S*1450 Session 109 (1991-1992)
S*1450(Rat #0545, Act #0453 of 1992) General Bill, By Holland
A Bill to amend Section 17-22-30, Code of Laws of South Carolina, 1976,
relating to pretrial intervention programs established by the circuit
solicitors, so as to provide that the South Carolina Commission on Prosecution
Coordination shall oversee administrative procedures for these programs; to
amend Section 17-22-40, relating to the office of pretrial intervention
coordinator, so as to transfer this office from the Attorney General's office
to the Commission on Prosecution Coordination and to provide that the
coordinator must be employed by the Commission on Prosecution Coordination; to
amend Section 17-22-50, relating to persons not eligible for pretrial
intervention, so as to further provide for those offenses which make persons
ineligible for pretrial intervention and for a determination that the
provisions of this Section do not apply; to amend Section 17-22-60, relating
to certain standards and conditions appropriate for pretrial intervention, so
as to clarify that intervention is appropriate if the offender has not
previously been accepted in a pretrial intervention program; to amend Sections
17-22-70 and 17-22-80, relating to admission to a pretrial intervention
program, so as to further provide for such admission; to amend Section
17-22-100, relating to the time for application to an intervention program, so
as to revise this time and the manner in which this time may be waived, and to
provide for preliminary approval for pretrial; to amend Section 17-22-110, as
amended, relating to fees for application and acceptance, so as to change the
term "acceptance fee" to the term "participation fee" and further provide for
persons who shall pay pretrial fees; to amend Section 17-22-120, relating to
alcohol and drug abuse services for offenders in an intervention program, so
as to provide that no services may be denied due to an offender's inability to
pay; to amend Section 17-22-130, relating to reports and identification as to
offenders accepted for intervention, so as to further provide for the
retention of these records and reports and for those persons authorized to
receive certain information in regard to intervention; to amend Section
17-22-150, relating to disposition of charges against offenders accepted for
intervention, so as to further provide for those agencies or individuals
required to destroy records relating to the offense; to add Section 17-22-170,
so as to make it a misdemeanor for any person to unlawfully retain or release
information on an offender's participation in a pretrial intervention program
and to provide penalties for violation; and to repeal Section 17-2-160,
relating to the time within which the pretrial intervention programs were
required to be first established; and to amend Section 56-5-2940, relating to
penalties for the offense of driving a motor vehicle under the influence of
intoxicating liquor, drugs, or like substances, so as to provide that
out-of-state convictions for this offense within ten years of the date of the
last offense also constitute prior offenses within the meaning of this
Section.-amended title
04/06/92 Senate Introduced and read first time SJ-5
04/06/92 Senate Referred to Committee on Judiciary SJ-7
04/15/92 Senate Committee report: Favorable Judiciary SJ-10
04/28/92 Senate Amended SJ-47
04/28/92 Senate Read second time SJ-47
04/28/92 Senate Ordered to third reading with notice of
amendments SJ-47
04/29/92 Senate Amended SJ-291
04/29/92 Senate Read third time and sent to House SJ-292
04/30/92 House Introduced and read first time HJ-10
04/30/92 House Referred to Committee on Judiciary HJ-11
05/14/92 House Committee report: Favorable with amendment
Judiciary HJ-287
05/27/92 House Debate adjourned until Thursday, May 28, 1992 HJ-43
05/27/92 House Reconsidered HJ-100
05/27/92 House Amended HJ-101
05/27/92 House Read second time HJ-103
05/28/92 House Read third time and returned to Senate with
amendments HJ-26
06/02/92 Senate Concurred in House amendment and enrolled SJ-14
06/04/92 Ratified R 545
06/30/92 Signed By Governor
06/30/92 Effective date 06/30/92
06/30/92 Act No. 453
07/28/92 Copies available
(A453, R545, S1450)
AN ACT TO AMEND SECTION 17-22-30, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO
PRETRIAL INTERVENTION PROGRAMS ESTABLISHED
BY THE CIRCUIT SOLICITORS, SO AS TO PROVIDE THAT
THE SOUTH CAROLINA COMMISSION ON PROSECUTION
COORDINATION SHALL OVERSEE ADMINISTRATIVE
PROCEDURES FOR THESE PROGRAMS; TO AMEND
SECTION 17-22-40, RELATING TO THE OFFICE OF
PRETRIAL INTERVENTION COORDINATOR, SO AS TO
TRANSFER THIS OFFICE FROM THE ATTORNEY
GENERAL'S OFFICE TO THE COMMISSION ON
PROSECUTION COORDINATION AND TO PROVIDE THAT
THE COORDINATOR MUST BE EMPLOYED BY THE
COMMISSION ON PROSECUTION COORDINATION; TO
AMEND SECTION 17-22-50, RELATING TO PERSONS NOT
ELIGIBLE FOR PRETRIAL INTERVENTION, SO AS TO
FURTHER PROVIDE FOR THOSE OFFENSES WHICH
MAKE PERSONS INELIGIBLE FOR PRETRIAL
INTERVENTION AND FOR A DETERMINATION THAT THE
PROVISIONS OF THIS SECTION DO NOT APPLY; TO
AMEND SECTION 17-22-60, RELATING TO CERTAIN
STANDARDS AND CONDITIONS APPROPRIATE FOR
PRETRIAL INTERVENTION, SO AS TO CLARIFY THAT
INTERVENTION IS APPROPRIATE IF THE OFFENDER HAS
NOT PREVIOUSLY BEEN ACCEPTED IN A PRETRIAL
INTERVENTION PROGRAM; TO AMEND SECTIONS
17-22-70 AND 17-22-80, RELATING TO ADMISSION TO A
PRETRIAL INTERVENTION PROGRAM, SO AS TO
FURTHER PROVIDE FOR SUCH ADMISSION; TO AMEND
SECTION 17-22-100, RELATING TO THE TIME FOR
APPLICATION TO AN INTERVENTION PROGRAM, SO AS
TO REVISE THIS TIME AND THE MANNER IN WHICH
THIS TIME MAY BE WAIVED, AND TO PROVIDE FOR
PRELIMINARY APPROVAL FOR PRETRIAL; TO AMEND
SECTION 17-22-110, AS AMENDED, RELATING TO FEES
FOR APPLICATION AND ACCEPTANCE, SO AS TO
CHANGE THE TERM "ACCEPTANCE FEE" TO
THE TERM "PARTICIPATION FEE" AND
FURTHER PROVIDE FOR PERSONS WHO SHALL PAY
PRETRIAL FEES; TO AMEND SECTION 17-22-120,
RELATING TO ALCOHOL AND DRUG ABUSE SERVICES
FOR OFFENDERS IN AN INTERVENTION PROGRAM, SO
AS TO PROVIDE THAT NO SERVICES MAY BE DENIED
DUE TO AN OFFENDER'S INABILITY TO PAY; TO AMEND
SECTION 17-22-130, RELATING TO REPORTS AND
IDENTIFICATION AS TO OFFENDERS ACCEPTED FOR
INTERVENTION, SO AS TO FURTHER PROVIDE FOR THE
RETENTION OF THESE RECORDS AND REPORTS AND
FOR THOSE PERSONS AUTHORIZED TO RECEIVE
CERTAIN INFORMATION IN REGARD TO
INTERVENTION; TO AMEND SECTION 17-22-150,
RELATING TO DISPOSITION OF CHARGES AGAINST
OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO
FURTHER PROVIDE FOR THOSE AGENCIES OR
INDIVIDUALS REQUIRED TO DESTROY RECORDS
RELATING TO THE OFFENSE; TO ADD SECTION
17-22-170, SO AS TO MAKE IT A MISDEMEANOR FOR ANY
PERSON TO UNLAWFULLY RETAIN OR RELEASE
INFORMATION ON AN OFFENDER'S PARTICIPATION IN A
PRETRIAL INTERVENTION PROGRAM AND TO PROVIDE
PENALTIES FOR VIOLATION; TO REPEAL SECTION
17-22-160 RELATING TO THE TIME WITHIN WHICH THE
PRETRIAL INTERVENTION PROGRAMS WERE REQUIRED
TO BE FIRST ESTABLISHED; AND TO AMEND SECTION
56-5-2940, RELATING TO PENALTIES FOR THE OFFENSE
OF DRIVING A MOTOR VEHICLE UNDER THE
INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR
LIKE SUBSTANCES, SO AS TO PROVIDE THAT
OUT-OF-STATE CONVICTIONS FOR THIS OFFENSE
WITHIN TEN YEARS OF THE DATE OF THE LAST
OFFENSE ALSO CONSTITUTE PRIOR OFFENSES WITHIN
THE MEANING OF THIS SECTION.
Be it enacted by the General Assembly of the State of South
Carolina:
Overseeing of administrative procedures
SECTION 1. Section 17-22-30 of the 1976 Code is amended by
adding a new subsection (D) to read:
"(D) The South Carolina Commission on Prosecution
Coordination shall oversee administrative procedures for the
Circuit Solicitors' Pretrial Intervention Programs."
Transfer of office and employment of coordinator
SECTION 2. Section 17-22-40 of the 1976 Code is amended to
read:
"Section 17-22-40. There is established the office of
Pretrial Intervention Coordinator whose responsibility is to assist
the solicitor in each judicial circuit in establishing and
maintaining a pretrial intervention program. The office of Pretrial
Intervention Coordinator must be within the South Carolina
Commission on Prosecution Coordination. The coordinator and
such staff as is necessary to assist in the implementation of the
provisions of this chapter must be employed by the South
Carolina Commission on Prosecution Coordination. The office of
the coordinator must be funded by an appropriation to the
Commission on Prosecution Coordination in the state general
appropriation act."
Eligibility for pretrial revised
SECTION 3. Section 17-22-50 of the 1976 Code is amended to
read:
"Section 17-22-50. A person may not be considered for
intervention if he has previously been accepted into an
intervention program nor may intervention be considered for those
individuals charged with blackmail, driving under the influence of
intoxicating liquor or drugs, any traffic-related offense which is
punishable only by fine or loss of points, or any fish, game,
wildlife, or commercial fishery-related offense which is
punishable by a fine or loss of points, or any crime of violence as
defined in Section 16-1-60. However, this section does not apply
if the solicitor determines the elements of the crime do not fit the
charge."
No previous acceptance required for admission
SECTION 4. Section 17-22-60(A) of the 1976 Code is amended
by adding a new item (8) to read:
"(8) The offender has not previously been accepted in a
Pretrial Intervention Program."
Admittance requirements
SECTION 5. Section 17-22-70 of the 1976 Code is amended to
read:
"Section 17-22-70. Prior to admittance of an offender
into an intervention program, the solicitor or judge, if application
is made pursuant to Section 17-22-100, may require the offender
to furnish information concerning the offender's past criminal
record, education and work record, family history, medical or
psychiatric treatment or care received, psychological tests taken
and other information which, in the solicitor's or judge's opinion,
has bearing on the decision as to whether the offender should be
admitted. Solicitor's office records under this section shall adhere
to and abide by Federal Confidentiality Regulation 42 CFR Part 2
and any other applicable federal, state, or local
regulations."
Admittance requirements
SECTION 6. Section 17-22-80 of the 1976 Code is amended to
read:
"Section 17-22-80. Prior to any person being admitted
to a pretrial intervention program the victim, if any, of the crime
for which the applicant is charged and the law enforcement
agency employing the arresting officer shall be asked to comment
in writing as to whether or not the applicant should be allowed to
enter an intervention program. In each case involving admission
to an intervention program, the solicitor or judge, if application is
made pursuant to Section 17-22-100, shall consider the
recommendations of the law enforcement agency and the victim,
if any, in making a decision."
Application requirements and nomenclature
SECTION 7. Section 17-22-100 of the 1976 Code is amended to
read:
"Section 17-22-100. An offender must make application
to an intervention program or to the chief administrative judge of
the court of general sessions no later than seventy-five days after
service of the warrant or within ten days following appointment of
counsel for the charge for which he makes the application.
However, in the discretion of the solicitor or the chief
administrative judge of the court of general sessions, if application
is made directly to the judge, the provisions of this section may be
waived. Applications received by the chief administrative judge
of the court of general sessions under this section may be
preliminarily approved by the judge pending a determination by
the pretrial office that the offender is eligible to participate in a
pretrial program pursuant to Sections 17-22-50 and 17-22-60.
Applications received by the judge and information obtained
pursuant to Section 17-22-70 must be forwarded to the pretrial
office."
Payment of fees
SECTION 8. Section 17-22-110 of the 1976 Code, as last
amended by Act 57 of 1987, is further amended to read:
"Section 17-22-110. An applicant to an intervention
program or an offender who applies to the chief administrative
judge of the court of general sessions for admission to a program
pursuant to Section 17-22-100 shall pay a nonrefundable
application fee of fifty dollars and, if accepted into the program, a
nonrefundable participation fee of two hundred fifty dollars prior
to admission. All fees paid must be deposited into a special circuit
solicitor's fund for operation of the pretrial intervention program.
All fees or costs of supervision may be waived partially or totally
by the solicitor in cases of indigency. The solicitor may also, if he
determines necessary, in situations other than indigency allow
scheduling of payments in lieu of lump sum payment. In no case
shall aggregate fees for application and participation in an
intervention program exceed three hundred dollars. However, in
cases where the solicitor determines that referral to another
agency or program is needed to achieve rehabilitation for a
problem directly related to the charge, the defendant may be
required to pay his participation in that special program, except
that no services may be denied due to inability to pay."
Inability to pay not a bar
SECTION 9. Section 17-22-120 of the 1976 Code is amended to
read:
"Section 17-22-120. In any case in which an offender
agrees to an intervention program, a specific agreement must be
made between the solicitor and the offender. This agreement shall
include the terms of the intervention program, the length of the
program and a section stating the period of time after which the
prosecutor will either dismiss the charge or seek a conviction
based upon that charge. The agreement must be signed by the
offender and his or her counsel, if represented by counsel, and
filed in the solicitor's office. The Commission on Alcohol and
Drug Abuse shall provide training if requested on the recognition
of alcohol and drug abuse to counselor employees of local pretrial
intervention programs and the local agency authorized by Section
61-5-320 shall provide services to alcohol and drug abusers if
referred by pretrial intervention programs. However, no services
may be denied due to an offender's inability to pay."
Retention and use of reports
SECTION 10. Section 17-22-130 of the 1976 Code is amended
to read:
"Section 17-22-130. Notwithstanding the provisions of
Section 17-1-40, in all cases where an offender is accepted for
intervention a report must be made and retained on file in the
solicitor's office, regardless of whether or not the offender
successfully completes the intervention program. All reports must
be retained on file in the solicitor's office for a period of two years
after successful completion, two years after rejection, or two years
after unsuccessful completion of the program. After the retention
of these reports for two years, they may be destroyed. The circuit
solicitor shall furnish to the South Carolina Law Enforcement
Division personal identification information on each person who
applies for intervention, is subsequently accepted or rejected, and
successfully or unsuccessfully completes the program. This
information may only be used by the division and the State
Coordinator's Office in those cases where a circuit solicitor
inquires as to whether a person has previously been accepted in an
intervention program. However, that information may be
confidentially released to the State Coordinator's Office to assist
in compiling annual reports. The identification information on
any defendant must not be under any circumstances released as
public knowledge."
Retention of records
SECTION 11. Section 17-22-150(a) of the 1976 Code is
amended to read:
"(a) In the event an offender successfully completes a
pretrial intervention program, the solicitor shall effect a
noncriminal disposition of the charge or charges pending against
the offender. Upon such disposition, the offender may apply to the
court for an order to destroy all official records relating to his
arrest and no evidence of the records pertaining to the charge may
be retained by any municipal, county, or state entity or any
individual, except as otherwise provided in Section 17-22-130.
The effect of the order is to restore the person, in the
contemplation of the law, to the status he occupied before the
arrest. No person as to whom the order has been entered may be
held thereafter under any provision of any law to be guilty of
perjury or otherwise giving a false statement by reason of his
failure to recite or acknowledge the arrest in response to any
inquiry made of him for any purpose."
Unlawful retention or release of information
SECTION 12. The 1976 Code is amended by adding:
"Section 17-22-170. Any municipal, county, or state
entity or any individual who unlawfully retains or releases
information on an offender's participation in a Pretrial
Intervention Program is guilty of a misdemeanor and, upon
conviction, must be punished by a fine not exceeding two
thousand dollars or by imprisonment not to exceed one year.
The provisions of this section do not apply to circuit solicitors
or their staff in the performance of their official duties."
Repeal
SECTION 13. Section 17-22-160 of the 1976 Code is
repealed.
Out-of-state convictions count as prior offenses
SECTION 14. The fourth paragraph of Section 56-5-2940 of
the 1976 Code is amended to read:
"For the purposes of this chapter any conviction, entry of
a plea of guilty or of nolo contendere or forfeiture of bail, for the
violation of any law or ordinance of this or any other state or any
municipality of this or any other state that prohibits any person
from operating a motor vehicle while under the influence of
intoxicating liquor, drugs, or narcotics shall constitute a prior
offense for the purpose of any prosecution for any subsequent
violation hereof. Only those offenses which occurred within a
period of ten years including and immediately preceding the date
of the last offense shall constitute prior offenses within the
meaning of this section."
Time effective
SECTION 15. This act takes effect upon approval by the
Governor.
Approved the 30th day of June, 1992. |