H*3582 Session 109 (1991-1992)
H*3582(Rat #0634, Act #0499 of 1992) General Bill, By L.M. Martin and Elliott
A Bill to amend Section 17-22-30, Code of Laws of South Carolina, 1976,
relating to pretrial intervention programs established by 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 add Section 17-22-55 so as to
further provide for conditions of admission to pretrial for those persons
charged with fish or game offenses which do not disqualify them for
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 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.-amended
title
02/26/91 House Introduced and read first time HJ-13
02/26/91 House Referred to Committee on Judiciary HJ-13
04/17/91 House Committee report: Favorable with amendment
Judiciary HJ-16
04/25/91 House Retaining place on calendar recommitted to
Committee on Judiciary HJ-76
04/15/92 House Committee report: Favorable with amendment
Judiciary HJ-14
04/16/92 House Amended HJ-15
04/16/92 House Read second time HJ-16
04/21/92 House Read third time and sent to Senate HJ-18
04/22/92 Senate Introduced and read first time SJ-7
04/22/92 Senate Referred to Committee on Judiciary SJ-7
05/07/92 Senate Committee report: Favorable with amendment
Judiciary SJ-23
05/14/92 Senate Amended SJ-187
05/14/92 Senate Read second time SJ-191
05/14/92 Senate Ordered to third reading with notice of
amendments SJ-191
05/19/92 Senate Amended SJ-21
05/19/92 Senate Read third time and returned to House with
amendments SJ-22
05/21/92 House Debate adjourned on Senate amendments until
Tuesday, May 26, 1992 HJ-68
06/02/92 House Senate amendment amended HJ-65
06/02/92 House Returned to Senate with amendments HJ-65
06/03/92 Senate Concurred in House amendment and enrolled SJ-27
06/04/92 Ratified R 634
07/01/92 Signed By Governor
07/01/92 Effective date 07/01/92
07/01/92 Act No. 499
07/14/92 Copies available
(A499, R634, H3582)
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 ADD
SECTION 17-22-55 SO AS TO FURTHER PROVIDE FOR
CONDITIONS OF ADMISSION TO PRETRIAL FOR THOSE
PERSONS CHARGED WITH FISH OR GAME OFFENSES
WHICH DO NOT DISQUALIFY THEM FOR
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
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.
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 loss of eighteen points as provided in Section
50-9-1020, 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."
Additional conditions of admission to pretrial
SECTION 4. The 1976 Code is amended by adding:
"Section 17-22-55. As a condition of admission to the
pretrial intervention program of a person charged with a fish,
game, wildlife, or commercial fishery-related offense which does
not disqualify him for intervention, this person shall pay an
additional administrative charge equal to the maximum monetary
fine, not to exceed five hundred dollars, which could be imposed
for the offense. The administrative charge must be deposited in
the game and fish fund of the county where the offense was
committed. Also, if any property was seized and confiscated at
the time of the arrest for the offense, as a condition of admission
to the pretrial intervention program, the offender must agree to the
retention and sale of that property as provided by law by the law
enforcement agency making the seizure. The proceeds from the
sale also must be deposited in the game and fish fund of the
county wherein the offense was committed."
No previous acceptance required for admission
SECTION 5. 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 6. 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 to the court 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 7. 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 to the court 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 8. 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 chief administrative judge of the
court of general sessions and information obtained pursuant to
Section 17-22-70 must be forwarded to the pretrial
office."
Payment of fees
SECTION 9. 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 10. 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 11. 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 12. 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 13. 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 14. Section 17-22-160 of the 1976 Code is
repealed.
Time effective
SECTION 15. This act takes effect upon approval by the
Governor.
Approved the 1st day of July, 1992. |