H*2435(Rat #0565, Act #0455 of 1982)  General Bill, By P. Freeman, R.L. Altman, 
W.S. Anderson, J.M. Arthur, W.D. Arthur, J.N. Ashe, D.L. Aydlette, 
H.L. Barksdale, D. Blackwell, J.D. Bradley, P.T. Bradley, J.B. Brandt, Branton, 
D.M. Bruce, A.H. Buchan, D.E. Bundrick, T.M. Burriss, B. Campbell, R.L. Cobb, 
M.J. Cooper, V.L. Crocker, M.R. Daniel, G.W. Dukes, M.L. Eargle, T.J. Ervin, 
P. Evatt, J.G. Felder, S.R. Foster, T. Gadson, J.P. Gardner, L.E. Gentry, 
H.C. Granger, J.W. Graves, J.V. Gregory, C.L. Griffin, M.S. Gulledge, A. Hardy, 
J.L. Harris, P.B. Harris, J.C. Hayes, J.C. Hearn, L.I. Hendricks, C.T. Hinson, 
D.N. Holt, B.F. Hornsby, S.H. Howard, B.E. Huff, T.E. Huff, T.L. Hughston, 
I.C. Joe, W.H. Jones, H.H. Keyserling, Kirsh, Koon, W.R. Lee, T.G. Mangum, 
S.P. Manning, Martin, D.M. McEachin, D.F. McInnis, J.D. McInnis, McKay, 
R.N. McLellan, J.W. McLeod, D.E. McTeer, J.B. Meyers, E.M. Middleton, 
T.W. Mitchell, M.E. Nunnery, D.L. Ogburn, Patterson, L. Phillips, Phillips, 
J.C. Pracht, A.V. Rawl, J.A. Reynolds, R.L. Rigdon, J.I. Rogers, R. Schwartz, 
Sheheen, D. Sheppard, E.W. Simpson, E.C. Stoddard, R.M. Tallon, J.H. Toal, 
D.C. Waldrop, Washington, M.H. Westbrook, Wilkins and R.R. Woods
 A Bill to amend Chapter 3, Title 16, Code of Laws of South Carolina, 1976, by
 adding Article 13 so as to establish a program to compensate victims of crime
 and certain other persons who have suffered as a result of crime, and to amend
 Sections 24-23-210, 24-23-220, as amended, and 24-23-230, relating to the
 Community Corrections Program and the funding thereof, so as to further
 provide for the system of assessments which are made against persons
 committing certain crimes and to provide that a specified amount of such
 assessments shall be used to help fund the Victim's Compensation Program
 established above.-at

   02/18/81  House  Introduced and read first time HJ-668
   02/18/81  House  Referred to Committee on Judiciary HJ-669
   03/03/82  House  Committee report: Favorable with amendment
                     Judiciary HJ-1155
   03/10/82  House  Amended HJ-1321
   03/10/82  House  Read second time HJ-1334
   03/11/82  House  Read third time and sent to Senate HJ-1352
   03/11/82  Senate Introduced and read first time SJ-18
   03/11/82  Senate Referred to Committee on Judiciary SJ-19
   05/27/82  Senate Recalled from Committee on Judiciary SJ-30
   05/27/82  Senate Read second time SJ-30
   05/27/82  Senate Ordered to third reading with notice of
                     amendments SJ-30
   06/01/82  Senate Debate adjourned SJ-38
   06/01/82  Senate Debate interrupted SJ-41
   06/02/82  Senate Amended SJ-117
   06/02/82  Senate  Read third time SJ-119
   06/02/82  Senate Returned SJ-119
   06/03/82  House  Non-concurrence in Senate amendment HJ-3868
   06/03/82  Senate Senate insists upon amendment and conference
                     committee appointed Sens. McLeod, Lourie, Saleeby
   06/03/82  House  Conference committee appointed Reps. Freeman,
                     Rogers & Hughston HJ-3872
   06/03/82  House  Conference report received HJ-3884
   06/03/82  House  Conference report adopted HJ-3886
   06/03/82  Senate Conference report received SJ-36
   06/03/82  Senate Conference report adopted SJ-36
   06/03/82  House  Ordered enrolled for ratification HJ-3889
   06/03/82  House  Ratified R 565 HJ-3947
   06/09/82         Signed By Governor
   06/09/82         Effective date 06/09/82 see Act for exceptions
   06/09/82         Act No. 455
   07/02/82         Copies available

AN ACT TO AMEND CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 13 SO AS TO ESTABLISH A PROGRAM TO COMPENSATE VICTIMS OF CRIME AND CERTAIN OTHER PERSONS WHO HAVE SUFFERED AS A RESULT OF CRIME, AND TO AMEND SECTIONS 24-23-210, 24-23-220, AS AMENDED, AND 24-23-230, RELATING TO THE COMMUNITY CORRECTIONS PROGRAM AND THE FUNDING THEREOF, SO AS TO FURTHER PROVIDE FOR THE SYSTEM OF ASSESSMENTS WHICH ARE MADE AGAINST PERSONS COMMITTING CERTAIN CRIMES AND TO PROVIDE THAT A SPECIFIED AMOUNT OF SUCH ASSESSMENTS SHALL BE USED TO HELP FUND THE VICTIM'S COMPENATION PROGRAM ESTABLISHED ABOVE.

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

Legislative findings

Section 1. The General Assembly recognizes that many innocent persons suffer personal physical injury or death as a result of criminal acts or in their efforts to prevent crime or apprehend persons committing or attempting to commit crime. Such persons or their dependents may thereby suffer disability, incur financial hardships or become dependent upon public assistance. The General Assembly finds and determines that there is a need for financial assistance for such victims of crime. Accordingly, it is the intent of the General Assembly that no right to financial assistance be created by this article, but that aid, care and support be provided for such victims of crime as granted by this article.

Compensation of victims of crime

Section 2. Chapter 3 of Title 16 of the 1976 Code is amended by adding:

"Article 13

Compensation of Victims of Crime

Section 16-3-1110. For the purpose of this article:

(1) 'Board' shall mean the South Carolina Crime Victim's Advisory Board.

(2) 'Claimant' shall mean any person filing a claim pursuant to this article.

(3) 'Fund' shall mean the South Carolina Victim's Compensation Fund.

(4) 'Director' shall mean the Director of the State Workers' Compensation Fund.

(5) 'Field representative' shall mean a field representative of the State Workers' Compensation Fund.

(6) 'Crime' shall mean an act which constitutes a crime as defined by state, federal or common law which results in physical injury or death to the victim. No act involving the operation of a motor vehicle, boat or aircraft which results in injury or death shall constitute a crime for the purpose of this article unless the injury or death was recklessly or intentionally inflicted through the use of such vehicle, boat or aircraft. Reckless use of a motor vehicle, boat or aircraft shall include but not be limited to violations of Sections 56-5-2910, 56-5-2920, 56-5-2930 and 56-5-1210. Such reckless use shall also include the use of a motor vehicle, boat or aircraft to flee the scene of a crime in which the driver of the motor vehicle, boat or aircraft knowingly and willingly participated.

(7) 'Victim' shall mean a person who suffers physical injury or death as a direct result of a crime.

(8) 'Intervenor' shall mean any person who goes to the aid of another and suffers physical injury or death as a direct result of acting, not recklessly, to prevent the commission of a crime, to lawfully apprehend a person reasonably suspected of having committed a crime or to aid the victim of a crime, except that the term 'intervenor' shall not include law enforcement officers performing their normal duties.

(9) 'Deputy Director' shall mean the Deputy Director of the Victim's Compensation Fund.

Section 16-3-1120. The Director of the State Workers' Compensation Fund, as appointed by the Governor pursuant to Section 42-7-20, is hereby also named Director of the Victim's Compensation Fund. The Director's annual salary shall be eighty-five percent of the salary paid to the Industrial Commissioners of the state. The Director shall be responsible for administering the provisions of this article. Included among the duties of the Director shall be ,the responsibility, with approval of the South Carolina Crime Victim's Advisory Board as established herein, for developing and administering a plan for informing the public of the availability of the benefits provided under this article and procedures for filing claims for such benefits.

The Director, upon approval by the South Carolina Crime Victim's Advisory Board, shall have the following additional powers and duties:

(1) To appoint a Deputy Director of the Victim's Compensation Fund, and such staff necessary for the operation thereof, and to contract for services. The Director shall recommend the salary for the Deputy Director and other staff members, as allowed by statute or applicable law.

(2) To promulgate regulations to carry out the provisions and purposes of this article.

(3) To request from the Attorney General, South Carolina Law Enforcement Division, solicitors, magistrates, judges, county and municipal police departments and any other agency or department such assistance and data as will enable the Director to determine whether, and the extent to which, a claimant qualifies for awards hereunder. Any person, agency or department listed above shall be authorized to provide the Director with the information requested upon receipt of such a request from the Director. Any provision of law providing for confidentiality of juvenile records shall not apply to a request of the Deputy Director, Director, or Commissioner pursuant to this section.

(4) To reinvestigate or reopen previously decided award cases as the Deputy Director deems necessary.

(5) To require the submission of such medical records as are needed by the Commissioner or Deputy Director or his staff and, when necessary, to direct medical examination of the victim.

(6) To take or cause to be taken affidavits or depositions within or without the State. This power may be delegated to the Deputy Director or Commissioner.

(7) To render each year to the Governor and to the General Assembly a written report of the activities of the Victim's Compensation Fund pursuant to this article.

(8) To delegate the authority to the Deputy Director to reject incomplete claims for awards or assistance.

(9) To render awards to victims of crime or to those other persons entitled to receive such awards hereunder in the manner authorized by this article. The power may be delegated to the Deputy Director.

(10) To apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime.

(11) To delegate to the Commissioner on appeal matters any power of the Director or Deputy Director.

Section 16-3-1130. (1) A claim, once accepted for filing and completed, shall be assigned to a field representative. The field representative shall examine the papers filed in support of such claim and cause an investigation to be conducted into the validity of the claim. The investigation shall include but not be limited to an examination of police, court and official records and reports concerning the crime and an examination of medical and hospital reports relating to the injury upon which such claim is based. All claims arising from the death of an individual as a direct result of a crime shall be considered together by a single field representative.

(2) Claims shall be investigated and determined, regardless of whether the alleged criminal has been apprehended, prosecuted or convicted of any crime based upon the same incident or whether the alleged criminal has been acquitted or found not guilty of the crime in question.

(3) The field representative conducting the investigation shall file with the Deputy Director a written report setting forth a recommendation and his reason therefor. The Deputy Director shall render a decision and furnish the claimant with a copy of the report.

Section 16-3-1140. (1) The claimant may, within thirty days after receipt of the report of the decision of the Deputy Director, make an application in writing to the Deputy Director for review of the decision.

(2) Upon receipt of an application for review pursuant to subsection (1) of this section, the Deputy Director shall forward all relevant documents and information to the Chairman of the South Carolina Industrial Commission. The Chairman or his designee, who shall be an Industrial Commissioner, shall review the records and affirm or modify the decision of the Deputy Director. If deemed necessary by the Industrial Commissioner or if requested by the claimant, the Industrial Commissioner shall order a hearing prior to rendering a decision. At the hearing any relevant evidence, not legally privileged, shall be admissible. The Industrial Commissioner shall render a decision within ninety days after completion of his investigation. The action of the Industrial Commissioner shall be final and nonappealable. If the Deputy Director receives no application for review pursuant to subsection (1), his decision shall become the final decision of the Victim's Compensation Fund.

(3) The Industrial Commissioner, for purposes of this article, may subpoena witnesses, administer or cause to be administered oaths and examine such parts of the books and records of the parties to proceedings as relate to questions in dispute.

(4) The Deputy Director shall within ten days after receipt of the Industrial Commissioner's final decision make a report to the claimant including a copy of such final decision and the reasons why such decision was made.

Section 16-3-1150. Notwithstanding the provisions of Section 16-3-1130, if it appears to the Deputy Director that such claim is one with respect to which an award probably will be made and undue hardship will result to the claimant, if immediate payment is not made, the Deputy Director may make one or more emergency awards to the claimant pending a final decision in the case, provided that (a) the amount of each such emergency award shall not exceed five hundred dollars, (b) the total amount of such emergency awards shall not exceed fifteen hundred dollars, (c) the amount of such emergency awards shall be deducted from any final award made to the claimant and (d) the excess of the amount of any such emergency award over the amount of the final award, or the full amount of any emergency award if no final award is made, shall be repaid by the claimant to the Victim's Compensation Fund as created by this article.

Section 16-3-1160. There is hereby created a board to be known as the South Carolina Crime Victim's Advisory Board to consist of seven members to be appointed by the Governor with the advice and consent of the Senate. At least two of the members shall have been admitted to practice law in this State for not less than five years next preceding their appointment, one member shall be a physician licensed to practice medicine under the laws of this State, and one member shall have at least four years administrative experience in a court-related Victim's Assistance Fund, provided that such a qualified person is available.

The term of office of each appointed member shall be five years and until his successor is appointed and qualified. Of those members first appointed, two shall serve for a term of one year, two for a term of two years, one for a term of three years, one for a term of four years and one for a term of five years, with such initial terms to be designated by the Governor when making the initial appointments. The Governor shall select a chairman. The Board may elect a secretary and such other officers as deemed necessary.

Any vacancy shall be filled for the remainder of the unexpired term by appointment in the same manner of the initial appointments.

The Board shall meet at least twice each year and shall be subject to the call of the Chairman, to consider improvements in and monitor the effectiveness of the Victim's Compensation Fund, and to approve the budget and regulations pertaining to the Victim's Compensation Fund. The members of the Board shall receive the same subsistence, mileage, and per diem as is provided by law for members of state boards, committees and commissions, to be paid from the Victim's Compensation Fund as created by this article.

Section 16-3-1170. No award shall be made unless the Industrial Commissioner or the Deputy Director finds that (a) a crime was committed, (b) such crime directly resulted in physical injury to or death of the victim or intervenor and (c) police records show that such crime was promptly reported to the proper authorities. In no case may an award be made where the police records show that such report was made more than forty-eight hours after the occurrence of such crime unless the Deputy Director or the Industrial Commissioner, for good cause shown, finds the delay to have been justified. The Industrial Commissioner or Deputy Director upon finding that any claimant or award recipient has not fully cooperated with all law enforcement agencies, may deny, reduce, or withdraw any award.

Section 16-3-1180. (1) Any award made pursuant to this article shall be in an amount not exceeding actual expenses including in debtedness reasonably incurred for medical services or other services necessary as a direct result of the injury upon which the claim is based, together with loss of earnings or support resulting from such injury.

An award for loss of earnings may also include reasonable expenses of job retraining services or similar employment-oriented rehabilitative services incurred as a direct result of the injury.

(2) In the event of death of a victim or intervenor, an award may be made for actual expenses reasonably incurred for burial, not to exceed one thousand dollars.

(3) If there are two or more family members as specified in Section 16-3-1210 (c) who are entitled to an award as a result of the death of a person which is the direct result of a crime, the award shall be apportioned by the Deputy Director or the Industrial Commissioner among the claimants.

(4) No award made under the provisions of this article shall exceed ten thousand dollars in the aggregate.

(5) No award shall be made on a claim unless the claimant has incurred a minimum actual expense of three hundred dollars or has lost nonreimbursable earnings or support for at least two consecutive weeks; provided, however, that this provision shall be waived upon a determination by the Deputy Director or Industrial Commissioner that the interests of justice so require.

(6) The Deputy Director or Industrial Commissioner may reject an application for an award when the claimant has failed to cooperate with the Deputy Director or his staff in the verification of the information contained in the application.

Section 16-3-1190. Any award made pursuant to this article shall be reduced by the amount of any payments received or to be received as a result of the injury (a) from or on behalf of the person who committed the crime, (b) from any other private or public source, including an award of workers' compensation pursuant to the laws of this State or (c) as an emergency award pursuant to Section 16-3-1150.

Section 16-3-1200. In determining the amount of an award, the Deputy Director or Industrial Commissioner shall determine whether because of his conduct the victim or intervenor of such crime contributed to the infliction of his injury, and the Deputy Director or Industrial Commissioner may reduce the amount of the award or reject the claim altogether in accordance with such determination; provided, however, the Deputy Director or Industrial Commissioner may disregard for this purpose the contribution of an intervenor for his own injury or death where the record shows that such contribution was attributable to efforts by the intervenor as set forth in subsection (8) of Section 16-3-1110.

Section 16-2-1210. Except as provided in Section 16-3-1220, the following persons shall be eligible for awards pursuant to this article:

(a) a victim;

(b) an intervenor;

(c) a surviving spouse, parent or child who is legally dependent for his principal support upon a deceased victim or intervenor.

Victims and intervenors must be legal residents of this State and the crime must have been committed in this State in order to qualify for an award hereunder; provided, however, that if the victim or intervenor is a legal resident of this State and the crime occurred in another state which does not have a similar crime victim's compensation program, such victim or intervenor shall be entitled to file a claim for an award hereunder; provided, further, that if the crime occurs in this State and the victim or intervenor is a legal resident of another state which has a similar crime victim's compensation program which would allow a legal resident of this State to file a claim thereunder if the crime occurred in that state, then such nonresident shall be permitted to file a claim hereunder; and provided, further, that no victim or intervenor whether a legal resident of this State or another state shall be entitled to file a claim in more than one state. A surviving spouse, parent, or child who is legally dependent for his principal support upon a deceased victim or intervenor shall be entitled to file a claim hereunder if the deceased victim or intervenor would have been so entitled regardless of the residence or nationality of the surviving spouse, parent or child.

Section 16-3-1220. (1) A person listed in items (a), (b), or (c) of Section 16-3-1210 shall be ineligible for an award if he or she committed or aided in the commission of the crime upon which the claim was based or was engaged in any unlawful activity at the time of the crime.

(2) Unless the Deputy Director or Industrial Commissioner shall determine in a particular case that the interests of justice require otherwise, a person listed in items (a), (b), or (c) of Section 16-3-1210 shall be ineligible for an award if he or she:

(a) is a surviving spouse, parent or child who is legally dependent upon a deceased victim or intervenor who committed an act set forth in subsection (1) of this section, or

(b) was residing at the time of the crime in the same household as the person who committed the crime.

Section 16-3-1230. (1) A claim may be filed by a person eligible to receive an award, as provided in Section 16-3-1210, or, if such person is an incompetent or a minor, by his parent or legal guardian or such other individual authorized to administer his affairs.

(2) A claim must be filed by the claimant not later than one hundred eighty days after the occurrence of the crime upon which such claim is based or not later than one hundred eighty days after the death of the victim or intervenor. Upon good cause shown, the Deputy Director may extend the time for filing for a period not to exceed two years after such occurrence or death.

(3) Claims shall be filed in the office of the Deputy Director by mail or in person. The Deputy Director shall accept for filing all claims submitted by persons eligible under subsection (1) of this section and meeting the requirements as to form of the claim contained in the regulations of the Board.

Section 16-3-1240. It shall be unlawful, except for purposes directly connected with the administration of the victim's compensation program, for any person to solicit, disclose, receive or make use of or authorize, knowingly permit, participate in or acquiesce in the use of any list, or names of, or information concerning persons applying for or receiving awards hereunder without the written consent of the applicant or recipient. The records, papers, files, and communications of the Commissioner, Director and his staff shall be regarded as confidential information and privileged and not subject to disclosure under the Freedom of Information Act as contained in Chapter 3 of Title 30.

Section 16-3-1250. Payment of an award pursuant to this article shall subrogate the State, to the extent of such payment to any right of action accruing to the claimant or to the victim or intervenor to recover losses resulting from the crime with respect to which the award is made.

Section 16-3-1260. (1) Any payment of benefits to, or on behalf of, a victim or intervenor or eligible family member under this article shall create a debt due and owing to the State by any person found in a court of competent jurisdiction of this State to have committed such criminal act.

(2) The circuit court, when placing on probation any person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court may also set the schedule or amounts of payments subject to modification based on change of circumstances.

(3) The Department of Parole and Community Corrections shall also have the right to make payment of the debt or a portion of the debt to the State a condition of parole.

(4) When a juvenile is adjudicated delinquent in a family court proceeding involving a crime upon which a claim under this article can be made, the family court in its discretion may order that the juvenile pay such debt to the Victim's Compensation Fund as created by this article as an adult would have to pay had an adult committed such crime. Any assessments so ordered may be made a condition of probation as provided in Section 20-7-1330.

(5) Payments authorized or required under this section shall be paid to the Victim's Compensation Fund.

Section 16-3-1270. If a person is unable at the time of sentencing or at such other time as the court may set to pay a restitution charge imposed by the court pursuant to Article 3 of Act 100 of 1981 as amended herein and by Act 178 of 1981, such restitution charge shall constitute a lien against the offender and against any real or personal property of the offender; provided, however, a restitution charge shall not constitute a lien if it is waived by the Director pursuant to Section 24-23-210 as amended herein. Such lien may be filed by the Attorney General in the respective offices of the clerks of court and registers of mesne conveyances of this State in the same manner state tax liens are filed and may be enforced and collected by the Attorney General in the same manner state tax liens are enforced and collected.

Section 16-3-1280. Any person who knowingly makes a false claim or a false statement in connection with any claim hereunder shall be deemed guilty of a misdemeanor and upon conviction shall be punishable by a fine of not less than five hundred dollars or by a term of imprisonment for not less than one year, or both, and shall further forfeit all money received hereunder, if any.

Section 16-3-1290. (1) There is hereby created a special fund to be known as the Victim's Compensation Fund for the purpose of providing for the payment of all necessary and proper expenses incurred by the operation of Victim's Compensation Fund and the payment of claims. The State Treasurer shall be the custodian of the fund and all monies, securities and interest in the fund shall be held in trust by the State Treasurer pursuant to such regulations as may be promulgated by the Board.

(2) The funds placed in the Victim's Compensation Fund shall consist of all money appropriated by the General Assembly, if any, for the purpose of compensating claimants under this article and money recovered on behalf of the State pursuant to this article by subrogation or other action, recovered by court order, received from the federal government, received from additional court costs, received from assessments or fines, or received from any other public or private source, pursuant to this article.

(3) All administrative costs of this article, except the Director's salary, shall be paid out of money collected pursuant to this article which has been deposited in the Victim's Compensation Fund.

Section 16-3-1300. Any award made under this article shall be paid in accordance with the discretion and decision of the Deputy Director as to the manner of payment, subject to the regulations of the Board and not inconsistent with the Industrial Commissioner's award. No award made pursuant to this article shall be subject to garnishment, execution or attachment other than for expenses resulting from the injury which is the basis for the claim. In every case providing for an award to a claimant under this article, the Deputy Director or Industrial Commissioner may, if it is his opinion the facts and circumstances of the case warrant it, convert the award to be paid into a partial or total lump sum, without discount.

Section 16-3-1310. No award of any kind shall be made under this article to a victim or intervenor injured while confined in any federal, state, county or municipal jail, prison or other correctional facility.

Section 16-3-1320. An award made pursuant to this article shall not constitute a payment which is treated as ordinary income under either the provisions of Chapter 7 of Title 12 of the 1976 Code, or to the extent lawful, under the United States Internal Revenue Code.

Section 16-3-1330. Notwithstanding any other provision of the article to the contrary, where an award under this article has been authorized but there are not sufficient funds in the Victim's Compensation Fund to pay or continue paying such award, then such award or the remaining portion thereof shall not be paid unless and until sufficient funds become available from the fund and at such time awards which have not been paid shall begin to be paid in chronological order with the oldest award being paid first; provided, however, that in the event an award was to be paid in installments and some remaining installments have not been paid due to a lack of funds, then when funds due become available that award shall be paid in full when its appropriate time for payment comes on the chronological list before any other post-dated award shall be paid. Any award hereunder shall specifically not be a claim against the State if it cannot be paid due to a lack of funds in the Victim's Compensation Fund.

Section 16-3-1340. A claimant may be represented by an attorney in proceedings under this article. Fees for such attorney shall be paid from the Victim's Compensation Fund, subject to the approval of Director, except that in the event of an appeal pursuant to Section 16-3-1140, attorneys' fees shall be subject to the approval of the Industrial Commissioner. Attorneys for the South Carolina Workers' Compensation Fund shall represent the South Carolina Victim's Compensation Fund in proceedings under this article.

Any person who receives any fee or other consideration or any gratuity on account of services so rendered, unless such consideration or gratuity is approved by the Deputy Director, or who makes it a business to solicit employment for a lawyer or for himself in respect to any claim or award for compensation shall be guilty of a misdemeanor and, upon conviction thereof, shall, for each offense, be punished by a fine of not more than five hundred dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment."

Assessment

Section 3. Item A of Section 24-23-210 of the 1976 Code, as amended by Part II, Section 32 of Act 178 of 1981, is further amended to read:

"B. When any person is convicted, pleads guilty or nolo contendre and is sentenced to payment of a fine, or when any person forfeits bond, including the assessment hereinafter provided, to any offense within the jurisdiction of a municipal, recorder's, or magistrate's court other than a nonmoving traffic violation, there is imposed an assessment, in addition to any other costs or fines imposed by law, in the sum of two dollars. Any person posting bond for an offense shall post the two dollar assessment at the same time. If such person is not convicted of the offense with which he is charged, the assessment shall be returned to him at the same time his bond is returned. If such person has not posted bond and is convicted or pleads guilty or nolo contendre, the two dollar assessment shall be paid to the recorder's, magistrate's or municipal court at the time a sentence is imposed."

Item B of Section 24-23-210 of the 1976 Code, as added by Act 100 of 1981, is amended to read:

"B. When any person is convicted pleads guilty or nolo contendre and is sentenced to payment of a fine or when any person forfeits bond to any offense within the jurisdiction of the Court of General Sessions, there is hereby imposed an assessment, in addition to any other cost or fine imposed by law, in the sum of twenty dollars.

If an offender is sentenced to probation or imprisonment and probation without the imposition of a fine, the assessment shall be collected by the clerk of court as a condition of probation. If a defendant is sentenced to imprisonment and is later released to the supervision of the Department of Parole and Community Corrections and has not otherwise paid the assessment, the assessment shall be collected as a condition of supervision, regardless of the type of original sentence imposed.

In any court, when sentencing a person convicted of an offense which has proximately caused physical injury or death to the victim the court may order the defendant to pay a restitution charge commensurate with the offense committed, not to exceed ten thousand dollars to the Victim's Compensation Fund.

Provided, that any circuit court judge may waive or suspend the imposition of all or part of the assessment made under item B upon finding that the assessment would place severe financial hardship upon the offender or his family.

Provided, further, that the Deputy Director, with the approval of the Director, and upon the approval of the judge who imposed the restitution charge may suspend imposition of all or part of a restitution charge made under item B upon a showing made by petition of the offender that the restitution charge would place severe financial hardship upon the offender or his family."

Assessments and restitution charges collected to be paid to county treasurer

Section 4. Section 24-23-220 of the 1976 Code, as amended by Part II, Section 32 of Act 178 of 1981, is further amended to read:

"Section 24-23-220. Assessments, restitution charges and assessments imposed as a condition of probation which are collected by clerks of court for the Court of General Sessions and assessments collected by magistrates' courts shall be paid monthly to the county treasurer of the county where the court is located.

Assessments imposed as a condition of supervision upon release from prison as specified in Section 24-23-210 shall be collected by the supervising agent who shall transmit those funds to the Parole and Community Corrections Board where it shall be deposited in the State Treasury. The county treasurer, after duly noting and recording the receipt of such payments, shall transfer those funds to the State Treasurer who shall deposit them in the state's general fund. Assessments collected by municipal courts shall be paid monthly to the municipal financial officer who, after duly noting and recording the receipt of such payments, shall transfer those funds to the State Treasurer as above provided. One-half of these funds shall be appropriated to the Department for the express purpose of developing and operating community corrections programs. The remainder of the funds shall be deposited in the Victim's Compensation Fund as created in Section 16-3-1290."

Agent to keep accurate account of money

Section 5. Section 24-21-90 of the 1976 Code is amended to read:

"Section 24-21-90 Each supervising agent shall keep an accurate account of the money he collects pursuant to Sections 24-21-80, 24-21-90, 24-23-210(B) and 24-23-220 and shall give a receipt to the probationer and individual under supervision for each payment. Money collected shall be forwarded to the Parole and Community Corrections Board where it shall be deposited in the State Treasury.

Assessments, collections and transfers to be effective on July 1, 1981

Section 6. Section 24-23-230 of the 1976 Code, as added by Act 100 of 1981, is amended to read:

"Section 24-23-230. The assessments, collections and transfers specified in this article shall become effective on July 1, 1981."

Nonapplicability

Section 7. The judicial review process of the Administrative Procedures Act, as outlined in Sections 1-23-380 and 1-23-390 of the 1976 Code does not apply to this article.

Time effective

Section 8. This act shall take effect upon approval by the Governor, who shall appoint the members of the South Carolina Crime Victim's Advisory Board within sixty days. The operation of the Victim's Compensation Fund shall begin immediately but benefit payments shall be delayed until January 1, 1983, and shall then be paid only to victims and intervenors of crimes which are committed on January 1, 1983, or thereafter.