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TO AMEND SECTION 14-25-85, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DISPOSITION OF FINES AND PENALTIES IN THE MUNICIPAL COURTS, SO AS TO ALLOW THE CHIEF JUDGE OF THE MUNICIPAL COURT OF ANY MUNICIPALITY, WITH APPROVAL OF THE MUNICIPALITY'S GOVERNING AUTHORITY, TO ENTER INTO WRITTEN CONTRACTS WITH THE PRIVATE SECTOR TO PROVIDE COMMUNITY SUPERVISION, COUNSELING, AND COLLECTION SERVICES UNDER CERTAIN CIRCUMSTANCES AND RESTRICTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 14-25-85 of the 1976 Code is amended to read:
"Section 14-25-85. (A) All fines and penalties collected by the municipal court
shall must be forthwith turned over by the clerk to the treasurer of the municipality for which such court is held.
(B) The chief judge of the municipal court of any municipality of this State, with the approval of the governing authority of that municipality, is authorized to enter into written contracts with private corporations, enterprises, or agencies to provide community supervision, counseling, and collection services for all monies to be paid by a defendant according to the terms of the sentence imposed and any monies which by operation of law are to be paid by the defendant in consequence of the conviction, and other community supervision services for persons convicted in the court. Private corporations, enterprises, or agencies performing these contracted services are authorized to bill offenders for a monthly supervision fee for collection and other services rendered as authorized by their contract with the chief judge and approved by the governing authority; provided, however, that the monthly supervision fee may not exceed sixty dollars per month. The final contract negotiated by the chief judge with the private entity must be attached to the approval by the governing authority of the municipality or consolidated government to privatize these services as an exhibit to it."
SECTION 2. This act takes effect upon approval by the Governor.
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