H 3961 Session 109 (1991-1992)
H 3961 General Bill, By Hayes, S.G. Manly and S.S. Wofford
A Bill to amend Title 16, Chapter 3, Code of Laws of South Carolina, 1976, by
adding Article 16 so as to create the Crime Victim's Ombudsman and provide for
powers and duties.
04/30/91 House Introduced and read first time HJ-11
04/30/91 House Referred to Committee on Medical, Military,
Public and Municipal Affairs HJ-11
04/15/92 House Committee report: Favorable with amendment
Medical, Military, Public and Municipal Affairs HJ-8
04/29/92 House Objection by Rep. Cobb-Hunter HJ-282
04/29/92 House Debate adjourned until Thursday, April 30, 1992 HJ-282
05/05/92 House Objection by Rep. Glover, Jennings, Delleney &
Scott HJ-26
COMMITTEE REPORT
April 15, 1992
H. 3961
Introduced by REPS. Hayes, Wofford and Manly
S. Printed 4/15/92--H.
Read the first time April 30, 1991.
THE COMMITTEE ON MEDICAL,
MILITARY, PUBLIC AND MUNICIPAL
AFFAIRS
To whom was referred a Bill (H. 3961), to amend Title 16, Chapter
3, Code of Laws of South Carolina, 1976, by adding Article 16 so as to
create the crime victim's ombudsman, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking /Ombudsman/ and
/ombudsman/ wherever it appears in the bill and inserting /Advocate/
and /advocate/ respectively.
When amended the bill reads:
/"Article 16
Crime Victim's Advocate
Section 16-3-1610. Definitions.
As used in this article:
(1) `Appropriate authority' means a person who is the subject of
a complaint to the crime victim's advocate or a person within the agency
who is in a supervisory position with regard to one who is the subject of
a complaint.
(2) `Elements of the criminal and juvenile justice system' means
circuit solicitors and members of their staff; law enforcement officers;
probation, parole, and correction officers; the judiciary; the Department
of Youth Services; state officials involved in the criminal justice system;
and any state, county, or municipal victim advocacy personnel.
(3) `Victim assistance program' means an entity which provides,
is required by law to provide, or claims to provide services and
assistance to victims on an ongoing basis.
Section 16-3-1620. Office Created.
The office of Crime Victim's Advocate for South Carolina is created.
The advocate is appointed by the director of the State Office of Victim
Assistance (SOVA) with the advice of the South Carolina Advisory
Board for Victim Assistance, and serves at the pleasure of the State
Office of Victim Assistance director. The advocate is accountable
directly to the director of the State Office of Victim Assistance. The
State Office of Victim Assistance shall develop the procedures necessary
to implement the provisions of this act.
Section 16-3-1630. Duties.
(A) The advocate shall investigate complaints concerning possible
violations of the rights of crime victims or witnesses provided in the
Victim's and Witness's Bill of Rights, the delivery of victims' services by
victims assistance programs, and other complaints of mistreatment by
elements of the criminal and juvenile justice system or victim assistance
programs.
(B) The advocate shall act as a liaison between agencies, either in
the criminal justice system or in victim assistance programs, and victims
and witnesses.
(C) A toll free telephone number must be established to contact
the advocate to answer questions concerning the criminal justice system
and victims' services unless the information requested is restricted. The
advocate shall establish a procedure for referral when services are
requested by crime victims or considered by him to be necessary.
(D) Information and files received by the advocate are confidential
during the course of an investigation or while the files are active and
retain their confidential status upon completion of the investigation or
when the files are placed on inactive status.
Section 16-3-1640. Powers.
The advocate has the power necessary to carry out the duties set forth
in Section 16-3-1630, including:
(1) to investigate any action of the criminal justice system or
a victim assistance program;
(2) to request and obtain access to information pertaining to
a complaint. The advocate shall request and obtain access to police
reports pertaining to juveniles and juvenile delinquency petitions. Any
information received by the advocate retains its data classification while
in the advocate's possession. Juvenile records obtained under this
section may be released only in accordance with provisions of the
Children's Code;
(3) to inform in writing the complainant, the investigated
person or entity, and other appropriate authorities, including the
Attorney General and the Chief Justice of the Supreme Court, of any
action taken after completing an investigation. If the complaint involves
the conduct of the criminal justice system in relation to a criminal or
civil proceeding, the advocate's findings must be forwarded to the court
in which the proceeding occurred.
Section 16-3-1650. No compelled testimony.
The advocate or any member of his staff may not be compelled to
testify in a court with respect to matters involving the exercise of official
duties except as may be necessary to enforce the provisions of this
section.
Section 16-3-1660. Recommendations.
Upon finding that a complaint is valid after an investigation, the
advocate shall recommend action to the appropriate authorities, which
within a reasonable time period, shall inform the advocate about the
action taken or the reason for not complying with the recommendation.
Section 16-3-1670. Compliances.
The State Office of Victim Assistance shall develop procedures for
monitoring actions recommended in cases of noncompliance with the
law. The agency shall provide technical assistance and training, if
necessary, with the investigated agency to help assure future
compliance. Refusal by the investigated agency to cooperate with the
advocate shall result in a complaint by the advocate to the appropriate
federal, state, or local authority with program or fiscal accountability for
the services provided by the investigated agency. The federal, state, or
local authority shall forward a report of action taken to an oversight
committee established by the General Assembly with representation
from the Governor annually to review summary information on
compliance with the law. The State Office of Victim Assistance shall
submit an annual report summarizing noncompliance issues and
recommending solutions to the oversight committee."
SECTION 2. Analysis lines following each code section in this bill
are for informational purposes only and are not part of the code itself.
SECTION 3. This act takes effect upon approval by the
Governor./
Amend title to conform.
DAVE C. WALDROP, JR., for Committee.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First Year $-0-
2. Estimated Cost to State-Annually
Thereafter $-0-
H. 3961, if enacted, will amend Title 16, Chapter 3 of the 1976 Code
by adding Article 16 to create the Crime Victim's Ombudsman for South
Carolina under the State Workers' Compensation Fund and establish the
duties and powers of the Ombudsman.
This Bill will not affect State Funds; however, Other funds will be
impacted by $125,465:
Deputy Director 32,895
Field Representative 21,364
Administrative Asst. 20,545
Victims' Rights 31,000
Employer Contributions 19,661
Total 125,465
Prepared By: Approved By:
Cheryl H. Morris George N. Dorn, Jr.
State Budget Analyst State Budget Division
A BILL
TO AMEND TITLE 16, CHAPTER 3, CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE
THE CRIME VICTIM'S OMBUDSMAN AND PROVIDE FOR
POWERS AND DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by
adding:
"Article 16
Crime Victim's Ombudsman
Section 16-3-1610. Definitions.
As used in this article:
(1) `Appropriate authority' means a person who is the subject of
a complaint to the crime victim's ombudsman or a person within the
agency who is in a supervisory position with regard to one who is the
subject of a complaint.
(2) `Elements of the criminal and juvenile justice system' means
circuit solicitors and members of their staff; law enforcement officers;
probation, parole, and correction officers; the judiciary; the Department
of Youth Services; state officials involved in the criminal justice system;
and any state, county, or municipal victim advocacy personnel.
(3) `Victim assistance program' means an entity which provides,
is required by law to provide, or claims to provide services and
assistance to victims on an ongoing basis.
Section 16-3-1620. Office Created.
The office of Crime Victim's Ombudsman for South Carolina is
created. The ombudsman is appointed by the director of the State Office
of Victim Assistance (SOVA) with the advice of the South Carolina
Advisory Board for Victim Assistance, and serves at the pleasure of the
State Office of Victim Assistance director. The ombudsman is
accountable directly to the director of the State Office of Victim
Assistance. The State Office of Victim Assistance shall develop the
procedures necessary to implement the provisions of this act.
Section 16-3-1630. Duties.
(A) The ombudsman shall investigate complaints concerning
possible violations of the rights of crime victims or witnesses provided
in the Victim's and Witness's Bill of Rights, the delivery of victims'
services by victims assistance programs, and other complaints of
mistreatment by elements of the criminal and juvenile justice system or
victim assistance programs.
(B) The ombudsman shall act as a liaison between agencies, either
in the criminal justice system or in victim assistance programs, and
victims and witnesses.
(C) A toll free telephone number must be established to contact
the ombudsman to answer questions concerning the criminal justice
system and victims' services unless the information requested is
restricted. The ombudsman shall establish a procedure for referral when
services are requested by crime victims or considered by him to be
necessary.
(D) Information and files received by the ombudsman are
confidential during the course of an investigation or while the files are
active and retain their confidential status upon completion of the
investigation or when the files are placed on inactive status.
Section 16-3-1640. Powers.
The ombudsman has the power necessary to carry out the duties set
forth in Section 16-3-1630, including:
(1) to investigate any action of the criminal justice system or
a victim assistance program;
(2) to request and obtain access to information pertaining to
a complaint. The ombudsman shall request and obtain access to police
reports pertaining to juveniles and juvenile delinquency petitions. Any
information received by the ombudsman retains its data classification
while in the ombudsman's possession. Juvenile records obtained under
this section may be released only in accordance with provisions of the
Children's Code;
(3) to inform in writing the complainant, the investigated
person or entity, and other appropriate authorities, including the
Attorney General and the Chief Justice of the Supreme Court, of any
action taken after completing an investigation. If the complaint involves
the conduct of the criminal justice system in relation to a criminal or
civil proceeding, the ombudsman's findings must be forwarded to the
court in which the proceeding occurred.
Section 16-3-1650. No compelled testimony.
The ombudsman or any member of his staff may not be compelled
to testify in a court with respect to matters involving the exercise of
official duties except as may be necessary to enforce the provisions of
this section.
Section 16-3-1660. Recommendations.
Upon finding that a complaint is valid after an investigation, the
ombudsman shall recommend action to the appropriate authorities,
which within a reasonable time period, shall inform the ombudsman
about the action taken or the reason for not complying with the
recommendation.
Section 16-3-1670. Compliances.
The State Office of Victim Assistance shall develop procedures for
monitoring actions recommended in cases of noncompliance with the
law. The agency shall provide technical assistance and training, if
necessary, with the investigated agency to help assure future
compliance. Refusal by the investigated agency to cooperate with the
ombudsman shall result in a complaint by the ombudsman to the
appropriate federal, state, or local authority with program or fiscal
accountability for the services provided by the investigated agency. The
federal, state, or local authority shall forward a report of action taken to
an oversight committee established by the General Assembly with
representation from the Governor annually to review summary
information on compliance with the law. The State Office of Victim
Assistance shall submit an annual report summarizing noncompliance
issues and recommending solutions to the oversight committee."
SECTION 2. Analysis lines following each code section in this bill are
for informational purposes only and are not part of the code itself.
SECTION 3. This act takes effect upon approval by the Governor.
-----XX----- |