H 4713 Session 109 (1991-1992)
H 4713 General Bill, By J.W. Tucker
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; 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 Section 17-22-100,
relating to the time for application to an intervention program, so as to
revise this time; 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 to further provide for the use of these 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.
04/09/92 House Introduced and read first time HJ-69
04/09/92 House Referred to Committee on Judiciary HJ-70
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;
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 SECTION 17-22-100, RELATING TO THE TIME FOR
APPLICATION TO AN INTERVENTION PROGRAM, SO AS TO
REVISE THIS TIME; 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"; 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.
Be it enacted by the General Assembly of the State of South Carolina:
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."
SECTION 2. Section 17-22-40 of the 1976 Code is amended to read:
"Section 17-22-40. There is hereby established the
office of Pretrial Intervention Coordinator whose responsibility shall
be 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 shall employ and such staff as is necessary
to assist in the implementation of the provisions of this act
chapter must be employed by the South Carolina Commission on
Prosecution Coordination. The office of the coordinator
shall must be funded by an appropriation to the
Attorney General's office Commission on Prosecution
Coordination in the state general appropriation act."
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 burglary, arson, kidnapping, 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. including, but not limited to murder,
voluntary manslaughter, assault and battery with intent to kill, criminal
sexual assault, or armed robbery. This However, this
section does not apply if the solicitor determines the elements of the
crime do not fit the charge."
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."
SECTION 5. 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 no later than forty-five seventy-five days after service of the warrant or within ten days following
appointment of counsel for the charge for which he makes such
the application. Provided, however However,
in the discretion of the solicitor, the provisions of this section may be
waived."
SECTION 6. 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
shall pay a nonrefundable application fee of fifty dollars and, if accepted
into the program, a nonrefundable acceptance
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."
SECTION 7. 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 shall
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 therein stating the period of time
after which the prosecutor will either dismiss the charge or seek a
conviction based upon that charge. The agreement shall
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."
SECTION 8. 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
written report shall 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 shall 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. Provided, however However,
that information may be confidentially released to the State
Coordinator's Office to assist in compiling annual reports.;
provided, further, that The identification information on
any defendant shall must not be under any
circumstances released as public knowledge."
SECTION 9. 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
such the records pertaining to such the
charge shall may be retained by any municipal, county,
or state agency entity or any individual, except as
otherwise provided in Section 17-22-130. The effect of such
the order shall be is to restore such
the person, in the contemplation of the law, to the status he
occupied before such the arrest. No person as to whom
such the order has been entered shall
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 such the arrest in
response to any inquiry made of him for any purpose."
SECTION 10. 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."
SECTION 11. Section 17-22-160 of the 1976 Code is repealed.
SECTION 12. This act takes effect upon approval by the
Governor.
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