H 5068 Session 110 (1993-1994)
H 5068 General Bill, By J.P. Harrelson
A Bill to amend the Code of Laws of South carolina, 1976, by adding Chapter 27
to Title 24 so as to enact the State-County Criminal Justice Partnership Act.
04/13/94 House Introduced and read first time HJ-12
04/13/94 House Referred to Committee on Judiciary HJ-12
A BILL
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976,
BY ADDING CHAPTER 27 TO TITLE 24 SO AS TO ENACT THE
STATE-COUNTY CRIMINAL JUSTICE PARTNERSHIP ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 24 of the 1976 Code is amended by adding:
"CHAPTER 27
State-County Criminal Justice Partnership Act
Section 24-27-10. This chapter may be cited as the State-County
Criminal Justice Partnership Act of 1994.
Section 24-27-20. The policy of the General Assembly with respect
to the state-county criminal justice partnership is:
(1) to support the implementation of the recommendations of the
Sentencing Guidelines Commission by providing supplementary
community-based corrections programs which appropriately punish
criminal behavior and which provide effective rehabilitative services;
(2) expand sentencing options by adding community-based
corrections programs for offenders receiving a nonincarcerative
sentence;
(3) promote coordination between state and county
community-based corrections programs; and
(4) improve public confidence in the criminal justice system by
educating the public on the role of community-based corrections
programs.
Section 24-27-30. In this chapter:
(1) `Account' means the State-County Criminal Justice Partnership
Account.
(2) `County Board' means a County Criminal Justice Partnership
Advisory Board.
(3) `Department' means The Department of Corrections.
(4) `Multi-County Board' means a Multi-County Criminal Justice
Partnership Advisory Board.
(5) `Plan' means a Community-Based Corrections Plan.
(6) `Program' means a Community-Based Corrections Program.
(7) `Director' means the Director of the Department of Corrections.
(8) `State Board' means The State Criminal Justice Partnership
Advisory Board.
Section 24-27-40. The goals of community-based programs funded
under this chapter include:
(1) to reduce the recidivism;
(2) reduce the number of probation revocations;
(3) reduce alcoholism and other drug dependencies among
offenders; and
(4) reduce the cost to the State and the counties of incarceration.
Section 24-27-50. (A) An eligible offender is an adult offender
who either is in confinement awaiting trial, or was convicted of a
misdemeanor or a felony offense and received a nonincarcerative
sentence of an intermediate punishment or is serving a term of
post-release supervision after completing an active sentence of
imprisonment.
(B) The priority populations for programs funded under this chapter
are:
(1) offenders sentenced to intermediate punishments; and
(2) offenders who are appropriate for release from jail before trial
under the supervision of a pretrial monitoring program.
Section 24-27-60. The State-County Criminal Justice Partnership
Account is created within the Department of Corrections. Revenue in
the account may be used only to make grants to counties for
supplementary community-based correctional programs for eligible
offenders in accordance with this chapter. Revenue appropriated to the
account does not revert at the end of the fiscal year; it remains in the
account for expenditures in the following fiscal year.
Section 24-27-70. (A) There is created the State Criminal Justice
Partnership Advisory Board. The state board shall act as an advisory
body to the director with regards to this chapter. The state board shall
consist of twenty-one members as follows:
(1) a member of the Senate;
(2) a member of the House of Representatives;
(3) a judge of the Court of Appeals;
(4) a judge of the Circuit Court;
(5) a solicitor;
(6) a criminal defense attorney;
(7) a county sheriff;
(8) a chief of a municipal police department;
(9) two members of the governing body of a county, one from a
predominantly urban county and one from a predominantly rural county;
(10) a representative of an existing community-based corrections
program;
(11) a member of the public who has been the victim of a crime;
(12) a rehabilitated ex-offender;
(13) a member of the business community;
(14) three members of the general public one of whom is a person
recovering from chemical dependency or who is a previous consumer of
substance abuse treatment services;
(15) a victim service provider; and
(16) a member selected from each of the following service areas:
mental health substance abuse, and employment and training.
(B)(1) The membership of the State Board is selected as follows:
(a) The Governor shall appoint the following members: the
county sheriff, the chief of a municipal police department, the member
of the public who has been the victim of a crime, a rehabilitated
ex-offender, the members selected from each of the service areas.
(b) The Lieutenant Governor shall appoint the following
members: the member of the business community, one member of the
general public who is a person recovering from chemical dependency or
who is a previous consumer of substance abuse treatment services, the
victim service provider.
(c) The Chief Justice of the South Carolina Supreme Court
shall appoint the following members: the court of appeals judge, the
circuit court judge, the solicitor, the criminal defense attorney, the
representative of an existing community-based corrections program.
(d) The President Pro Tempore of the Senate shall appoint the
following members: the member of the Senate, the member of a
governing body from a predominantly urban county, one member of the
general public.
(e) The Speaker of the House shall appoint the following
members: the member of the House of Representatives, the member of
a governing body from a predominantly rural county, and one member
of the general public.
(2) In appointing the members of the state board, the appointing
authorities shall make shall make every effort to ensure fair geographic
representation of the state board membership and that minority persons
and women are fairly represented.
(C) The initial members shall serve staggered terms one-third must
be appointed for a term of one year, one-third must be appointed for a
term of two years, and one-third must be appointed for a term of three
years. The members identified in items (1) through (7) of subsection (A)
of this section must be appointed initially for a term of one year. The
members identified in items (8) through (13) in subsection (A) of this
section must be appointed initially for a term of two years. The
members identified in items (14) through (16) of subsection (A) of this
section each must be appointed for a term of three years.
(3) At the end of their respective terms of office their successors
must be appointed for terms of three years. A vacancy occurring before
the expiration of the term of office must be filled in the same manner as
original appointments for the remainder of the term. Members may be
reappointed without limitation.
(D) Each appointing authority may remove a member it appointed
from the state board for misfeasance, malfeasance, or nonfeasance.
(E) The members of the state board shall, within thirty days after the
last initial appointment is made meet and elect one member as chairman
and one member as vice-chairman.
(F) The state board shall meet at least quarterly and may also hold
special meetings at the call of the chairman. For purposes of transacting
business, a majority of the membership constitutes a quorum.
(G) A member who has an interest in a governmental agency or unit
or private nonprofit agency which is applying for a state-county criminal
justice partnership grant or which has received a grant and which is the
subject of an inquiry or vote by a grant oversight committee, shall
publicly disclose that interest on the record and may take no part in
discussion or have any vote in regard to any matter directly affecting
that particular grant applicant or grantee. `Interest' in a grant applicant
or grantee means a formal and direct connection to the entity including,
but not limited to, employment, partnership, serving as an elected
official, board member, director, officer, or trustee, or being an
immediate family member of someone who has such a connection to the
grant applicant or grantee.
(H) The members of the state board shall serve without
compensation but must be reimbursed for necessary travel and
subsistence expenses.
Section 24-27-80. The State Criminal Justice Partnership Advisory
Board has the following duties:
(1) recommend community-based corrections program priorities;
(2) review the application process and procedures for funding
community-based correction programs, including the format for
comprehensive community-based corrections plans;
(3) review the criteria for monitoring and evaluating
community-based corrections programs;
(4) distribute an annual plan which describes the community-based
corrections program priorities, and the application process and
procedures for funding community-based corrections programs,
including the format for comprehensive community-based corrections
plans. The annual plan also must announce the amount of funds
appropriated to the state-county criminal justice partnership account.
(5) coordinate community-based corrections programs administered
by the state agencies and programs funded under this chapter;
(6) review plans of participating counties and based on the state
board's annual plan, to make recommendations to the director to provide
grant funding to counties for implementing and operating
community-based corrections programs;
(7) review the minimum program standards, policies, and rules for
community-based corrections programs; and
(8) evaluate the effects of categories of programs funded by this
chapter and prepare the written report.
Section 24-27-90. In addition to those otherwise provided by law,
the Department of Corrections has the following duties:
(1) provide technical assistance to applicants in developing,
implementing, monitoring, evaluating, and operating community-based
corrections programs;
(2) enter into contractual agreements with county boards for the
operation of community-based corrections programs and monitor
compliance with those agreements;
(3) act as an information clearinghouse regarding community-based
corrections programs;
(4) review plans of participating counties and to approve grants
based on applications to assist them in the implementation and operation
of community-based corrections programs;
(5) develop policies and procedures for the disbursement of grant
funds to participating counties on a reimbursement basis;
(6) develop the minimum program standards policies, and rules for
community-based corrections programs; and
(7) in instances of substantial noncompliance, the director shall
notify the governing bodies of the counties, the county community
corrections advisory board and the chief administrator of the program in
writing of the allegations and allow sixty days for a response. If an
agreement is reached concerning a remedy then the director shall allow
thirty days following that agreement for the remedy to be implemented.
If the deficiencies are not corrected within this period then the director
may, upon written notice, suspend any or all of the grant funds until
compliance is achieved.
Section 24-27-100. A county may elect to apply for funding under
this chapter by a vote of the governing body of the county approving the
decision to apply, and by appointing a county criminal justice
partnership advisory board. Two or more counties, by vote of the
governing body of each county, may agree to create a multicounty board
instead of a county board. A multicounty board shall perform the same
functions as a county board for each county that participates in
establishing the multicounty board. The board or boards of the
governing body of each county shall notify the director of the intent to
apply for funds within sixty days of receiving notification of the
availability of funds and may request technical assistance to develop the
community-based corrections plan.
Section 24-27-110. (A) A county board or multicounty board shall
consist of not less then ten members and shall to the greatest extent
possible, include the following:
(1) a member of the governing body of a county. In the case of
a multicounty community corrections advisory board, one member of the
governing body of a county from each participating county shall serve
as a member;
(2) a chief executive officer of a county or his designee;
(3) a judge of the court of appeals;
(4) a judge of the circuit court;
(5) a solicitor, or his designee;
(6) a criminal defense attorney;
(7) a public defender;
(8) a county sheriff, or the sheriff's designee;
(9) a chief of a municipal police department, or his designee;
(10) a probation officer;
(11) a community service coordinator;
(12) one member selected from each of the following service areas
which are available in the county or counties: mental health, public
health, substance abuse employment and training, community-based
corrections programs, victim services programs;
(13) a member of the business community;
(14) a member of the community who has been a victim of a crime;
and
(15) members at-large, including persons who are recovering from
chemical dependency or are previous consumers of substance abuse
treatment services.
(B) In the case of a single county board, the governing body of the
county shall appoint the members. In the case of a multicounty board,
the governing body of the county from the participating counties shall
each appoint one member of the governing body of a county as a
member. These members shall appoint the other members. The
governing body of each county may designate an existing board which
meets the requirements of this section to serve as the County Criminal
Justice Partnership Advisory Board. A member may be removed, with
cause by the group authorized to make the initial appointment.
(C) Before an appointment is made under this section, the appointing
authority shall publish advance notice of the appointments and shall
request that the names of persons interested in being considered for
appointment be submitted to the appointing authority. In appointing the
members of a county board, the county shall make every effort to ensure
that minority persons and women are fairly represented.
(D) The initial members of the county board appointed by the board
or boards of county commissioners shall serve staggered terms, one-third
must be appointed for a term of one year one-third must be appointed for
a term of two years, and one-third must be appointed for a terms of three
years. Members appointed by virtue of their office serve only while
holding the office or position held at the time of appointment. A
vacancy occurring before the expiration of the term of office must be
filled in the same manner as original appointments for the remainder of
the term. Members may be reappointed without limitation.
(E) The members of the county board shall, within thirty days after
the last initial appointment is made, meet and elect one member as
chairman and one member as vice-chairman and appoint one a
secretary-treasurer who need not be a member. For purposes of
transacting business, a majority of the membership constitutes a quorum.
(F) The county board shall meet at least quarterly and also may hold
special meetings at the call of the chairman.
(G) Any member who has an interest in a governmental agency or
unit or private nonprofit agency which is applying for a State-County
Criminal Justice Partnership Act grant and which has received a grant
and which is the subject of an inquiry or vote by a grant oversight
committee shall publicly disclose that interest on the record and shall
take no part in discussion or have any vote in regard to any matter
directly affecting that particular grant applicant or grantee. `Interest' in
a grant applicant or grantee means a formal and direct connection to the
entity including, but not limited to, employment, partnership, serving as
an elected official, board member, director, officer or trustee, or being
an immediate family member of someone who has a connection to the
grant applicant or grantee.
(H) The governing body or bodies of a county or counties shall
provide necessary assistance and appropriations to the county board
established for that county or counties.
Section 24-27-120. The county criminal justice partnership advisory
board has the following powers and duties:
(1) To participate in a planning process to develop a
community-based corrections plan. The purpose of this planning
process is to:
(a) examine the local criminal justice system;
(b) identify problem areas;
(c) identify offender groups for programs;
(d) propose strategies for improving the local criminal justice
system;
(e) identify a specific community-based program that is needed;
(f) plan a method for integrating the needed community-based
program into the existing local criminal justice system;
(g) develop criteria for evaluating the impact of the
community-based program; and
(h) improve coordination at the local level between state and
county community-based corrections programs.
(2) To submit the plan to the governing body or bodies of a county
or counties for approval within one year of the last appointment to the
governing body. This plan includes all of the elements required by this
section.
(3) To review and revise the plan and make a formal
recommendation to the governing body or bodies of a county or counties
at least annually concerning the plan and its implementation and
operation during the ensuing year.
(4) To monitor and evaluate the impact of the community-based
corrections program and prepare a written report.
Section 24-27-130. (A) The community-based corrections plan must
include the following:
(1) a flowchart of the criminal justice system which describes
processing steps from the point of arrest through conviction, to
post-release supervision after completing an active sentence of
imprisonment. The flowchart shall identify all decision points, decision
makers, and options;
(2) number and rate of arrests, convictions, admissions to
probation, jail, prison, and post-release supervision;
(3) arrest practices and data, including the use of citations;
(4) pretrial release practices and data on type of release and bond
amounts;
(5) procedures for assignment of indigent counsel;
(6) court procedures for reducing bond amounts;
(7) jail capacity and population data by type of offender;
(8) the jail population by type of offender, type of offenses, and
average length of stay;
(9) existing state and county community-based pretrial, sentenced,
and post-release corrections programs including target population,
program activities, profile of offenders entering and released from the
program, length of stay, and completion rates;
(10) education, vocation-employment, health, mental health,
housing, and other social services which are available to offenders; and
(11) number of offenders who received an active sentence in the
past two years, including type of offense, length of sentence, and actual
time served.
(B) Based on the information collected in subsection (A) of this
section, the plan shall include a detailed description of the need for the
proposed community-based corrections program, the offender
population the proposed program will target, the changes that are
planned in local policies, and procedures to accommodate the proposed
program, and how the proposed program will be integrated into the
criminal justice system.
(C) The proposed program shall target adult offenders who either are
in confinement awaiting trial, were convicted of a misdemeanor or a
felony offense, and received a nonincarcerative sentence of an
intermediate punishment, or are serving a term of post-release
supervision after completing active sentences of imprisonment. The
priority populations must be offenders sentenced to intermediate
punishments offenders who are appropriated for release from jail before
trial under the supervision of a pretrial monitoring program.
(D) Technical assistance to complete the plan must be provided
either by the department or the department shall grant funds to the
county for technical assistance. If a county receives technical assistance
funds, the county must provide twenty-five percent of the grant amount.
Section 24-27-140. (A) Upon approving the community-based
corrections plan, the governing body of bodies of the county or counties
shall submit the plan and an application for implementation funding.
The application shall contain the following:
(1) a description of the program, including specific date and
information concerning the population the proposed community-based
corrections program is to serve;
(2) a description of the program's goals, objective activities, and
how it relates to the annual plan distributed by the state board;
(3) a description of the operation of the program including an
outline of the approach, implementation steps and phases of the
program, its administrative structure, staffing pattern, staff training,
financing, degree of community involvement, and offender participation;
(4) a description of the program's monitoring criteria, outlining
the documentation and records to be maintained;
(5) a description of the method for evaluating the impact of the
program;
(6) the identity of any designated contractor;
(7) in the case of a multicounty community-based corrections
plan, provisions for the appointment of a fiscal agent to coordinate the
financial activities pertaining to the grant award; and
(8) a detailed budget for the program.
(B) The director shall complete the review of the plan within ninety
days of submission. Failure to disapprove or recommend amendment to
the plan within ninety days shall constitute approval.
Section 24-27-150. (A) Fundable programs under this chapter shall
include community-based corrections programs which are operated
under a county community-based corrections plan and funded by the
state subsidy provided in this chapter. The programs may include, but
are not limited to, the following:
(1) for offenders who receive intermediate punishments;
(a) residential facilities;
(b) day reporting centers;
(c) restitution centers;
(d) substance abuse services; and
(e) employment services.
(2) for offenders who are appropriate for release from jail before
trial;
(a) pretrial monitoring services; and
(b) pretrial electronic surveillance.
(3) for offenders who are serving a term of post-release
supervision after completing active sentences of imprisonment the
offender shall receive aftercare support services.
(B) When a county receives more than fifty thousand dollars in
community-based corrections funds, then that county shall use at least
fifty percent of those funds to develop programs for offenders who
receive intermediate punishments.
(C) Community-based corrections funds may be used to operate
programs and may also be used to construct, acquire, or renovate
community facilities established to provide the programs and services
set forth in subsection (A) of this section. Construction and renovation
funds may not be used for jails. Construction and renovation funds may
not be used to reimburse expenses for any facilities renovated before the
effective date of this chapter.
Section 24-27-160. (A) To determine the grant amount for which a
county or counties may apply, the granting authority shall apply the
following formula:
(1) twenty percent of the total fund must be distributed in the
discretion of the director to encourage innovative efforts to develop
multicounty projects; to encourage cooperation and collaboration among
existing services and avoid duplication of efforts; to encourage the
renovation of existing facilities; and to encourage innovative substance
abuse programs.
(2) Of the remaining eighty percent of the fund, a total funding
amount will be set for each county based upon the following variables:
(a) twenty percent based on a fixed equal dollar amount for
each county;
(b) sixty percent based on the county share of the state
population; and
(c) twenty percent based on the supervised probation
admissions rate for the county.
(B) The sum of the amounts in (a), (b), and (c) is the total amount of
the funding that a county may apply for under this subsection.
Section 24-27-170. (A) To continue to receive funding under this
chapter, a county shall submit an updated application for implementation
funding to the director at the beginning of each fiscal year.
(B) To remain eligible for funding, a county shall:
(1) comply with its community-based corrections plan;
(2) submit monitoring reports as required by the department; and
(3) comply with the minimum standards adopted.
(C) If the director suspends any or all of the grant funds, the county
may request a hearing.
Section 24-27-180. A county receiving financial aid under this
chapter may terminate its participation by delivering a resolution of the
governing body or bodies of the county or counties to the director at the
beginning of any calendar quarter. Upon withdrawal from the program,
the governing body of the county may adopt a resolution stating that it
is in the best interests of the county that the county community
corrections advisory board be dissolved, the governing body or bodies
of the county or counties shall pay and discharge any debts or liabilities
of the advisory board, collect, and distribute assets of the advisory board
under the laws of this State and pay over any remaining proceeds or
property to the proper fund.
Section 24-27-190. After the county criminal justice partnership
advisory board has developed a plan, and the governing body or bodies
of the county or counties has reviewed it, if the county decides that it
does not intend to operate the proposed program the county criminal
justice partnership advisory board shall recommend the appropriate
deliverer of services and the county may contract for services.
Section 24-27-200. (A) Counties may not use funds received under
this chapter to supplant or replace existing funds or other resources from
the federal, state, or county government for existing community-based
corrections programs.
(B) Counties may not use funds received under this chapter for
indirect costs associated with a program."
SECTION 2. This act takes effect January 1, 1995.
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