H 4786 General Bill, By Kirsh
 A BILL TO AMEND SECTION 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO ASSESSMENTS IMPOSED IN MUNICIPAL COURT, SO AS TO INCREASE
 THE ASSESSMENT FROM SEVENTY-FOUR PERCENT OF THE FINE IMPOSED TO EIGHTY-FOUR
 PERCENT, TO PROVIDE THAT THE ADDITIONAL MONIES COLLECTED ARE REMITTED TO THE
 STATE TREASURER FOR THE DEPARTMENT OF JUVENILE JUSTICE AND PUT IN A SEPARATE
 ACCOUNT TO PAY THE TWO-THIRDS COST OF THE PER DIEM CHARGED BY THE DEPARTMENT
 FOR HOUSING EACH CHILD DETAINED FOR AN OFFENSE OCCURRING IN A MUNICIPALITY,
 AND TO PROVIDE THAT UNEXPENDED REVENUE IN THE FUND AT THE END OF THE YEAR MUST
 BE USED TO DEFRAY THE COSTS ASSOCIATED WITH PREADJUDICATORY JUVENILE
 DETENTION.

   03/16/00  House  Introduced and read first time HJ-2
   03/16/00  House  Referred to Committee on Judiciary HJ-3

TO AMEND SECTION 14-1-208, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ASSESSMENTS IMPOSED IN MUNICIPAL COURT, SO AS TO INCREASE THE ASSESSMENT FROM SEVENTY-FOUR PERCENT OF THE FINE IMPOSED TO EIGHTY-FOUR PERCENT, TO PROVIDE THAT THE ADDITIONAL MONIES COLLECTED ARE REMITTED TO THE STATE TREASURER FOR THE DEPARTMENT OF JUVENILE JUSTICE AND PUT IN A SEPARATE ACCOUNT TO PAY THE TWO-THIRDS COST OF THE PER DIEM CHARGED BY THE DEPARTMENT FOR HOUSING EACH CHILD DETAINED FOR AN OFFENSE OCCURRING IN A MUNICIPALITY, AND TO PROVIDE THAT UNEXPENDED REVENUE IN THE FUND AT THE END OF THE YEAR MUST BE USED TO DEFRAY THE COSTS ASSOCIATED WITH PREADJUDICATORY JUVENILE DETENTION.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 14-1-208 of the 1976 Code, as last amended by Act 105 of 1999, is further amended to read:

"Section 14-1-208. (A) Beginning January 1, 1995, and continuously after that date, a person who is convicted of, or pleads guilty or nolo contendere to, or forfeits bond for an offense tried in municipal court must pay an amount equal to 74 84 percent of the fine imposed as an assessment. This assessment must be paid to the municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended, and assessments must not be waived, reduced, or suspended.

(B) The city treasurer must remit 16.22 14.29 percent of the revenue generated by the assessment imposed in subsection (A) to the municipality to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(C) The State Treasurer shall deposit the assessments received as follows:

(1) 21.63 18.62 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 21.39 18.42 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;

(3) .56 .49 percent to the Department of Public Safety to defray the cost of erecting and maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain the surplus for use in its law enforcement training programs;

(4) 15.98 13.76 percent for the State Office of Victim Assistance;

(5) 5.84 5.03 percent to the general fund;

(6) 16.26 14.0 percent to the Office of Indigent Defense for the defense of indigents;

(7) 1.37 1.18 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(8) .84 .72 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, 'complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than one hundred thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution-related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a 'first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year;

(9) 16.13 13.89 percent for the programs established pursuant to Section 56-5-2953(E).; and

(10) 13.89 percent to the Department of Juvenile Justice to be put in a separate account and used exclusively to pay two-thirds of the per diem cost for housing each child detained for an offense occurring in a municipality pursuant to Section 20-7-6845(4). Any unexpended revenue in the separate account at the end of the year must be used to defray costs associated with preadjudicatory juvenile detention.

(D) The revenue retained by the municipality under subsection (B) must be used for the provision of services for the victims of crime including those required by law. These funds must be appropriated for the exclusive purpose of providing victim services as required by Article 15 of Title 16; specifically, those service requirements that are imposed on local law enforcement, local detention facilities, prosecutors, and the summary courts. First priority must be given to those victims' assistance programs which are required by Article 15 of Title 16 and second priority must be given to programs which expand victims' services beyond those required by Article 15 of Title 16. All unused funds must be carried forward from year to year and used exclusively for the provision of services for victims of crime. All unused funds must be separately identified in the governmental entity's adopted budget as funds unused and carried forward from previous years.

(E) To ensure that fines and assessments imposed pursuant to this section and Section 14-1-209(A) are properly collected and remitted to the State Treasurer, the annual independent external audit required to be performed for each municipality pursuant to Section 5-7-240 must include a review of the accounting controls over the collection, reporting, and distribution of fines and assessments from the point of collection to the point of distribution and a supplementary schedule detailing all fines and assessments collected at the court level, the amount remitted to the municipal treasurer, and the amount remitted to the State Treasurer.

(1) To the extent that records are made available in the format determined pursuant to subsection (E)(4), the supplementary schedule must include the following elements:

(a) all fines collected by the clerk of court for the municipal court;

(b) all assessments collected by the clerk of court for the municipal court;

(c) the amount of fines retained by the municipal treasurer;

(d) the amount of assessments retained by the municipal treasurer; and

(e) the amount of fines and assessments remitted to the State Treasurer pursuant to this section.

(2) The supplementary schedule must be included in the external auditor's report by an 'in relation to' paragraph as required by generally accepted auditing standards when information accompanies the basic financial statements in auditor submitted documents.

(3) Within thirty days of issuance of the audited financial statement, the municipality must submit to the State Treasurer a copy of the audited financial statement and a statement of the actual cost associated with the preparation of the supplemental schedule required in this section. Upon submission to the State Treasurer, the municipality may retain and pay from the fines and assessments collected pursuant to this section the actual expense charged by the external auditor for the preparation of the supplemental schedule required in this subsection, not to exceed one thousand dollars each year.

(4) The clerk of court and municipal treasurer shall keep records of fines and assessments required to be reviewed pursuant to this subsection in the format determined by the municipal governing body and make those records available for review."

SECTION 2. This act takes effect October 1, 2000, and applies to all assessments collected on and after that day.