Indicates Matter Stricken
Indicates New Matter
The Senate assembled at 11:00 A.M., the hour to which it stood adjourned and was called to order by the ACTING PRESIDENT, Senator LOURIE.
To the Honorable Carroll A. Campbell, Jr., Governor of South Carolina, and the Honorable Presiding Officers and members of the General Assembly.
The Committee to make a full and complete study of the illicit drug problems in South Carolina with a view to formulating and recommending appropriate legislative proposals for coping with the problem, was created by Concurrent Resolution S-771 of the General Assembly, approved April 24, 1970. The creating resolution authorized the establishment of a nine-member committee to consist of three members from the Senate, three members from the House and three members appointed by the Governor.
The Committee was formally organized on August 31, 1970, and was made a permanent committee on June 22, 1971.
Since the enactment of modernized drug legislation in 1971 and the creation of a permanent drug and narcotics study committee, the members have continuously worked to become knowledgeable and keep abreast of the activities in the areas of drug education, treatment, aftercare, rehabilitation and law enforcement, and in addition to discover for themselves how the interrelationship of these divisions contributes to an effective and meaningful drug program.
On June 14, 1977, legislation was ratified which changed the name of the Committee to The Joint Legislative Committee to Study the Problems of Alcohol and Drug Abuse. The membership was increased from nine members to twelve members, and the Committee has since given the same attention to alcohol and drug problems as it has previously given to drug problems alone.
Approved and Respectfully Submitted.
/S/ Senator J. Verne Smith, Chm.
Senator Peden B. McLeod (Resigned)
/S/ Senator Nikki G. Setzler
/S/ Senator Kay Patterson
/S/ Representative Robert W. Hayes, Jr.
/S/ Representative Michael L. Fair
/S/ Representative Jarvis R. Klapman
/S/ Representative C. D. Chamblee
Mr. Sterling Laney (Resigned)
Mr. Donny Wilder (Resigned)
/S/ Mrs. Leslie Harrison
/S/ Dr. Gael Caution
The 1989-90 legislative years have seen the Committee make notable advancement in legislation. The challenge of keeping abreast of the activities of various state divisions and their interrelationships was met enabling South Carolina to further its goals in relationship to meaningful alcohol and drug legislation and programs.
For 1989-90 the Committee emphasis has focused on a number of major alcohol and drug-related issues and proposals including The Omnibus Drug Bill, The Drug-Free Workplace Act, revocation of drivers licenses for ABC violations, and The Safe Schools Act of 1990. At the Annual Meeting the Committee heard presentations by representatives of various state divisions and state and community leaders on alcohol and drug abuse issues and proposals including Administrative per se (Suspension/Revocation), taking drivers licenses for ABC violations and drug possession, the need for additional ABC agents, content labeling, .02 BAC for under 21, marijuana eradication and bond for drug dealers. Members were instrumental in the passage of a number of legislative proposals brought before them which will be addressed later in this report. The following information contains subcommittee reports and recommendations:
CHAIRMAN, REPRESENTATIVE ROBERT W. HAYES, JR.; Members: Senator Peden McLeod, Representative C. D. Chamblee and Dr. Gael Caution
This subcommittee held several meetings during the year and submitted the following report:
We, the undersigned subcommittee, have studied and carefully considered the concept of Illegal per se at a Blood Alcohol Level of .10 and do hereby recommend it favorably to the full Committee.
/S/ Representative Robert W. Hayes, Chairman
/S/ Representative C.D. Chamblee
/S/ Dr. Gael Caution
The subcommittee chaired by Representative Hayes also held a public meeting to address "Alcohol Server Issues". The members heard testimony from several different interested parties including, MADD, tavern owners, the ABC Commission, USC Fraternity Council, the S.C. Beer Association, the S.C. Commission on Alcohol and Drug Abuse, the Restaurant Association and the Highway Department.
As the result of this hearing, the subcommittee submitted the following report:
We, the undersigned subcommittee, have studied and carefully considered H. 3028, Nonissuance of License and Restriction of Driving Privileges to Habitual Offenders (which includes provisions to revoke drivers licenses for ABC violations) and do hereby recommend that the same do pass as amended.
/S/ Representative Robert W. Hayes, Chairman
/S/ Representative C.D. Chamblee
/S/ Dr. Gael Caution
Members of the Committee were instrumental in the passage of major legislative proposals and are as follows:
S.703 (Mitchell, JV Smith, McLeod, Patterson, Setzler & others) Concurrent Resolution memorializing the President to declare war on illicit drug trafficking. Adopted by the Senate and House
H.3028 (Introduced by JV Gregory, this bill was amended to include revocation of drivers licenses for ABC violations, Committee Chairman, J. Verne Smith and several Committee members worked diligently to ensure the passage of this legislation) A bill to amend Sect. 56-1-1090, relating to nonissuance of license and restriction of driving privileges to habitual offenders, so as to provide that no petition or court order is required for the restoration of driving privileges after the expiration of the five-year waiting period and all financial responsibility requirements have been fulfilled Signed by the Governor on June 24, 1990
H. 4360 (Introduced by Representative Robert W. Hayes, this bill was amended to become the Omnibus Drug Bill. Several legislative issues that were sponsored by Chairman, Senator J. Verne Smith, were incorporated in this major piece of legislation. They include provisions to define "ice", total weight of controlled substances in mixed or pure form, number of marijuana plants regardless of weight, the suspension of drivers licenses for controlled substance violations, the employment of minors in drug operations, money laundering and the forfeiture of conveyances intended for use. Several Committee members cosponsored legislation dealing with these same issues--they are as follows: Senator Nikki Setzler, Senator Peden McLeod, Senator Kay Patterson, Representative Robert Hayes, Representative Michael Fair, Representative Jarvis Klapman and Representative C. D. Chamblee.) A bill to amend Section 44-53-530, relating to forfeiture procedures and disposition of forfeited items and proceeds of sales of property forfeited under the provisions of Section 44-53-520 (forfeiture of property relating to the illegal use of narcotics and controlled substances) Signed by the Governor on June 25, 1990
H. 4852 (Representative Michael Fair cosponsored this legislation along with Representative Wilkins & others) A bill to enact the "Safe Schools Act of 1990" To amend Section 16-23-430 relating to the crime of carrying weapons on school property, so as to increase the penalties; to amend Section 44-53-445, as amended, relating to the distribution of a controlled substance within a certain proximity of a school so as to provide for a mandatory fine and imprisonment Signed by Governor on June 12, 1990
The Committee has continued to research and study the problems of alcohol and drug related issues with deliberate concern and effort. Interaction with citizens' action groups and various state agencies was substantial and furthered the Committee's awareness of needed legislation.
During the year, Committee Chairman, Senator J. Verne Smith, attended numerous community functions seizing the opportunity to inform the public about Alcohol and Drug related legislation and issues. In November of 1989, Charmy Reese, Committee staff, participated in a Legislative Network Retreat to discuss pending alcohol and drug legislation.
The Study Committee continues to assign highest priority to exercising every opportunity to gain personal understanding of information revealing new and innovative efforts to reduce alcohol and drug abuse. The Committee accepts its responsibility to organize and develop this information to promote appropriate legislation aimed at controlling and reducing alcohol and drug abuse in South Carolina. The Committee shares the results of their research and information development by responding promptly to all requests for information by concerned citizenry. The Committee has provided, upon request, their Annual Report to the S.C. State Library, S.C. Archives and History, USC Library and the Caroliniana Library and to libraries in other states including Florida, Illinois, Kentucky, Wisconsin and Virginia.
The Committee anticipates two Committee meetings during the interim to hear issues and proposals prior to the 1991 Legislative Session.
The following is a Legislative Status Report of bills introduced during the 1989-90 Legislative Session. Those bills that have passed are indicated by an ACT number. Any legislation not enacted is no longer considered pending.
S.20 (Sen. Williams) SEE H.3111 A Bill to ratify an amendment to Section 22, Article V of the Constitution of SC Referred to Judiciary
S.127 (Bryan) SEE H.3180 Patients' Rights Referred to Medical Affairs
S.129 (Sens. Bryan, Peeler & Hayes) SEE H.3136 Amend 44-52-60 relating to Emergency Commitment Referred to Judiciary
S.183 (Sen. Bryan) To amend by adding Article V to Chap 3., Title 44 so as to provide that members and representatives of Local Alcohol and Drug Abuse Boards and Commissions, whose membership is chosen by local elections, must be elected through countywide elections and not through townships, wards, or other similar entities Referred to Judiciary
S.186 (Sen. Bryan) A Bill to amend Section 56-1-460, relating to penalties for driving while a driver's license has been canceled, suspended, or revoked, so as to delete the authority of the DHPT to suspend a license of a person for an additional time if he is convicted under the provisions of this section after the original period of suspension has expired and to provide that a person must not be convicted under the provisions of this section if the original period of suspension has expired Referred to Transportation
S.351 (Leatherman) SEE 3154 A Bill to amend Chapter 1, Title 56 by adding Article 11 so as to require Hwy Dept. to suspend driver's license of persons convicted of violating 61-9-50, 61-9-60, 61-13-287, 20-7-370, 20-7-380 Referred to Transportation Fav./amendment. Sen. Land minority unfavorable. On calendar for 2nd. Sens. Land and Mitchell desire to be present, Rec'd 2nd, ordered to 3rd
S.378 (Giese, Setzler, & others) A Bill to amend by adding 40-43-425 so as to provide for the regulation of a pharmacy located outside this State which ships, mails, or delivers a controlled substance or dangerous drug or device into this State pursuant to a prescription if this service is its primary business Referred to Medical Affairs
S.408 (Bryan) A Bill to amend Section 56-1-510, as amended, relating to unlawful use of and fraudulent applications for a motor vehicle driver's license or personal ID card, so as to make it unlawful for a person knowingly to allow his personal ID documents to be used by another for the purpose of fraudulently obtaining a driver's license or personal ID card; and to amend the 1976 Code by adding Sect. 56-1-512, so as to require the driver's license of a person convicted of violating Sect. 56-1-510 to be suspended for 6 months and to require convictions to be reported to the SCDHPT Referred to Transportation
S.459 (Sen. Moore) Add Section 59-67-155 so as to require the State Brd. of Ed. to implement a program for alcohol & drug testing Referred to Education
S.661 (Martschink, Patterson & others) Amend Title 59 by adding Chapter 40 to provide for establishment of Educational Alternative Programs in school districts Referred to Education
S.667 (Sen. Martschink & others) Amend by adding 56-5-70 so as to provide for issuance of decal to indicate person in control of a motor vehicle consents to its search for illegal drugs and provide for the search Referred Transportation, rec'd fav. report, Sen. Long desires to be present, Received 2nd & 3rd, Sent to the House, Referred to Judiciary
S.716 (Sens. Peeler & Lee) SEE H.3963 Referred to Judiciary
S.733 (Holland) Jt. Resolution to test video cameras by Hwy. Dept. for violation of Sect. 56-5-2930 Referred to Transportation Fav. report, rec'd 2nd, Rec'd 3rd & sent to House, Referred to Judiciary
S.775 (Wilson & Rose) SEE H.4036 Amend by adding 56-1-41 dr. lic. applicant to take and pass drug test Referred to Transportation
S.807 (Passailaigue & Rose) Amend by adding Sect. 56-1-755 to provide for suspension and delay of the issuance of a dr. lic. for narcotics and controlled substances conviction Referred to Transportation
S.847 (Sen. Passailaigue & Rose) Amend by adding Art. 24 to Chapter 5, Title 56 to provide for Ignition Interlock for 2nd offense DUI Referred to Transportation
S.884 (Sen. Mullinax) A bill to amend by adding Section 56-1-462 to provide for issuance of provisional license for convicted DUI'S and to exclude a person whose license is suspended for DUI Referred to Transportation
S.890 (Sen. Rose) A bill to amend by adding 61-9-150 so as to make it unlawful to sell beer or wine displayed in a container of ice located within 20 feet of a cash register or an entrance or exit of a building Referred to Judiciary
S.939 (Sens. Bryan, Hayes, Peeler & Fielding) A bill to repeal Sections 44-9-130, 44-9-140, 44-9-150, 44-11-50, 44-11-100, Article 3 of Chapter 15 of Title 44, Article 5 of Chapter 15 of Title 44, Section 44-17-830 and Article 7 of Chapter 23 of Title 44
Referred to Judiciary, Favorable Report, Recommitted to Judiciary
S.953 (Senator Giese) A Bill to amend Section 61-9-40, relating to the unlawful sale of beer or wine to a person under twenty-one and Section 61-13-290, relating to the unlawful sale of alcoholic liquor to a person under twenty-one, to provide that a person authorized to sell these products is not considered to have violated the provisions if the purchaser knowingly misrepresents his age by producing false identification; Section 61-9-70, relating to the penalties for the violation of certain provisions of law relating to the unlawful purchase of beer or wine and Section 20-7-380, relating to unlawful purchase of alcoholic liquor, to require the suspension for a period of ninety days of the person's S.C. driver's license or the permanent revocation of his nonresident operator's permit where false information as to the purchaser's age was presented Referred to Judiciary
S. 975 (Senators Rose and Wilson) A bill to amend Chapter 53, Title 44, relating to poisons, drugs, and other controlled substances, by adding Article 15 so as to enact the "DRUG-FREE SCHOOLS ACT"; to provide that within one hundred twenty days of the effective date of this act, the State Department of Education, in consultation with the State Drug-Free Schools Advisory Committee, shall issue administrative guidelines and procedures for The Drug-Free Schools Program; and to require the submission of a complete and final draft of the guidelines and procedures, within ninety days of the effective date of this act, to the Chairmen of the Judiciary Committees of the Senate and the House of Representatives Referred to Education
S. 976 (Senators Rose and Wilson) A bill to amend Section 44-53-445, relating to the distribution of a controlled substance within a radius of 1/2 mile of a school, so as to expand the territorial area in which a violation is possible, to provide for additional criminal offenses and penalties, to bar certain defenses, to provide that adjudication of guilt or imposition of sentence may not be suspended, deferred, or withheld for violations under this section, and to provide for ineligibility for parole until the prescribed mandatory term of imprisonment, or the entire term of imprisonment imposed, has been served Referred to Judiciary
S. 977 (Senators Rose and Wilson) A bill to amend by adding Sections 44-53-397 and 44-53-399 so as to provide for an additional penalty for a violation relating to controlled substances Referred to Med. Affairs
S. 978 (Senators Rose and Wilson) A bill to amend by adding Section 44-53-595 so as to provide for the mandatory suspension and delay of the issuance of a driver's license of a person convicted of or adjudicated delinquent for offenses relating to narcotics and controlled substances Referred to Transportation, Recalled and referred to Judiciary
S. 980 (Senators Rose and Wilson) A bill to amend by adding Chapter 54 to Title 44 so as to provide for the Drug Treatment Facility Accountability Act Referred to Medical Affairs
S. 1056 (Senator Rose) A bill to amend Act 1377 relating to the issuance of capital improvement bonds, so as to authorize the issuance of additional bonds for the purpose of constructing a correctional institution for persons convicted of violating laws pertaining to narcotics, drugs, and other controlled substances Referred to Finance
S. 1071 (Senators Lourie, J. Verne Smith, McLeod, Setzler & others) A bill to amend Section 44-53-370 relating to unlawful acts involving controlled substances so as to provide that the total weight of the substance in its pure form or as a mixture is the appropriate weight to be considered for purposes of this section and to add Section 44-53-396 so as to require the suspension of a person's drivers license upon a controlled substance conviction Referred to Judiciary
S. 1072 (Senators Lourie, J. Verne Smith, McLeod, Setzler and others) A bill to amend Section 17-15-10 so as to allow persons not likely to appear as required if considered dangerous to the community to be detained prior to trial, and to provide a procedure for detention hearings pending trial Referred to Judiciary
S. 1073 (Senators Lourie, J. Verne Smith, McLeod, Setzler and others) A joint resolution proposing to amend Section 15 of Article 1 of the constitution of South Carolina relating to bail, cruel, unusual punishment; and detention of witnesses, so as to provide the circumstances under which bail may be denied Referred to Judiciary
S. 1074 (Senators Thomas, J. Verne Smith, Setzler and others) A bill to amend by adding Section 44-53-405 so as to provide for the suspension of a driver's license of a person, upon conviction, entry of plea of guilty or of nolo contendere, or forfeiture of bail, for a second or subsequent offense of selling or attempting to possess certain drugs Referred to Judiciary
S. 1075 (Senators Lourie, J. Verne Smith, McLeod, Setzler and others) A bill to amend Item 6 of Section 44-53-520(a), relating to forfeiture of conveyances used or intended to unlawfully conceal, contain, or transport controlled substances and their compounds, so as to allow for the forfeiture of such conveyances when used or intended for use to facilitate the unlawful concealment, containment or transportation of controlled substances in a quantity greater than that deemed personal use pursuant to Section 44-53-370(d)(3) Referred to Judiciary
S. 1076 (Senators Rose, Thomas and Wilson) A bill to amend Title 8, relating to public offices and employees by adding Chapter 16 so as to establish uniform standards for pre-employment and employment drug testing of public and private sector employees, to authorize this drug testing under certain conditions, to provide procedures for this testing including confidentiality requirements, to provide for employee and employer protections in regard to this testing, to provide for the approval of persons and laboratories by the Department of Health and Environmental Control to conduct specimen collection and confirmation testing, and to provide for civil remedies and relief for certain violations Referred to Judiciary
S. 1082 (Senators Lourie, J. Verne Smith, McLeod, Setzler and others) A bill to amend subitem (e)(1) of Section 44-53-370, so as to provide that the actual or constructive possession of one hundred to one thousand marijuana plants, regardless of weight, is punishable by a mandatory term of imprisonment of twenty-five years and a fine of twenty-five thousand dollars, and that the actual or constructive possession of more than one thousand marijuana plants, regardless of weight, is punishable by a mandatory term of imprisonment of twenty-five years and a fine of fifty thousand dollars Referred to Judiciary
S. 1096 (Senators Mullinax, Macaulay and O'Dell) A bill to amend Sections 44-53-440 and 44-53-445 relating to poisons and controlled substances so as to increase the penalties for violating this Section and provide for the imposition of mandatory minimum penalties for any violations Referred to Judiciary
S. 1110 (Senators Long and Hinds) A bill to amend by adding Section 61-5-185 so as to authorize the issuance of a temporary permit for a business establishment to sell alcoholic liquor in sealed containers of two ounces or less and other alcoholic beverages for the sole purpose of allowing the establishment to serve guests and their invitees who are attending a meeting or convention at the establishment or at a hotel or motel associated with it Referred to Judiciary, Favorable Report, Objects by J. Verne Smith, Drummond & Thomas
S.1130 SEE 1210 & 4573 (Senator Rose) A bill to amend by adding Section 16-23-495 so as to provide that a person convicted of a drug offense who had a firearm within his control during the commission of the offense shall have an additional penalty Referred to Judiciary
S. 1139 (Senators Rose and McGill) A bill to amend Section 17-22-50, relating to persons not to be considered for pretrial intervention, so as to provide that a person charged with an offense involving narcotic drugs, cocaine, including crack cocaine, marijuana, depressants, stimulants, or hallucinogenic drugs is not eligible for pretrial intervention; and to amend Section 17-22-120, relating to the agreement between the offender and solicitor so as to delete the reference to drug abusers Referred to Judiciary
S. 1187 (Senator Setzler and others) A bill to amend by amending Section 44-53-445 so as to provide for a one-mile drug-free zone around any public or private school, college, university or technical college in the State; to expand criminal sanctions to persons guilty of purchasing controlled substances in the drug-free zone; and to provide a mandatory minimum term of imprisonment of five years, no part of which may be suspended nor probation granted. Referred to Judiciary
S. 1199 (Senator Passailaigue) A bill to amend by adding Article 25 in Chapter 21 of Title 12, relating to stamp and business license taxes, so as to enact "The Marijuana and Controlled Substance Tax Act of 1990" and to provide a penalty. Referred to Finance
S. 1210 SEE 4573 & 1130 (Senator Setzler and others) A bill to amend Section 16-23-490, relating to an additional punishment for possession of a firearm or knife during the commission of a violent crime, so as to add drug-related offenses to those offenses for which the additional punishment may be given and to provide for an increased penalty if a machine gun or firearm with a silencer or muffler is utilized. Referred to Judiciary
S. 1211 SEE 4575 (Senator Setzler, McLeod, Patterson, JV Smith & others) A bill to amend by adding Section 16-9-355, so as to provide that certain actions regarding the intimidation of witnesses are unlawful, to provide penalties for violation, and to amend Section 16-1-10, relating to crimes classified as felonies, so as to add certain of the above offenses which are made felonies to this list. Referred to Judiciary
S. 1212 SEE 4572 (Senator Setzler, McLeod, Patterson, JV Smith & others) A bill to amend Chapter 53, Title 44, relating to poisons, drugs and other controlled substances by adding Section 44-53-476 so as to make it unlawful to be a "leader of a narcotics trafficking network", to provide penalties for violating, and to amend Section 16-1-10, relating to crimes classified as felonies, so as to add this offense which is a felony to this list. Referred to Judiciary
S. 1213 SEE 4574 (Senator Setzler, McLeod, Patterson, JV Smith & others) A bill to amend Chapter 53, Title 44, relating to poisons, drugs and other controlled substances by adding Section 44-53-577 so as to make it unlawful to employ or use persons under eighteen years of age in drug operations or to receive a controlled substance from persons under eighteen years of age, to provide penalties for violation, and to amend Section 16-1-10, relating to crimes classified as felonies, so as to add the above offenses which are made felonies to this list. Referred to Judiciary
S. 1214 SEE 4571 (Senator Setzler, McLeod, Patterson, JV Smith & others) A bill to amend Chapter 53, Title 44, relating to poisons, drugs, and other controlled substances by adding Section 44-53-475 so as to make the laundering of certain monetary instruments unlawful, and to provide criminal and civil penalties for violation; and to amend Section 16-1-10, relating to crimes classified as felonies, so as to add the above offenses which are made felonies to this list. Referred to Judiciary
S. 1376 (Senator Peeler) A bill to amend Section 44-53-360, relating to the prescription of controlled substances, so as to provide when a prescription may be issued and to provide when a controlled substance may be dispensed without a prescription Referred to Medical Affairs
S. 1436 (Senators Rose and Thomas) A bill to amend Title 8, relating to public offices and employees by adding Chapter 16 so as to provide for the South Carolina Workplace Drug Testing Act Referred to Judiciary
S. 1445 (Senator J. Verne Smith) A bill to amend Section 44-53-110, relating to definitions of narcotics and controlled substances, so as to define "crystallized methamphetamine (ICE)"; to amend Section 44-53-375, relating to the unlawful possession of crack cocaine, the unlawful manufacture, distribution, or possession with intent to distribute and penalties for violation, so as to include Ice Referred to Judiciary
S. 1458 (Senator Rose) A bill to amend Title 40, relating to professions and occupations, by adding Chapter 2 so as to enact the South Carolina Mandatory Suspension of Professional Licenses Act which requires the suspension for a period of two years of an license, certificate, registration or permit issued to a person convicted of a drug or controlled substances offense Referred to Judiciary
S. 1470 (Senator Rose) A bill to amend by adding Section 44-53-60 so as to provide for the reporting of prenatal exposure to controlled substances Referred to Medical Affairs
S. 1479 (Senator Martschink, Patterson, Setzler & others) A bill to amend Section 44-53-110, as amended, relating to definitions for purposes of the narcotics and controlled substances laws, so as to provide a definition for the terms "ICE" and "CRANK"; to amend Section 44-53-375, relating to the possession, distribution and manufacture of crack cocaine and penalties to include references to "ICE" and "CRANK" Referred to Judiciary
S. 1488 SEE 4852 (Senator Mullinax, J. Verne Smith, Setzler and others) A bill to enact the "Safe Schools Act of 1990" to amend Section 16-23-430 relating to the crime of carrying weapons on school property, so as to increase the penalties; to amend Section 44-53-445, as amended, relating to the distribution of a controlled substance within a certain proximity of a school, so as to provide for a mandatory fine and imprisonment Referred to Education
S. 1495 (Senator Rose) A bill to amend by adding Chapter 60, so as to enact the South Carolina Drug Impaired Infants Act, which provides procedures for the drug testing of a newborn child under certain conditions, and provides that a newborn child testing positive for these substances under these conditions is considered neglected for purposes of family court jurisdiction. Referred to Medical Affairs
S. 1509 (Senator Wilson & Stilwell) A bill to amend by adding Section 61-1-100 so as to require holders of mini-bottle licenses and on-premises beer and wine permits to have adequate liability insurance, to require proof of this insurance to be submitted to the ABC Commission with the application for the license or permit Referred to Finance, Recalled and Referred to Judiciary
S. 1527 (Senator Martschink, Setzler & others) A bill to amend by adding Section 44-53-70 so as to establish a Drug Cabinet and provide for its duties and members Referred to Medical Affairs
S. 1530 (Judiciary Committee) A bill to enact "The Omnibus Drug Offenses Act of 1990" Without reference, Rec'd 2nd, Amended, Object by Hinds, Rec'd 3rd, Sent to the House, Referred to Judiciary
S. 1586 (Senator Land) A bill to amend by adding Section 41-1-85 so as to prohibit personnel action against an employee for the use of tobacco products. Referred to LCI
H.3002 (G.A. Brown) A House Resolution to adopt a new rule to ban the serving of alcoholic beverages at a reception or dinner whose primary purpose is to entertain or honor the members of the General Assembly Referred to Committee on Rules
H.3010 (RW Hayes) A Bill to amend by adding Sections 50-21-112 through 50-21-116 so as to establish the offense of boating under the influence Referred to House Judiciary, Favorable with amendment, Objects Gregory, McLeod, Blanding
H.3050 (Kirsh) A Bill to amend Sects. 2-3-30, 2-3-60, 2-3-100, 2-3-170, 10-1-40, 51-1-75, 59-20-50, as amended, 59-63-720, and 59-65-210 relating to...Referred to House Ways and Means
H.3069 (Rep Kirsh) Tax rates on tobacco products Referred to Ways and Means
H.3075 (J.H. Hodges) A Bill to amend Section 56-5-2950, relating to implied consent to a chemical test to determine the alcoholic content of blood and the procedure related to it, so as to add provisions establishing a chain of custody or control of evidence in a criminal prosecution under the provisions of this Section or of Sects. 56-5-2930 and 56-5-2945 Referred to House Judiciary Fav. report, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary
H.3154 (Huff and Wilkins) SEE 351 A Bill to amend Chapter 1, Title 56, relating to the motor vehicle driver's license, by adding Article 11 so as to require the SCDHPT to suspend the driver's license of persons convicted of violating the provisions of Sect. 61-9-50, giving false information as to age to purchase beer or wine, Sect. 61-9-60, buying beer or wine on licensed premises to give it to a person who cannot lawfully consume it on the premises, Sect. 61-9-61, transferring or giving beer or wine to a person under age 21, Sect. 20-7-370, under age possession of beer or wine, and Sect. 20-7-380, under age possession of alcoholic liquors, to provide that the suspension is for a period of 90 days for a first offense, 6 months for a second offense, and one year for a third or subsequent offense, to provide that a violation of any of the enumerated offenses within ten years following conviction of any of the other enumerated offenses is considered a prior offense, and to amend the 1976 Code by adding Sect. 61-13-837 so as to require convictions of the enumerated offenses to be reported to the SCDHPT Referred to House Judiciary, Favorable with amendment, Objections Felder, Faber, McBride, Blanding and Cole
H.3180 (P.Harris) SEE S.127 Patients' Rights. Referred to Judiciary
H.3286 (Hodges) SEE S.281 Amend Chapter 53, Title 44 by adding Article 14 to provide for the definition of "Anabolic Steroid" Referred to House 3M. Favorable with amendment. Amended and interrupted debate Rec'd 2nd and 3rd and sent to the Senate Referred to Medical Affairs
H.3332 (Rep. Wofford, Fair & others) Relating to definition of violent crime, so as to include additional crimes Referred to Judiciary. Fav. with amendment Rec'd 2nd & 3rd. Sent to Senate and ref. to Jud. Fav. report with amendment. Sens. Long & Fielding desire to be present
H.3364 (Short, Burch, Cole, Nettles, R.Brown, Gentry, Tucker, Keesley, Hodges & Wilder) A Bill to amend by adding Sect. 56-5-2951 Videotape of conduct Referred to Judiciary
H.3379 (Limehouse & Wofford) A Bill to amend 22-3-550, relating to Magistrate's Criminal Jurisdiction, so as to increase the jurisdiction to include offenses subject to a fine or forfeiture not exceeding $1,000 instead of $200 and subject to imprisonment not exceeding 45 instead of 30 days and Sect. 44-53-370, as amended, relating to the penalties for certain drug offenses, Sect. 56-5-2940, as amended, relating to penalties for DUI of alcohol and drugs and Sect. 56-5-2945, as amended, relating to the penalties for injuring or killing a person while driving under the influence of alcohol and drugs, so as to provide for $500 to be added to a fine imposed under these sections and provide for the use of the additional fine Referred to Judiciary
H.3416 (Faber & McBride) A Bill to provide for a community-based therapeutic center in each Judicial Circuit Referred to 3M
H.3444 (Hearn, Hayes, Fair) A Concurrent Resolution to request SCCADA to conduct special study to determine the program effectiveness of ADSAP Referred to Committee on Invitations and Memorial Resolutions. Fav. report. House adopted and sent to Senate Referred to Medical Affairs
H.3446 (Hearn, Hayes, Fair) A Bill to amend 56-1-1320 relating to a person convicted of a 1st offense DUI violation being allowed to obtain a Provisional Driver's License upon completion of an Alcohol and Drug Safety Action Program, so as to provide that the documentation from this program necessary for the person to obtain a PDL must not be forwarded to the DHPT until 60 days after his conviction Referred to Ed & Public Works
H.3490 (Hearn, Hayes, Fair and Wells) A Bill to amend by adding 56-1-745 so as to provide for the suspension or delay of the issuance of a driver's license to a person under the age of 21 convicted of violating certain crimes relating to unlawful purchase, consumption, or possession of beer, wine or alcoholic liquor Referred to Ed. & Public Works
H.3592 (MD Burris, Rama & P.Harris) To enact "Zero Tolerance Student Drug Abuse Act of 1989" by adding Section 59-101-196 Referred to Education & PW
H.3605 (Huff) Amend 17-7-80 ...relating to duties of a coroner concerning motor vehicle, swimming or boating accident deaths Referred to 3M, Favorable Report w/ amendment, Objects by Gregory, McLeod, Blanding and Felder
H.3626 (Rep. Wilkins) Amend 24-3-30 relating to designation of places of confinement by the Board of Corrections, so as to limit weekend sentencing to those persons sentenced under the provisions of Sect. 56-1-460 and 56-5-2930 for violations of Driving under Cancellation, Suspension, or Revocation of License for DUI of drugs or alcohol Referred to 3M, Fav w/amend. Objections by Kirsh, McAbee, Amended, rec'd 2nd, 3rd, Sent to Senate, Referred to Corrections & Penology, Favorable Report, Recommitted, Favorable Report, Rec'd 2nd
H.3631 (Reps. Fair, Hayes, Hearn) Amend by addition of 56-1-735 so as to provide for the suspension and delay of the issuance of a driver's license of a person at least 13 and under 21 convicted of DUI and define DUI Referred to Judiciary
H.3652 (Reps. Beasley & others) Highway Package Referred to Judiciary
H. 3669 (Rep. Huff) A bill to amend by adding Section 59-67-35 so as to require specific standards and specifications for all buses used for the transportation of school children; by adding Section 59-67-145 so as to require school bus drivers to wear safety belts while operating a school bus; and by adding Section 59-67-155 so as to require the State Board of Education to implement a program for alcohol and drug testing; to amend Section 59-67-470, relating to selection, eligibility, training and certification of bus drivers, so as to require certificates to be renewed every two years instead of three and to require drivers to complete an annual refresher course to maintain their certification Referred to Education and Public Works
H.3678 (Hayes, Fair, Hearn & Kirsh) Amend 56-1-460 to increase penalties for DUI'S and extend period for computing prior violations Referred to Judiciary.
H.3679 (Hayes, Fair & Hearn) Amend by adding 56-5-2952 so as to make it unlawful for persons under the age of 21 to operate a motor vehicle with a BAC of .02 Referred to Education & Public Works
H.3715 (McAbee) Amend 56-1-1320 relating to Provisional Drivers' License, so as to provide that they may be issued to persons whose drivers' license have expired during a suspension period Referred to Ed. & Public Works
H.3721 (Fair & Hayes) Amend 56-5-1210 relating to unlawfully leaving the scene of a motor vehicle accident Referred to Judiciary
H.3732 (Fair & Hayes) Amend by adding Sect. 12-21-1045 so as to provide for a twenty-seven & eight-tenths percent surtax on beer and wine taxes and for its distribution Referred to Ways and Means
H.3780 (Rep. Corbett & others) Amend 56-1-510 relating to unlawful use of and fraudulent applications for a motor vehicle driver's license or personal ID card, so as to make it unlawful for a person knowingly to allow his personal ID documents to be used by another for the purpose of fraudulently obtaining a driver's license or personal ID card Referred to Education and Public Works, Favorable with amendment, Received 2nd and amended, Received 3rd and sent to Senate, Referred to Transportation
H.3797 (Tucker, Fair, Chamblee, Klapman & others) To amend Sect. 44-53-480, relating to the enforcement of laws pertaining to illicit traffic in controlled and counterfeit substances, so as to provide for uniform procedures for forfeited substances and property to be used by law enforcement officers of the State and its political subdivisions Referred to H. Judiciary. Fav. report Rec'd 2nd & 3rd, sent to Senate and Referred to Judiciary
H.3822 (Hodges, Boan, Fair & Haskins) Amend by adding 12-21-2723 to provide for susp. of permit or license issued by ABC Com Referred to Judiciary
H.3848 (Ed & Public Works) Highway Package. Without reference. Referred to Judiciary on motion by Rep. Beasley retaining its place on the calendar. Committee Report Favorable with amendments, Objects by J. Brown, Taylor, Fant, Blanding & Kirsh
H.3894 (Rep. Wright)Amend by adding 44-17-565. Inv./Comm. Hearings Referred to 3M
H.3944 (Burriss & Cork) Amend 61-9-90 relating to sale of beer & wine, so as to provide for such sales at sporting events of nonprofit entities upon consent of their respective governing bodies Referred to LCI, Favorable w/ amendment, Objects by Fair, Kirsh & Hayes
H.3947 (Rudnick & others) Amend 56-1-365 relating to procedure for surrender of a dr. lic. so as to extend time Mag. or Clerk of Court has to forward to Hwy. Dept Referred to Judiciary
H. 3949 (Fant, Barfield, Davenport & Fair) Mandatory testing of school teachers Referred to Ed & PW
H.3951 (Hayes & Fair) Amend 56-5-2945 - Felony DUI - 1st & 2nd degree Referred to Judiciary
H. 3963 (Hayes and others) SEE S.716 Amend 24-21-940, relating to the definition of "Pardon", so as to provide that a pardon of a conviction does not preclude the conviction record from being considered as a prior offense under a statute increasing the penalty for a subsequent offense Referred to 3M, Favorable Report, Received 2nd & 3rd, Sent to Senate, Referred to Corrections and Penology
H.3998 (T.Rogers, Fair & others) Amend by adding Article 7 to Chapter 3, Title 23 so as to enact the SC Contraband Forfeiture Act of 1989 Referred to Judiciary
H.4111 (Rep. Davenport) Amend by adding Sect. 16-17-760 so as to prohibit the sale and use of cigarette or tobacco paper Referred to LCI
H.4133 (Rep. Sharpe) Amend 56-5-2940 relating to the penalty for DUI of A/D, so as to provide that the presiding judge when setting the minimum imprisonment terms or public service periods in increments may allow the defendant to serve these terms or periods only on weekday nights and not weekends Referred to Judiciary
H. 4196 (Hodges) A bill to amend Section 44-53-1530 (4) relating to penalties for possessing anabolic steroids without a prescription, so as to make a technical correction Referred to 3M
H. 4298 (Rep. Davenport) A bill to establish the Drug Elimination Commission and provide for its powers, duties and functions Referred to 3 M Committee
H. 4352 (Rep. Rama, Klapman & others) A bill to amend the code of laws by adding Section 59-23-200 so as to provide that alcoholic beverages are not permitted on public school property or in public school facilities whether or not the property or facility is used for school purposes and to provide for the Section to apply to property and facilities used for kindergarten through grade twelve Referred to Education and Public Works
H. 4393 (Reps. Sheheen and Wilkins) A bill to amend Section 44-53-370, as amended, relating to the penalties for violating the controlled substance laws, so as to provide that the offense of possession with the intent to distribute is a lesser included offense to the offenses included in Subsection (e) Referred to Judiciary, Favorable w/ amendments, Rec'd 2nd, Rec'd 3rd and Sent to the Senate, Referred to Judiciary
H. 4419 (SEE 1074) (Reps. Clyborne, Farr, Keegan, Mattos, Baker, Gordon & Corbett) A bill to amend by adding Section 44-53-405 so as to provide for the suspension of the driver's license of a person upon conviction, entry of a plea of guilty or nolo contendere, or forfeiture of bail, for a second or subsequent offense of selling or attempting to possess certain drugs Referred to Judiciary, Favorable w/ amendments, Amended and rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary
H. 4426 (Reps. Neilson, J. Harris, Davenport and Wells) A bill to amend Title 8 relating to public offices and employees by adding Chapter 14 so as to establish uniform standards for pre-employment and employment drug testing of state employees, to require this drug testing under certain conditions and to provide procedures for the confidentiality, reliability, and fairness of this drug testing Referred to LCI
H. 4436 (Rep. Baker, Chamblee & others) A bill to amend Section 44-53-520, relating to the forfeiture of property used or connected with the illegal use of a narcotic or controlled substance, so as to authorize the forfeiture of a motor vehicle which is used to facilitate any transaction to purchase or sell controlled substances and their compounds and delete provisions authorizing the forfeiture if the vehicle contained a certain amount of these narcotics or controlled substances and references that the quantities referred to in this section refer to controlled substances or any combinations of them Referred to Judiciary, Favorable w/ amendment, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary
H. 4447 (Reps. McBride, Faber and J. Brown) A bill to amend by adding Article 6 of Chapter 53, Title 44 so as to provide for the sale of cigarette paper and to provide a penalty Referred to Judiciary
H. 4485 (Reps. Wilkins and Nettles) A bill to amend Section 44-53-375, relating to prohibition of possession, distribution, and manufacture of crack cocaine and penalties, so as to provide that the definition of a second or subsequent offense includes marijuana, depressant, stimulant or hallucinogenic drugs Referred to Judiciary, Favorable, Rec'd 2nd, Rec'd 3rd and Sent to the Senate, Referred to Judiciary
H. 4529 (Rep. Fair) A bill to amend by adding Section 61-9-311 so as to provide that a person licensed to sell beer and wine at retail for off-premises consumption may only sell unrefrigerated beer and wine Referred to LCI
H. 4539 (Rep. J. Bailey) A bill to amend Section 61-13-350, relating to unlawful drinking on the premises of certain alcoholic liquor establishments, so as to provide a penalty for violation Referred to Judiciary
H. 4571 SEE 1214 (Rep. Hayes, Chamblee, Fair, Klapman & others) A bill to amend Chapter 53, Title 44, relating to poisons, drugs, and other controlled substances by adding Section 44-53-475 so as to make the laundering of certain monetary instruments unlawful, and to provide criminal and civil penalties for violation; and to amend Section 16-1-10, relating to crimes classified as felonies, so as to add the above offenses which are made felonies to this list. Referred to Judiciary, Favorable w/ amendment, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary
H. 4572 SEE 1212 (Rep Hayes, Chamblee, Fair, Klapman & others) A bill to amend Chapter 53, Title 44, relating to poisons, drugs and other controlled substances by adding Section 44-53-476 so as to make it unlawful to be a "leader of a narcotics trafficking network", to provide penalties for violating, and to amend Section 16-1-10, relating to crimes classified as felonies, so as to add this offense which is a felony to this list. Referred to Judiciary, Favorable w/ amendment, Objects Glover & Faber, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary
H. 4573 SEE 1210 & 1130 (Reps. Hayes and Huff) A bill to amend Section 16-23-490, relating to an additional punishment for possession of a firearm or knife during the commission of a violent crime, so as to add drug-related offenses to those offenses for which the additional punishment may be given and to provide for an increased penalty if a machine gun or firearm with a silencer or muffler is utilized. Referred to Judiciary, Favorable w/ amendment, Rec'd 2nd, Rec'd 3rd, Sent to the Senate, Referred to Judiciary
H. 4574 SEE 1213 (Rep Hayes, Chamblee, Fair, Klapman & others) A bill to amend Chapter 53, Title 44, relating to poisons, drugs and other controlled substances by adding Section 44-53-577 so as to make it unlawful to employ or use persons under 18 years of age in drug operations or to receive a controlled substance from persons under 18 years of age, to provide penalties for violation, and to amend Section 16-1-10, relating to crimes classified as felonies, so as to add the above offenses which are made felonies to this list. Referred to Judiciary, Favorable w/ amendment, Rec'd 2nd. Rec'd 3rd, Sent to Senate, Referred to Judiciary
H. 4575 SEE 1211 (Rep Hayes, Chamblee, Fair, Klapman & others) A bill to amend by adding Section 16-9-355, so as to provide that certain actions regarding the intimidation of witnesses are unlawful, to provide penalties for violation, and to amend Section 16-1-10, relating to crimes classified as felonies, so as to add certain of the above offenses which are made felonies to this list. Referred to Judiciary, Favorable w/amendment, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary
H. 4593 (Rep. Davenport) A bill to amend Section 61-9-320, relating to qualifications for permits to sell beer or wine, so as to provide that permits may not be issued for a location within three hundred feet of a church, school, or playground within a municipality or within five hundred feet of such facilities outside a municipality. Referred to LCI
H. 4624 SEE 981 (Rep. Rama & others) A bill to amend Title 44 relating to health, by adding Chapter 107 so as to enact the Drug-Free Workplace Act. Referred to LCI
H. 4635 (Reps. Tucker, Carnell and McAbee) A bill to amend Section 16-23-10, relating to definitions of the offenses involving weapons, so as to include in the definition of "Crime of Violence" all offenses described in Article 3, Chapter 53 of Title 44. Referred to Judiciary
H. 4643 (Reps. Haskins, Simpson, Klapman and Corning) A bill to amend by adding Section 61-9-160 so as to make it unlawful for a business establishment selling gasoline or other motor fuels which possesses a permit to sell beer and wine, to make it unlawful for such establishments to sell refrigerated or chilled beer and wine, to make it unlawful for such establishments to sell fewer than six separate containers of beer to one customer, and to provide a penalty for violations. Referred to LCI
H. 4649 (Rep. Kirsh) A bill to amend Section 61-1-30 relating to restricted employment and activities of members of the ABC Commission, so as to provide that no member may hold any other position of trust or profit and require that a member shall devote his entire time to the duties of the office; and provide that the amendment to this section applies to commissioners appointed after July 1, 1990. Referred to LCI
H. 4661 SEE 1112 (Reps. Nettles, Keesley, Cole & Tucker) A bill to amend by adding Section 20-7-2215 so as to provide for crimes involving the furnishing of contraband to and possessing of contraband by a juvenile committed to the custody of the Dept. of Youth Services, define juvenile and contraband, and provide penalties; and to amend Section 16-1-10, as amended, relating to crimes classified as felonies, so as to include the felony offense provided for in this act. Referred to Judiciary, Favorable w/ amendment, amended and rec'd 2nd, rec'd 3rd, Sent to Senate, Referred to Judiciary
H. 4667 (Rep. P. Harris) A bill to make it unlawful to lick or kiss a cane toad, and to provide for a penalty of thirty days' community service at the Aquarium/Reptile Complex at Riverbanks Zoo in Columbia Referred to Judiciary
H. 4717 (Rep. Elliott) A bill to amend Section 61-1-95 relating to licenses and permits issued by the ABC Commission and a provision which stipulates that when a license or permit is suspended or revoked, no person with a financial interest in the business or premises and no person within the third degree of kinship of the person holding the license may be issued a license for the premises concerned. Referred to Judiciary
H. 4803 (Rep. J.C. Johnson and others) A bill to amend by adding Section 59-63-290, so as to provide that school officials shall report to the proper law enforcement agency conduct of students involving weapons and controlled substances Referred to Education and Public Works
H. 4819 (Reps. J.C. Johnson and Carnell) A bill to amend Section 56-5-2940, relating to penalties for DUI, so as to provide that a violation of a law or ordinance in another state for operating a motor vehicle under the influence pursuant to Section 56-1-650 constitutes a prior offense for purposes of this section. Referred to Judiciary
H. 4834 (Rep. J.C. Johnson) A bill to amend by adding Section 44-53-587 so as to provide that when an item of property is seized as a result of its use in a drug offense is returned to an innocent owner, and item of equal value owned by the person charged with the crime which resulted in seizure must be forfeited to the State under certain conditions. Referred to Judiciary
H. 4835 (Rep. J.C. Johnson) A bill to amend Section 44-53-586 relating to the return to innocent owners of items which are seized and are subject to forfeiture to the State because they were used in certain drug offenses, so as to provide that a rental agency is not considered an innocent owner if they knew the person renting had a prior drug conviction Referred to Judiciary
H. 4960 (Rep. Neilson and others) A bill to amend Title 8 relating to public offices and employees by adding Chapter 16 so as to authorize certain drug and alcohol testing of prospective state employees. Referred to LCI, Favorable w/ amendment, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary
H. 5013 (Reps. Wilkins, Huff, J. W. Johnson & Clyborne) A bill to amend Title 8, by adding Chapter 18 so as to provide for the mandatory suspension with pay of public employees charged with a controlled substance violation and the dismissal of a public employee upon conviction of a controlled substance violation Referred to 3M
H. 5033 (Rep. Fair) A House resolution to request that the Department of Education, in cooperation with the Commission on Alcohol and Drug Abuse, identify whether a directive or nondirective method is used in alcohol and drug education in the public schools of this State and evaluate the efficacy of both methods Referred to Invitations and Memorial Resolutions
H. 5038 (Rep. Elliott) A bill to amend Section 61-5-180, relating to the issuance of a temporary permit for the possession, sale, or consumption of alcoholic beverages in sealed containers, so as to reduce the fee for establishments located in certain municipalities Referred to LCI
H. 5126 SEE 1586 (Rep. Rhoad) A bill to amend by adding Section 41-1-85 so as to prohibit personnel action against an employee for the use of tobacco products. Referred to 3M
S.130 (Bryan, Peeler & Hayes) SEE H.3135 Amend 44-52-110 relating to Emergency Commitment Referred to Judiciary, Favorable report, Rec'd 2nd and 3rd, To House, Referred to 3M, Recalled, Rec'd 2nd, 3rd, Enrolled, R22 ACT 15
S.185 (Sen. Williams) SEE H.3151 A Bill to amend by adding Sect. 14-7-1615 ...and further provide for the disclosure of indictment returns Referred to Judiciary, Favorable report, Rec'd 2nd and 3rd, Sent to House, Placed on calendar without reference. Amended, rec'd 2nd and 3rd, returned to Senate with amendment. Senate concurred. Enrolled, R5. Act #2
S.246 (Judiciary Committee) A Joint Resolution proposing an amendment to Sect. 22, Art. V of the Constitution of SC, 1895, relating to Grand Juries, Petit Juries, and the State Grand Jury and to Sect. ll, Art. l of the Constitution relating to indictments by County Grand Juries and State Grand Juries so as to restrict the jurisdiction of the State Grand Jury to crimes involving narcotics, dangerous drugs, or controlled substances and crimes involving obscenity or any attempt, solicitation, or conspiracy to commit any of these crimes if the crimes are of a multi-county nature or have transpired, are transpiring, or have significance in more than one county of this State. Placed on Calendar without reference, rec'd 2nd, Rec'd 3rd, Sent to the House Referred to Judiciary, Favorable, Rec'd 2nd.& 3rd, ENROLLED (R40) ACT 203
S.280 (JV Smith) SEE H.3485 A Bill to amend by adding 44-53-583, so as to provide for reimbursement up to $1,000 to Crimestoppers, Inc. for money provided for information that leads to the arrest of individuals and subsequent confiscation and forfeiture or monies in narcotics investigations Referred to Judiciary. Fav. w/ amendment. Amended, Rec'd 2nd, Rec'd 3rd and sent to House Referred to Judiciary, Favorable report, rec'd 2nd & 3rd, enrolled, (R117) Signed by Governor 5-10-89. ACT #71
S.281 (Giese, Thomas, Bryan, Lourie, Lindsay & Passailaigue) SEE H.3286 Amend Chap. 53, Title 44, by adding Article 14 so as to provide for the definition of "Anabolic Steroid" Referred to Medical Affairs, Favorable report, rec'd 2nd, 3rd and sent to the House. Referred to 3M. Fav. with amendments. Amended, rec'd 2nd,3rd & returned to Sen. with amendment. Sen. concurred. Enrolled. (R177), Signed by the Governor 5-30-89 ACT 115
S.680 (Rose) Concurrent Resolution to congratulate Dorchester Co. A/D Comm for being named "Outstanding Program of the Year for 1988...Sen. intro & adopted. Sent to House. House adopted and returned to the Senate
S.703 (Mitchell, McLeod, Patterson, Setzler, JV Smith & others) Con. Res. memorializing President to declare war on illicit drug trafficking. Adopted, Sent to House, Referred to Invitations, Fav. report, Adopted & sent to Senate
S.938 (Sens. Bryan, Hayes, Peeler, Fielding & Giese) A bill to amend by adding Section 44-52-165 so as to provide for offenses involving the use of alcoholic beverages, controlled substances, firearms and dangerous weapons by a patient receiving inpatient services Referred to Judiciary, Favorable with amendments, Rec'd 2nd & 3rd, Sent to House, Referred to Judiciary, Favorable Report, Rec'd 2nd, Rec'd 3rd, Enrolled, R436, Signed 4-3-90
S. 981 SEE 4624 (Senators Rose and Wilson) A bill to amend Title 44, relating to health, by adding Chapter 107 so as to enact The Drug-Free Workplace Act Referred to Medical Affairs, Favorable w/ amendments, Rec'd 2nd, Rec'd 3rd, Sent to House, Referred to 3M, Favorable w/ amendment, Rec'd 2nd, Rec'd 3rd, Returned to Senate w/ amendments, Enrolled, R 733, Act 593
S. 1112 SEE 4661 (Senators Rose and Wilson) A bill to amend Subarticle 17 of Chapter 7 of Title 20 so as to define contraband, and to provide that it is unlawful to possess contraband or furnish contraband to a juvenile committed to the Department of Youth Services, and to establish criminal penalties for violations Referred to Judiciary, Favorable w/ amendments, Amended and rec'd 2nd, Rec'd 3rd and sent to House, Referred to Judiciary, Favorable Report, Rec'd 2nd, Rec'd 3rd, Enrolled, (R496), Signed by Governor, ACT 425
S. 1534 (Senators McGill and Moore) A Senate resolution to designate September 3, 1990, as "Just Say No to Drugs Day" in South Carolina and to encourage all youth and their parents to stand together and promise to labor together to remain "drug free" Adopted
S. 1535 (Senators McGill and Moore) A concurrent resolution to designate September 3, 1990, as "Just Say No to Drugs Day" in South Carolina and to encourage all youth and their parents to stand together and promise to labor together to remain "drug free" Adopted and sent to House, House concurred and returned to Senate
H.3028 (JV Gregory) A bill to amend Sect. 56-1-1090, relating to nonissuance of license and restriction of driving privileges to habitual offenders, so as to provide that no petition or court order is required for the restoration of driving privileges after the expiration of the five-year waiting period and all financial responsibility requirements have been fulfilled Referred to Ed and Public Works. Fav. Report, Rec'd 2nd, debate adjourned until 2-7-89, Rec'd 3rd and sent to Senate, Referred to Transportation, Favorable Report, Rec'd 2nd, Amended, Rec'd 3rd, Returned to House w/amendments, Non-Concurrence with Senate Amendments, Senate Conference Committee - Leatherman, Lee, Holland, House Conference Committee - Gregory, Altman, Clyborne, Senate Granted Free Conference Power, House Granted Free Conference Power, House Adopted Free Conference Report, Senate Adopted Free Conference Report, Enrolled, R743, Signed by the Governor, ACT 602
H.3111 (Sheheen & Wilkins) SEE S.20 A Bill to ratify an amendment to Sect. 22, Article V of the Constitution of S.C., 1895, relating to Grand and Petit Juries, so as to authorize the General Assembly to establish a State Grand Jury by General Law; and to ratify an amendment to Section 11, Article 1 of the Constitution, relating to the requirement that no person may be held to answer for any crime where the punishment exceeds a fine of two hundred dollars or imprisonment for 30 days, unless on a presentment or indictment of a Grand Jury of the county where the crime has been committed, with certain exceptions, so as to provide that nothing contained in the constitution is deemed to limit or prohibit the establishment by the General Assembly of a State Grand Jury with the authority to return indictments and with that other authority, including procedure, as the General Assembly may provide. Placed on calendar without reference, Rec'd 2nd and 3rd, Sent to Senate, Referred to Judiciary, Fav. Report, Rec'd 2nd & 3rd, R9, ACT #5
H.3136 (P.Harris, J.Harris & Carnell) SEE S.129 A Bill to amend Sect. 44-52-60, Code of Laws of SC, 1976, relating to Emergency Commitment to Alcohol and Drug Facilities, so as to provide for an examination of reports to the Court of findings and for the detention or release of the person by the Court Referred to House Judiciary. Favorable with amendment, amended and rec'd 2nd, & 3rd and sent to Senate. Senate referred to Judiciary. Favorable report with amendment...Rec'd 2nd and ordered to 3rd with notice. Sen. Moore desires to be present...Rec'd 3rd and returned to the House with amendment. House concurred in Senate amendment. Ordered Enrolled. (R66) ACT #38
H.3160 (Gregory, Fair and Short) A bill to amend Sect. 56-1-360, Code of Laws of SC, 1976, relating to notices by the DHPT so as to provide that a notice concerning a person's driver's license must be mailed to the person's address contained in the driver's license records of the Department Referred to House Ed. and Public Works,Favorable report...Rec'd 2nd and 3rd and sent to Senate Referred to Transportation. Fav. report, rec'd 2nd & 3rd and enrolled. (R258) Signed by the Governor 6-8-89, ACT 169
H.3552 (Rep. Huff & others) Amend 8-21-310 relating to fees paid to Clerks of Court, to increase certain fees Referred to Judiciary. Fav. with amendment. Amended, rec'd 2nd, rec'd 3rd and sent to Senate Referred to Judiciary, Received Favorable Report, Rec'd 2nd, Rec'd 3rd, Enrolled, R 652, Signed by the Governor, ACT 531
H.3932 (Rep. Altman) Amend Chapter 1, Title 56 by adding Art. 13 so as to enact the SC Commercial Dr. Lic. Act Referred to Ed & PW. Favorable with amendment. Amended, rec'd 2nd, 3rd and sent to Sen Referred to Transportation Fav. obj by Sen Holland...Rec'd 2nd & ordered to 3rd...Rec'd 3rd & ordered enrolled. (R230) Signed by the Governor 6-8-89 ACT 151
H.4099 (Rep. Washington & others) Drug Awareness Day. Agreed to and sent to Senate. Adopted and returned to House
H.4103 (Rep. Wright) Concurrent Resolution - Just Say No. House adopted. Senate adopted and returned to House
H. 4235 (Reps. P. Harris, J. Harris, Mattos and Carnell) A bill to repeal Section 44-9-130, relating to the use of a tax on alcoholic liquors for alcohol and drug addict treatment facilities, Section 44-9-140, relating to the exemption for certain facilities from the department of mental health code provisions, Section 44-9-150, relating to the inapplicability of the department of mental health code provisions to a licensed general hospital, Section 44-11-50, relating to state training schools for mental health, Section 44-11-100, relating to financial benefits for an officer or employee of the Department of Mental Health or a mental health facility from a contract or purchase by a facility, Article 3, Chapter 15, Title 44, relating to the Coastal Empire Mental Health Board, Article 5, Chapter 15, Title 44, relating to the Mental Health Center for Darlington and Florence Counties, Section 44-17-830, relating to the discharge and rights of a person discharged by the Department of Mental Health, and article 7, Chapter 23, Title 44, relating to the hospitalization of a person acquitted by a jury on the ground of insanity Referred to 3M Received Favorable Report, Received 2nd reading, Received 3rd and sent to Senate, On calendar w/o reference, Received 2nd, Received 3rd and enrolled for ratification, (R 379), Signed by the Governor 2/28/90
H. 4360 (Rep. Hayes) A bill to amend Section 44-53-530, relating to forfeiture procedures and disposition of forfeited items and proceeds of sales of property forfeited under the provisions of Section 44-53-520 (forfeiture of property relating to the illegal use of narcotics and controlled substances) Referred to Judiciary, Favorable Report, Rec'd 2nd, Rec'd 3rd and Sent to the Senate, Referred to Judiciary, Favorable w/ amendment, Rec'd 2nd, Rec'd 3rd, Returned to House, Non-concurrence, House Conference Committee - Hayes, Nettles, Huff, Senate Conference Committee - Holland, Stilwell, Bryan, Senate Granted Free Conference Power, House Adopted Free Conference Report, Senate Adopted Free Conference Report, Enrolled, R745, Signed by the Governor, ACT 604
H. 4852 SEE 1488 (Rep. Wilkins, Fair & others) A bill to enact the "Safe Schools Act of 1990" To amend Section 16-23-430 relating to the crime of carrying weapons on school property, so as to increase the penalties; to amend Section 44-53-445, as amended relating to the distribution of a controlled substance within a certain proximity of a school, so as to provide for a mandatory fine and imprisonment Referred to Judiciary, Favorable w/ amendment, Rec'd 2nd, Rec'd 3rd, Sent to Senate, Referred to Judiciary, Favorable w/ amendment, Rec'd 2nd, Ordered to 3rd, Sent to Education - retaining its place on the calendar as Special Order, Recalled, Amended, Rec'd 3rd, Returned to House, House Concurs, Enrolled, R713, Signed by Governor, A579
S.157 (Sens. Shealy, HC Smith & Martschink) A Concurrent Resolution to Create a Committee to Study the Accumulated information concerning the use of electronic surveillance in connection with probation, work release, court-ordered release, and alternative sentencing regarding nonviolent crimes Referred to Corrections and Penology. Tabled
S.330 (Lourie & Leventis) A Bill to amend by adding Sect. 56-1-745 so as to provide for the suspension and delay of the issuance of a driver's license of a person convicted of violating certain crimes Referred to Transportation, Tabled in Committee
S.409 (Leventis, Lourie & Giese) A Bill to amend by adding Sect. 56-5-2995 so as to suspend the driver's license of a person under 21 until his 21st birthday who is convicted of DUI of alcohol or drugs or who is convicted of a narcotics or controlled substance offense and to make the suspension cumulative to others required by law; and to amend the 1976 Code by adding Sect. 44-53-670 so as to require clerks of court to report the conviction of any person under 21 years of age of narcotics and controlled substance violations to the SCDHPT Referred to Transportation, Tabled in Committee
H.3011 (RW Hayes) A Bill to amend Sec. 61-5-190 relating to regulation of retail beer, wine or alcoholic beverage locations by the ABC Commission, so as to provide that the Commission shall give full recognition to a lawful county or municipality zoning ordinance which prohibits the location of beer, wine, or alcoholic beverage establishments, in a specific area, if the Commission finds that the ordinance is reasonable and not arbitrary. Referred to Judiciary, Tabled in Committee
H.3055 (Kirsh, RW Hayes) A Bill to amend 56-5-2950, as amended, Code of Laws of SC, 1976, relating to the implied consent to a chemical test to determine the alcoholic content of the blood of a person who operates a motor vehicle upon the public roads of this State, so as to decrease the percentages of alcohol in a person's blood used to create presumptions which must be used in determining the guilt of persons violating the provisions of Sect. 56-5-2930; and to provide a transition period for the reduction of the percentage Referred to Judiciary, Tabled
H.3135 (P.Harris, J.Harris & Carnell) SEE S.130 A Bill to amend Sect. 44-52-110, as amended, Code of Laws of SC, 1976, relating to Emergency Commitment to Alcohol and Drug Abuse Facilities, so as to provide that the Court, upon request, may order a petitioner for the Emergency Commitment, if a family member, to cooperate with and participate in the treatment process Referred to House Judiciary. Favorable. Debate adjourned until 2-8-89 and 2-14-89. Debate adjourned until the end of the uncontested calendar. TABLED
H.3142 (Davenport) A Bill to amend the Code of Laws of SC, 1976, by adding Section 61-3-415 so as to provide that all powers in Chapter 3, Title 61, conferred upon the Alcoholic Beverage Control Commission regarding the issuance of licenses are devolved upon the governing body of each county and require that all licenses issued in a county must be issued by the governing body of that county Referred to Judiciary, Tabled in Committee
H.3151 (Sheheen & Wilkins) SEE S.185 A Bill to amend the Code of Laws of SC, 1976, by adding Sect. 14-7-1615 so as to define the term Attorney General or His Designee for purposes of the State Grand Jury of SC; by adding Sect. 14-7-1820 so as to give retroactive jurisdiction to the State Grand Jury; to amend Sect. 14-7-1630, relating to the jurisdiction and impaneling of the State Grand Jury, so as to clarify the duties of the Chief Administrative Judge; to amend Sect. 14-7-1660, relating to the selection of Grand Jurors, so as to provide that the Presiding Judge rather than the Clerk of the Grand Jury shall determine the qualifications of the Jurors; to amend sect. 14-7-1700, relating to records of the Grand Jury, so as to require the recording of Grand Jury proceedings exclusive of voting and deliberation and to clarify the access of defendants to review transcripts of Grand Jury proceedings; to amend Sect. 14-7-1720, relating to Grand Jury Secrecy, so as to extend the secrecy rules to governmental personnel and to provide for the release of records so that defendants may review transcripts of Grand Jury proceedings; to amend Sect. 14-7-1750, relating to indictments, so as to provide that the presiding judge shall return an indictment to the appropriate county by order; and to amend Sect. 14-7-1780, as amended, relating to space and funding for the Grand Jury, so as to provide that Grand Jury expenses must be paid from funds appropriated to the State Budget and Control Board Referred to Judiciary. Favorable with amendment. Adjourn debate until 1-31-89; 2-7-89. TABLED on 2-7-89
H.3285 (McGinnis, and others) A Bill to amend Sec. 61-3-440, Code of Laws of SC, 1976, relating to prohibition against liquor or beverage license being granted if a place of business is within certain distances of churches, schools or playgrounds, so as to provide that this prohibition also applies to the issuance of beer or wine permits, and to provide certain exceptions for current beer and wine permits or locations Referred to Judiciary Tabled in Committee
H.3335 (Baker & Davenport) A Bill to amend by adding Sect. 12-21-1035 so as to increase taxes on Beer, Sec. 12-21-1315 so as to increase taxes on wine and Sect. 12-33-245 so as to increase taxes on alcoholic liquors and Sect. 38-77-625 so as to provide that proceeds of these additional taxes must be used to offset current and future losses of the SC Reinsurance Facility, and to require the reduction of facility recoupment charges on a Pro Rata Basis for any year by an amount equal to what this Chief Ins. Commr. determines to have been rec'd from the above taxes during the previous year Referred to Ways and Means, Tabled in Committee 1-9-90
H.3382 (McBride & Faber) Amend 44-53-445 relating to distribution of controlled substance Referred to Judiciary. Tabled
H.3485 (Wilkins, Vaughn and Clyborne) SEE S.280 A Bill to amend by adding 44-53-583 so as to provide for reimbursement, up to $1,000 to Crimestoppers, Inc. for money provided for information that leads to the arrest of individuals and subsequent confiscation and forfeiture of monies in narcotics investigations Referred to Ways and Means Tabled in Committee 1-9-90
H.3564 (Reps. Short, Burch and Gregory) A Bill to amend by adding 61-5-175 so as to provide that any person or organization authorized to serve beer, wine, or alcoholic liquor from bottles larger than two ounces, to guests or invitees without the necessity of obtaining a license or permit from the ABC Commission is immune from liability resulting from a guest or invitee becoming intoxicated absent recklessness, and to provide that the person or organization is considered not to have acted in a reckless manner if bartenders employed or engaged by it to serve invitees or guest are instructed not to serve intoxicated individuals or persons under the legal drinking age Ref to Judiciary. Tabled
H.3630 (Reps. Fair, Hayes & Hearn) Amend by adding Sect. 61-13-297 so as to provide for additional penalties for unlawful sale of beer, wine or alcoholic liquors or beverages to a person under legal age Referred to Judiciary Tabled in Committee
H.3863 (Rep. Corning) Amend Title 61 by adding Chapter 10 relating to alcohol and alcoholic bev.,to provide for establishment, operation & lic. of Brewpubs, promulgation of regs, including fees & penalties Referred to LCI, Tabled in Committee
H.4004 (Rep. Fant & Others) Amend by adding Art. 3 to Chapter 1 of Title 23 so as to establish the SC Public Assistance Drug Act Referred to Ed & PW, Committee recommended referral to Judiciary, Tabled in Committee
H.4036 (Rep. Sharpe) SEE S.775 Referred to Ed & PW, Tabled in Committee
H. 4183 (T.C. Alexander) A bill to amend Section 20-7-1510, relating to the disposition of fines, forfeitures and other revenues, so as to provide that if an arrest for driving under the influence occurs in a municipality and the arrest results in a conviction for driving under the influence for a second offense, one-half of the amount due a county from the fine imposed must be distributed to the municipality where the arrest occurred Referred to Education and Public Works, Tabled in Committee
H. 4231 (Rep. Wofford) A bill to amend Section 16-1-60, relating to the definition of "violent crime", so as to include additional crimes Referred to Judiciary, Tabled in Committee
H. 4240 (P. Harris, J. Harris, Mattos and Carnell) SEE S. 938 A bill to amend by adding Section 44-52-165 so as to provide for offenses involving the use of alcoholic beverages, controlled substances, firearms, and dangerous weapons by a patient receiving inpatient services from the Division of Alcohol and Drug Addiction Services of the Department of Mental Health and to provide penalties; and to amend Section 16-1-10, as amended, relating to crimes classified as felonies, so as to include the felony offenses provided for in this act Referred to Judiciary, Tabled
H. 4995 (Rep. Fair) A House Resolution to request that the Department of Education, in cooperation with the Commission on Alcohol and Drug Abuse, identify whether a directive of nondirective method is used in alcohol and drug education in the public schools of this State and evaluate the ethicality of both methods. Referred to Invitations & Memorial Resolutions, Tabled
The Committee has continuously stayed abreast of the activities of those agencies deeply involved in the alcohol and drug problem. In the following pages is a short synopsis of the activities of these agencies as they reported to the Committee.
Alcohol and other drug abuse affects every community in South Carolina and creates a tremendous burden on our society each year. Not only does it adversely affect the health of South Carolinians, it also negatively impacts the social and economic conditions of the State. The magnitude of the problem is reflected by the most current estimate that more than 500,000 South Carolinians are suffering from alcohol and other drug-related problems or are at high risk of developing them.
Alcohol related arrests (DUI, alcohol law violations and public drunkenness) account for about 35 percent of all arrests made in South Carolina. Arrests for other drugs (cocaine, marijuana, etc.) account for another 7 percent of all arrests. Thus, alcohol and other drug arrests account for at least 42 percent of all arrests made in this State. A large percentage of the remaining arrests are for crimes committed while under the influence of alcohol and/or other drugs. Almost two-thirds of all burglaries and more than one-half of all murders and rapes are committed while under the influence of alcohol or other drugs.
According to self reporting surveys, almost 50 percent of the inmates in the South Carolina Department of Corrections system were under the influence of alcohol or other drugs when they committed their particular offense and almost 40 percent admit to having serious problems with alcohol or other drugs.
According to police officer judgments, about 35 percent of all fatal traffic accidents in South Carolina are due to alcohol or other drug use. Coroners' data suggest that the extent of alcohol or other drug involvement in traffic deaths may actually be as high as 77 percent.
During FY90, the South Carolina Commission on Alcohol and Drug Abuse (SCCADA) through its statewide system of county alcohol and drug abuse authorities maintained ongoing prevention, intervention and treatment programs to address these and other problems, and at the same time, looked for new ways to reach previously underserved populations. During the year, this system coordinated and/or conducted 8,766 different prevention activities impacting 506,254 individuals, a 20 percent increase since FY 89. In addition, it provided intervention and/or treatment services to 50,876 individuals, or approximately 1.5 percent of the state's total population.
Alcohol continued to be the number one drug of abuse in the State, accounting for more than 75 percent of these admissions. Of drugs other than alcohol, cocaine was the number one drug for which South Carolinians sought treatment. During the 1980's, admissions for treatment of alcohol-related problems have increased more than 40 percent. Admissions for treatment of cocaine problems have increased more than 4,000 percent during that same period while treatment admissions for other drugs (marijuana, sedatives, tranquilizers, stimulants, hallucinogens, etc.) have declined by as much as 70 percent.
The SCCADA continues negotiations with the State Health and Human Services Finance Commission to provide alcohol and other drug abuse rehabilitative services to Medicaid recipients as part of their medical benefits package. Implementation of this program to provide statewide coverage will be completed by January 1, 1991.
Several significant bills passed the Legislature this year addressing the problems of alcohol and other drug abuse in South Carolina. These included: "Safe Schools Act of 1990"; "Drug-Free Workplace Act"; "Clean Indoor Air Act"; the "Omnibus Crime Bill"; and H3028 requiring revocation of the driver's license for conviction of control substance possession and violations of various alcohol beverage control laws. These laws will have tremendous impact on the health and safety of all South Carolinians, but particularly among children, adolescents and young adults who are more at risk.
The SCCADA in cooperation with the State Department of Education conducted one of the nation's most comprehensive drug surveys of school-aged youth in grades 7-12 in the fall of 1989. Over 233,000 students in the state's 91 school districts participated in the survey. Results indicate alcohol is the most frequently used drug for all students surveyed. The survey will be shared with the General Assembly to assist legislators in making legislative and funding decisions in regard to alcohol and other drug abuse issues and programs.
During the upcoming year, the SCCADA will continue its role in shaping, influencing and supporting alcohol and other drug abuse legislation to promote health, safety and wellness within our society. Legislative initiatives scheduled to be introduced in the 109th General Assembly and supported by the agency include: lowering the BAC level for drivers; increasing penalties for boating under the influence; zero BAC for drivers under 21 years; implementing administrative per se license revocation; and increasing the user fee on beer and wine.
Although the state collects each year approximately $155 million in fees and taxes on alcoholic beverages, a portion of which goes to fund alcohol and other drug abuse prevention, intervention and treatment programs, the costs associated with alcohol abuse greatly outweigh the benefits derived from these revenues. For every $1 collected in tax revenues form alcohol sales in South Carolina, the state loses nearly $12 as a result of alcohol abuse. Further increasing the alcohol problem in South Carolina is the fact that taxes on alcohol have not kept in pace with inflation. This, in turn, means that the prices of beer, wine and distilled spirits have not kept pace with the price increases of goods and services in general, all of which make alcoholic beverages relative bargains. This is particularly significant when considering the fact that the price of a six-pack of certain brands of beer in South Carolina is less than the price of a six-pack of Coke. Increased fees on alcohol in South Carolina, with these rates indexed for inflation, will go a long way toward reducing the problems associated with alcohol abuse in the State.
While South Carolina has one of the best and most comprehensive state/community alcohol and other drug abuse service-delivery systems, it is among the poorer funded systems in the nation. South Carolina is below the 50-state average in state funding per capita and in state funding per client. North Carolina, for example, spends twice as much per alcohol or other drug abuse client as does South Carolina.
In an effort to meet the increased demands on its service delivery system, the SCCADA will use available resources to continue the emphasis on prevention, intervention and treatment programs designed to reduce both the supply of and the demand for alcohol and other drugs.
The South Carolina Alcoholic Beverage Control Commission continues to vigorously enforce the laws regulating the sale and consumption of beer, wine, and distilled spirits. During the fiscal year ending June 30, 1990, ABC agents wrote 778 administrative violations and issued 1,298 written warnings to licensed locations. For these violations, the Commission assessed $238,778 in penalties, suspended 63 licenses and permits, and revoked 42 licenses and permits.
ABC agents also arrested 4,466 people for violations of state law. 2,759 of these arrests were for underage persons in possession of beer, wine, or liquor.
The Commission also continues to stress education of those selling beer, wine, and distilled spirits as a means of reducing violations of the law. Training seminars for license holders were conducted all around the State, and were extremely well-received.
ABC agents continue to conduct investigations upon the request of local law enforcement when local officers suspect that alcohol was involved in an accident involving persons under twenty-one years of age. During calendar year 1989, thirty-four such investigations were conducted.
The Narcotics Department was formed in 1971 with the advent of legislation charging SLED with enforcement of laws pertaining to the illicit traffic in narcotics and dangerous drugs (Section 44-53-480, South Carolina Code of Laws). The department is given the responsibility for providing investigative assistance to local enforcement agencies and for initiating overt and covert investigations into major narcotic and dangerous drug traffickers operating interstate and intrastate.
The Narcotics Department maintains a close liaison with other state and federal agencies in coordinating investigations against illicit drug traffic and provides intelligence information to these agencies regarding such traffic activity.
There are 24 agents and a supervisor assigned to the department at this time.
On June 3, 1988, Governor Carroll Campbell announced the formulation of a Strike Force known as the Governor's RAID Team (Retaliation Against Illegal Drugs) made up of members from the South Carolina Highway Patrol, Alcoholic Beverage Control Commission, South Carolina Wildlife and Marine Resources and SLED. This gave a total of 60 personnel to combat the drug problem in the State.
The statistics relative to this unit will be included in these figures as that unit has been fully integrated into the operation of the Narcotics Department since its formulation.
During the Fiscal Year 1989-90, the Narcotics Department received and processed 516 requests for investigations from federal, state and local agencies. These requests for investigations generated 953 investigations by the section.
TOTAL VALUE OF DRUGS
PURCHASED OR SEIZED $ 71,942,570.00
CASH SEIZED 168,229.00
24 CONVEYANCES SEIZED
NOTE: Other real properties and monies seized through the State Grand Jury will be reported through them.
29,972 Marijuana Plants were seized in the 1989-90 Fiscal Year which resulted in 34 arrests.
Sale/Manufacturing July-Dec. 89 Jan.-Apr 90
Cocaine/Heroin/Opium 2399 1612
Marijuana 1005 578
Synthetic Narcotics 4 4
Other Drugs 98 61
POSSESSION July-Dec. 89 Jan.-Apr. 90
Cocaine/Heroin/Opium 1197 721
Marijuana 3485 2145
Synthetic Narcotics 3 3
Other Drugs 216 147
May and June totals not available at this time. The above figures are taken from reports submitted to the UCR program by participating police agencies throughout the state.
I During calendar year 1989, the state's community mental health centers served 5,096 individuals with alcohol and drug disorders. This number is approximately 8.5% of the total number of individuals served in mental health centers. Of these 5,096 individuals, 1,120, of twenty-two percent (22%), were dually diagnosed with mental illness being primary and alcohol and drug problems being secondary. Conversely, 419 individuals, or eight percent (8%), were dually diagnosed with alcohol and drug problems being primary and mental illness being secondary. Many individuals that required community mental health emergency services in connection with alcohol and drug abuse are not represented in these numbers. In contrast to the percentage of individuals with alcohol and drug problems served, only 6.95% of community mental health center funds are appropriated for services to this group.
II Centers having the highest admission rates to SCDMH alcohol and drug inpatient programs are in descending order: Spartanburg, Columbia Area, Tri-County and Orangeburg. At the end of the most recent fiscal year, the alcohol and drug admissions rate to SCDMH inpatient facilities was 81.5 per 100,000 population. The comparable rate for psychiatric admissions was 216.5 Thus the alcohol and drug related rate was at thirty-eight percent (38%) of the psychiatric admission rate.
III One of the heaviest service burdens borne by mental health centers is that of providing emergency services. The Department requires all centers to have a twenty-four (24) hour telephone emergency service with a mental health professional available at all times. Likewise, a mental health professional must be available at each center for face-to-face emergency interventions at all times. In addition, centers must make arrangements to have a physician available at all times for emergency psychiatric evaluations. Thus the equivalent of 85 mental health professionals and 85 physicians are required to meet this demand. It is estimated that half of all emergency contacts involve substance abuse. Resources must be diverted from psychiatric services to allow centers to intervene in substance abuse crises.
IV Most centers report needs of detox/crisis stabilization capacity, increased center staffing, and halfway houses/group homes to meet alcohol and drug service demands.
The Department of Mental Health is gravely concerned about the inequity in the assignment of responsibility for the delivery of services to chemically abusing and addicted persons. By statute the Department of Mental Health is clearly charged with the treatment of the alcohol and/or drug abuser.
The passage of the act for involuntary commitment of substance abusers assigned virtually total responsibility for such involuntary commitment to community mental health centers across the State. However, centers received no significant increase in appropriations to meet this responsibility.
Furthermore, the Department of Mental Health manages Morris Village, the only public inpatient treatment facility in the state. The service demands of involuntarily committed substance abusers had greatly taxed this facility's capacity.
Conversely, the South Carolina Commission of Alcohol and Drug Abuse is primarily charged by statute to develop and deliver prevention and education services. With some statutory authority the local Alcohol and Drug Commissions have developed a variety of outpatient treatment programs over the years. Many of these programs provide little assistance to the Department of Mental Health in meeting its involuntary alcohol and drug commitment or inpatient alcohol and drug treatment responsibilities.
With the Department of Mental Health handling one portion of services and the Commissions on Alcohol and Drug Abuse another, the result has been a fragmented service delivery system. For all practical purposes the Department of Mental Health has become responsible for the treatment of all seriously alcohol and drug abusing and addicted persons.
Included are selected sections from the South Carolina Code and other relevant statutes assigning responsibility for these services to the Department of Mental Health, the South Carolina Commission on Alcohol and Drug Abuse and County Commissions for Alcohol and Drug Abuse. They are as follows:
Mental Health Laws Pertaining to Alcohol and Drug Abuse
Section 10 of Chapter 9 of Title 44 of the South Carolina Code creates the State Department of Mental Health, which is governed by a Mental Health, which is governed by a Mental Health Commission appointed by the Governor. This section states that the State Department of Mental Health:
"...shall have jurisdiction over all of the State's mental hospitals, clinics and centers, joint State and community sponsored mental health clinics and centers and facilities for the treatment and care of alcohol and drug addicts,..."
In regard to the establishment of divisions of the Department of Mental Health, Section 50 of Chapter 9 of Title 44 of the Code states that:
"One of the divisions shall be a Division on Alcohol and Drug Addiction which shall have primary responsibility in the State for treatment of alcohol and drug addicts."
Section 90 of Chapter 9 of Title 44 of the Code which prescribes the general rights, duties and powers of the Mental Health Commission states in Item 7:
"It shall provide a statewide system for the delivery of mental health services to treat, care for, reduce and prevent mental illness and provide mental health services in the areas of mental defectiveness, epilepsy, drug addiction and alcoholism for citizens of this State, whether or not in an institution."
Section 100 of Chapter 9 of Title 44 states that the Commission may:
"Adopt such rules and regulations...as it may find to be reasonably necessary for the government of all institutions over which it has authority and of State mental health facilities and the proper and efficient institutionalization of the mentally ill, mentally defective, epileptic, psychotic senile, drug addicted or alcoholic."
Chapter 52 of Title 44 amended the statutes so as to regulate the commitment of chemically dependent persons. Section 200 of this Title defines the authority of the State Department of Mental Health. It states:
"The State Department of Mental Health may prescribe the form of applications, reports, records, and medical certificates provided for under this Chapter, and the information required to be contained; require reports from the head of any treatment facility relating to the admission, examination, diagnosis, release, or discharge of any patient; visit each facility regularly; review the admission procedures of all new patients admitted between visits; provide care and treatment for all involuntary admissions of chemically dependent persons; investigate by personal visit complaints made by any patient or by any person on behalf of a patient; and adopt regulations not inconsistent with the provisions of this Chapter which it finds to be reasonably necessary for proper and efficient hospitalization and care of chemically dependent persons."
The following Section 210 of Chapter 52 of Title 44 defines the responsibilities for the development of a comprehensive program for chemically dependent persons. This section states:
"The Division shall establish a comprehensive and coordinated program of treatment for chemically dependent persons utilizing, the extent financial resources allow, services of other state agencies, local facilities, and private treatment facilities. The program may include:
1. emergency treatment provided by a physician affiliated with or part of the medical service of a general hospital;
2. inpatient treatment; and
3. outpatient treatment and follow-up treatment or all of them.
The [DMH] Division [of Alcohol and Drug Treatment] may contract for the use of any public or private facility as an approved treatment facility of the Division, subject to the approval of the Department of Mental Health. The Commission considers this to be an effective and economical course to follow."
It should be noted that nowhere in this Chapter is the South Carolina Commission on Alcohol and Drug Abuse assigned any responsibility for the treatment of alcohol and drug addicts or abusers.
Responsibilities of the South Carolina Commission on Alcohol and Drug Abuse
Chapter 49 of Title 44 empowers the South Carolina Commission on Alcohol and Drugs Abuse (SCCADA). In contrast to the mental health statutes cited above, this statute states in Section 40 of Chapter 49 of Title 44:
"c The Commission shall:
1. Plan, coordinate and cooperate in educational programs for schools, communities and general public designed to prevent and deter misuse and abuse of controlled substances;
2. Promote better recognition of the problems of misuse and abuse of controlled substances within the regulated industry and among interested groups and organizations;
3. Assist the regulated industry, interested groups and organizations in contributing to the reduction of misuse and abuse of controlled substances;
4. Consult with interested groups and organizations to aid them in solving administrative and organizational problems;
5. Evaluate procedures, projects, techniques, and controls conducted or proposed as part of educational programs on misuse and abuse of controlled substances;
6. Disseminate the results of research on misuse and abuse of controlled substances to promote a better public understanding of what problems exist and what can be done to combat them;
7. Assist in the education and training of State and local law-enforcement officials in their efforts to control misuse and abuse of controlled substances;
8. Encourage research on misuse and abuse of controlled substances;
9. Cooperate in establishing methods to assess accurately the effects of controlled substances and to identify and characterize controlled substances with potential for abuse;
10. Cooperate in making studies and in undertaking programs of research to
a. Develop new or improved approaches, techniques, systems, equipment and devices to strengthen the enforcement of Sections 10, 40,and 49 of Chapter 49 of Title 44 and Article 3 of Chapter 53;
b. Determine patterns of misuse and abuse of controlled substances and the social effects thereof; and
c. Improve methods for preventing, predicting, understanding and dealing with the misuse and abuse of controlled substances.
d. The Commission may enter into contracts with public agencies, institutions of higher education, and private organizations or individuals for the purpose of conducting research, demonstrations, or special projects which bear directly on misuse and abuse on controlled substances.
e. The Commission may enter into contracts for educational and research activities without performance bonds.
f. The Commission is authorized to accept gifts, bequests, devises, contributions, and grants, public or private, including Federal funds, or funds from any other source for use in furthering the purpose of the Commission."
Laws Pertaining to Alcohol Beverage Revenue and County Commissions for Alcohol and Drug Abuse
Article 3 of Section 200 of Chapter 5 of Title 61 regulates the disbursement of alcohol and alcoholic beverage revenue. Section 310 of this chapter states:
"Revenue allocated to counties for educational purposes relating to the use of alcoholic liquors and the rehabilitation of alcoholics, drug abusers, and drug addicts pursuant to Article 1 of this chapter shall be regulated and disbursed in accordance with the provisions of this article."
Section 320 states:
"Prior to the use of the revenue described in Section 310 of Chapter 5 of Article 61, the governing body of each county shall:
a. Designate a single existing county agency or organization, either public or private, as the sole agency in the county for alcohol and drug abuse planning for programs funded by revenues allocated pursuant to Article 1 of this chapter or create a new agency for that purpose.
b. Develop a county plan in accordance with the State plan for alcohol abuse and alcoholism and the State plan for drug abuse required by Public Laws 91-616 and 92-255 for the prevention and control of alcohol and drug abuse and obtain written approval of such plan by the South Carolina Commission on Alcoholism and the Commissioner of Narcotics and Controlled Substances. Such written approval shall be granted by the South Carolina Commission on Alcoholism and by the Commissioner of Narcotics and Controlled Substances if reasonable..."
There are several important points to be considered relative to this chapter. First, Section 310 states that revenue may be allocated:
"...for educational purposes...and the rehabilitation of alcoholics, drug abusers, and drug addicts..."
In fact, very little alcohol beverage revenue is actually expended for "rehabilitation" through Department of Mental Health inpatient facilities or community mental health centers.
In only one instance is a mental health center designated by a county as the alcohol and drug abuse planning agency for programs funded by these revenues. In this case, the amount of funds available for treatment as opposed to education is meager since the South Carolina Commission for Alcohol and Drug Abuse is designated as the agency responsible for approving this center's plan. This is especially true since this statute states that the county plan must be in accordance with the state plan for alcohol abuse and alcoholism and the state plan for drug abuse. This plan does not allow for significant funds to be used for treatment provided by the Department of Mental Health centers and facilities.
Annual Update 1990 - Morris Village
This has been an eventful year for Morris Village. The introduction of a new program focus, a restructuring of the treatment delivery system, the implementation of a Quality Assurance Program and the recruitment of several recovering persons for significant positions have been major accomplishments for this year. Moreover, we look forward to the continuation of the evaluation and improvement of our treatment program, further refinement of our organizational structure and the implementation of goals and objectives.
PAST YEAR PERFORMANCE:
A. Our goals to implement a treatment philosophy which reflects an understanding of chemical dependency as a primary illness rather than as a symptom of underlying pathology has been fully implemented. Of course, we will continue to provide on-going training and staff development of staff, and will continue to evaluate and fine-tune our treatment offerings. It should be noted that patients who complete an anonymous exit feedback instrument are highly favorable regarding the value of treatment now included in our program. This will continue as an on-going goal.
B. The goals to provide a treatment program that integrates the twelve steps of AA and NA have been implemented. The focus of all treatment groups, including group therapy, recovery dynamics, patient education, spirituality and activity therapy are all based upon these steps. Moreover, our heavy emphasis upon support groups such as Alcoholics Anonymous, Narcotics Anonymous, Al-Anon, Codependency and other support groups encourages patients and staff to participate regularly. This goal is on-going.
C. Our goal to provide a treatment program which emphasizes an interdisciplinary approach through the process of assessment, planning, treatment and referral to continuing care resources has been fully implemented. Our treatment teams are truly interdisciplinary, with each team member -- regardless of academic discipline -- able to perform all team functions. Our assessments are comprehensive and inform treatment planning. This is an on-going goal.
D. Our commitment to provide a medical record reflective of our interdisciplinary treatment approach which provides current and comprehensive documentation of patient's progression through treatment has recently been implemented. Our new Inpatient Medical Records section is open. New record folders, a newly organized record as well as new documentation procedures have resulted in a medical record that is consistent with accreditation and quality assurance standards. Our on-going focus will be on the continued improvement of the record and on the quality and appropriateness of the content of medical records documentation.
E. Our goal of redefining the role and function of Morris Village in ways that are consistent with the changing direction of the Department has been implemented. One significant step is the recruitment of a Treatment Coordinator who will be responsible for treatment services. This will allow the Assistant Director more time to devote to administrative duties, and also to provide active liaison with Mental Health Centers, local Commissions on Alcohol and Drug Abuse and Probate Court.
F. With respect to goals addressing staff recruitment, training and enhancement, significant progress has been made. As stated earlier, several recovering individuals have been employed, a regular program of staff training and development has been implemented and nursing and patient management personnel have been recruited.
G. With respect to our goal to develop and implement specialized program for dually diagnosed patient and a short term relapse program, much preliminary preparation has been accomplished. A pilot relapse program consisting of twelve (12) beds will be implemented using existing funded bed capacity during August 1990, and preparations continue for a program for the dually diagnosed patient.
H. Our goal to support and encourage research projects in the field of addictions has been postponed until such time as the treatment program can be fine-tuned and refined.
Finally, we will continue to attempt to increase facility funding in order to recruit and develop well trained and dedicated staff, and to enhance the treatment offering.
All of the above activities have resulted in staff feeling a greater sense of commitment, accomplishment and job satisfaction.
Major goals for Fiscal Year 1991:
A. There are currently one hundred forty-four (144) functional beds available at Morris Village, which include twelve (12) young adult beds. Current funding resources do not allow for opening any additional beds this fiscal year, nor for the expansion of the Young Adult Program.
B. Given the management of our beds such that an appropriate balance between voluntary and involuntarily committed patients is achieved, it appears that our average daily census on one hundred and thirty-nine (139) for Fiscal Year 1990, was acceptable.
C. With respect to the average length of stay, which for FY 90 was approximately twenty-seven (27) days, we anticipate that this statistic will be affected in two days. First, if our relapse program proves to be of value, and particularly if it is expanded, it will utilize a shorter length of stay than the regular treatment program. Further, in the process of fine-tuning our program we intend that the discharge date will be established at the time of treatment staffing rather than upon the clinical needs of the patient. In either of these situations the average length of stay may be effected in either direction. Given this caveat, we anticipate that our length of stay for FY 91 will be approximately twenty-seven (27) days.
D. With regard to Human Resources, the following commitments for FY 91 are identified:
1. Training: We intend to continue to provide on-going staff development regarding the process of addiction and recovery. In this connection, utilizing both in-service and community-based training and workshop experiences, we intend to ensure that each staff member receives a minimum of twenty (20) hours of training annually. We also intend our training to address the changing characteristics of our population.
The South Carolina Department of Highways and Public Transportation (SCDHPT) is the state agency charged with responsibility for the planning, construction and maintenance of the state highway system; and related laws; the enforcement of the state's traffic laws throughout the highway system; and coordination of public transportation in the State. Subsumed under these broad areas are responsibility for maintaining accident records for the state and for promoting safety on South Carolina's highway system.
During 1989, the SCDHPT was involved in three major areas related to the problems of alcohol and drug abuse: compilation of traffic accident statistics describing accidents in which the probable cause was alcohol and/or drug related; continuation of DUI enforcement efforts using new mobile breathalyzer vans; and continuation of a statewide public information and education campaign to discourage drinking and driving. Each of these areas contributed toward a reduction in the number of DUI-related traffic accidents and are described more fully below.
DUI-Related Traffic Accident Statistics - 1989
Alcohol-related traffic accidents are responsible for a large portion of reported traffic accidents each year. The percentage of accidents which are alcohol-related increases as the severity of injuries involved increases.
Alcohol/drug-related traffic accidents are based on eight probable cause field on the Uniform Traffic Accident Report form; the form lists 74 causes from which the investigating officer must choose the single probable cause in the accident. The data presented in this section are a summary of these eight alcohol/drug-related probable causes. This data will not include any accidents where the probable cause was something other that alcohol or drugs, even if one of the drivers was intoxicated. As a result, alcohol involvement in South Carolina traffic accidents is probably understated.
Despite the restrictive nature in which this data was compiled, these figures indicate alcohol and drugs are important contributors to the frequency and severity of traffic accidents. Some of the key findings in the data are as follows:
Alcohol or drug usage was the probable cause in 168 fatal accidents in 1989, resulting in the deaths of 189 persons. Both figures are down from 1988 and represent 18.8% and 19.0% respectively of all fatal accidents and persons killed during the year. Table #1 provides a listing by county of the number of traffic accidents with a probable cause of alcohol or drugs.
Drivers under 21 years of age accounted for 12.6% of all drivers whose age was known in accidents with a probable cause of alcohol or drugs. This is down from 13.7% in 1988. Table #2 shows the age and sex of drivers involved in accidents in which the probable cause was alcohol or drugs. Graph #1 depicts the number of accidents per 1,000 licensed drivers by driver age.
Blood alcohol data is compiled by the state's coroners for drivers and pedestrians who were over 16 years of age and died within four (4) hours of a traffic accident. For 1988, the latest year for which complete data is available, 62.2% of all known test results on these victims indicated a positive blood alcohol content. Table #3 provides blood alcohol levels for drivers and pedestrians in fatal accidents by county who meet the criteria described.
In 1988, the SCDHPT received a $171,400 grant from the Governor's Highway Safety Office to implement a DUI Saturation Enforcement Program. This project involved the establishment of three specially-trained DUI enforcement teams within the Highway Patrol with seventeen (17) troopers each and three supervisors. These team members received specialized training designed to increase their ability to detect, apprehend, and prosecute intoxicated drivers. Specialized equipment, including two mobile breathalyzer vans were purchased for use by the Patrol.
Following the training, establishment of procedures for the project, and procurement of equipment, the project was officially implemented over the Memorial Day weekend in 1989. Since the debut of the project last June, the DUI Saturation Enforcement Teams, often working in coordination with local law enforcement agencies, have accounted for 6,791 total cases including 1,316 DUI arrests; 1,351 arrests for possession of illegal alcohol and open container violations; and 77 drug arrests. In addition, the team has also made 4,047 arrests for reckless driving, speeding, driving under suspension and other traffic violations. The average number of DUI-related deaths dropped from 18 per month in 1988 to 13 per month through May 1990.
The state-of-the-art DUI vans are equipped with video equipment to record suspects taking the field sobriety test, a breathalyzer machine and a holding cell. The vans have been used in areas of the State where drinking and driving is reported to be a problem. The Patrol set the vans up at a stationary location near the problem area and them saturate that area with 10 to 15 troopers who are specifically looking for drunk drivers.
Under normal circumstances, a DUI arrest can take the trooper off the road for two to three hours. One of the advantages of the DUI vans is that they allow troopers who make a DUI arrest to be back on patrol within an hour or less, since the trooper doesn't have to search for a breathalyzer machine and then spend time at the jail processing the individual.
DUI arrests for the Highway Patrol for 1989 (including by Saturation Team members) totalled 15,084. DUI convictions for the Patrol as a whole (includes Saturation Teams) increased by 7% in 1989 over 1988, climbing from 10,865 convictions to 11,652 convictions (See Table #4).
Public Information and Education Efforts
The Highway Safety Office, in cooperation with the Public Affairs Office of the SCDHPT, has coordinated a variety of public information and education efforts addressing the problem of drinking and driving. The major initiative in this area has been the continuation of the "Highways or Dieways" campaign. During 1989, Phase II of the campaign was implemented. The overall message of the campaign has been clear -- tell the state's drivers, as graphically as possible, what consequences they can expect if they choose to drive irresponsibly. Three television ads were developed and released during Phase II; one of the ads targeted drinking and driving and showed two blue collar workers who chose to drink and drive and the consequences of their actions.
A poster was also developed and released during Phase II, entitled "These Students Won't Make Their Class Reunion." The poster features a number of photographs of South Carolina high school students who died in traffic accidents, some as the result of DUI. The poster was presented prior to prom and graduation time in 1989 at high schools across the State.
The dangers presented by drinking and driving were also stressed by agency staff in pre-holiday press conferences throughout the year, news interviews, press releases, and other media events related to the campaign.
Phase II of the campaign was funded jointly by the SCDHPT and with grant funds remaining from Phase I provided by the Governor's Office of Highway Safety Programs. The campaign, along with other initiatives across the State, has contributed to an 8.4% reduction in traffic fatalities over the past two years; an 11.2% reduction in the number of incapacitating injuries over the past two years; a 5.7% reduction in the amount of economic loss over the previous year, and a 16.1% reduction over the last two years; and a 9.1% reduction in the state's mileage death rate as compared to 1988, and a 16.7% reduction over the last two years. These reductions occurred in spite of an 8.5% increase in the number of miles traveled over the last two years and a 7.1% increase in the number of licensed drivers.
The Highway Safety Office also operated a Highway Safety Information Resource Clearinghouse. Brochures, posters, research information, films, videos and other educational materials of various aspects of DUI are available free of charge to the public. Clearinghouse materials are distributed to civic groups, at safety fairs, to teachers, and others who are concerned with highway safety throughout the year.
Alcohol and drug related crashes continue to plague South Carolina highways. Lack of adequate information at the crash site results in incomplete data regarding the magnitude of the problem. However, national research indicates that approximately 50% of all traffic fatalities are alcohol or drug related. Through a three pronged attack of enforcement, education, and adjudication, the Governor's Office of Highway Safety has waged war against intoxicated driving in South Carolina. Through National Highway Traffic Safety Administration (NHTSA) funds, the Governor's Office of Highway Safety, coordinated several state and local projects in 1989-90 designed to accomplish their task.
The ENCARE project designed to educate the public as to the negative consequences of intoxicated driving was funded in the Sumter County area. Emergency room nurses made presentations to over 4,000 people in 1989-90. Presentations included graphic slides of actual victims of DUI accidents. Plans for 1991 include the expansion of this project to more areas of the State.
The Governor's Office sponsored a Drunk and Drugged Driving Awareness Week in December of 1989 to raise the local community awareness of the dangers of intoxicated driving during the holiday season. Activities included an award luncheon to honor citizens who contributed significantly to reducing intoxicated driving. Governor Campbell spoke to a group of nearly 600 highway safety advocates and signed a proclamation of 3-D Week. Activities on the local level included increased traffic enforcement, designated driver programs, drunk driving PSA's and MADD's candlelight vigil and red ribbon campaign. High schools participated in "Ghost-Out" which demonstrates in a dramatic way the statistics that indicate that a young person is killed every 20 minutes in an alcohol-related crash.
Several local traffic units were funded in 1989-90 which allows the law enforcement officers to saturate an area in order to detect intoxicated drivers. Equipment such as the DUI vans and the mobile data terminals were invaluable in alerting the officers to motorist under the influence.
Increased enforcement results in an increase in DUI cases pending adjudication. In order to provide for swift and sure penalties for the DUI offender an assistant solicitor was funded in Lexington and Charleston Counties. These special prosecutors worked strictly with traffic-related offenses. This allows DUI cases to receive more attention and decreases delays imposing penalties.
During fiscal year 1990, the South Carolina Department of Corrections' Division of Human Services provided addiction services in four areas. Initially, inmates are provided Alcohol/Drug Education. After this activity is completed, inmates who are appropriate and cooperative are placed in individual or group substance abuse therapy. Self-help, 12-step programs such as Alcoholics Anonymous and Narcotics Anonymous are made available at any time to those inmates who indicate a commitment to these self-help models. Lastly, certain inmates are identified by the S.C. Department of Probation, Parole, and Pardon Services to participate in a 60 day residential addictions treatment program as a condition of their parole.
Substance abuse education covers the basic physiological effects and consequences of the various substances of abuse, the psychological rationale for utilizing such substances, alternative strategies for resolving personal problems, and values clarification/problem solving training which contributes to reducing the likelihood of addictive behaviors. In individual or group therapy, clients benefit from an unstructured exploration of their specific issues of substance abuse. Accomplishments in therapy include: assessing personal levels of addiction, determining personal outcomes of substance abuse, assisting long-term consequences of substance abuse on the client, his family and significant others, developing alternate strategies to addiction, and developing strategies to enhance relapse prevention. Alcoholics Anonymous and Narcotics Anonymous are provided by community volunteers and monitored by the institutional Social Work supervisors.
The S.C. Department of Corrections received 10,402 inmates during fiscal year 1989-1990. The following information represents a summary of inmate self-reports about their substance abuse histories:
A. How was the current offense related to substance abuse?
1. Offense committed while under influence
of both alcohol and drugs 5.4%
2. Offense committed under influence of
drugs only 7.0%
3. Offense committed under influence of
alcohol only 21.9%
4. DUI Offense 4.1%
5. Instrumental to obtaining drug 0.9%
6. Offense involved drug dealing 9.5%
7. Possession at crime 10.9%
8. Not applicable 40.3%
B. Percentage of inmates acknowledging convictions in the following categories:
CONVICTIONS DUI PUBLIC DRUNK DRUG OFFENSE
0 70.5 78.2 72.4
1 13.2 9.7 20.5
2 7.4 3.8 4.9
3 4.8 1.9 1.4
4 2.8 1.2 0.5
5+ 1.3 5.2 0.3
C. Inmates acknowledge a substance abuse problem?
The Department's Division of Human Services provided during FY'90 the following services to inmates:
1. Alcohol/Drug Education Course 4,346
2. Alcohol/Drug Group Therapy 1,278
3. Alcohol/Drug Individual Therapy 143
4. Alcoholics Anonymous Groups 1,640
5. Narcotics Anonymous Groups 745
6. Addictions Treatment Unit 354
An integral part of the Department's rehabilitation response to the needs of persons with vocationally handicapping substance abuse problems in Palmetto Center in Florence and Holmesview Center in Greenville. These two residential alcohol treatment centers, operated by Vocational Rehabilitation, provide clients with a comprehensive program of group and individual therapy; vocational assessment; personal and social adjustment training; psychological evaluation; recreational, family, nutritional, and media therapy; plus religious and A.A. activities. The length of treatment is either 24 or 29 days, depending on the needs of the particular client, and admission is on a voluntary basis.
Additionally, both centers conduct extensive outpatient services in the form of weekly group therapy sessions for family members of current and past residents and after-care therapy groups as follow-up for residents who have completed their inpatient treatment. The services of the centers' programs also include training as part of the curriculum in nursing education programs by community treatment and rehabilitation individuals, employers, and other interested groups.
Referrals to the centers come from human service agencies and interested individuals all over South Carolina. These referrals are coordinated through the local Vocational Rehabilitation counselor in the referral's home community to provide initial assessment and establish a service relationship with the referral prior to admission to treatment so that followup services leading to successful job placement, continued sobriety, and participation in some form of after-care therapy can occur with more effective results. This continuous service relationship provides a unique approach to the successful rehabilitation of this significantly vocationally impaired client population.
In FY 1990, Palmetto Center in Florence provided residential treatment services to 506 clients, whose average length of stay was 24 days, with total client service days of 11,773. Also, 1,028 treatment hours of group therapy were rendered in the Family and Ex-Resident Programs.
During this same year, Holmesview Center in Greenville served 344 clients whose average stay was 29 days, totaling 9,182 total client days of service. Also, 1,566 treatment hours of therapy were provided to families and ex-residents in the Non-Resident Program.
In addition, the South Carolina Vocational Rehabilitation Department continues to operate a program in cooperation with the South Carolina Mental Health Department at the Earle E. Morris Jr., Alcohol and Drug Addiction Center. This program provides vocational assessment, adjustment training, counseling, and referral to local Vocational Rehabilitation counselors for job placement and followup services. During FY 1990, Vocational Rehabilitation services were provided to 724 Morris Village residents with 207 referred for follow-up services by Vocational Rehabilitation offices throughout the State and 94 were provided follow-up services after discharge by the Morris Village Vocational Rehabilitation staff.
In addition to this network of specialized facilities and programs, Vocational Rehabilitation has, functioning in the majority of its local areas, counselors who specialize in Vocational Rehabilitation services to substance abuse clients. These specialty counselors provide services as well as provide liaison with other agencies, such as substance abuse commissions for coordinated service efforts to this population. In some areas, these specialty counselors even operate ongoing group counseling sessions for substance abusers, in order to help them either gain or maintain gainful employment.
Services to clients with substance abuse have increased across the Department in 1990. Through its two residential alcohol treatment centers, the Department continued to provide significant rehabilitation services to abusers to enable them to remain in or return to gainful employment as taxpayers rather than tax recipients.
In order to better serve the private and public sectors, the South Carolina Vocational Rehabilitation Department has implemented employee intervention programs, statewide. These programs address individual needs of those troubled employees meeting Vocational Rehabilitation eligibility guidelines before they have to be separated from their present employment due to alcohol and substance abuse.
The needs of persons with substance abuse problems are complex, and place considerable demands on South Carolina's treatment network. Whether these persons are unemployed or in danger of losing their employment due to their inability to function without abuse of alcohol and/or drugs, their rehabilitation needs are increasingly being met by the South Carolina Vocational Rehabilitation Department as is indicated in the following comparison table.
New Receiving Clients
FY Disability Referred Service Rehabilitated
Addiction/Abuse 579 1,148 281
Alcoholism 2,020 4,064 1,040
Addiction/Abuse 914 1,554 324
Alcoholism 2,220 4,361 1,007
Addiction/Abuse 1,323 2,081 467
Alcoholism 2,190 4,072 1,142
Addiction/Abuse 1,487 2,462 574
Alcoholism 2,091 3,839 1,001
Addiction/Abuse 1,808 2,950 692
Alcoholism 2,193 3,843 1,020
(On motion on Senator J. VERNE SMITH, with unanimous consent, ordered printed in the Journal of Friday, January 18, 1991)
The following Bill was severally read the third time, passed and ordered sent to the House of Representatives:
S. 495 -- Senator Bryan: A BILL TO AMEND ACT 1839 OF 1972 TO CHANGE THE NAME OF THE PIEDMONT SEWER, LIGHT AND FIRE DISTRICT OF ANDERSON AND GREENVILLE COUNTIES TO THE PIEDMONT PUBLIC SERVICE DISTRICT OF ANDERSON AND GREENVILLE COUNTIES.
(By prior motion of Senator BRYAN)
By prior motion of Senator WADDELL, the Senate agreed that when the Senate adjourns on Friday, that it stand adjourned to meet next Tuesday, January 22, 1991, at 12:00 Noon.
At 11:27 A.M., on motion of Senator PATTERSON, the Senate adjourned to meet next Tuesday, January 22, 1991, at 12:00 Noon.
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