Current Status Introducing Body:House Bill Number:4713 Primary Sponsor:Tucker Committee Number:25 Type of Legislation:GB Subject:Pretrial intervention programs Residing Body:House Current Committee:Judiciary Companion Bill Number:1450 Computer Document Number:CYY/19085.SD Introduced Date:Apr 09, 1992 Last History Body:House Last History Date:Apr 09, 1992 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Tucker Type of Legislation:General Bill
Bill Body Date Action Description CMN
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4713 House Apr 09, 1992 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 17-22-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRETRIAL INTERVENTION PROGRAMS ESTABLISHED BY THE CIRCUIT SOLICITORS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION SHALL OVERSEE ADMINISTRATIVE PROCEDURES FOR THESE PROGRAMS; TO AMEND SECTION 17-22-40, RELATING TO THE OFFICE OF PRETRIAL INTERVENTION COORDINATOR, SO AS TO TRANSFER THIS OFFICE FROM THE ATTORNEY GENERAL'S OFFICE TO THE COMMISSION ON PROSECUTION COORDINATION AND TO PROVIDE THAT THE COORDINATOR MUST BE EMPLOYED BY THE COMMISSION ON PROSECUTION COORDINATION; TO AMEND SECTION 17-22-50, RELATING TO PERSONS NOT ELIGIBLE FOR PRETRIAL INTERVENTION, SO AS TO FURTHER PROVIDE FOR THOSE OFFENSES WHICH MAKE PERSONS INELIGIBLE FOR PRETRIAL INTERVENTION; TO AMEND SECTION 17-22-60, RELATING TO CERTAIN STANDARDS AND CONDITIONS APPROPRIATE FOR PRETRIAL INTERVENTION, SO AS TO CLARIFY THAT INTERVENTION IS APPROPRIATE IF THE OFFENDER HAS NOT PREVIOUSLY BEEN ACCEPTED IN A PRETRIAL INTERVENTION PROGRAM; TO AMEND SECTION 17-22-100, RELATING TO THE TIME FOR APPLICATION TO AN INTERVENTION PROGRAM, SO AS TO REVISE THIS TIME; TO AMEND SECTION 17-22-110, AS AMENDED, RELATING TO FEES FOR APPLICATION AND ACCEPTANCE, SO AS TO CHANGE THE TERM "ACCEPTANCE FEE" TO THE TERM "PARTICIPATION FEE"; TO AMEND SECTION 17-22-120, RELATING TO ALCOHOL AND DRUG ABUSE SERVICES FOR OFFENDERS IN AN INTERVENTION PROGRAM, SO AS TO PROVIDE THAT NO SERVICES MAY BE DENIED DUE TO AN OFFENDER'S INABILITY TO PAY; TO AMEND SECTION 17-22-130, RELATING TO REPORTS AND IDENTIFICATION AS TO OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO FURTHER PROVIDE FOR THE RETENTION OF THESE RECORDS AND REPORTS AND FOR THOSE PERSONS AUTHORIZED TO RECEIVE CERTAIN INFORMATION IN REGARD TO INTERVENTION; TO AMEND SECTION 17-22-150, RELATING TO DISPOSITION OF CHARGES AGAINST OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO FURTHER PROVIDE FOR THOSE AGENCIES OR INDIVIDUALS REQUIRED TO DESTROY RECORDS RELATING TO THE OFFENSE; TO ADD SECTION 17-22-170, SO AS TO MAKE IT A MISDEMEANOR FOR ANY PERSON TO UNLAWFULLY RETAIN OR RELEASE INFORMATION ON AN OFFENDER'S PARTICIPATION IN A PRETRIAL INTERVENTION PROGRAM AND TO PROVIDE PENALTIES FOR VIOLATION; AND TO REPEAL SECTION 17-2-160, RELATING TO THE TIME WITHIN WHICH THE PRETRIAL INTERVENTION PROGRAMS WERE REQUIRED TO BE FIRST ESTABLISHED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-22-30 of the 1976 Code is amended by adding a new subsection (D) to read:
"(D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the Circuit Solicitors' Pretrial Intervention Programs."
SECTION 2. Section 17-22-40 of the 1976 Code is amended to read:
"Section 17-22-40. There is hereby established the office of Pretrial Intervention Coordinator whose responsibility shall be is to assist the solicitor in each judicial circuit in establishing and maintaining a pretrial intervention program. The office of Pretrial Intervention Coordinator must be within the South Carolina Commission on Prosecution Coordination. The coordinator shall employ and such staff as is necessary to assist in the implementation of the provisions of this act chapter must be employed by the South Carolina Commission on Prosecution Coordination. The office of the coordinator shall must be funded by an appropriation to the Attorney General's office Commission on Prosecution Coordination in the state general appropriation act."
SECTION 3. Section 17-22-50 of the 1976 Code is amended to read:
"Section 17-22-50. A person may not be considered for intervention if he has previously been accepted into an intervention program nor may intervention be considered for those individuals charged with burglary, arson, kidnapping, blackmail, driving under the influence of intoxicating liquor or drugs, any traffic-related offense which is punishable only by fine or loss of points, or any fish, game, wildlife, or commercial fishery-related offense which is punishable by a fine or loss of points, or any crime of violence as defined in Section 16-1-60. including, but not limited to murder, voluntary manslaughter, assault and battery with intent to kill, criminal sexual assault, or armed robbery. This However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge."
SECTION 4. Section 17-22-60(A) of the 1976 Code is amended by adding a new item (8) to read:
"(8) The offender has not previously been accepted in a Pretrial Intervention Program."
SECTION 5. Section 17-22-100 of the 1976 Code is amended to read:
"Section 17-22-100. An offender must make application to an intervention program no later than forty-five seventy-five days after service of the warrant or within ten days following appointment of counsel for the charge for which he makes such the application. Provided, however However, in the discretion of the solicitor, the provisions of this section may be waived."
SECTION 6. Section 17-22-110 of the 1976 Code, as last amended by Act 57 of 1987, is further amended to read:
"Section 17-22-110. An applicant to an intervention program shall pay a nonrefundable application fee of fifty dollars and, if accepted into the program, a nonrefundable acceptance participation fee of two hundred fifty dollars prior to admission. All fees paid must be deposited into a special circuit solicitor's fund for operation of the pretrial intervention program. All fees or costs of supervision may be waived partially or totally by the solicitor in cases of indigency. The solicitor may also, if he determines necessary, in situations other than indigency allow scheduling of payments in lieu of lump sum payment. In no case shall aggregate fees for application and participation in an intervention program exceed three hundred dollars. However, in cases where the solicitor determines that referral to another agency or program is needed to achieve rehabilitation for a problem directly related to the charge, the defendant may be required to pay his participation in that special program, except that no services may be denied due to inability to pay."
SECTION 7. Section 17-22-120 of the 1976 Code is amended to read:
"Section 17-22-120. In any case in which an offender agrees to an intervention program, a specific agreement shall must be made between the solicitor and the offender. This agreement shall include the terms of the intervention program, the length of the program and a section therein stating the period of time after which the prosecutor will either dismiss the charge or seek a conviction based upon that charge. The agreement shall must be signed by the offender and his or her counsel, if represented by counsel, and filed in the solicitor's office. The Commission on Alcohol and Drug Abuse shall provide training if requested on the recognition of alcohol and drug abuse to counselor employees of local pretrial intervention programs and the local agency authorized by Section 61-5-320 shall provide services to alcohol and drug abusers if referred by pretrial intervention programs. However, no services may be denied due to an offender's inability to pay."
SECTION 8. Section 17-22-130 of the 1976 Code is amended to read:
"Section 17-22-130. Notwithstanding the provisions of Section 17-1-40, in all cases where an offender is accepted for intervention a written report shall must be made and retained on file in the solicitor's office, regardless of whether or not the offender successfully completes the
intervention program. All reports must be retained on file in the solicitor's office for a period of two years after successful completion, two years after rejection, or two years after unsuccessful completion of the program. After the retention of these reports for two years, they may be destroyed. The circuit solicitor shall furnish to the South Carolina Law Enforcement Division personal identification information on each person who applies for intervention, is subsequently accepted or rejected and successfully or unsuccessfully completes the program. This information shall may only be used by the Division and the State Coordinator's Office in those cases where a circuit solicitor inquires as to whether a person has previously been accepted in an intervention program. Provided, however However, that information may be confidentially released to the State Coordinator's Office to assist in compiling annual reports.; provided, further, that The identification information on any defendant shall must not be under any circumstances released as public knowledge."
SECTION 9. Section 17-22-150(a) of the 1976 Code is amended to read:
"(a) In the event an offender successfully completes a pretrial intervention program, the solicitor shall effect a noncriminal disposition of the charge or charges pending against the offender. Upon such disposition, the offender may apply to the court for an order to destroy all official records relating to his arrest and no evidence of such the records pertaining to such the charge shall may be retained by any municipal, county, or state agency entity or any individual, except as otherwise provided in Section 17-22-130. The effect of such the order shall be is to restore such the person, in the contemplation of the law, to the status he occupied before such the arrest. No person as to whom such the order has been entered shall may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge such the arrest in response to any inquiry made of him for any purpose."
SECTION 10. The 1976 Code is amended by adding:
"Section 17-22-170. Any municipal, county, or state entity or any individual who unlawfully retains or releases information on an offender's participation in a Pretrial Intervention Program is guilty of a misdemeanor and upon conviction must be punished by a fine not exceeding two thousand dollars or by imprisonment not to exceed one year.
The provisions of this section do not apply to circuit solicitors or their staff in the performance of their official duties."
SECTION 11. Section 17-22-160 of the 1976 Code is repealed.
SECTION 12. This act takes effect upon approval by the Governor.