S 1021 {Rat #428} General Bill, By Washington
 A Bill to amend the Code of Laws of South Carolina, 1976, by adding Section
 17-13-55 so as to provide for the responsibility for the costs of medical care
 for an arrested person and to amend Section 20-7-3230, as amended, relating to
 institutional and detention services for juveniles, so as to further provide
 for the cost of providing certain medical services to juveniles in Department
 of Juvenile Justice facilities.-amended title
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   01/12/94  Senate Introduced and read first time SJ-10
   01/12/94  Senate Referred to Committee on Judiciary SJ-10
   03/02/94  Senate Committee report: Favorable Judiciary SJ-13
   03/03/94  Senate Read second time SJ-22
   03/03/94  Senate Ordered to third reading with notice of
                     amendments SJ-22
   03/08/94  Senate Read third time and sent to House SJ-10
   03/09/94  House  Introduced and read first time HJ-7
   03/09/94  House  Referred to Committee on Medical, Military,
                     Public and Municipal Affairs HJ-7
   04/05/94  House  Committee report: Favorable with amendment
                     Medical, Military, Public and Municipal Affairs HJ-37
   04/20/94  House  Amended HJ-49
   04/20/94  House  Read second time HJ-52
   04/21/94  House  Read third time and returned to Senate with
                     amendments HJ-29
   04/26/94  Senate Non-concurrence in House amendment SJ-44
   04/27/94  House  House insists upon amendment and conference
                     committee appointed Reps.  Lanford, Canty &
                     Waldrop HJ-1
   04/27/94  Senate Nonconcurrence reconsidered SJ-17
   04/28/94  Senate Concurred in House amendment and enrolled SJ-31
   05/04/94         Ratified R  428
   05/10/94         Vetoed by Governor
   05/17/94  Senate Veto sustained Yeas-046 SJ-380

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 17-13-55 SO AS TO PROVIDE FOR THE RESPONSIBILITY FOR THE COSTS OF MEDICAL CARE FOR AN ARRESTED PERSON AND TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO INSTITUTIONAL AND DETENTION SERVICES FOR JUVENILES, SO AS TO FURTHER PROVIDE FOR THE COST OF PROVIDING CERTAIN MEDICAL SERVICES TO JUVENILES IN DEPARTMENT OF JUVENILE JUSTICE FACILITIES.

Whereas, it is the intent of the General Assembly in enacting this section to ensure that the costs associated with providing medical care to an arrested person are borne by the arrested person's private medical insurance or another source of medical cost coverage for which the arrested person is eligible. Now, therefore,

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

Cost of medical care for arrested persons

SECTION 1. The 1976 Code is amended by adding:

"Section 17-13-55. (A) The constitutional duty to provide an arrested person with medical care is not affected by this section.

(B) The responsibility for paying the expenses of medical care, treatment, hospitalization, and transportation for any person ill, wounded, or otherwise injured during or at the time of arrest for any violation of a state law or a county or municipal ordinance is the responsibility of the person receiving the care, treatment, hospitalization, and transportation. The responsibility for the payment of such expenses for the continuation of medical care or treatment the person was receiving prior to his arrest is also the responsibility of that person.

(C) The provider of services to an arrested person shall seek reimbursement for the expenses incurred in providing medical care, treatment, hospitalization, or transportation from the following sources in the following order:

(1) from an insurance company, health care corporation, or other source if the arrested person is covered by an insurance policy or subscribes to a health care corporation or other source for those expenses;

(2) from the arrested person receiving the medical care, treatment, hospitalization, or transportation;

(3) from a financial settlement for the medical care, treatment, hospitalization, or transportation payable or accruing to the arrested person;

(4) from the state general fund;

(5) from the general fund of the county in which the person was arrested if the arrest was for a violation of state law or county ordinance, or from the municipal general fund if the arrest was for violation of a municipal ordinance.

(D) The responsibility of the state general fund or a county or municipal general fund for payment of these medical costs shall exist until the time that an arrested person is released from the custody of the arresting or detaining agency.

(E) For purposes of this section only, the terms `arrest', `arrested', and `arresting' shall include the taking into custody or detention of any person without a formal arrest being made."

Cost of juvenile medical services

SECTION 2. Section 20-7-3230(A)(4) of the 1976 Code, as amended by Act 173 of 1993, is further amended to read:

"(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed shall be determined by the department after its consideration and review of American Correctional Association standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing these facilities upon each facility becoming operational. The department shall inform each county governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's ability to develop its own facility or to contract with other counties for the development of a regional facility, and of the availability of the department's facilities. This notice must be provided to each county for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with Sections 20-7-600 and 20-7-605. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles in adult jails anywhere within the State of South Carolina. Upon completion of each facility and upon the determination by the Jail and Prison Inspection Division of the Department of Corrections that each facility is staffed in accordance with relevant standards and can be operated in accordance with these standards, the division shall determine and announce the rated capacity of each facility. A facility operated by the Department of Juvenile Justice for the preadjudicatory detention of juveniles must be maintained and continued in operation for that purpose until approved for conversion or closure by the Budget and Control Board. However, a county which decides to maintain its own approved facilities or which has entered into a regional intergovernmental agreement, which has provided secure facilities for preadjudicatory juveniles, and which meets the standards set forth above, may continue to operate these facilities. County and regionally operated facilities are subject to inspection by the Jail and Prison Inspection Division of the Department of Corrections for compliance with the standards set forth above and those created pursuant to Section 24-9-20. The division has the same enforcement authority over county and regionally operated secure juvenile detention facilities as that which is provided in Section 24-9-30. A juvenile ordered detained in a facility must be screened within twenty-four hours by a social worker or, if considered appropriate, by a psychologist, in order to determine whether the juvenile is emotionally disturbed, mentally ill, or otherwise in need of services. The services must be provided immediately. In Department of Juvenile Justice operated facilities, the department shall determine an amount of per diem for each child detained in a center, which must be paid by the committing county. The per diem paid by the county must be based on the average operating cost among all preadjudicatory state facilities. The Department of Juvenile Justice must assume one-third of the per diem cost and the governing body of the law enforcement agency having originally detained the juveniles must assume two-thirds of the cost. Per diem funds received by the department must be placed in a separate account by the department for operation of all preadjudicatory state facilities. Transportation of the juvenile to and from a facility is the responsibility of the local law enforcement agency which takes the juvenile into custody. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department."

Time effective

SECTION 3. This act takes effect upon approval by the Governor.

In the Senate House ____________________________________________.

______________________________________________

President of the Senate

______________________________________________

Speaker of the House of Representatives

Approved the ____________ day of ________________________, 1994.

______________________________________________

Governor

Printer's Date -- May 5, 1994 -- S.