9.13 Authority. The parties signing this Agreement hereby state that they
have the authority to bind the entity on whose behalf they are signing.
9.14 Binding Effect. This Agreement shall be binding upon the parties hereto,
their heirs, administrators, executors, successors and assigns.
9.15 Cumulative Powers. Except as expressly limited by the terms of this
Agreement, all rights, powers and privileges conferred hereunder shall be cumulative
and not restrictive of those provided at law or in equity.
IN WITNESS WHEREOF, the parties have executed this Agreement in their
official capacities with legal authority to do so.

COUNTY OF SUMTER, SC
BY:

SOUTHERN HEALTH PARTNERS, INC.
BY:

HEAL TH SERVICES !AGREEMENT
THIS AGREEMENT between the County of Sumter (hereinafter referred to collectively
as "County"), and Southern Health Partners, Inc., ~elaware corporation, (hereinafter
referred to as "SHP"), is entered into as of the / day of ,c;IY-..,,.,,.. ~
, 2007.
Services under this Agreement shall commence on February 1, 2007 and s11 continue
through June 30, 2008, in accordance with section 6.1.
WITNESS ETH:
WHEREAS, the County is charged by law with the responsibility for obtaining
and providing reasonably necessary medical care for inmates or detainees of the
Sumter-Lee Regional Detention Center facilities (hereinafter called "Jail") and,

WHEREAS, the County desires to provide for health care to inmates in
accordance with applicable law; and,
WHEREAS, County, which provides funding as approved by the Sumter County
Council for the Jail, desire to enter into this Agreement with SHP to promote this
objective; and,
WHEREAS, SHP is in the business of providing correctional health care services
under contract and desires to provide such services for County under the express terms
and conditions hereof.
NOW THEREFORE, in consideration of the mutual covenants and promises
hereinafter made, the sufficiency of which is acknowledged, the parties hereto agree as
follows:
ARTICLE I: HEALTH CARE SERVICES.
1.1
General Engagement. County hereby contracts with SHP to provide for
the delivery of all medical and dental services to inmates of Jail. This care is to be
delivered to individuals under the custody and control of the Jail, and SHP enters into
this Agreement according to the terms and provisions hereof. The following items are
hereby incorporated into and made a part of this Agreement: a) RFP for Health Care
Services issued by Sumter County in August 2006; b) the RFP Addendum #1 dated
September 15, 2006; c) SHP's proposal dated September 15, 2006, (except for the
sections declared proprietary and confidential); and d) SH P's lstter of clarification dated
November 3, 2006.

1.2
Scope of General Services. The responsibility of SHP for medical care of
an inmate commences with the booking and physical placement of said inmate into the
Jail. SHP shall provide health care services for all persons committed to the custody of
the Jail, except those identified in paragraph 1.7. SHP shall provide on a regular basis,
at its own cost all professional medical, dental, and related health care and

administrative services for the inmates, regularly scheduled sick call, nursing care,
regular physician care, hospitalization, medical specialty services, emergency medical
care, emergency ambulance services when medically necessary, medical records
management, pharmacy services management, administrative support services, and
other services, all as more specifically described herein.
1.3
Specialty Services. In addition to providing the general services described
above, SHP by and through its licensed health care providers shall, at its own cost,
provide to inmates at the Jail specialty medical services including, but not limited to,
radiology services and laboratory services to the extent such are determined to be
medically necessary by SHP. Where non-emergency specialty care is required and
cannot be rendered at the Jail, SHP shall make arrangements with County for the
transportation of the inmates in accordance with Section 1.9 of this Agreement.
1.4
Emergency Services. SHP shall provide, at its own cost, emergency
medical care, as medically necessary, to inmates through arrangements to be made by
SHP.
1.5
Limitations On Costs - Cost Pool. SHP shall, at its own cost, arrange for
medical services for any inmate who, in the opinion of the Medical Director (hereinafter
meaning a licensed SHP physician), requires such care. SHP's maximum liability for
costs associated with the medical and de~al services for inmates rendered outside of
the Jail, for x-rays, and for prescription pha maceuticals for inmates, will be limited by a
pool established in the amount of $75,000 n the aggregate for all inmates in each year
of this contract. If the cost of all care as described in this paragraph 1.5 exceeds the
amount of $75,000 in any year, (defined as a 12 month contract period) then SHP will
refer all costs above this limit of $75,000 to County for payment directly to the provider
of care. If the cost of all care as described in this paragraph 1.5 is less than $75,000 in
any year, (defined as a 12 month contract period), then SHP will account for all the
applicable cost and reimburse County for the remainder. For the first contract period of
five months ending on June 30, 2007, the cost pool will be $31,250.
For purposes of this paragraph 1.5, the pool amount will be prorated for any
contract period of less than 12 months.
The intent of this Section 1.5 is to define SHP's maximum financial liability and
limitation of costs for pharmaceuticals, x-ray procedures, hospitalization, and all other
medical and dental services rendered outside of the Jail.
1.6
Injuries Incurred Prior to Incarceration; Pregnancy. SHP will not be
financially responsible for the cost of any medical treatment or health care services
provided to any inmate prior to the inmate's formal booking and commitment into the
Jail.

Furthermore, SHP is not financially responsible for the cost of services outside
the jail for any medical treatment or health care services provided to medically stabilize
any inmate presented at booking with a life threatening injury or illness or in immediate
need of emergency medical care.
Once an inmate has been medically stabilized and committed to the Jail, SHP
will, commencing at that point, then become financially responsible for the cost of all
medical treatment for health care services regardless of the nature of the illness or
injury or whether or not the illness or injury occurred prior or subsequent to the
individual's incarceration at the Jail. An inmate shall be considered medically stabilized
when the patient's medical condition no longer requires immediate emergency medical
care or outside hospitalization so that the inmate can reasonably be housed inside the
Jail.
It is expressly understood that SHP shall not be responsible for medical costs
associated with the medical care of any infants born to inmates. SHP shall provide
health care services to inmates up to, through, and after the birth process, but health
care services provided to an infant following birth, other than those services that may be
delivered in the jail prior to transport to a hospital, will not be the financial responsibility
of SHP. In any event, SHP shall not be responsible for the costs associated with
performing or furnishing of abortions of rny kind.
1. 7
Inmates Outside the Facilities. The health care services contracted in the
Agreement are intended only for those inmates in the actual physical custody of the
Jail. This includes inmates who are under guard in outside hospitals. Such inmates
are to be included in the daily population count. No other person(s), including those who
are in any outside hospital who are not under guard, shall be the financial responsibility
of SHP, nor shall such person(s) be included in the daily population count.
Inmates, for example, on any sort of temporary release or escape, including, but
not limited to inmates temporarily released for the purpose of attending funerals or
other family emergencies, inmates on escape status, inmates on pass, parole or
supervised custody who do not sleep in the Jail at night, shall not be included in the
daily population count, and shall not be the responsibility of SHP with respect to the
payment or the furnishing of their health care services.
The cost of medical services provided to inmates who become ill or are injured
while on such temporary release or work-release will not then become the financial
responsibility of SHP after their return to the Jail. This relates solely to the costs
relating to the particular illness or injury incurred while on such temporary release.

14
Persons in the physical custody of other police or other penal jurisdictions at the
request of County are likewise excluded from the population count and are not the
responsibility of SHP for the furnishing or payment of health care services.
1.8
Elective Medical Care. SHP is not responsible for providing elective
medical care to inmates, unless expressly contracted for by the County. For purposes
of the Agreement, "elective medical care" means medical care which, if not provided,
would not, in the opinion of SHP's Medical Director, cause the inmate's health to
deteriorate or cause definite harm to the inmate's well-being. Any referral of inmates for
elective medical care must be reviewed by County prior to provision of such services.
1.9
Transportation Services. To the extent any inmate requires off-site nonemergency health care treatment including, but not limited to, hospitalization care and
specialty services, for which care and services SHP is obligated to pay under this
Agreement, County will, upon prior request by SHP, its agents, employees or
contractors, provide transportation as reasonably available provided that such
transportation is scheduled in advance. When medically necessary, SHP shall arrange
all emergency ambulance transportation of inmates in accordance with Section 1.4 of
this Agreement.

ARTICLE ll: PERSONNEL.

2.1
Staffing. SHP shall p~ovide medical and support personnel reasonab y
necessary for the rendering of health care services to inmates at the Jail as described
in and required by this Agreement.
2.2
Licensure, Certification and Registration of Personnel. All personnel
provided or made available by SHP to render services hereunder shall be licensed,
certified or registered, as appropriate, in their respective areas of expertise as required
by applicable South Carolina law.

2.3

County's Satisfaction with Health Care Personnel. If County becomes
dissatisfied with any health care personnel provided by SHP hereunder, or by any
independent contractor, subcontractors or assignee, SHP, in recognition of the sensitive
nature of correctional services, shall, following receipt of written notice from County of
the grounds for such dissatisfaction and in consideration of the reasons therefor,
exercise its best efforts to resolve the problem. If the problem is not resolved
satisf3ctori 1y to County, SHP shall remove or shall cause any independent contractor,
subcontractor, or assignee to remove the individual about whom County has expressed
dissatisfaction. Should removal of an individual become necessary, SHP will be
allowed reasonable time, prior to removal, to find an acceptable replacement, without
penalty or any prejudice to the interests of SHP.

2.4
Use of Inmates in the Provision of Health Care Services. Inmates shall
not be employed or otherwise engaged by either SHP or County in the direct rendering
of any health care services.
2.5
Subcontracting and Delegation. In order to discharge its obligations
hereunder, SHP will engage certain health care professionals, such as physicians and
dentists, as independent contractors rather than as employees. SHP will not engage
nurses as independent contractors.
County consents to such subcontracting or
delegation. As the relationship between SHP and these health care professionals will
be that of independent contractor, SHP will not be considered or deemed to be
engaged in the practice of medicine or other professions practiced by these
professionals. SHP will not exercise control over the manner or means by which these
independent contractors perform their professional medical duties. However, SHP shall
exercise administrative supervision over such professionals necessary to insure the
strict fulfillment of the obligations contained in this Agreement. For each agent and
subcontractor, including all medical professionals, physicians, dentists and nurses
performing duties as agents or independent contractors of SHP under this Agreement,
SHP shall provide County proof, if requested, that there is in effect a professional
liability or medical malpractice insurance policy, as the case may be, in an amount'of at
least one million dollars ($1,00o,poo) coverage per occurrence and three million dfllars
($3,000,000) aggregate.

2.6
Discrimination. During the performance of this Agreement, SHP, its
employees, agents, subcontractors, and assignees agree as follows:
a. None will discriminate against any employee or applicant for
employment because of race, religion, color, sex or national origin,
except where religion, sex or national origin is a bona fide occupational
qualification reasonably necessary to the normal operation of the
contractor.
b. In all solicitations or advertisements for employees, each will state that
it is an equal opportunity employer.
c. Notices, advertisements and solicitations placed in accordance with
federal law, rule or regulation shall be deemed sufficient for the
purpose of meeting the requirements of this section.
ARTICLE ill REPORTS AND RECORDS
3.1
Medical Records.
SHP shall cause and require to be maintained
complete and accurate medical records for each inmate who has received health care
services. Each medical record will be maintained in accordance with applicable laws
and County's policies and procedures. The medical records shall be kept separate
from the inmate's confinement record. A complete legible copy of the applicable
5

medical record shall be available, at all times, to County as custodian of the person of
the patient. Medical records shall be kept confidential. Subject to applicable law
regarding confidentiality of such records, SHP shall comply with South Carolina law and
County's policy with regard to access by inmates and Jail staff to medical records. No
information contained in the medical records shall be released by SHP except as
provided by County's policy, by a court order, or otherwise in accordance with the
applicable law. SHP shall, at its own cost, provide all medical records, forms, jackets,
and other materials necessary to maintain the medical records. At the termination of
this Agreement, all medical records shall be delivered to and remain with County.
However, County shall provide SHP with reasonable ongoing access to all medical
records even after the termination of this Agreement for the purposes of defending
litigation.
3.2
Regular Reports by SHP to County. SHP shall provide to County, on a
date and in a form mutually acceptable to SHP and County, reports relating to services
rendered under this Agreement.
3.3
Inmate Information. Subject to the applicable South Carolina law, in order
to assist SHP in providing the best possible health care services to inmates, County will
provide SHP with information pertaining to inmates that SHP and County mutually
identify as reasonable and 11 ecessary for SHP to adequately perform its ob/igations
hereunder.

3.4
SHP Records Available to County with Limitations on Disclosure. SHP
shall make available to County, at County's request, records, documents and other
papers relating to the direct delivery of health care services to inmates hereunder.
County understands that written operating policies and procedures employed by SHP in
the performance of its obligations hereunder are proprietary in nature and will remain
the property of SHP and shall not be disclosed without written consent. Information
concerning such may not, at any time, be used, distributed, copied or otherwise utilized
by County, except in connection with the delivery of health care services hereunder, or
as permitted or required by law, unless such disclosure is approved in advance writing
by SHP. Proprietary information developed by SHP shall remain the property of SHP.
3.5
County Records Available to SHP with Limitations on Disclosure. During
the term of this Agreement and for a reasonab!e time thereafter, County will provide
SHP. at SHP's request, County's reccrds rela;ing to the provision of health care
services to inmates as may be reasonably requested by SHP or as are pertinent to the
investigation or defense of any claim related to SHP's conduct. Consistent with
applicable law, County will make available to SHP such inmate medical records as are
maintained by County, hospitals and other outside health care providers involved in the
care or treatment of inmates (to the extent County has any control over those records)
as SHP may reasonably request. Any such information provided by County to SHP that
6

County considers confidential shall be kept confidential by SHP and shall not, except as
may be required by law, be distributed to any third party without the prior written
approval of County.
ARTICLE IV: SECURITY
4.1
General. SHP and County understand that adequate security services
are essential and necessary for the safety of the agents, employees and subcontractors
of SHP as well as for the security of inmates and County's staff, consistent with the
correctional setting. County will take all reasonable steps to provide sufficient security
to enable SHP to safely and adequately provide the health care services described in
this Agreement. It is expressly understood by County and SHP that the provision of
security and safety for the SHP personnel is a continuing precondition of SHP's
obligation to provide its services in a routine, timely, and proper fashion.

4.2
Loss of Equipment and Supplies. County shall not be liable for loss of or
damage to equipment and supplies of SHP, its agents, employees or subcontractors
unless such loss or damage was caused by the negligence of County or its employees.
4.3
Security During Transportation Off-Site. County will provide prompt and
timely security as medically necessary and appropriate in connection with the
transportation of any inmrte between the Jail and any other location for off-iite services
as contemplated herein.

ARTICLE V: OFFICE SPACE, EQUIPMENT, INVENTORY AND SUPPLIES
5.1
General. County agrees to provide SHP with reasonable and adequate
office and medical space, facilities, equipment, access to local telephone service, and
utilities and County will provide necessary maintenance and housekeeping of the office
space and facilities. SHP will pay to have the local phone line connected and for
regular phone service for one line.

5.2
Delivery of Possession. County will provide to SHP, beginning on the
date of commencement of this Agreement, possession and control of all County
medical and office equipment and supplies in place at the Jail's health care unit. At the
termination of this or any subsequent Agreement, SHP will return to County's
possession and control all supplies, medical and office equipment, in working order,
reasonable wear and tear excepted, which were in place at the Jail's health care unit
prior to the commencement of services under this Agreement.
5.3
Maintenance and Replenishment of Equipment.
Except for the
equipment and instruments owned by County at the inception of this Agreement any
equipment or instruments required by SHP during the term of this Agreement shall be
purchased by SHP at its own cost. At the end of this Agreement, or upon termination,
7

County shall be entitled to purchase SHP's equipment and instruments upon a mutually
agreed depreciation schedule.
5.4
General Maintenance Services. County agrees that it is proper for SHP to
provide each and every inmate receiving health care services the same services and
facilities available to, and/or provided to, other inmates at the Jail.
ARTICLE VI: TERM AND TERMINATION OF AGREEMENT
6.1
Term. This Agreement shall commence on February 1, 2007. The initial
term of this Agreement shall end on June 30, 2008, and may be extended for additional
one-year terms, if mutually agreeable to both parties.

6.2
Termination. This Agreement may be terminated as otherwise provided in
this Agreement or as follows:
(a)

Termination by agreement. In the event that each of the parties
mutually agrees in writing, this Agreement may be terminated on
the terms and date stipulated therein.

(b)

T!rmination by Cancellation. This Agreement m~y be canceled
w haul cause by either party upon sixty (60) days prior written
n lice in accordance with Section 9.3 of this Agreement.

( c)

Annual Appropriations and Funding. This Agreement may be
subject to the annual appropriation of funds by the Sumter County
Council. Notwithstanding any provision herein to the contrary, in
the event that funds are not appropriated for this Agreement, then
County shall be entitled to immediately terminate this Agreement,
without penalty or liability, except the payment of all contract fees
due under this Agreement up to and through the last day of service.

June 30, 2007 will be $242,854.00. SHP will bill County approximately 30 days prior to
the month in which services are to be rendered. County agrees to pay SHP prior to the
tenth day of the month in which services are rendered. In the event this Agreement
should commence or terminate on a date other than the first or last day of any calendar
month, compensation to SHP will be pro-rated accordingly for the shortened month.
7.2
Increases and Decreases in Inmate Population. County and SHP agree
that the annual base price is calculated based upon an average daily inmate population
in the range of 450 to 550 inmates. If the average daily inmate population exceeds 550
inmates in any three consecutive months, or if the average daily inmate population is
less than 450 in any three consecutive months, then SHP will have the right to request
of County an adjustment in the staffing plan and the price. The average daily inmate
resident population shall be calculated by adding the population or head count totals
taken at a consistent time each day and dividing by the number of counts taken.
7.3
Future Years' Compensation. The compensation (i.e., annual base price
and per diem rate as defined in Sections 7.1 and 7.2, respectively) to SHP for any
renewal periods after the first year of this Agreement shall be increased at the
beginning of each contract year. The amount of increase for the first renewal period will
be 2%, effective on July 1, 2007, and the amount of increase for the second renewal
period will be 3%, ~ffective on July 1, 2008. The amount of incr~ase for renewal
periods beginning on\or after July 1, 2009 wiff be determined by mutual agreement after
discussions between County and SHP.
7.4
Inmates From Other Jurisdictions. Medical care rendered within the Jail
to inmates from jurisdictions outside Sumter and Lee Counties, and housed in the Jail
pursuant to written contracts between County and such other jurisdictions or the State
of South Carolina, or by statute will be the responsibility of SHP, but as limited by
section 1.7. Medical care that cannot be rendered within the Jail will be arranged by
SHP, but SHP shall have no financial responsibility for such services to those inmates.
7.5
Responsibility For Work Release Inmates. Notwithstanding any other
provisions of this Agreement to the contrary, both parties agree that County inmates
assigned to Work Release, including work for Sumter County agencies, are themselves
personally responsible for the costs of any medical services performed by providers
other than SHP, when the illness or injury is caused by and results directly or indirectly
from the work being performed, or when such illness o; injury is treated while the
inmate is on Work Release.
In all cases SHP will assist with the necessary
transportation for Work Release inmates to obtain medical care. Injuries to County
inmates, from whatever cause, assigned to work crews and while performing labor for
County are likewise excluded from SHP's responsibility.

ARTICLE VIII: LIABILITY AND RISK MANAGEMENT.
8 .1
Insurance. At all times during this Agreement, SHP shall maintain
professional liability insurance covering SHP for its work at County, its employees and
its officers in the minimum amount of at least one million dollars ($1,000,000) per
occurrence and three million dollars ($3,000,000) in the aggregate per physician, and
five million dollars ($5,000,000) in the aggregate per year. In the event that the
coverage changes, SHP will notify County in writing. SHP will also notify County, in
writing, of any reduction in policy amounts or cancellation of insurance coverage if the
new limits fall below the limits agreed to with the County. SHP shall provide a
Certificate of Insurance evidencing the above policy levels and shall name County as
an additional insured.

8.1. 1 Optional Additional Insurance. County shall have the option, if available,
to purchase excess professional liability insurance covering SHP for its work at County,
its employees and its officers for work under the terms of this Agreement. For the first
year, such insurance in the amount of one million dollars ($1,000,000) shall be
available for purchase by SHP and County. For the first year, the premium will be
$4,478 plus tax. SHP will pay insurer in advance for this coverage and County will
reimburse SHP for the amount of the premium payment and taxes within 30 days of
SH P's request for' reimbursement. SHP will endeavor to get at least this same amount
of additional cove age in future years and will seek County approva, for such premium
1
payment before ~lacing the coverage. County will reimburse SHP for the amounts
approved for purchase. The insurance coverage as described in this paragraph 8.1.1
shall be in addition to the amounts of SHP shared limits described in paragraph 8.1
above (i.e. $2,000,000 per occurrence, $4,000,000 per physician, and $6,000,000 per
annual aggregate), and this additional insurance shall be available exclusively for
coverage to County under the terms of this Agreement. If County should choose not to
renew this coverage in any future renewal period, there will be no tail coverage for any
claim that may be filed after the policy is terminated. However, a tail policy may be
available separately for purchase from the insurer.
8.2
Lawsuits Against County. In the event that any lawsuit (whether frivolous
or otherwise) is filed against County, its elected officials, employees and agents based
on or containing any allegations concerning SHP's medical care of inmates and the
performance of SHP's employees, agents, subcontractors or assignees, the parties
agree that SHP, its e;flployees, agents, subcontractors, assignees or independent
contractors, as the case may be, may be joined as parties defendant in any such
lawsuit and shall be responsible for their own defense and any judgments rendered
against them in a court of law.
Nothing herein shall prohibit any of the parties to this Agreement from joining the
remaining parties hereto as defendants in lawsuits filed by third parties.
10

8.3
Hold Harmless. The contractor agrees to indemnify and hold harmless
the County, its agents, servants and employees from any and all claims, actions,
lawsuits, damages, judgments or liabilities of any kind whatsoever arising out of the
operation and maintenance of the aforesaid program of health care services conducted
by SHP, it being the express understanding of the parties hereto that SHP shall provide
the actual health care services. The County shall promptly notify SHP of any incident,
claim or lawsuit of which the County becomes aware and shall fully cooperate in the
defense of such claim, but SHP shall retain sole control of the defense while the action
is pending, to the extent allowed by law.
Sumter County, to the extent provided by applicable law, is responsible for the
negligent acts of their respective deputies, agents, servants and employees.
ARTICLE IX: MISCELLANEOUS.
9.1
Independent Contractor Status. The parties acknowledge that SHP is an
independent contractor engaged to provide medical care to inmates at the Sumter-Lee
Regional Detention Center under the direction of SHP management. Nothing in this
Agreement is intended nor shall be construed to create an agency relationship, an
employer/employee relationship, or a joint venture relationship between the parties.

, 9.2
Assignment and Subcontracting. SHP srall not assign this Agreement to
any pther corporation without the express written consrnt of County which consent shall
not r,e unreasonably withheld. Any such assignment or subcontract shall include the
obligations contained in this Agreement. Any assignment or subcontract shall not
relieve SHP of its independent obligation to provide the services and be bound by the
requirements of this Agreement.
9.3
Notice. Unless otherwise provided herein, all notices or other communications
required or permitted to be given under this Agreement shall be in writing and shall be
deemed to have been duly given if delivered personally in hand or sent by certified mail,
return receipt requested, postage prepaid, and addressed to the appropriate party(s) at
the following address or to any other person at any other address as may be
designated in writing by the parties:
(a)

County:

Sumter County Council
13 E Canal St
Sumter, SC 29150

Jeffrey A. Reasons, President
Southern Health Partners, Inc.
3712 Ringgold Road, #364
Chattanooga, TN 37412
Email: info@southernhealthpartners.com
Notices shall be effective upon receipt regardfass of the form used.
(b)

SHP

. l ,

9.4
Governing Law and Disputes.
This Agreement and the rights and
obligations of the parties hereto shall be governed by, and construed according to, the
Jaws of the State of South Carolina, except as specifically noted. Disputes between the
Parties shall, first, be formally mediated by a third party or entity agreeable to the
Parties, in which case the Parties shall engage in good faith attempts to resolve any
such dispute with the Mediator before any claim or suit arising out of this Agreement
may be filed in a court of competent jurisdiction.
9.5
Entire Agreement This Agreement constitutes the entire agreement of
the parties and is intended as a complete and exclusive statement of the promises,
representations, negotiations, discussions and agreements that have been made in
connection with the subject matter hereof. No modifications or amendment to this
Agreement shall be binding upon the parties unless the same is in writing and signed by
the respective parties hereto. All prior negotiations, agreements and understandings
with respect to the subject matter of this Agreement are superseded hereby.
9.6
Amendment This Agreement may be amended or revised only in writing
and signed by all parties.
9. 7
Waiver of Breach. The waiver by pither party of a breach or violation of
any provision of this Agreement shall not opera!~ as, or be construed to be, a waiver of
any subsequent breach of the same or other provision hereof.

9.8
Other Contracts and Third-Party Beneficiaries. The parties acknowledge
that SHP is neither bound by nor aware of any other existing contracts to which County
is a party and which relate to the providing of medical care to inmates at the Jail. The
parties agree that they have not entered into this Agreement for the benefit of any third
person or persons, and it is their express intention that the Agreement is intended to be
for their respective benefit only and not for the benefit of others who might otherwise be
deemed to constitute third-party beneficiaries hereof.
9.9
Severability. In the event any provision of this Agreement is held to be
unenforceable for any reason, the unenforceability thereof shall not affect the
remainder of the Agreement which shall remain in full force and effect and enforceable
in accordance with its terms.
9.10
Liaison. The Sumter-Lee Regional Detention Center Director or his
designee shall serve as the liaison with SHP.
9.11
Cooperation. On and after the date of this Agreement, each party shall,
at the request of the other, make, execute and deliver or obtain and deliver all
instruments and documents and shall do or cause to be done all such other things
12

which either party may reasonably require to effectuate the provisions and intentions of
this Agreement.
9.12

Time of Essence. Time is and shall be of the essence of this Agreement.

9.13 Authority. The parties signing this Agreement hereby state that they
have the authority to bind the entity on whose behalf they are signing.
9.14 Binding Effect. This Agreement shall be binding upon the parties hereto,
their heirs, administrators, executors, successors and assigns.
9.15 Cumulative Powers. Except as expressly limited by the terms of this
Agreement, all rights, power and privileges conferred hereunder shall be cumulative
and not restrictive of those provided at law and in equity.

IN WITNESS WHEREOF, the parties have executed this Agreement in their
official capacities with legal authority to do so.

I COUNTY ~F S~MTERL

t,--t/L ../ '

BY:
Name: William T. Noonan
Title: County Administrator

ATTEST:

....

~ ~
Date

'L\i 1\oJ

Date:

Z.. • 1-0 7

SOUTHERN HEALTH PARTNERS, INC.

(______

,,__,1

~ -,___.,,

,)'

'-'

·J'! d

Jeffrey A Reasons, President

Date:

2---/, I(o ·]-

---"

..--v--- ---

AMENDMENT #1
TO
HEAL TH SERVICES AGREEMENT
This AMENDMENT #1, to Health Seivices Agreement dated February 1, 2007, between Sumter
County, South Carolina (hereinafter referred to as "County", and Southern Health Partners, Inc., a
Delaware Corporation, (hereinafter referred to as "SHP"), is entered into as of the _ _ _ _ day
of - - - - - ~ 2009.

WITNESSETH:
WHEREAS, County and SHP desire to amend the Health Seivices Agreement dated February 1,
2007, between County and SHP.
NOW THEREFORE, in consideration of the covenants and promises hereinafter made, the parties
hereto agree as follows:

Section 6.1 Is hereby replaced In Its entirety by the following:
6.1
Term. This Agreement shall commence on February 1, 2007. The term of this
Agreement shall end on June 30, 2010, and may be extended for additional one-year terms, if
mutually agreeable to both parties.

Section 7.1 Is hereby replaced In its entirety by the following:

7.1
Base Compensation. County will pay to SHP th.J annualized base price of
$624,588.72 during the term of this Agreement effective July 1, 2ctJ9, through June 30, 2010,
payable in monthly installments. Monthly installments during the terrT1 of this Agreement effective
July 1, 2009, through June 30, 2010, will be in the amount of $52,049.06 each. SHP will bill County
approximately thirty days prior to the month in which seivices are to be rendered. County agrees to
pay SHP prior to the tenth day of the month in which seivices are rendered. In the event this
Agreement should commence or terminate on a date other than the first or last day of any calendar
month, compensation to SHP will be pro-rated accordingly for the shortened month.
IN WITNESS WHEREOF, the parties have executed this Agreement in their official
capacities with legal authority to do so.
COUNTY OF SUMTER, SC

w!il:., ~

/
\i~

William T. Noonan, County Administrator

Date:

,- · i'_ (.,, •

c..) "'.

SOUTHE N HEAL TH PARTNERS, INC.

BY:

Date:

t( <-i I o<t

AMENDMENT #1
TO
HEAL TH SERVICES AGREEMENT
Triis AMENDMENT #1, to Health Ser,ices Agreement dated May 3, 2016, between the Sheriff
of Sumter County, South Carolina (hereinafter referred to as "the Sheriff. and Southern Health
Partners, Inc., a Delaware Corporat,on, (hereinafter referred to as '$HP"), with services
commencing July 1, 2014, is entered into as of this -~'---- day of I.Je, , _ t.
2017.
WITNESSETH:

WHEREAS, Sheriff and SHP desire to amend the Health Services Agreement dated May 3,
2016, between the County of Sumter and SHP. The parties to this Amendment acknowledge
that the Sheriff of Sumter County 1s the successor in interest to the County of Sumter with
rega•d to the Health Services Agreement dated May 3, 2016.
NOW THEREFORE. in consid8ration of the covenants and promises hereinafter made, ihe
parties hereto agree as follows:

Section 2.1 it hereby amended and replaced in its entirety by the following:
21
Staffing. SHP st1a'I prov:de medical and support perfuonnel reasonably
necessary for the rendering of h;;:a:tr, care services to inmates at the J,ail as described in
and requ;red by this Agreement Sr,erif; acknowledges that SHP will provide an on-site
staffing plan ensuring coverage fer twenty-four (24) hours per day, seven (7) days per week
for three hundred forty-eight (343) hours each week. Staffing hours worked in excess of
this contracted staffing plan. not to include SHP training hours, may be billed back to tne
County on a monthly basis, at t•,e actual wage and benefit rate, for staffing ser,•ices
performed on-site at the facility. Further, there wil! be an allowance for a reasonable
number of absences for medical stafi vacation and sick days, and SHP reserves the right to
make adjustments to the regular staff,ng sctledule for fiexible coverage on SHP-designated
holidays. SHP may provide rep,acernE,nt staffing coverage in absences. If any such
absences exceed five (5) consecutive days, not to include vacation time or $HP-designated
holidays, SHP will refund the County the cost of the staffing hours on the next month's base
fee billing.
Sheriff further acknowiedges that, effective on or about January 1, 2018, Sheriff has
elected to incorporate a Qualified Mental Health Professional (QMHP) into the staffing plan
for four (4) hours weekly, either on-site or via tele-psychiatry platform, as set forth herein
and as further described in a proposal from SHP by letter to Sheriff Anthony Dennis dated
October 5, 2017, signed by Jennifer Hairsine, which is incorporated herein by reference.
It is understood the Professional Provider may be filled by a Physician, or Mid-level
Practitioner. Either will be duly licensed to practice medicine in the State of South Carolina,

and will be available to our nursing siaff for resource, consultation and direction twenty-four
(24) hours per day, seven (7) days per week.
The scheduling of staff shifts may be flexible and adiusted by SHP in order to
maintain stability of the program and consistency with staff. Any adjustments or changes to
Oxed schedules would be made after d,scussions with the Sheriff or his designee.
Professional Provider visit times and dates will be coordinated with Jail Management, and
may include the use of telehealth services. Some of the Professional Provider time may be
used for phone consults with medical staff and for other administrative duties.
Section 7 .1 is hereby amended and replaced in its entirety

by the following:

7.1
Base Compensation. Effective on or about January 1, 2018, the amount of base
contract compensation payable by County to SHP will increase to the twelve-month, annualized
price of $661,835.52. Monthly installments based on the twelve-month, annualized price of
$661,835.52 will be in the amount of $55,152.96 each SHP will bill County approximately thirty
days prior to the month in which services are to be rendered. County agrees to pay SHP prior
to the tenth day of the month ,n which services are rendered. In the event this Agreement
should commence or terminate on a date other than the first or last day of any calendar month,
compensation to S~P will be prorated accord,ngly for the shortened month.
IN WITNEJs WHEREOF, the pact,es ha·,e executed th,s Agreement

their official

capacities with leg~l authority to do so.

SUMTER COUNTY
SHc:RIFF S OFFICE

.. ':J.

(hr-,,.......

Anthony()enn. Sheriff

Da:e

/'-" / ,

1 /,.

ATT EST;,.-'//

/:>;:,1/ /1 ~I
SOU1t:JERN HEALTH PAR NERS. INC

BY:

User: CLUMPKIN

SUMTER-LEE DETENTION CENTER

07/05/2019 14:07

Medical Questionnaire Construction

Question #: I

Q uestion: ls inmate unconscious or showing visible signs of illness, injury, bleeding, pain, or other symtoms
suggesting the need for immediate emergency medical referral ')

Yes Goto: 2

Notes Required

No Goto: 2
Refused Goto: 2
Question #: 2

Notes Required

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Question: Arc there any vis ible signs of fever, jaundice, skin lesions, rash,or infection: cuts, bmises, or
minor injuries; need le marks. body vermin')

Yes Goto: 3

Notes Required

No Goto: 3
Refused Goto : 3
Question#: 3

Notes Required

Notes Requi red

No Goto: 4
Refused Goto: 4
-l

Notes Required

No Goto: 5
Refused Goto: 5

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Question: Is the inmate' s mobility restricted in any way due to deformity, cast, injury, etc.

Yes Goto: 6

Notes Required

No Goto: 6
Refused Goto: 6
Question #: 6

Alert:

Question: Docs the inmate appear to be under the influence of. or withdrawi ng from drugs or alcoho1'1

Yes Goto: 5

Question #: 5

Task:

Question: Does the inmate ex hibit any signs that suggest the risk of suicide, assault, or abno rma l behavior')

Yes Goto: 4

Question #:

Class:

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Question: Have you had or been treated for: asthma, diabetes. epilepsy, heart condi tion, high blood pressure,
mental hea lth problems, seizures. ulcers. or other conditions 9

Yes Goto: 7

Notes Required

No Goto: 7
Refused Goto: 7

jscr!st

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Pagel

Qu estion #: 7

Question: Have you taken or are you taking any medication(s) prescribed for you by a physician·.'

Yes Goto: 8

Notes Required

No Goto: 8
Refused Goto: 8
Question # : 8

Notes Required

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Question: Are you allergic to any medications. foods, plants, etc'J
If yes list.

Yes Goto: 9

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No Goto : 9
Refused Goto: 9
Question#: 9

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Question: Have you fainted or had a head injury wi th in the last 72 hours?

Yes Goto: 10

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No Goto: 10
Refused Goto: 10
Question #: 10

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Question: Do you have or have you been exposed to AIDS. hepatitis. TB. VD. or other communicable
discasc'1

Yes Goto: 11

Notes Required

No Goto: 11
Refused Goto: 11
Question #: 11

Notes Required

No Goto: 12
Refused Goto: 12

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Question : Have you ever considered o r attempted suicide'1

Yes Go to: 13

Notes Required

No Goto: 13
Refused Goto: 13
Question #: 13

Task:

Qu estion: lfave you been hospitalized by a physician or psychiatrist within the last year?

Yes Goto: 12

Question#: 12

Class :

Notes Required

Question : Do you have painful dental conditions9

Yes Goto: 14

Notes Required

No Goto: 14
Refused Goto: 14

Medical Questionnaire Construction

Notes Required

Page 2

Question #: 14

Question : Arc you on a specific diet prescribed by a phys ician'.'

Yes Goto : 15

Class:

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Yes Goto: 16

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No Go to : 20

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No Goto: 15
Refused Goto: 15
Question # : 15

Question: Do you use drugs'.'

Refused Goto: 20
Question #: 16

Notes Required

N otes Required

Question: How oftcn'1

Yes Goto: 17

Notes Re quired

Class:

T ask:

Alert:

No Goto : 20

Notes Re quired

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Refused Goto: 20

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Question #: 17

Question: What kind of drug'.'

Yes Goto: 18

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No Goto: 20

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Refus ed Goto: 20

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Question #: 18

Question: Last time you used drugs'1

Yes Goto: 19

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No Goto: 20

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Refused Goto: 20

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Question #: 19

Question: How much do you use'1

Yes Goto: 20

Notes Req uired

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No Goto: 20

N otes Required

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Refused Goto: 20

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Yes Go to: 21

Class:

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Alert:

No Goto: 25

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Question #: 20

Question: Do you use a lcohol'l

Refused Goto: 25

Medical Questionnaire Constrnctian

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Page 3

Question #: 21

Question: How often'1

Yes Goto: 22

Notes Require d

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No Goto: 25

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Refused Goto: 25

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Question #: 22

Question: What kind o f alcohol?

Yes Goto: 23

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Refused Goto: 25

N otes Required

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Question #: 23

Question: When was the last time you drank'l

Yes Goto: 24

No tes Re quired

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No Goto: 25

Notes Re quired

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Question # : 24

Question : How much do you drink'1

Yes Goto: 25

N otes Required

No Goto: 25
Refused Goto: 25
Question #: 25

Notes Required

Question: Vital Sign :
Respiration:

Yes Goto: 26

Notes Required

No Goto: 26
Refused Goto: 26
Question # : 26

Notes Required

Question: Pulse:

Yes Goto: 27

Notes Required

No Goto: 27
Refused Goto: 27
Question #: 27

Notes Required

Question : Temperature:

Yes Goto: 28

Notes Required

No Goto: 28
Refused Goto: 28

Medical Quesrionnaire Consrrucrion

N otes Required

Page 4

Question #: 28

Question : Blood Pressure:

Yes Goto: 29

Notes Required

No Goto: 29
Refused Goto: 29
Question # : 29

Notes Required

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Question: HAVE ALL CONCERNS FROM OFFICER TNTAKE FORM BEEN ADDRESSED WITH
fNMATE')

Yes Goto: 30

Class:

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No Goto: 30

Notes Required

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Refused Goto: 30

Notes Required

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Question #: 30

Question: ARE ALL STATED CHRONIC CONDITfONS NOTED?

Yes Goto: 3 I

Class:

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No Goto: 31

Notes Required

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Refused Goto: 31

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Question #: 31

Question: PPD IMPLANTED'1

Yes Goto: 32

Notes Required

No Goto: 34
Refused Goto: 34
Question #: 32

Notes Required

Question: ARM LOCATION RIGHT ARM?

Yes Goto: 34

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No Goto: 33

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Yes Goto: 34

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Question#: 33

Question # :

3➔

Notes Required

Question: LEFT ARM

Question: Have you had or been treated for mental hea lth prob lems? Bipolar Disorder. Dep ression,
Schizophrenia, Anxiety Disorder. Panic Attacks, OCD. or other conditions?

Yes Goto: 35

Notes Required

No Goto: 35
Refused Goto: 35

Medical Queslionnaire Consrruclion

Notes Required

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Page S

Question #: 35

Question: Females: LMP Date:

Yes Goto: 36

Notes Required

No Goto: 36
Refused Goto: 36
Question #: 36

Notes Required

Class:

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Question: Are you pregnant, recently delivered or aborted; on birth control pills: having abdomina l pain or
discharge')
If yes, please list:

Yes Goto: 37

Notes Required

No Goto : 37
Refused Goto: 37
Question #: 37

Notes Required

No Goto: 38
Refused Goto: 38

Alert:

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Question: Weight:

Yes Goto: 39

Notes Required

No Goto: 39
Refused Goto: 39
Question #: 39

Task:

Question: 02 Sat:

Yes Goto: 38

Question #: 38

Class:

Notes Required

Question : Have you ever participated in the sexual assaul t of another inmate in any adult correctional facility
or in a juvenile facility?

Yes Goto: 40

Notes Required

No Goto: 40
Refused Goto : 40
Question # : -iO

Notes Required

Class:

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Question: Have you ever been the victim ofa sexual assault by an employee or inmate in any adult
correctional facility. juvenile facility. or while on any form of community supervision')

Yes Goto: 41

Notes Required

No Goto: 41
Refused Goto: 41

Medical Questionnaire Constm ction

Notes Required

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Page 6

Question # : '+ I

Question: In the event of a medical emergency you are to immediately notify an officer. For all other
medical concerns fill out a sick call request form. Do you understand''

Yes Goto: 99

Class:

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Notes Required

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A4edica/ Questionnaire Cons1r11ction

Page 7

DIVISION OF COMPLIANCE, STANDARDS, AND INSPECTIONS
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS
REPORT OF INMATE DEATH
(Sections 24-9-35 and 17-7-10, South Carolina Code of Laws)
(Standards 1047 and 1049, Minimum Standards for Local Detention Facilities in South Carolina)
(SCDC Policies/Procedures HS-18.04 and PS- l 0.05)
I.

FACILITY: Sumter County Sheriffs' Office Detention Center

NAME OF DECEASED: Valerie Marie Magnan

HOME ADDRESS:. Nelsons Ferry Summerton SC 29148

DESCRIPTION: DOB•J-..,_19z;8c,5_ _ _ HEfGHT 5~'0~3_ _ _ _ WEIGHT=2~10~--- HAIR ~R~e~d_ _ __
EYES

Haz

SEX -~F_ _ RACE

ARRESTING OFFENSE(S):

SCDC# SC02326995

_I_ _ _L

SOCSEC# _

White

_ _ _ _ _ _ __

Larceny/Grand Larceny Value More Than $2,000
SENTENCED □

PRETRIAL (X)

DATE AND TIME OF COMMITMENT:

04/29/2018
1620:hrs
-~=~~~==~-----------------

NAME AND ADDRESS OF RELATIVE(S) OF THE DECEASED CONTACTED: Coroner will notify of death
Deonne Johnson 803

RECORD OF DECEASED INMATE'S PHYSICAL CONDITION UPON ADMISSION: _ _ _ _ _ _ _ _ _ __
Inmate cooperative during intake, walked into facility.

CAUSE OF DEATH: Pending coroner re ort

IO.

TIME AND DATE OF DEATH:

I I.

NAME OF DOCTOR WHO PRONOUNCED DEA TH:

12.

NAME OF CORONER WI-IO ORDERED AUTOPSY: _R~o~b~b~ie~B~a=k~er~----------------

13.

AUTOPSY PERFORMED BY: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

14.

NAME OF PERSON DISCOVERING DECEASED, TIME DISCOVERED, AND LOCATION WITHIN FACILITY:

~======~-----------------------a.m.

1944 p.m.

day 29th

month ~A=P'~·il_ _ _ year ;2QlL

---------------------

hunate was at the hospital : Palmetto Health Tuomey 129 N. Washington Street Sumter,SC 29150 (803)-774-9000

15.

16.

AT THE TIME OF DEA TH: ----'2°'1'""6_ _ _ _ _ _ _ __
(Actual Count)
WHEN INMATE WAS LAST SEEN ALIVE:

12
(# of Officers on Duty)

l 839 hrs
------------------------

NOTIFY BY TELEPHONE AT: (803) 896-8502
NOTIFY BY FAX AT:
(803) 896-1957
MAIL OR DELIVER REPORT TO:
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS
DIVISION OF COMPLIANCE, STANDARDS, AND INSPECTIONS
POST OFFICE BOX 21787
COLUMBIA, SOUTH CAROLINA 29221

SIGNATURE OF OFFICIAL
MAKING REPORT

TYPED OR PRINTED TITLE OF OFFICIAL

SCDC 8-2 (Revised July, 201 l)

DATE OF REPORT

DIVISION OF COMPLIANCE, STANDARDS, AND INSPECTIONS
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS
REPORT OF INMATE DEA TH

(Sections 24-9-35 and 17-7-10, South Carolina Code of Laws)
(Standards 1047 and 1049, Minimum Standards for Local Detention Facilities in South Carolina)
(SCDC Policies/Procedures HS-18.04 and PS-I 0.05)
I.

FACILITY: Sumter-Lee Re 0 ional Detention Center. 1250 Winkles Rd. Sumter SC 29153

NAME OF DECEASED: Maldanado, Giovanni

HOME ADDRESS: .,.-.T=in-"d,,,alc..,Ro,oc,,ac,d'-',S"'u"'m"'t"'e1c,,·,-"S"'C'-------------------------

DESCRIPTION: DOB---,/.z.93,___ _ _ HEIGHT 5~0~7_ _ _ _ WEIGHT~I4~0~--- HAIR b = l k ~ - - - - -

SCDC#

------------------

EYES ~b~rn~_ SEXM
~ ' - - - RACE B " - - - - - - - SOC SEC #·••■L

___________

ARRESTING OFFENSE(S): Burglary 2"', Burglary 3"", Contempt of Court
SENTENCED

PRETRIAL

[SJ

DATE AND TIME OF COMMITMENT: ~J~ul~2~5~,2~0~1~2_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

NAME AND ADDRESS OF RELATIVE(S) OF THE DECEASED CONTACTED: Dessie Johnson
Eden, NC 27288 (336)

'iurton St. Apt. A,

contact made bv Coroner

RECORD OF DECEASED INMATE'S PHYSICAL CONDITION UPON ADMISSION: Normal

CAUSE OF DEATH: Suicide Waiting on report from Coroner

10.

------------

TIME AND DATE OF DEATH·

a.m.

p.117. 2315

day 01

month_M_a~y_ _ __

year 2013

11.

NAME OF DOCTOR WHO PRONOUNCED DEATH: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

12.

NAME OF CORONER WHO ORDERED AUTOPSY: Harvin Bullock

13.

AUTOPSY PERFORMED BY: Pendino

14.

NAME OF PERSON DISCOVERING DECEASED, TIME DISCOVERED, AND LOCATION WITHIN FACILITY:

==~==-----------------~~=----------------------------

Officer Bobbie Mickens@ Time: I I 00hrs,

B Pod Cell B2 I9
15.

16.

AT THE TIME OF DEATH: _ 3 _ 4 6 ~ - - - - - - - - (Actual Count)

14
(# of Officers on Duty)

WHEN INMATE WAS LAST SEEN ALIVE: 2106 hours

--------------------------

SIGNATURE OF OFFICIAL
MAKING REPORT

Director Simon Major, Jr.
TYPED OR PRINTED TITLE OF OFFICIAL

SCDC 8-2 (Revised July, 201 I)

_ _ _ _ _ May 02, 2013_
DA TE OF REPORT

1.•·· ,:58p.m.

8034362428

06-17-2013

DIVISION OF COMPLIANCE, STANDARDS, AND INSPECTIONS
SOUTll CAROLINA DEPARTMENT OF CORRECTIONS
REPORT OF INMATE DEA Ill

(Sections 24-9,35 and 17-7-10, South Carolina Code of Laws)
(Standards 1047 and 1049, Minimum Standards for Local Delention Facilities in South Carolina)
/SCDC Policies/Procedures HS-18.04 and PS- 10.05)

FACIUTY: _ _.,1Sl!!um!!!l£Jerl:'L,ae:.!i.el'
·
-R£Jellll'iO!l!Det•L!IDe=!e,!JOJ!!t1Q,;nc,Cce:!!nteserc___ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

NAME OF DECEASED: _ _;R""''-' d:::ko=,,_;:C:::hri:,:.s,::to,.p::ohe::.r..::B:::ri=•n::._ SCDC#

HOME ADDRfSS: ---=-!!!!!!t.:Ca,oe,;tt"°on.,_T'-'a"'ilc,L=Jnc..Sa,urn"-""te"-r-"S"-C-"29~1ca5l!.O_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

DESCRJPTION: l_)OB _

_._ll(J.ll91_L]O\L_ HEIGHT ---"5,,,06,___WEIGHT_~J,_,l_,_J_ _ HAJR

EYES Green

__,,M.,___

SEX _

---------------Brown

RACE --'-W'---- SOC SEC#

ARRESTING OFFENSE(S): _ _ Murder and Poss. Weapon during Violent Cnme
SENTENCED □

PRETRIAL XO

DATE AND TIME OF COMMIT~IENT: _,Occ7csi0'"3/.,,_20e,1cel_,:@"'--'-19c.,4,.,9hrs""------------------

NAME AND ADDRESS OF RELATIVE(S)OF THE DECEAShD CONTACTED:._ _~ - -

].,tb
8.

i,odko

(ibotb=) La.'-<- C'j, l:focid4,

RECORD Of DECEASED

{[,19) ?

INMATE'S PHYSICAL CONDITION UPON ADMISSION:

;

in Ma

jpd h.rv 1/::b cf -1:k b.,_,, o{),.d,,;.,s5•i?nX h, drfx<tt>Md b';I :tic, :iin,l,,:,-- ~ G=,c

4,,

wd,Ca 1

ca0d1b,,,.., NAf ,.,

(&"j

bu.uact )

CAUSh OF DEATH:

IO.

T[MEANDDATEOFDEATH: _ _ a.m. _ _ p.m.1337hrs

NAME OF DOCTOR WHO PRONOUNCED DEATH: -~D~rN~u=m=i=z_ _ _ _ _ _ _ _ _ _ _ _ _ __

12.

NAME OF CORONER WHO ORDERED AUTOPSY Hsearv=e"-"'B""ui"'loc""k"------------------

13.

AlJTOPSY PERFORMED BY::];;

14.

NAME OF PERSON DISCOVERING DECEASED, TIME ;;COVERED, AND LOCATION WITHIN F AClLITY:

dayl6th

month

June

yearWl_

4<h:.O'C,:,£d b,1-Hot- Gn,ccc,< oftc, ,

Officer Samuel 1250hrs Bravo Ce l 202

15.

AT THE TIME OF DEATH:

16.

WHEN INMATE WAS LAST SEEN ALIVE:

i337hrs
(Actual Count)

(# of Officer, oo Duty)

_.. 1I 15hrs

NOTffY BY TELEPllONE AT: (803) 896-8502
NOTIFY BY FAX AT:
(803)896·1957
MAIL OR DELIVER REPORT TO:

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS
DIVISION OF COMPLIA.'KE, STANDARDS, A.'111l INSPECTIONS
POST OFFICE BOX 21787
COLUMBIA, SOUTH CAROLINA 29221

MAKING REPORT

-Z.ub F'\" (.,. _

LsSC t--

RECEIVE.l.JiYPE& OR PRJNTE~iiTLE OF OFFJCJAL
SCDC 8-2 (Revised July, 201 I)

JUN 1 t l013
Division of Compliance,
Standards, and Inspections

/ b :::J'~,....~

z,.v_a __

DATE OF REPORT

DIVISION,
SOL''f.

COMPLIANCE, STANDARDS, AND IN$'
'TIONS
_AROLINA DEPARTMENT OF CORREC':. • .JNS
REPORT OF INMATE DEATH

RBCBIVED

(Sections 24-9-35 and 17-7-10, South Carolina Code of Laws)
(Standards 1047 and 1049, Minimum Standards for Local Detention Facilities in South Carolinaj
(SCDC Policies/Procedures HS-18.04 and PS-10.05)
JU

ZO
3 1 14

Division of Compliance,
Starlt1!!1t!s, and Inspections

FACILITY: SUMTER LEE REGIONAL DETENTION

NAME OF DECEASED: JENNIFER LYNN SHARPER-ADAMS

HOME ADDRESS:··-.._..ZAc.C""HAR"'-""-'Y'-'R'-"O"'AD"""'.-"'SUM="-'TE""R,"'-"-SC"--"'29'-'1"'53'-----------------

DESCRIPTION: D0B.--..'JLZ2-"'82'---- HEIGHT 5=0,,_8_ _ _ WEIGHT~l4~0'----- HAIR BROWN
EYES BROWN SEX FEMALE

SCDC# 33398

RACE WHI~~T'-"E'---- SOC SEC#

ARRESTING OFFENSE($): ASSAULT AND BATTERY HIGH AND AGGRAVATED NATURE

SENTENCED □
PRETRIAL (X)
6.

DATE AND TIME OF COMMITMENT: ~JUL==Y~2-'-8~2~0.:..14'--.:..!0~2~3HR=~S_ _ _ _ _ _ _ _ _ _ _ _ _ _ __

NAME AND ADDRESS OF RELATNE(S) OF THE DECEASED CONT ACTED: LAURA MAZELIN (MOTHER}
803-

RECORD OF DECEASED INMATE'S PHYSICAL CONDITION UPON ADMISSION: NORMAIJ

CAUSE OF DEATH: AUTOPSY PENDING BY SUMTER COUNTY CORONER

10.

TIME AND DATE OF DEATH: July 29, 2014 _]lJ!!c 1555 H=R=S_ _ day Tuesday

11.

NAME OF DOCTOR WHO PRONOUNCED DEATH: TUOMEY HEALTH CARE SYSTEM AND SUMTER COUNTY

month JULY year 2014

CORONER HARVIN BULLOCK
12.

NAME OF CORONER WHO ORDERED AUTOPSY: HAR='-"V.:..IN=B:e.lJL=LecOe..:Ce,K.,__ _ _ _ _ _ _ _ _ _ _ _ __

13.

AUTOPSY PERFORMED BY: ~A=U~T~O=P=SY~P=END~IN~G~B~Y~C.:..O=R=O=NE~R~--------------

14.

NAME OF PERSON DISCOVERING DECEASED, TIME DISCOVERED, AND LOCATION WITHIN FACILITY: _ _
OFFICER DEBRA BLAKLEY, 1507 HRS

15.

16.

AT THE TIME OF DEATH: 247

----------(Actual Count)

27
(# of Officers on Duty)

WHEN INMATE WAS LAST SEEN ALIVE: ~12=3~0~H=R=S_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

NOTIFY BY TELEPHONE AT: (803) 896-8502
NOTIFY BY FAX AT:
(803) 896-1957
MAIL OR DELIVER REPORT TO:

SOUTH CAROLINA DEPARTMENT OF CORRECTIONS
DMSION OF COMPLIANCE, STAND ARDS, AND INSPECTIONS
POST OFFICE BOX 21787
COLUMBIA, SOUTH CAROLINA 29221

SCDC 8-2 (Revised July, 201 !)

,Jtb arl Y:u IPR~~ .( ~ u}--1 S!GNATUREO OFFICIAL \

MAKING REPORT
SSGT KIMBERLY L. JAMES
TYPED OR PRINTED TITLE OF OFFICIAL
___ July 29, 2014 _ _ _ _ _ _ _ __
DATE OF REPORT

FACILITY: Sumter-Lee Reaional Detention Center

NAME OF DECEASED: Rogers, Karl Lynn

HOME ADDRESS: .Lynam Rd. Sumter, SC 29150

SCDC#

------------------

bald
EYES

Blue

SEX _ _
M_ _ RACE

White

SOC SEC# _

_ .• • •,___ _ _ _ _ _ __

ARRESTING OFFENSE(S) __L_ar_c_en~y~,_T_re_s~p_as_s_in~g~,H_o_l_d~fo_r_G~e_n_e~ra_l~S_es_s_io_n_s_ _ _ _ _ _ _ _ _ _ _ _ __
SENTENCED □

PRETRIAL X

DATE AND TIME OF COMMITMENT: ~0~5~/2~5~/2~0~16~~18'-'-:0'---!~h~rs~-----------------

NAME AND ADDRESS OF RELATIVE(S) OF THE DECEASED CONTACTED: Coroner will notify of death

RECORD OF DECEASED INMATE'S PHYSICAL CONDITION UPON ADMISSION: _ _ _ _ _ _ _ _ __

CAUSE OF DEATH:

10.

TIME AND DA TE OF DEATH: _ _ a.m.

11.

NAME OF DOCTOR Wl-1O PRONOUNCED DEATH: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

12.

NAME OF CORONER WHO ORDERED AUTOPSY: --'--'R"'ob"°b"'ie'--'B""a"'-k"'e'--r_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

13.

AUTOPSY PERFORMED BY: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

14.

NAME OF PERSON DISCOVERING DECEASED, TIME DISCOVERED, AND LOCATION WITHIN FACILITY:

Pendin° coroner re ort
I 543 p.111.

I 7th

day

March

month --=.20'---1'-'7_ _ _ year _ _

Inmate was at the hospital : Palmetto Health Tuo111ey 129 N. Washington Street Su111ter,SC 29150 (803)-774-9000

15.

16.

AT THE TIME OF DEATH:

218
-----------(Actual Count)

14
(# of Officers on Duty)

WHEN INMATE WAS LAST SEEN ALIVE: Officer Dickey last saw inmate alive before he was pronounced dead.

SIGNATURE OF OFFICIAL
MAKING REPORT

TYPED OR PRINTED TITLE OF OFFICIAL

SCDC 8-2 (Revised July, 2011)

DA TE OF REPORT

DIVISION OF COMPLIAl'iCE, STANDARDS, AND INSPECTIONS
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS
REPORT OF INMATE DEATH
(Sections 24-9-35 and 17-7-l 0, South Carolina Code of Laws)
(Standards 1047 and 1049, Minimum Standards for Local Detention Facilities in South Carolina)
(SCDC Policies/Procedures HS-l 8.04 and PS-I 0.05)

FACILITY: Sumter-Lee Regional Detention Center

NAME OF DECEASED: Nathan McBride Smoot

HOME ADDRESS:-·council St, Sumter Sc, 29150

DESCRJPT[ON: DOB--·c1!:1;94'.LlL__ _ HEIGHT 5~•~10~_ _ _ WEIGHT~l5~0~--- HAIR G~R~Y~---EYES Brown

SCDC# _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

SEX ~M=a=le_ _ RACE B~l=a~cl~--- SOC SEC #•■■■l:..

____________

ARRESTING OFFENSE(S): Murder, Poss of Weapon during violent crime, three brench warrant for Dus 2n, uninsured
vehice and speeding
PRETRIAL XX
SENTENCED □

DATE AND TIME OF COMMITMENT: --'8---1=9_,-2=0~16~---------------------

7.
NAME AND ADDRESS OF RELATIVE(S) OF THE DECEASED CONTACTED: Deputy Coroner Bryan Rogers called
Harry Smoot son of Nathan McBride Smoot at 803

RECORD OF DECEASED INMATE'S PHYS[CAL CONDIT!ON UPON ADMISSION: Frail

CAUSE OF DEATH: = u n k n = = o ~ w n ~ - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

10.

TIME AND DATE OF DEATH: 2140hrs 30 June 2017

11.

NAME OF DOCTOR WHO PRONOUNCED DEA TH: P,._ca:,em,cRiec'ecc,_,.hb,.,ru"'g"-'-'N"'ur"'s°'e"'S-"up"'e"-rv'--'i"so"r_ _ _ _ _ _ _ _ _ _ __

12.

NAME OF CORONER WHO ORDERED AUTOPSY: D~e~p_u~ty_C~o~ro_n~e~r=B~ry~a_n~R~o~g_er_s_ _ _ _ _ _ _ _ _ _ _ __

l3.

AUTOPSY PERFORMED BY: =unk=occwn=a"-t= t l u ~ s ' - - ' t " ' i m ~ e ~ - - - - - - - - - - - - - - - - - - - - - - -

14.

NAME OF PERSON DISCOVERING DECEASED, TIME DISCOVERED, AND LOCATION WITHIN FACIUTY:
Officer Britiney Monique Carter and RN Adrian Sims. Time of death 2130hrs and place of deaUi Palettmo Tourney Hospital
Sumter Sc.

15.

16.

AT THE TIME OF DEATH: 241

----~-----( A cluat Count)

12
{'<()'fOffrcers on Dut}'! ·

WHEN INMATE WAS LAST SEEN ALIVE: = 2 ~ 1 3 ~ 1 ~ h r ~ s ~ - - - - - - - - - - - - - - - - - - - - -

NOTIFY BY TELEPHONE AT: (803) 896-8502
NOTIFY BY FAX AT:

(803) 896-1957

MAIL OR DELIVER REPORT TO:
SOUTH CAROLINA DEPARTMENT OF CORRECTIONS
DIVISION OF COMPLIANCE, STANDARDS, AND Ii'ISPECTIONS
POST OFFICE BOX 21787
COLUMBIA, SOUTH CAROLINA 29221

~/':=

?-,

STED
~\ C.a
1t I<. To""\·. '.1 I J 'IC
OR P TED TITLE OF OFFICIAL
~-30-17

SCDC 8-2 (Revrsed July, 20 I I)

J3',/(..

SIGNATURE OF OFFIC[AL
MAKING REPORT

DATE OF REPORT

DAVISION OF CO.MPLJANCE.. STA.~DARDS, AND INSPECTIONS

SOUTll CAROLINA llEPARTh!ENT OF CORRECTIONS
REPORT OF fN:\fATE DEATH

(Secticins 24-9-35 aod 17-7. \Q, South Carolina Code of Law.;)
(Stand;ud~ 1047 and l 049, Minimum Standard, for Local Detention Facilitie., in South Carolina)
(SCDC Policies/Procedures HS-! &.04 and PS- JO.OS)

te~•---------------------

FACTLITY: Sumter County Sheriffs.' Office Detention Cc_n,0
2.

H0\1£ ADDRESS:
4

Widman DR. Sumter SC 29154

DESCRJPTJON· DOB-•ull::t.•k80u__ _ HEIGHT

EYES
:i.

SCDC# _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

N,\.'1E OF DECEASED: Browder, Daniel Dak:

Brown

SEX -~M~- RACE

ARRESTt'-iG OFFENSE($)·

s~·'~'---- WEIGHT"i~l5~--- HAIR

_!!!!!!!!!!!!!!!!!I___________

SOC SEC # _

White

Bht~k

Off 80nd. DUS. Reckless Driving, Giving Fuhc Info, FSBL, Tr~ffic HabituiJ Offtnder,

Pos~.

PRETlUAL X

SENTENCW0

Conceal Stolen Vehicle, Contempt of CircU1t Coun X 6

=cc"~'~'·cc'~ho'cc""';c,'= = = - c c - - - = - ~ ~ ~ c

DATE AND T UvIE. OF COMMITME:--IT: ~l"O~!Oc,3,.,/2"0"1~8

NAME A.1'ID ADDRESS OF RELA Tl\lE(S) OF THE DECEASED CONT ACTED: Coroner will notify of dcmh

R.ECORD Of DECEASED !},"MATE'S PHYSICAL COhU!TlON VPON ADMJSSION: lnm.ue was in a cnr accident prior
to corning to j:i.il he had a bruii;c on the right and ld1 eye. f·k ~rntcd that he last u~e \{cth (10-01-18) Jnd HcDm /N"o date for
~~eroi.n

CAUS-E OF DEATH: Pending c,00~,o~o~c~,~'

10.

TilvfE

l \.

NAME OF DOCTOR \V}-IO ?RONOWCED DE.ATH: D='~ D = n ~ ' " ' - - - - - - - - - - - - - - - - - - -

='"~-------------------------

/\J"\.1)

DATE OF DEATH: lLlQ____ am ___ p.m. _ _ _ Oay_0_8_ _ rnouth

Dcce-mb~ year

lQlL

!2.

NA.\ilE OF CORONER WHO ORDERED AUTOPSY: _,.,R~,b~b"i,""B~•k~c<'------------------

AUTOPSY Pf:RFORMED BY: "N~c~w~b'~""=P~•~•'~"~lo=~l~l~C~---------------------

14.

NAME

or PERSON DISCOVERING DECEASED, TIME DISCOVERED, A,"\,''D LOCATION WITHIN J"ACIUTY:

hun.ate wa~ at the hospirnl: Palmetto R1chlMd 5 Richland Medical Park Dr Columbia SC 29203 (803) 434-7000

AT THE TJ!l.·ffOF DEATH: - ~ 2 l ~ l ~ - - ~ - - - - -

II
(# of Officer~ on Duty)

(Acru..al Count)
16.

WHEN f>,'},'11\TE WAS LAST SEEN ALIVE.

12i06t1 6@ 0325 A..M

NOTIFY BY iELEPHO:'liE AT: (803} 896-8502
NOTIFY BY FAX AT:
(S03) 896-1957

MAIL OR DELIVBR RLPORT TO:
sounI C.-\.ROLL"lA DEt'ART~ENT OF CORRECTIO~S
DIVISION OF COMPLU.NCE, STANDARDS, A.:'1/D INSPECTION'S
POST OFFICE DOX 21787
COLUMBIA. SOUTH CAROLINA 29221

MAKTNGR

~g~~\

~FrICJAL

07:33'4S

8034:!624]8

1 /4

01-11-2019

DJVJSlON OFCOi\'IPLIANCE, STANDARDS, AND INSPECTIONS
SOIJTH CAROLINA DEPARTMENT Of1 CORF.1•·:,cnm•fs
REPORT OIi lNMAn; IH~ATH

(Swions 24-9-35 11ml 17-7-JO, Solllh Caroliun Code o[ l .. aw$)
(S1andards JO,l7 and \049, Minimum Stun<lards for Local I)ctcmion F<1ci!itic~ in Soul\1 Carolina)
(SCDC Po!kies/Proccdurc:. HS-18.04 and PS-10.05)

FACIUTY Sinmc:r C0',1nty Sheriff~• Office De!~-0n~!it~"~'C~''~"~"~'---------------------

NAM F OF DECEASED:

HOME ADD!U:SS:~\~!·_girclc

_G_,_rr_,_H~,J_,_w_n-•y_ _ _ _ __

SCDCii

JJESCR!PTJON: OO8--<MiL_ _ HEIGHT 500c9_ __
EYES

Hr0w1;_ SEX _M~•~- RACE

ARRESTINC, OffENSE(S):

------------------

si,c"LJC!~i:L,··"'"C~'~-9~1~6,L'- - - - - - - - - - - - - - - - - - - - - ·- ----

Black

W!JGHT"l~60~_ _ _ HAfR

__j···•'------------

SOC SEC lf _

Ass11uh & Ha1tcry Isl
SENTENCED

6
7.

Black

PRETRIAi. (X)

DATE AND TIMI: OF CO/l,·1MlTMENT: _i~tn~,3~/~20~1~9~0J~2~Jl~5~h~cs~-----------------NAMF. AND ADJ >RFS.S OF RELA"! JVE(S) OJ THE DECEASED CONJACTED: Coroner wiil notifv of death

RECORD OF IJEC!-:ASED INMATE'S PHYSICAL CONl)ITJO\/ UPON ADMfSSlON: _ _ _ _ _ _ _ _ _ __

TIME AND DATF. Of: DEATH:

! I.

NAM!', OF IJOClOH WHO 1'RO"JOUNCED

day l0!h

month

Jamrnry

ye;ir 20!9

rn:An!:

!2.

NA/Vlli OF CORONl:R WlIO ORDERfl) AL/'f0P0Y: ~"~'~aL11~R~o~•,~--~,- - - - - - - - - - - - - - - - -

13.

AUTOPSY PERFORMED BY: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

14.

NNvlE OF PERSON D!SCDVEIUNG D.ECF'.ASED, TIME UISCOVERED, AND J.OCATION W!TJ-flN FAC!l.!TY;

I.I

(II of Officers on Duty)

l Ci

WI/EN Nl\-!ATI ~VAS LAST SEEN AUVE: 014~4~5~h~"~----------------------

NOTIFY H\' TELEPHONE AT: (8U3) 8%-8502
NOTJFY BY FAX AT:
(SOJ) 896-1957

1'v1AH,

on DELJVI<:R

Rl-'.PORT TO:

SOUTII CAROl.,t''U DEl'ARTMT-:NT OF CORRECTIQ,\S
DIVISION OF COMPUA:'\'CE, STANDARDS, AND lNSl'ECTIONS
POST O.f<'flCE BOX 21787
COi ,l:i\•IBIA, SOUTH CAROLINA 19121

J~J.~ 'Ji,-:-~··-~
SIGNATURE OF OFFICIAL
MAKfNG RfPORT

Li<.,vhne~f
TYPED OR PRfNTED TJTU.! OF OFF!CfAL

_ _ /-_1<>--11
SCDC 8-2 {Revised J1tly, 20l l)

DATE OF REPORT

The Habeas Citebook Ineffective Counsel Side

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