South Carolina General Assembly

General Appropriations Bill H. 3400 for the fiscal year beginning July 1, 1997

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                           CRIMINAL  JUSTICE

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 1     B04 - SECTION 4A - JUDICIAL DEPARTMENT
 2
 3         1.      (JUD: Prohibit County Salary Supplements)  County salary supplements of Judicial Department personnel shall be
 4     prohibited.
 5         2.      (JUD: County Offices For Judges)  Every county shall provide for each circuit and family judge residing therein
 6     an office with all utilities including a private telephone, and shall provide the same for Supreme Court Justices and Judges
 7     of the Court of Appeals upon their request.
 8         3.      (JUD: Commitments to Treatment Facilities)  The appropriation for continued implementation of Article 7, Chapter
 9     17, of Title 44 of the 1976 Code, Chapter 24 of Title 44 of the 1976 Code, and Chapter 52 of Title 44 of the 1976 Code,
10     relating to commitments, admissions and discharges to mental health facilities, or treatment facility for the purpose of
11     alcohol and drug abuse treatment, shall be expended for the compensation of court appointed private examiners, guardians
12     ad litem, and attorneys for proposed patients, and related costs arising from the filing, service and copying of legal papers
13     and the transcription of hearings or testimony.  Court appointed private examiners, guardians ad litem and attorneys shall
14     be paid at such rates or schedules as are jointly determined to be reasonable by the South Carolina Association of Probate
15     Judges, the State Court Administrator and the South Carolina Department of Mental Health with the approval of the
16     Attorney General.
17         4.      (JUD: Judicial Commitment)  Except as otherwise provided in Section 72.1., no money appropriated pursuant to
18     Item VI, Judicial Commitment shall be used to compensate any state employees appointed by the court as examiners,
19     guardians ad litem or attorneys nor shall such funds be used in payment to any State agency for providing such services by
20     their employees.
21         5.      (JUD: Judicial Expense Allowance)  Each Supreme Court Justice, Court of Appeals Judge, Family Court Judge and
22     Circuit Court Judge shall receive two hundred fifty dollars per month as expense allowance.
23         6.      (JUD: Special Judge Compensation)  In the payment of funds from "Contractual Services," and "Administrative
24     Fund," that no Special Judge shall be paid for more than a two week term within a fiscal year except that this restriction will
25     not apply in case of an ongoing trial.
26         7.      (JUD: Advance Sheet Revenues Deposit)  The Judicial Department must deposit in the General Fund of the State
27     during the current fiscal year, all advance sheet revenues, including any carried forward balance from prior years.
28         8.      (JUD: BPI/Merit)  Judicial employees shall receive base and average merit pay in the same percentages as such pay
29     are granted to classified state employees.
30         9.      (JUD: Supreme Court Bar Admissions Carry Forward)  Any funds collected or carried forward from Supreme Court
31     Bar Admissions in excess of the amount required to be remitted to the General Fund may be carried forward and expended
32     in the current fiscal year for the benefit of the Bar Admissions unit.
33         10.    (JUD: Travel Reimbursement)  State employees of the Judicial Department traveling on official state business must
34     be reimbursed in accordance with Section 72.32(J) of this Act.
35         11.     (JUD: Judicial Pay Increase)  The amounts appropriated to the Judicial Department for judicial pay increases
36     shall be distributed in accordance with the following plan:  effective on the first pay date that occurs on or after July 1 of
37     the current fiscal year, the compensation of the Chief Justice, Associate Justices, Court of Appeals Judges, Circuit Court
38     Judges and Family Court Judges shall be increased by 2.5%.
39
40     E20 - SECTION 11 - ATTORNEY GENERAL'S OFFICE
41
42         1.      (AG: Collection of Debts, Claims or Obligations)  The Attorney General is hereby authorized to contract for the

ATTORNEY GENERAL'S OFFICE                                                                                      PAGE 479

 1     collection of debts, claims or obligations due to the State, or any of its departments or institutions.
 2         2.      (AG: Hiring of Attorneys)  No department or agency of the State Government shall hire any classified or temporary
 3     attorney as an employee except upon the written approval of the Attorney General and at a compensation approved by him.
 4     All such attorneys shall at all times be under the supervision and control of the Attorney General except as otherwise
 5     provided by law unless obtaining prior approval by the Budget and Control Board.
 6         3.      (AG: Engage Attorney on Fee Basis)  No department or agency of the State Government shall engage on a fee basis
 7     any attorney at law except upon the written approval of the Attorney General and upon such fee as shall be approved by him.
 8     This shall not apply to the employment of attorneys in special cases in inferior courts where the fee to be paid does not
 9     exceed two hundred fifty ($250.00) dollars or exceptions approved by the Budget and Control Board.
10         4.      (AG: Printing of Opinions & Index)  The Attorney General is authorized to print for public sale, copies of his
11     published opinions and index thereto at such charges as are established by the state printer, in accordance with the cost of
12     the documents plus a twenty-five percent surcharge.  All proceeds from the sale of copies of opinions or indices shall be
13     remitted to the general funds of the State and a full accounting kept thereof.
14         5.      (AG: Asbestos Abatement Litigation)  The Attorney General shall report to the Ways and Means and Senate Finance
15     Committees on the status of that office's Asbestos Abatement Litigation.
16         6.      (AG: State Grand Jurors Subsistence)  Jurors of the state grand jury shall receive daily subsistence expense equal
17     to the maximum allowable by regulation of the Internal Revenue Code for the Columbia area when summoned or serving
18     and be paid the same per diem and mileage as are members of state boards, commissions, and committees.
19         7.      (AG: Medicaid Fraud)  The Attorney General shall provide the necessary personnel, in conjunction with the
20     Department of Health & Human Services, to process and/or refer suspected Medicaid fraud cases to appropriate law
21     enforcement officials for investigation and/or legal action, as deemed necessary.
22         8.      (AG: Litigation Expense)  Notwithstanding any other provision of law, the Office of the Attorney General may
23     obtain reimbursement for its costs in representing the State in criminal proceedings and in representing the State and its
24     officers and agencies in civil and administrative proceedings.  These costs may include, but are not limited to, travel
25     expenditures, depositions, printing, transcripts, and personnel costs.  Reimbursement of these costs may be obtained by the
26     Office of the Attorney General from the budget of an agency or officer that it is representing or from funds generally
27     appropriated for legal expenses with the approval of the Budget and Control Board.
28         9.      (AG: Youth Mentor Program)  The Attorney General's Office shall establish a Youth Mentor Program to serve
29     juvenile offenders in Family Court.  The program shall be used as a pre-trial diversion option for solicitors.  The Attorney
30     General is authorized to hire a director of the Youth Mentor Program who shall be paid with existing funds from the
31     classified positions line item in the Attorney General's Office budget.  The Youth Mentor Program may be administered
32     when a juvenile is charged with a non-violent criminal offense and the solicitor feels that justice would be better served if
33     the juvenile offender completed a church mentor program.  Upon completion of the program, the criminal charges shall be
34     dismissed.  The Youth Mentor Program is a voluntary program and the juvenile or his parents or guardians have a right to
35     refuse to participate based upon their religious beliefs or for any other reason.  The Attorney General's Office shall establish
36     guidelines for this program, the mentors and the churches, mosques, masjids and synagogues that participate in the Youth
37     Mentor Program.  The circuit solicitors are authorized to charge juvenile offenders that participate in the Youth Mentor
38     Program a fee to offset the actual cost of administering the program.
39
40     E21 - SECTION 12 - PROSECUTION COORDINATION COMMISSION
41
42         1.      (PCC: Solicitor Salary)  The amount appropriated in this section for salaries of Solicitors shall be paid to each full-

PROSECUTION COORDINATION COMMISSION                                                                            PAGE 480

 1     time Solicitor.
 2         2.      (PCC: Solicitor Expense Allowance)  Each solicitor shall receive two hundred fifty dollars ($250.00) per month
 3     as expense allowance.
 4         3.      (PCC: Judicial Circuits State Support)  The amount appropriated and authorized in this section for Judicial Circuits
 5     (16) State Support shall be apportioned among the circuits on a per capita basis and based upon the official census of 1990.
 6     Payment shall be made as soon after the beginning of the first and third quarter as practical.
 7         4.      (PCC: Solicitor Carry Forward)  Any unexpended balance on June 30, of the prior fiscal year, may be carried
 8     forward into the current fiscal year and expended for the operation of the Solicitor's office relating to operational expenses.
 9         5.      (PCC: Solicitor's Office - County Funding Level)  It is the intent of the General Assembly that the amounts
10     appropriated for solicitors' offices shall be in addition to any amounts presently being provided by the county for these
11     services and may not be used to supplant funding already allocated for such services without any additional charges.
12         6.      (PCC: Serious Offenses Funding)  It is the intent of the General Assembly that more than 50% of the funds for
13     Judicial Circuits-State Support which exceeds the amount appropriated by the General Assembly in FY 1995-96, must be
14     utilized for the expeditious disposition of "most serious offenses" and "serious offenses" as defined by S.C. Code Section
15     17-25-45.
16
17     E23 - SECTION 14 - COMMISSION ON INDIGENT DEFENSE
18
19         1.      (INDEF: Defense of Indigents Formula)  The amount appropriated in this section for "Defense of Indigents" shall
20     be apportioned among counties in accord with Section 17-3-70, 1976 Code, but on a per capita basis and based upon the
21     official United States Census for 1990.  The level of contribution of each county as of July 1, 1992, must be maintained.
22     No county shall be permitted to contribute less money than the amount the county contributed as of July 1, 1992.  Within
23     the amount of money established for indigent defense services, the State shall set aside $2,750,000 (Death Penalty Trial
24     Fund) annually exclusively for use of the defense in capital cases pursuant to Section 16-3-26 of the 1976 Code, and for the
25     expenses of the operation of the Commission on Indigent Defense.  The State also shall set aside $1,000,000 annually to
26     pay fees and expenses of private counsel appointed in non-capital cases pursuant to Section 17-3-50 (Conflict Fund).  Of
27     the funds generated from the surcharge imposed pursuant to Section 14-1-213 of the 1976 Code, and from the fees imposed
28     under Sections 14-1-206(C)(4), 14-1-207(C)(6) and 14-1-208(C)(6) and the application fee provided in Section 17-3-30(B),
29     on a monthly basis, 50% must be deposited into the Death Penalty Trial Fund, 15% must be deposited into the Conflict Fund
30     until each of these funds has received the required level of deposit, and the remaining funds each month must be apportioned
31     among the counties' public defender offices pursuant to Section 17-3-70.  When either the Death Penalty Trial Fund or the
32     Conflict Fund has been fully funded, the monthly revenue being set aside for that fund will be directed to the other fund until
33     it is completely funded.  Upon complete funding of both the Death Penalty Trial Fund and the Conflict Fund, all revenue
34     collected pursuant to Section 14-1-213 and Sections 14-1-206(C)(4), 14-1-207(C)(6), 14-1-208(C)(6), and 17-3-30(B) must
35     be apportioned among the counties' public defender offices pursuant to Section 17-3-70.  At the end of each fiscal year, any
36     funds remaining in the Conflict Fund shall be treated as provided in Section 17-3-330(B).  At the end of each fiscal year
37     any leftover funds shall carryover to the next fiscal year.  All applications for the payment of fees and expenses in capital
38     cases shall be applied for from  the Death Penalty Trial Fund which shall be administered by the Commission on Indigent
39     Defense.  All applications for the payment of fees and expenses of private counsel or expenses of public defenders pursuant
40     to Section 17-3-50 shall be applied for from the Conflict Fund administered by the Office of Indigent Defense.
41         2.      (INDEF: State Employee Compensation Prohibited)  Except as otherwise provided in Section 72.1., no money
42     appropriated pursuant to Defense of Indigents shall be used to compensate any state employees appointed by the court as

COMMISSION ON INDIGENT DEFENSE                                                                                 PAGE 481

 1     examiners, guardians ad litem or attorneys nor shall such funds be used in payment to any State agency for providing such
 2     services by their employees.
 3
 4     K05 - SECTION 34 - DEPARTMENT OF PUBLIC SAFETY
 5
 6         1.     (DPS: Special Events Traffic Control)  The Highway Patrol must not charge any fee associated with special events
 7     for maintaining traffic control and ensuring safety on South Carolina public roads and highways unless approved by the
 8     General Assembly.  Nothing shall prohibit the Treasury of the State from accepting voluntary payment of fees from private
 9     or public entities to defray the actual expenses incurred for services provided by the Department of Public Safety.
10         2.     (DPS: Miscellaneous Revenue)  Notwithstanding any other provisions of law, revenue received from the sale of
11     meals to employees, sale of student locks and materials, sale of legal manuals and other publications, postal reimbursement,
12     third party Commercial Driver License testing, photo copying, sale of miscellaneous refuse and recyclable materials, tuition
13     from military breathalyzer courses, coin operated telephones, revenue from E-911 and Coroner training, revenue from
14     psychological screening, private college tuition, and revenue from canteen operations and building management services,
15     revenue from regional and national marketing of the "Crime-to-Court" and other Department of Public Safety and E.T.V.
16     series shall be retained by the Department and expended in budgeted operations for food services, expansion and programs
17     as the Director of the Department's E.T.V. program, professional training, fees and dues, clothing allowance and other
18     related services or programs as the Director of the Department of Public Safety may deem necessary.
19         The Department of Public Safety shall report annually to the General Assembly the amount of miscellaneous revenue
20     retained and carried forward.
21         3.     (DPS: Detective/Security Fee)  The Department of Public Safety is hereby authorized to charge and collect
22     additional license and registration fees for private detective businesses, private security businesses, including employees
23     of these businesses, and companies which provide private security on their own premises.  The funds generated will be
24     retained by the Department and used for the purpose of providing additional security in the Capitol Complex area.
25         4.     (DPS: Realign Appropriations)  In consultation with the House Ways and Means Committee and the Senate Finance
26     Committee, the Department of Public Safety is authorized to realign its Fiscal Year 1996-97 appropriations into a revised
27     structure to reflect actual program operations.
28         5.     (DPS: Revenue Generated Carry Forward)  Notwithstanding any other provision of law, all revenue generated by
29     the Department of Public Safety from the sale of vehicles, various equipment, less the cost of disposition incurred by the
30     B & C Board Division of Operations, gasoline and insurance claims during the prior fiscal year may be retained and carried
31     forward into the current fiscal year and expended for the purpose of purchasing like items.
32         6.     (DPS: Grant Funds Carry Forward)  Any unexpended balance on June 30, of the prior fiscal year, authorized to be
33     expended or used for any federal grant program may be retained and carried forward to the current fiscal year and used for
34     matching committed and/or unanticipated grant funds.
35         7.     (DPS: Federal, Other Flow Through Funds)  In order to complete projects begun in a prior fiscal year, the
36     Department of Public Safety is authorized to expend Federal and Earmarked Funds in the current fiscal year for expenditures
37     incurred in the prior fiscal year.
38         8.      (DPS: Publish County DMV Local Telephone Number)  From the funds appropriated in Part IA, Section 34 to the
39     Department of Public Safety, it is the intent of the General Assembly that the Division of Motor Vehicles in each county
40     should have a local telephone number that is published.
41         9.      (DPS: Cost Recovery Fee)  The Department of Public Safety may collect fees to recover the costs of the production,

DEPARTMENT OF PUBLIC SAFETY                                                                                    PAGE 482

 1     purchase, handling and mailing of documents, publications, records and data sets, and such funds shall be retained by the
 2     agency.
 3         10.    (DPS: License Fees)  Notwithstanding any provision of Title 56 of the 1976 Code relating to the disposition of
 4     revenues, all revenues derived under Chapter 56 credited to the Department of Public Safety must be credited to the General
 5     Fund of the state, except for those fees collected to recover the costs of the production, purchase, handling and mailing of
 6     documents, publications, records and data sets, and such funds shall be retained by the agency.
 7         11.    (DPS: Transfer of Funds)  Of amounts appropriated for the Department of Public Safety, an amount equal to one
 8     hundred thousand dollars must be transferred to Midlands Technical College for the Motorcycle Rider Safety Education
 9     Program.
10
11     N04 - SECTION 41 - DEPARTMENT OF CORRECTIONS
12
13         1.     (CORR: Clothes/Transportation Upon Discharge)  Whenever an inmate shall be discharged from the Department
14     of Corrections, the State Board of Corrections thereof shall furnish such inmate with a suit of common clothes, if deemed
15     necessary, and transportation from the Department of Corrections to his home, if his home be within this State, or to the
16     County from which he was sentenced if his home be without this State.
17         2.     (CORR: Extended Work Release Program Carry Forward)  Revenue derived wholly from supervisory charges paid
18     by inmates participating in the Extended Work Release Program be retained by the Department of Corrections to continue
19     the program.  Revenue collected and retained by the Department of Corrections in prior years from the Extended Work
20     Release Program be retained and carried forward to continue the Extended Work Release Program.
21         3.     (CORR: Farm Program)  Notwithstanding any provision of law to the contrary, the proceeds from the sale of all
22     excess agricultural products produced by the Farm Program of the South Carolina Department of Corrections shall be
23     retained by that agency to be utilized in the expansion and modernization of the program.
24         4.     (CORR: Sale of Products)  In addition to sales currently authorized by statute, all articles or products produced by
25     the Department of Corrections may be sold on the open market; those articles or products not provided for by statute, are
26     sold and distributed through wholesalers and jobbers within this State.
27         5.     (CORR: Habilitation Unit for Developmentally Disabled)  Notwithstanding any other provision of law to the
28     contrary, the excess revenue generated by the Adult Work Activity Center be returned to the Department of Corrections to
29     be utilized in the expansion and modernization of the Habilitation Unit for the Developmentally Disabled.
30         6.     (CORR: Canteen Operations)  Revenue derived wholly from the Canteen operations within the Department of
31     Corrections on behalf of the inmate population, may be retained and expended by the Department for the continuation of
32     the operation of said Canteens and the welfare of the inmate population.  The Canteen operation is to be treated as an
33     enterprise fund within the Department of Corrections and is not to be subsidized by State Appropriated Funds.
34         7.     (CORR: Contract for Services)  Upon initiation by the South Carolina Department of Corrections, and upon prior
35     approval by the Budget and Control Board, the Department of Corrections may contract for any and all services, but such
36     services must (1) demonstrate reasonably comparable, cost-effectiveness to traditional methods of construction, (2) result
37     in long-term operational cost-savings, (3) result in the provision of a new facility of sufficient bed, program, and support
38     space more expeditiously than traditional methods, and (4) be subject to the year-to-year appropriation process of the
39     General Assembly and state procurement procedures.
40         8.     (CORR: Contract Performance Funded Literacy Instruction)  Of funds appropriated for the Palmetto Unified School
41     District Contractual Services, $75,000 must be used for contracting with private sector education providers for performance-
42     funded literacy instruction.  Contractors would be paid only for student progress on quantifiable performance measurements.

DEPARTMENT OF CORRECTIONS                                                                                      PAGE 483

 1         9.     (CORR: E.H. Cooper Trust Fund)  Notwithstanding any provision of law to the contrary, the Commissioner of the
 2     Department of Corrections, at his discretion, may utilize interest generated from the fund created by interest which accrued
 3     to the E.H.  Cooper Trust Fund and was retained by the Department of Corrections in prior years.  The Commissioner may
 4     use these funds for special projects benefiting the general welfare of all inmates in the custody of the Board of Corrections.
 5         10.   (CORR: Work Release Program Transportation Fee)  The Department is authorized to charge a one dollar ($1.00)
 6     per day transportation fee to participants in the work release program.
 7         11.   (CORR: Instructional Salaries)  The certified instructional personnel of the Department of Corrections shall receive
 8     a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional
 9     personnel throughout the State.
10         12.   (CORR: Turbeville Correctional Institution)  Funds appropriated herein shall be used for the opening and operating
11     of the Turbeville Correctional Institution during the current fiscal year.
12         13.   (CORR: Ridgeland Correctional Institution)  Of funds appropriated for the Housing, Care, Security and Supervision
13     Other Operating Expenses, $141,758 must be used to provide funding for water and sewer availability for the prison located
14     in Ridgeland, in accordance with contractual commitments.
15         14.   (CORR: Ridgeland 24-Hour Security)  Of funds authorized in this section for Housing, Care and Security, $200,000
16     and 8 FTEs shall be used to provide 24-hour security at the Ridgeland Correctional Institution.
17         15.   (CORR: Recreational Scoreboards and Bleachers)  The recreational scoreboards and bleachers determined to be
18     surplus by the South Carolina Department of Corrections may be donated by the Department to the school district in which
19     the donating institution is located.  In the event the school district does not have need for such equipment, it may then be
20     offered to any school district within the county in which the institution is located.
21         16.   (CORR: Funding Through State Criminal Assistance Program)  All funds received by the State from the United
22     States Department of Justice, State Criminal Alien Assistance Program, for care and custody of illegal aliens housed in the
23     state correctional facilities shall be retained by the South Carolina Department of Corrections to offset incurred expenses.
24         17.    (CORR: Medical Expenses)  The Department of Corrections shall be authorized to charge inmates for any medical
25     treatment or consultation provided at the request of or initiated by the inmate.  Inmates shall not be charged for
26     psychological or mental health visits.
27         18.    (CORR: Surplus Farm Produce)  The Department of Corrections shall be authorized to sell surplus farm produce,
28     with any funds generated to be utilized by the Department to offset costs of the farming operation.
29         19.    (CORR: Remedial Education Funding)  A criminal offender committed to the custody of the Department of
30     Corrections, who has been evaluated to function at less than an eighth grade educational level, or less than the equivalent
31     of an eighth grade educational level, may be required by Department officials to enroll and actively participate in academic
32     education programs.  Funds appropriated to the Department of Corrections for educational programs shall be prioritized to
33     assure such remedial services are provided.
34
35     N08 - SECTION 42 - DEPARTMENT OF PROBATION, PAROLE AND PARDON
36
37         1.      (DPPP: Hearing Fee)  The Department of Probation, Parole and Pardon Services shall receive a hearing fee under
38     a plan approved by the Budget and Control Board.
39         2.      (DPPP: Electronic Monitoring Fee Assessment)  Every person placed on electronic monitoring shall be assessed
40     a fee to be determined by the Department in accordance with SC Code §24-21-80, so long as he remains in the electronic
41     monitoring program.  The payment of the fee must be a condition of parole or probation and a delinquency of two months

DEPARTMENT OF PROBATION, PARDON AND PAROLE                                                                     PAGE 484

 1     or more in making payments may operate as a revocation.  All fees generated by this assessment shall be retained by the
 2     department to support the electronic monitoring program and carried forward for the same purpose.
 3         3.      (DPPP: Electronic Monitoring Program)  Of the funds appropriated to the Department of Probation, Parole and
 4     Pardon Services for community corrections, other operating expenses, the Department may expend up to $1,333,333 for
 5     the expansion of existing community electronic monitoring of criminal offenders under the jurisdiction of the Department.
 6     In addition, before September 1, 1996, the Department shall develop and submit a plan to the Senate Corrections and
 7     Penology Committee and the House Judiciary Committee identifying additional offender populations to be placed on
 8     electronic monitoring and any necessary statutory revisions or additional funding required in order to fully implement this
 9     plan.  Offenders placed on electronic monitoring must be selected pursuant to criteria developed by the Department, and
10     no offenders may be placed on electronic monitoring unless the offender is in a population that is within the purview of the
11     Department's electronic monitoring authority.
12         4.      (DPPP: Restitution Collection)  All funds generated by the twenty percent collection fee in accordance with S.C.
13     Code 24-21-490 (B) shall be retained by the Department to support the Restitution Collection Program and shall be carried
14     forward for the same purpose.
15
16     N12 - SECTION 43 - DEPARTMENT OF JUVENILE JUSTICE
17
18         1.     (DJJ: Meal Ticket Revenue)  The revenue generated from sale of meal tickets by the Department of Juvenile Justice
19     shall be retained and carried forward into the current fiscal year by the agency and expended for the operation of the agency's
20     cafeterias and food service programs.
21         2.     (DJJ: Interstate Compact/Juvenile Restitution Programs Revenue)  The revenue returned to the Interstate Compact
22     Program and the revenue returned from the Juvenile Restitution Program shall be retained and carried forward into the
23     current fiscal year by the Agency and expended for the Operation of the respective program areas.
24         3.     (DJJ: Educational Funds Audit)  Notwithstanding the provisions of the Education Finance Act, the South Carolina
25     Department of Juvenile Justice shall have its educational funds audited by the Office of the State Auditor pursuant to a
26     schedule established by the State Auditor, and said audit shall be sufficient to satisfy the timetable for audits required in
27     Regulation 43175.
28         4.     (DJJ: Children's Projects Revenue)  Funds generated from the projects undertaken by children under the supervision
29     of the Department of Juvenile Justice may be retained by the Department and utilized for the benefit of those children.  Such
30     funds may be carried forward into the following fiscal year.
31         5.     (DJJ: Report on Children Detained Before Adjudication)  The South Carolina Department of Juvenile Justice shall
32     compile data for one year following the effective date of an Act of 1990 passed pursuant to Senate Bill 1485, and that data
33     must reflect the total number of children detained before adjudication, the reasons for those detentions, the average length
34     of those detentions, the percentage of children needing treatment services, and the types of treatment services needed
35     including, but not limited to, the number of children needing mental health services and the number of children needing
36     alcohol and drug abuse treatment.  This data must be reported on a quarterly basis to the Joint Legislative Committee on
37     Children.
38         6.     (DJJ: Revenues Generated)  All revenues generated from USDA federal grants, the Education Finance Act (EFA),
39     the Detention Center, and Medicaid federal funding may be retained, carried forward into current fiscal year, and expended
40     by the Department of Juvenile Justice, in accordance with applicable regulations, for the costs associated with these
41     programs.

DEPARTMENT OF JUVENILE JUSTICE                                                                                 PAGE 485

 1         7.     (DJJ: Instructional Salaries)  The certified instructional personnel of the Department of Juvenile Justice shall receive
 2     a percentage increase in their annual salary for the current fiscal year equal to the percentage allocated to the instructional
 3     personnel throughout the State.
 4         8.      (DJJ: Juvenile Justice Parole Board Compensation)  The Department is authorized to pay the Juvenile Justice Parole
 5     Board member up to $200 per day for services rendered to the agency in the performance of their official duties.  The total
 6     amount of agency funds which can be utilized in this manner cannot exceed $48,000 per year.
 7         9.      (DJJ: Electronic Monitoring Program)  Of the funds appropriated to the Department of Juvenile Justice for
 8     community corrections, other operating expenses, the Department may expend up to $666,667 for the creation of community
 9     electronic monitoring of juvenile offenders under the jurisdiction of the Department.  In addition, before September 1, 1996,
10     the Department shall develop and submit a plan to the Senate Corrections and Penology Committee and the House Judiciary
11     Committee identifying additional offender populations to be placed on electronic monitoring and any necessary statutory
12     revisions or additional funding required in order to fully implement this plan.  Offenders placed on electronic monitoring
13     must be selected pursuant to criteria developed by the Department, and no offenders may be placed on electronic monitoring
14     unless the offender is in a population that is within the purview of the Department's electronic monitoring authority.
15         10.    (DJJ: CCA Oversight Team)  In  order to oversee the Corrections Corporation of America (CCA) contract to reduce
16     the juvenile population of the Department of Juvenile Justice, there is hereby created an Oversight Team, which shall consist
17     of representatives from the following agencies: the Department of Mental Health, the Department of Juvenile Justice, the
18     Department of Corrections and the Department of Social Services.  These representatives shall be appointed by the agency
19     heads from each respective agency.  The purpose of the Oversight Team is to monitor, on a 24-hour basis as long as the
20     contract is in effect, the conditions at the facility.  The team is directed to work closely with the compliance monitor at the
21     facility.  The Oversight Team shall submit a monthly report on the conditions and practices at CCA to the Senate Finance
22     Committee, House Ways and Means Committee and the Juvenile Justice Task Force.