S 1296 Session 111 (1995-1996)
S 1296 General Bill, By Thomas
Similar(S 1293, H 4657)
A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
16-3-1535 so as to provide that all law enforcement agencies shall provide
crime victims with a copy of the crime incident report relating to their case
and certain other information; to add Section 16-3-1537 so as to require a
criminal sentencing judge to apply amounts forfeited to the court by a person
pursuant to Section 17-15-90 toward the payment of restitution the court
orders the person to pay; to add Section 17-1-18 so as to require the State
Supreme Court to promulgate rules to allow an appeal of certain court orders
if a victim impact statement was not considered by the court or if a
reasonable amount of restitution was not ordered; to add Section 24-21-490 so
as to provide that the Department of Probation, Parole, and Pardon Services
shall collect and distribute restitution, the procedure for collecting and
distributing restitution, the maintenance of a minimum number of restitution
beds and publishing of an annual report concerning the State's efforts to
collect restitution and other fees; to amend Section 16-3-1110, as amended,
relating to definitions contained in certain provisions regarding the
compensation of victims of crime, so as to provide a definition of
"restitution"; and to amend Section 16-3-1530, as amended, relating to the
rights of victims and witnesses, so as to provide the amount of restitution a
judge must order an offender to pay.
03/27/96 Senate Introduced and read first time SJ-6
03/27/96 Senate Referred to Committee on Corrections and Penology SJ-6
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA,
1976, BY ADDING SECTION 16-3-1535 SO AS TO PROVIDE
THAT ALL LAW ENFORCEMENT AGENCIES SHALL
PROVIDE CRIME VICTIMS WITH A COPY OF THE CRIME
INCIDENT REPORT RELATING TO THEIR CASE AND
CERTAIN OTHER INFORMATION; TO ADD SECTION
16-3-1537 SO AS TO REQUIRE A CRIMINAL SENTENCING
JUDGE TO APPLY AMOUNTS FORFEITED TO THE COURT
BY A PERSON PURSUANT TO SECTION 17-15-90 TOWARD
THE PAYMENT OF RESTITUTION THE COURT ORDERS THE
PERSON TO PAY; TO ADD SECTION 17-1-18 SO AS TO
REQUIRE THE STATE SUPREME COURT TO PROMULGATE
RULES TO ALLOW AN APPEAL OF CERTAIN COURT
ORDERS IF A VICTIM IMPACT STATEMENT WAS NOT
CONSIDERED BY THE COURT OR IF A REASONABLE
AMOUNT OF RESTITUTION WAS NOT ORDERED; TO ADD
SECTION 24-21-490 SO AS TO PROVIDE THAT THE
DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES SHALL COLLECT AND DISTRIBUTE
RESTITUTION, THE PROCEDURE FOR COLLECTING AND
DISTRIBUTING RESTITUTION, THE MAINTENANCE OF A
MINIMUM NUMBER OF RESTITUTION BEDS AND
PUBLISHING OF AN ANNUAL REPORT CONCERNING THE
STATE'S EFFORTS TO COLLECT RESTITUTION AND
OTHER FEES; TO AMEND SECTION 16-3-1110, AS
AMENDED, RELATING TO DEFINITIONS CONTAINED IN
CERTAIN PROVISIONS REGARDING THE COMPENSATION
OF VICTIMS OF CRIME, SO AS TO PROVIDE A DEFINITION
OF "RESTITUTION"; AND TO AMEND SECTION
16-3-1530, AS AMENDED, RELATING TO THE RIGHTS OF
VICTIMS AND WITNESSES, SO AS TO PROVIDE THE
AMOUNT OF RESTITUTION A JUDGE MUST ORDER AN
OFFENDER TO PAY.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 16-3-1535. All law enforcement agencies shall
provide crime victims, free of charge, a copy of the crime incident
report relating to their case and a document which describes the
statutory rights the State grants crime victims in criminal cases and
list the local crime victim assistance providers. The statutory rights
contained in this document shall include the right to:
(1) receive restitution;
(2) be informed about the criminal justice process;
(3) due process in a criminal court proceeding;
(4) be treated with dignity and compassion; and
(5) protection from intimidation and harm."
SECTION 2. The 1976 Code is amended by adding:
"Section 16-3-1537. A sentencing judge must use any
security which was given or pledged for a person's release and
forfeited pursuant to Section 17-15-90 as a portion of any
restitution the person is ordered to pay pursuant to Section
16-3-1530(D)(3)."
SECTION 3. The 1976 Code is amended by adding:
"Section 17-1-18. The Supreme Court shall promulgate
rules that allow a solicitor, the Attorney General, or a crime
victim's legal representative the right to appeal a sentence on behalf
of a crime victim if the victim's victim impact statement was not
considered by the court or if a reasonable amount of restitution was
not ordered."
SECTION 4. The 1976 Code is amended by adding:
"Section 24-21-490. (A) The Department of Probation,
Parole, and Pardon Services shall have the responsibility for
collecting and distributing restitution.
(B) The department must deposit five-sixths of any restitution
collected from persons assigned to general probation supervision,
intensive probation supervision, or community supervision in a
restitution fund. These funds must be distributed to the appropriate
crime victims on a monthly basis.
(C) The department must deposit one-sixth of any restitution
collected from persons contained in subsection (A) in a special
collections unit fund.
(D) The department shall use the resources contained in
subsection (C) and other funds to establish a special collections unit
to work with offenders who are not able to fully meet their
restitution obligations. The special collections unit may initiate
civil actions against an offender which may include:
(1) wage garnishment;
(2) garnishment of state income tax refunds; or
(3) the suspension of a state benefit.
(E) The special collections unit may recover an outstanding
balance of community reparations and offender rehabilitation and
supervision fees.
(F) The department shall use seventy-five percent of the funds
deposited in the special collections unit fund to finance the
development and operation of the special collections unit. The
remaining twenty-five percent of the funds must be given on a pro
rata basis to the probation agents who collected the restitution.
(G) The special collections unit may hire private collection
agencies to collect delinquent restitution, fines, and fees owed by
community supervision offenders. These agencies may add a
service charge of not more than twenty percent to the delinquent
amount.
(H) The department shall require a person assigned to general
probation supervision, and community supervision to remit ten
dollars a month to the department to be placed in an offender
restitution and work fund.
(I) The department may hire indigent probation and community
supervision offenders who have restitution obligations to perform
public service work to earn money to meet these obligations. As
these offenders accumulate public service work hours, their
restitution obligations are to be paid out of the offender restitution
and work fund. The compensation rate shall not exceed the current
federal minimum wage. If the offender is serving community
service hours pursuant to a court order, he shall complete those
hours before being allowed to have his restitution obligations paid
from the offender restitution and work fund.
(J) The department may establish the wage rate to be paid from
the offender restitution and work fund and establish payment
ceilings for individual crimes to maintain the solvency of the fund.
(K) The department shall develop a comprehensive,
computerized accounting, billing, and collection system to record all
financial obligations owed by probation and community supervision
offenders. The department annually may use not more than twenty
percent of the funds deposited in the offender restitution and work
fund to develop and operate this system.
(L) All funds in the restitution fund that remain unclaimed by a
crime victim for more than eighteen months must be transferred to
the South Carolina Victim's Compensation Fund.
(M) The department must maintain a minimum of five restitution
center beds for every one thousand offenders supervised by the
department.
(N) The department shall publish an annual report that provides
detailed statistical information concerning the State's efforts to
collect restitution and fees from probationary and community
supervision offenders."
SECTION 5. Section 16-3-1110 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended by adding at the
end:
"(12) `Restitution' means payment for all injuries, losses,
and expenses sustained by a crime victim resulting from an
offender's criminal conduct. It includes, but is not limited to:
(a) medical and counseling expenses;
(b) damages or economic losses;
(c) funeral expenses and related costs;
(d) vehicle impoundment fees;
(e) child care costs; and
(f) transportation related to a victim's participation in the
criminal justice process.
Secondary victims and third-party payees, excluding an
offender's insurer, may receive restitution.
Restitution does not include:
(a) awards for pain and suffering;
(b) wrongful death;
(c) emotional distress; or
(d) loss of consortium.
Restitution orders do not limit additional civil claims a crime
victim may file."
SECTION 6. Section 16-3-1530(D)(3) of the 1976 Code, as last
amended by Sections 14 and 15 of Act 83 of 1995, is further
amended to read:
"(3) A victim has the right to receive restitution for
expenses or property loss incurred as the result of the crime. The
judge shall order restitution at every sentencing for a crime against
person or property or as a condition of probation, unless the court
finds a substantial and compelling reason not to order restitution.
The court shall diligently, fairly, and in a timely manner enforce all
orders of restitution. The restitution ordered must be an amount
equal to one hundred twenty percent of the victim's losses. The
order shall specify a monthly payment schedule that will result in
full payment to a victim by the end of eighty percent of an
offender's sentence."
SECTION 7. This act takes effect upon approval by the
Governor.
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