Journal of the Senate
of the Second Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 9, 1996

Page Finder Index

| Printed Page 2380, May 3 | Printed Page 2400, May 7 |
Printed Page 2390 . . . . . Friday, May 3, 1996

and sensitive to the cultures and needs of those they serve. The direction in which the problem should be addressed must involve more community-based approaches as well as those in government, families and individuals working together.

The process of balancing this approach required a coordinated effort with all players holding a vital interest in this area. The process attempted to cast as wide a net as possible to include divergent points of view and all significant competing interests. This input was weighed and compared to the criminal justice data made available over the past year and to previous years in which a statewide strategy was developed.

Several broad assumptions emerged from this process regarding the successes and failures of the current strategy and programs funded to address the problem. As well, a clearer picture can now be drawn which identifies the strengths and deficiencies of the state's criminal justice, education, treatment and community systems and the direction that should be taken to effectuate a long-term solution. Although there were differing views in each component of the system as to what is the most effective strategy to pursue and how resources should be applied, the solicitation process again this year provided recommendations from each of the contributing agencies which are considered non-traditional in nature for their field. Law enforcement stressed the need for continued funding of narcotics personnel and equipment while also emphasizing the need to incorporate the community as a vital player in decision making about the approaches to drugs and violent crime. The courts pointed to the need for innovative approaches to help them respond to the impact of rising criminal caseloads, as well as to meet the treatment needs of offenders. Corrections cited the shortage of institutional drug-treatment beds and the advantages of treating serious offenders before they are returned to the community. The treatment community supported resources for alcohol and drug treatment both in the community and institutional settings, particularly specialized addictions treatment for juvenile offenders.

From these divergent viewpoints, the Office of Safety and Grant Programs developed what is believed to be a balanced, rational approach to the strategic allocation of existing and future resources towards addressing these critical problems. The approach is multidimensional. It does not rely soley on any single component of the system to "solve" the problem, but instead encourages initiatives in a variety of coordinated directions.


Printed Page 2391 . . . . . Friday, May 3, 1996

It remains clear that drug abuse and illegal drug distribution continue to be fundamental catalysts driving violent and non-violent crime in South Carolina. Combined with alcohol, it is estimated that 60-75 percent of all crime in the state is related to substance abuse. Drugs not only contribute to high crime rates but have profound effects on the economic vitality of the state, educational and health goals, and foster a climate of fear prevalent in many communities. What became surprisingly more evident this year, however, was the increasing number of violent crimes which are committed by repeat offenders--career criminal offenders. Of utmost concern to the state is the increasing threat of violence in our society and the need to address those fundamental problems which contribute to more dangerous living conditions. The media coverage given to such horrific incidents as drive-by shootings, murder of law enforcement officers, child sexual and physical abuse, domestic violence, rape, and people settling arguments with firearms reflects an impression to the public that such offenses are more frequent than they actually are. Nevertheless, that impression heightens fear and diminishes the quality of life for all.

Consistent with our 1994 Statewide Drug Strategy, the most powerful consensus which has emerged from the search for solutions to this complex problem is that there is no single answer. Obviously, the criminal justice system must and will respond to violence and incidents of violent crime, whatever its form, with arrests, prosecutions, and sanctions. However, the multifaceted dimensions of violence indicate that more is needed. In view of this reality, South Carolina's strategy is to facilitate a broad-based approach between law enforcement and the community, prevention/education and treatment.

Enforcement funding will continue to receive high priority funding; however as mentioned earlier, the enforcement will involve community-based approaches as well as traditional methods of finding solutions to problems. Strategic goals in the enforcement area are:

* Promote the implementation of Community Oriented-Policing

* Assist in the creation of narcotics and violent crime multi jurisdictional task forces and maintain and enhance existing and successful projects.

* Improve the criminal justice records information system


Printed Page 2392 . . . . . Friday, May 3, 1996

* Support programs which focus on improving operational effectiveness of the court process by expanding prosecutorial,defender, and judicial resources andimplementing court delay reduction programs.

* Enhance state narcotics-related training capabilities

The second leg of this trial is prevention/education, often cited this year by federal, state, and local law enforcement agencies in and out of South Carolina as the only true long-term solution. It is this policy component, education, that will likely make the most significant long-term difference, although these results may not be evident for another three to five years. Our strategic goal in the prevention/education area is:

* Support demand reduction education projects in which enforcement officers participate

Other strategic priorities are: target funding for projects which incorporate strong parent and community components and support the training of law enforcement officers who will work in demand reduction education programs.

Treatment for abusers is a third offensive in this three-part process. The criminal justice community must be prepared to address the psychological, behavioral, and other medical problems that lead to drug and alcohol abuse, deviant sexual behavior, violent juvenile behavior, and mental disorders. Expansion of treatment resources into every county as a whole deserves more attention. An offender who is incarcerated due to the unavailability of treatment programs may become a management problem in prison. Adequate drug-treatment programs for those incarcerated, as well as for those released from prison, must be available. Although the level of support on a state level in this area has been increasing every year, we hope to see additional drug-treatment beds created and increased support for follow-up treatment on the county level.

The strategic goal in the treatment area is:

* Continue to provide additional public correctional resources and improve the correctional system, including substance abuse treatment projects in prisons and intensive supervision projects and long-range corrections and sentencing strategies


Printed Page 2393 . . . . . Friday, May 3, 1996

Other strategic priorities in the treatment area are: encourage and assist, with resources and technical support, evaluation components of model treatment; encourage alternatives to incarceration for non-violent users who cooperate in treatment programs; encourage HIV/AIDS education for persons residing within the state correctional system; and improve drug testing and refer drug-dependent offenders for longer-term, crime-reduction projects.

An enhanced evaluation goal is needed to provide us with a capability to determine which approaches work and which do not work. For this reason, each grant-funded project is required to submit an evaluation plan and completed report to assess the impact of their project on the drug and violent crime problem in their jurisdiction. The results of completed goals and objectives to more effectively address the drug and violent crime problem in each jurisdiction as they effect the subsequent grant-funded projects. Results should help us refine the state strategy in the future. The strategic goal is:

* Enhance a violent crime and drug control evaluation capability to evaluate the effectiveness of programs and projects directed at drug abuse activities

The solution to the state's violence and drug problem must be long-term, even generational. The FY 1995 State Strategy reflects initiatives to convey that the struggle to turn the drug crisis and violent crime problem around involves long-term commitment and definitive strategies. The state's drug and violent crime policies should continue to be balanced between enforcement, prevention/education and treatment. Even so, all citizens of South Carolina must be mindful that progress is not achieved soley by the allocation of resources of government, but rather by changes in attitudes and behaviors brought about by individuals, families and communities working together throughout the state.

SOUTH CAROLINA LAW ENFORCEMENT DIVISION

NARCOTICS DEPARTMENT

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


Printed Page 2394 . . . . . Friday, May 3, 1996

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 47 agents, 5 supervisory special agents (Lieutenants) and a Special Agent in Charge (Captain) 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 (Retaliation Against Illegal Drugs) Team made up of members from the South Carolina Highway Patrol, Alcoholic Beverage Control Commission, South Carolina Wildlife and Marine Resources and SLED Narcotics. This gave a total of 60 sworn law enforcement personnel to combat the drug problem at the state level. This team was made statutorily permanent, under SLED, during the 1993 legislative year. Automatically, pursuant to Section 23-3-15 SLED was given "specific and exclusive jurisdiction and authority statewide, on behalf of the State in matters including"..."covert investigation of illegal activities pertaining to and the interdiction of narcotics and other illicit substances".

The South Carolina Army National Guard has dedicated two helicopters and personnel to support the ground effort of our annual Marijuana Eradication Program. Additionally, personnel from the National Guard work year round in various positions to support the overall counter drug effort to include the SLED personnel assigned to the State Grand Jury section of the South Carolina Attorney General's office.

During Fiscal Year 1994-95, the Narcotics Department received and processed 294 requests for investigations from federal, state, and local agencies. These requests for investigations generated 919 investigations by the section.

TOTAL VALUE OF DRUGS PURCHASED OR SEIZE. . . . .$44,958,268,00
CASH SEIZED. . . . .1,684,336.36

OTHER ASSETS. . . . .294,095.00
TOTAL ARRESTS. . . . .882 (includes the Marijuana arrests)


Printed Page 2395 . . . . . Friday, May 3, 1996

NOTE: Other real properties and monies were seized through the State Grand Jury and will be reported through them.

16,388 marijuana plants were seized in the 1994-95 Fiscal Year which resulted in 98 arrests and 51 weapons seized.

STATE DRUG TOTALS

SALE/POSSESSION COMBINED JULY-DECEMBER, 1994 JANUARY-APRIL, 1995
 
Cocaine/Heroin/Opium 3,898 2,406
Marijuana 5,701 3,352
Other drugs 319 148
Drug Equipment/Paraphernalia 821 556

The above figures are taken from reports submitted to the UCR program by participating police agencies.

SOUTH CAROLINA DEPARTMENT OF

JUVENILE JUSTICE

ALCOHOL AND DRUG TREATMENT ACTIVITIES

The Department of Juvenile Justice is providing comprehensive alcohol and other drug education offered at the Department's long-term institutions, in groups conducted by Social Work staff.

Local DJJ offices refer juveniles identified with alcohol and other drug abuse problems to local alcohol and drug commissions for assessment and treatment. Across South Carolina, there are hundreds of juveniles under DJJ supervision who attend counseling sessions related to substance abuse problems. During FY 94/95, there were 1,786 juvenile cased referred to the solicitors in our State in which the most serious offense was drug or alcohol related. Eighty-four of these juveniles were committed to DJJ's secure institutions. Many others were placed in alternative placements.

A Memorandum of Agreement was signed last year by the Directors of the Department of Juvenile Justice and the Director of Alcohol and Other Drug Abuse Services to coordinate efforts for prevention, intervention and treatment/rehabilitation for shared clients. During the current year, a grant proposal was submitted to the Office of Grants Administration and a grant was awarded from Drug Control and System Improvement Program Grant funds, in the amount of $338,900 Federal dollars to be


Printed Page 2396 . . . . . Friday, May 3, 1996

matched with $112, 963 state dollars. A contract was established between the Department of Juvenile Justice and the Department of Alcohol and other Drug Abuse services to the provide treatment component for a 36 bed Addiction Treatment Unit to be housed in an existing unit at Willow Lane Institution. Renovations and training are underway for the opening of this unit in January 1996. An application for continuation funding is in process. Application was made for a Youthnet grant from the Center for Substance Abuse Treatment to provide comprehensive wrap-around services and to meet treatment gaps for juveniles in Lexington/Richland counties; however this grant was denied. The Department continues to seek funding sources for improved treatment. Mr. Walter Waddell has been named Director of Program and Grant Resource Development and will be continuing to seek alternative resources.

As part of the Bridge Grant, the Department of Alcohol and Other Drug Abuse Services is providing comprehensive assessment and wrap-around follow-up services to juveniles from six counties including Bamberg, Calhoun, Lexington, Orangeburg, Richland, and Spartanburg. All juveniles from these counties who come to the long-term institutions are assessed by Bridge personnel. Approximately 61% of juveniles screened from those six counties were found to meet diagnostic criteria for abuse for dependence. It is hoped that the Bridge can receive additional funding for expansion into other counties to better serve shared youth and to provide more comprehensive follow-up for juveniles leaving the new grant-funded Addiction Treatment Unit.

Plans for 1996-97 include working toward the credentialing of DJJ staff to provide substance abuse counseling services for juveniles housed in the institutions, continuation funding application for the ATU grant with the initiation of the treatment phase in January 1996-97. Strengthening of the follow-up component to continuation funding. In addition, more extensive assessment will be conducted when Juveniles are referred to the solicitors' offices and ordered to receive local evaluations. The Department continues to seek alternative grant funding sources for programs addressing the substance abuse intervention needs of the DJJ population, both in the institutions and in the community.
(On motion of Senator J. VERNE SMITH, with unanimous consent, ordered printed in the Journal)


Printed Page 2397 . . . . . Friday, May 3, 1996

HOUSE BILLS RETURNED

The following House Bills and Joint Resolution were read the third time and ordered returned to the House with amendments:

H. 4136 -- Judiciary Committee: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 44-29-250 SO AS TO PROVIDE THAT A PERSON WHO COLLECTS AND SUBMITS AN ANONYMOUS SAMPLE OF THE PERSON'S OWN BODY FLUID OR TISSUE FOR HUMAN IMMUNODEFICIENCY VIRUS (HIV) TESTING IS NOT REQUIRED TO REPORT A POSITIVE TEST RESULT AND THAT THE RESULTS ARE CONFIDENTIAL; AND TO FURTHER PROVIDE THAT A POSITIVE RESULT MUST BE REPORTED BY THE LABORATORY TO THE DEPARTMENT OF HEALTH AND ENVIRONMENTAL CONTROL WITHOUT IDENTIFYING INFORMATION INCLUDED IN THE REPORT.

(By prior motion of Senator COURTNEY, with unanimous consent)

H. 4602 -- Ways and Means Committee: A JOINT RESOLUTION TO APPROPRIATE MONIES FROM THE CAPITAL RESERVE FUND FOR FISCAL YEAR 1995-96.

(By prior motion of Senator DRUMMOND, with unanimous consent)

H. 3909 -- Reps. Wright, Askins, Bailey, Gamble, Harvin, Herdklotz, Kirsh, Knotts, McCraw, Riser, Robinson, Simrill, Spearman and Wilder: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 42-1-660 SO AS TO PROVIDE UNDER THE WORKERS' COMPENSATION LAW THAT NO ARCHITECT, ENGINEER, LAND SURVEYOR, LANDSCAPE ARCHITECT, OR THEIR EMPLOYEES OR A CORPORATION, PARTNERSHIP, OR FIRM OFFERING THESE SERVICES WHO IS RETAINED TO PERFORM PROFESSIONAL SERVICES ON A CONSTRUCTION PROJECT IS LIABLE FOR ANY INJURY RESULTING FROM THE EMPLOYER'S FAILURE TO COMPLY WITH SAFETY STANDARDS ON A CONSTRUCTION PROJECT FOR WHICH COMPENSATION IS RECOVERABLE, UNLESS RESPONSIBILITY FOR SAFETY PRACTICES IS SPECIFICALLY ASSUMED BY CONTRACT, AND PROVIDE FOR RELATED MATTERS.

(By prior motion of Senator J. VERNE SMITH, with unanimous consent)


Printed Page 2398 . . . . . Friday, May 3, 1996

H. 4502 -- Reps. Simrill, Herdklotz, Cain, Sandifer, Haskins, Meacham, Hallman, Trotter, Cato and R. Smith: A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-1-85 SO AS TO PROVIDE THAT MARRIAGES BETWEEN PERSONS OF THE SAME SEX VALID IN ANOTHER STATE ARE VOID IN SOUTH CAROLINA.

(By prior motion of Senator HOLLAND, with unanimous consent)

THIRD READING BILL

The following Bill was read the third time and ordered sent to the House of Representatives:

S. 1380 -- Senators McConnell and Washington: A BILL TO AMEND SECTION 23-11-110 OF THE CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO QUALIFICATIONS OF SHERIFFS, SO AS TO PROVIDE THAT FINGERPRINTS MUST BE MADE AVAILABLE TO THE STATE LAW ENFORCEMENT DIVISION FORTY-FIVE DAYS AFTER FILING FOR ELECTION TO THE OFFICE, RATHER THAN SIXTY DAYS BEFORE THE CLOSE OF QUALIFICATION FOR ELECTION TO THE OFFICE; TO PROVIDE THAT CANDIDATES MUST FILE A SWORN AFFIDAVIT FORTY-FIVE DAYS AFTER FILING FOR ELECTION TO THE OFFICE RATHER THAN WITHIN SIXTY DAYS BEFORE HE QUALIFIES; AND TO PROVIDE THAT THIS ACT APPLIES WITH RESPECT TO CANDIDATES FILING FOR ELECTION BEGINNING JANUARY 1, 1996.

(By prior motion of Senator COURTNEY, with unanimous consent)

MOTION ADOPTED

On motion of Senator LEVENTIS, with unanimous consent, the Senate stood adjourned out of respect to the memory of Mrs. M. R. Hardy of Washington, D.C., and formerly of Columbia, S.C.

ADJOURNMENT

At 12:15 P.M., on motion of Senator COURSON, the Senate adjourned to meet next Tuesday, May 7, 1996, at 12:00 Noon.

* * *


Printed Page 2399 . . . . . Tuesday, May 7, 1996

Tuesday, May 7, 1996

(Statewide Session)

Indicates Matter Stricken
Indicates New Matter

The Senate assembled at 12:00 Noon, the hour to which it stood adjourned and was called to order by the PRESIDENT.

A quorum being present the proceedings were opened with a devotion by the Chaplain as follows:

Beloved, as we come to a new week, hear words from Hebrews, Chapter 4 (v.16) (NRSV):

"Let us therefore approach the throne

of grace with boldness, so that we may

receive mercy and find grace to help in

time of need."
Let us pray.

Good Lord, we are fascinated by the term "the throne of grace"... the throne of God Almighty's undeserved favor.

Too often we think of our God as the great law-giver thundering from Mt. Sinai. Here we have the concept of a gracious God from Calvary.

In response to YOUR undeserved favor that YOU show us in so many ways, give us one more grace: the grace of gratitude manifested in lives of faithful service to our brothers and sisters in the human race... with zeal for the right things at the right time in the right way.

Amen.

The PRESIDENT called for Petitions, Memorials, Presentments of Grand Juries and such like papers.


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