Current Status Introducing Body:House Bill Number:5068 Primary Sponsor:Harrelson Committee Number:25 Type of Legislation:GB Subject:State-County Criminal Justice Partnership Act Residing Body:House Current Committee:Judiciary Computer Document Number:PT/1149DW.94 Introduced Date:19940413 Last History Body:House Last History Date:19940413 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Harrelson Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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5068 House 19940413 Introduced, read first time, 25
referred to Committee
View additional legislative information at the LPITS web site.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING CHAPTER 27 TO TITLE 24 SO AS TO ENACT THE STATE-COUNTY CRIMINAL JUSTICE PARTNERSHIP ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Title 24 of the 1976 Code is amended by adding:
Section 24-27-10. This chapter may be cited as the State-County Criminal Justice Partnership Act of 1994.
Section 24-27-20. The policy of the General Assembly with respect to the state-county criminal justice partnership is:
(1) to support the implementation of the recommendations of the Sentencing Guidelines Commission by providing supplementary community-based corrections programs which appropriately punish criminal behavior and which provide effective rehabilitative services;
(2) expand sentencing options by adding community-based corrections programs for offenders receiving a nonincarcerative sentence;
(3) promote coordination between state and county community-based corrections programs; and
(4) improve public confidence in the criminal justice system by educating the public on the role of community-based corrections programs.
Section 24-27-30. In this chapter:
(1) `Account' means the State-County Criminal Justice Partnership Account.
(2) `County Board' means a County Criminal Justice Partnership Advisory Board.
(3) `Department' means The Department of Corrections.
(4) `Multi-County Board' means a Multi-County Criminal Justice Partnership Advisory Board.
(5) `Plan' means a Community-Based Corrections Plan.
(6) `Program' means a Community-Based Corrections Program.
(7) `Director' means the Director of the Department of Corrections.
(8) `State Board' means The State Criminal Justice Partnership Advisory Board.
Section 24-27-40. The goals of community-based programs funded under this chapter include:
(1) to reduce the recidivism;
(2) reduce the number of probation revocations;
(3) reduce alcoholism and other drug dependencies among offenders; and
(4) reduce the cost to the State and the counties of incarceration.
Section 24-27-50. (A) An eligible offender is an adult offender who either is in confinement awaiting trial, or was convicted of a misdemeanor or a felony offense and received a nonincarcerative sentence of an intermediate punishment or is serving a term of post-release supervision after completing an active sentence of imprisonment.
(B) The priority populations for programs funded under this chapter are:
(1) offenders sentenced to intermediate punishments; and
(2) offenders who are appropriate for release from jail before trial under the supervision of a pretrial monitoring program.
Section 24-27-60. The State-County Criminal Justice Partnership Account is created within the Department of Corrections. Revenue in the account may be used only to make grants to counties for supplementary community-based correctional programs for eligible offenders in accordance with this chapter. Revenue appropriated to the account does not revert at the end of the fiscal year; it remains in the account for expenditures in the following fiscal year.
Section 24-27-70. (A) There is created the State Criminal Justice Partnership Advisory Board. The state board shall act as an advisory body to the director with regards to this chapter. The state board shall consist of twenty-one members as follows:
(1) a member of the Senate;
(2) a member of the House of Representatives;
(3) a judge of the Court of Appeals;
(4) a judge of the Circuit Court;
(5) a solicitor;
(6) a criminal defense attorney;
(7) a county sheriff;
(8) a chief of a municipal police department;
(9) two members of the governing body of a county, one from a predominantly urban county and one from a predominantly rural county;
(10) a representative of an existing community-based corrections program;
(11) a member of the public who has been the victim of a crime;
(12) a rehabilitated ex-offender;
(13) a member of the business community;
(14) three members of the general public one of whom is a person recovering from chemical dependency or who is a previous consumer of substance abuse treatment services;
(15) a victim service provider; and
(16) a member selected from each of the following service areas: mental health substance abuse, and employment and training.
(B)(1) The membership of the State Board is selected as follows:
(a) The Governor shall appoint the following members: the county sheriff, the chief of a municipal police department, the member of the public who has been the victim of a crime, a rehabilitated ex-offender, the members selected from each of the service areas.
(b) The Lieutenant Governor shall appoint the following members: the member of the business community, one member of the general public who is a person recovering from chemical dependency or who is a previous consumer of substance abuse treatment services, the victim service provider.
(c) The Chief Justice of the South Carolina Supreme Court shall appoint the following members: the court of appeals judge, the circuit court judge, the solicitor, the criminal defense attorney, the representative of an existing community-based corrections program.
(d) The President Pro Tempore of the Senate shall appoint the following members: the member of the Senate, the member of a governing body from a predominantly urban county, one member of the general public.
(e) The Speaker of the House shall appoint the following members: the member of the House of Representatives, the member of a governing body from a predominantly rural county, and one member of the general public.
(2) In appointing the members of the state board, the appointing authorities shall make shall make every effort to ensure fair geographic representation of the state board membership and that minority persons and women are fairly represented.
(C) The initial members shall serve staggered terms one-third must be appointed for a term of one year, one-third must be appointed for a term of two years, and one-third must be appointed for a term of three years. The members identified in items (1) through (7) of subsection (A) of this section must be appointed initially for a term of one year. The members identified in items (8) through (13) in subsection (A) of this section must be appointed initially for a term of two years. The members identified in items (14) through (16) of subsection (A) of this section each must be appointed for a term of three years.
(3) At the end of their respective terms of office their successors must be appointed for terms of three years. A vacancy occurring before the expiration of the term of office must be filled in the same manner as original appointments for the remainder of the term. Members may be reappointed without limitation.
(D) Each appointing authority may remove a member it appointed from the state board for misfeasance, malfeasance, or nonfeasance.
(E) The members of the state board shall, within thirty days after the last initial appointment is made meet and elect one member as chairman and one member as vice-chairman.
(F) The state board shall meet at least quarterly and may also hold special meetings at the call of the chairman. For purposes of transacting business, a majority of the membership constitutes a quorum.
(G) A member who has an interest in a governmental agency or unit or private nonprofit agency which is applying for a state-county criminal justice partnership grant or which has received a grant and which is the subject of an inquiry or vote by a grant oversight committee, shall publicly disclose that interest on the record and may take no part in discussion or have any vote in regard to any matter directly affecting that particular grant applicant or grantee. `Interest' in a grant applicant or grantee means a formal and direct connection to the entity including, but not limited to, employment, partnership, serving as an elected official, board member, director, officer, or trustee, or being an immediate family member of someone who has such a connection to the grant applicant or grantee.
(H) The members of the state board shall serve without compensation but must be reimbursed for necessary travel and subsistence expenses.
Section 24-27-80. The State Criminal Justice Partnership Advisory Board has the following duties:
(1) recommend community-based corrections program priorities;
(2) review the application process and procedures for funding community-based correction programs, including the format for comprehensive community-based corrections plans;
(3) review the criteria for monitoring and evaluating community-based corrections programs;
(4) distribute an annual plan which describes the community-based corrections program priorities, and the application process and procedures for funding community-based corrections programs, including the format for comprehensive community-based corrections plans. The annual plan also must announce the amount of funds appropriated to the state-county criminal justice partnership account.
(5) coordinate community-based corrections programs administered by the state agencies and programs funded under this chapter;
(6) review plans of participating counties and based on the state board's annual plan, to make recommendations to the director to provide grant funding to counties for implementing and operating community-based corrections programs;
(7) review the minimum program standards, policies, and rules for community-based corrections programs; and
(8) evaluate the effects of categories of programs funded by this chapter and prepare the written report.
Section 24-27-90. In addition to those otherwise provided by law, the Department of Corrections has the following duties:
(1) provide technical assistance to applicants in developing, implementing, monitoring, evaluating, and operating community-based corrections programs;
(2) enter into contractual agreements with county boards for the operation of community-based corrections programs and monitor compliance with those agreements;
(3) act as an information clearinghouse regarding community-based corrections programs;
(4) review plans of participating counties and to approve grants based on applications to assist them in the implementation and operation of community-based corrections programs;
(5) develop policies and procedures for the disbursement of grant funds to participating counties on a reimbursement basis;
(6) develop the minimum program standards policies, and rules for community-based corrections programs; and
(7) in instances of substantial noncompliance, the director shall notify the governing bodies of the counties, the county community corrections advisory board and the chief administrator of the program in writing of the allegations and allow sixty days for a response. If an agreement is reached concerning a remedy then the director shall allow thirty days following that agreement for the remedy to be implemented. If the deficiencies are not corrected within this period then the director may, upon written notice, suspend any or all of the grant funds until compliance is achieved.
Section 24-27-100. A county may elect to apply for funding under this chapter by a vote of the governing body of the county approving the decision to apply, and by appointing a county criminal justice partnership advisory board. Two or more counties, by vote of the governing body of each county, may agree to create a multicounty board instead of a county board. A multicounty board shall perform the same functions as a county board for each county that participates in establishing the multicounty board. The board or boards of the governing body of each county shall notify the director of the intent to apply for funds within sixty days of receiving notification of the availability of funds and may request technical assistance to develop the community-based corrections plan.
Section 24-27-110. (A) A county board or multicounty board shall consist of not less then ten members and shall to the greatest extent possible, include the following:
(1) a member of the governing body of a county. In the case of a multicounty community corrections advisory board, one member of the governing body of a county from each participating county shall serve as a member;
(2) a chief executive officer of a county or his designee;
(3) a judge of the court of appeals;
(4) a judge of the circuit court;
(5) a solicitor, or his designee;
(6) a criminal defense attorney;
(7) a public defender;
(8) a county sheriff, or the sheriff's designee;
(9) a chief of a municipal police department, or his designee;
(10) a probation officer;
(11) a community service coordinator;
(12) one member selected from each of the following service areas which are available in the county or counties: mental health, public health, substance abuse employment and training, community-based corrections programs, victim services programs;
(13) a member of the business community;
(14) a member of the community who has been a victim of a crime; and
(15) members at-large, including persons who are recovering from chemical dependency or are previous consumers of substance abuse treatment services.
(B) In the case of a single county board, the governing body of the county shall appoint the members. In the case of a multicounty board, the governing body of the county from the participating counties shall each appoint one member of the governing body of a county as a member. These members shall appoint the other members. The governing body of each county may designate an existing board which meets the requirements of this section to serve as the County Criminal Justice Partnership Advisory Board. A member may be removed, with cause by the group authorized to make the initial appointment.
(C) Before an appointment is made under this section, the appointing authority shall publish advance notice of the appointments and shall request that the names of persons interested in being considered for appointment be submitted to the appointing authority. In appointing the members of a county board, the county shall make every effort to ensure that minority persons and women are fairly represented.
(D) The initial members of the county board appointed by the board or boards of county commissioners shall serve staggered terms, one-third must be appointed for a term of one year one-third must be appointed for a term of two years, and one-third must be appointed for a terms of three years. Members appointed by virtue of their office serve only while holding the office or position held at the time of appointment. A vacancy occurring before the expiration of the term of office must be filled in the same manner as original appointments for the remainder of the term. Members may be reappointed without limitation.
(E) The members of the county board shall, within thirty days after the last initial appointment is made, meet and elect one member as chairman and one member as vice-chairman and appoint one a secretary-treasurer who need not be a member. For purposes of transacting business, a majority of the membership constitutes a quorum.
(F) The county board shall meet at least quarterly and also may hold special meetings at the call of the chairman.
(G) Any member who has an interest in a governmental agency or unit or private nonprofit agency which is applying for a State-County Criminal Justice Partnership Act grant and which has received a grant and which is the subject of an inquiry or vote by a grant oversight committee shall publicly disclose that interest on the record and shall take no part in discussion or have any vote in regard to any matter directly affecting that particular grant applicant or grantee. `Interest' in a grant applicant or grantee means a formal and direct connection to the entity including, but not limited to, employment, partnership, serving as an elected official, board member, director, officer or trustee, or being an immediate family member of someone who has a connection to the grant applicant or grantee.
(H) The governing body or bodies of a county or counties shall provide necessary assistance and appropriations to the county board established for that county or counties.
Section 24-27-120. The county criminal justice partnership advisory board has the following powers and duties:
(1) To participate in a planning process to develop a community-based corrections plan. The purpose of this planning process is to:
(a) examine the local criminal justice system;
(b) identify problem areas;
(c) identify offender groups for programs;
(d) propose strategies for improving the local criminal justice system;
(e) identify a specific community-based program that is needed;
(f) plan a method for integrating the needed community-based program into the existing local criminal justice system;
(g) develop criteria for evaluating the impact of the community-based program; and
(h) improve coordination at the local level between state and county community-based corrections programs.
(2) To submit the plan to the governing body or bodies of a county or counties for approval within one year of the last appointment to the governing body. This plan includes all of the elements required by this section.
(3) To review and revise the plan and make a formal recommendation to the governing body or bodies of a county or counties at least annually concerning the plan and its implementation and operation during the ensuing year.
(4) To monitor and evaluate the impact of the community-based corrections program and prepare a written report.
Section 24-27-130. (A) The community-based corrections plan must include the following:
(1) a flowchart of the criminal justice system which describes processing steps from the point of arrest through conviction, to post-release supervision after completing an active sentence of imprisonment. The flowchart shall identify all decision points, decision makers, and options;
(2) number and rate of arrests, convictions, admissions to probation, jail, prison, and post-release supervision;
(3) arrest practices and data, including the use of citations;
(4) pretrial release practices and data on type of release and bond amounts;
(5) procedures for assignment of indigent counsel;
(6) court procedures for reducing bond amounts;
(7) jail capacity and population data by type of offender;
(8) the jail population by type of offender, type of offenses, and average length of stay;
(9) existing state and county community-based pretrial, sentenced, and post-release corrections programs including target population, program activities, profile of offenders entering and released from the program, length of stay, and completion rates;
(10) education, vocation-employment, health, mental health, housing, and other social services which are available to offenders; and
(11) number of offenders who received an active sentence in the past two years, including type of offense, length of sentence, and actual time served.
(B) Based on the information collected in subsection (A) of this section, the plan shall include a detailed description of the need for the proposed community-based corrections program, the offender population the proposed program will target, the changes that are planned in local policies, and procedures to accommodate the proposed program, and how the proposed program will be integrated into the criminal justice system.
(C) The proposed program shall target adult offenders who either are in confinement awaiting trial, were convicted of a misdemeanor or a felony offense, and received a nonincarcerative sentence of an intermediate punishment, or are serving a term of post-release supervision after completing active sentences of imprisonment. The priority populations must be offenders sentenced to intermediate punishments offenders who are appropriated for release from jail before trial under the supervision of a pretrial monitoring program.
(D) Technical assistance to complete the plan must be provided either by the department or the department shall grant funds to the county for technical assistance. If a county receives technical assistance funds, the county must provide twenty-five percent of the grant amount.
Section 24-27-140. (A) Upon approving the community-based corrections plan, the governing body of bodies of the county or counties shall submit the plan and an application for implementation funding. The application shall contain the following:
(1) a description of the program, including specific date and information concerning the population the proposed community-based corrections program is to serve;
(2) a description of the program's goals, objective activities, and how it relates to the annual plan distributed by the state board;
(3) a description of the operation of the program including an outline of the approach, implementation steps and phases of the program, its administrative structure, staffing pattern, staff training, financing, degree of community involvement, and offender participation;
(4) a description of the program's monitoring criteria, outlining the documentation and records to be maintained;
(5) a description of the method for evaluating the impact of the program;
(6) the identity of any designated contractor;
(7) in the case of a multicounty community-based corrections plan, provisions for the appointment of a fiscal agent to coordinate the financial activities pertaining to the grant award; and
(8) a detailed budget for the program.
(B) The director shall complete the review of the plan within ninety days of submission. Failure to disapprove or recommend amendment to the plan within ninety days shall constitute approval.
Section 24-27-150. (A) Fundable programs under this chapter shall include community-based corrections programs which are operated under a county community-based corrections plan and funded by the state subsidy provided in this chapter. The programs may include, but are not limited to, the following:
(1) for offenders who receive intermediate punishments;
(a) residential facilities;
(b) day reporting centers;
(c) restitution centers;
(d) substance abuse services; and
(e) employment services.
(2) for offenders who are appropriate for release from jail before trial;
(a) pretrial monitoring services; and
(b) pretrial electronic surveillance.
(3) for offenders who are serving a term of post-release supervision after completing active sentences of imprisonment the offender shall receive aftercare support services.
(B) When a county receives more than fifty thousand dollars in community-based corrections funds, then that county shall use at least fifty percent of those funds to develop programs for offenders who receive intermediate punishments.
(C) Community-based corrections funds may be used to operate programs and may also be used to construct, acquire, or renovate community facilities established to provide the programs and services set forth in subsection (A) of this section. Construction and renovation funds may not be used for jails. Construction and renovation funds may not be used to reimburse expenses for any facilities renovated before the effective date of this chapter.
Section 24-27-160. (A) To determine the grant amount for which a county or counties may apply, the granting authority shall apply the following formula:
(1) twenty percent of the total fund must be distributed in the discretion of the director to encourage innovative efforts to develop multicounty projects; to encourage cooperation and collaboration among existing services and avoid duplication of efforts; to encourage the renovation of existing facilities; and to encourage innovative substance abuse programs.
(2) Of the remaining eighty percent of the fund, a total funding amount will be set for each county based upon the following variables:
(a) twenty percent based on a fixed equal dollar amount for each county;
(b) sixty percent based on the county share of the state population; and
(c) twenty percent based on the supervised probation admissions rate for the county.
(B) The sum of the amounts in (a), (b), and (c) is the total amount of the funding that a county may apply for under this subsection.
Section 24-27-170. (A) To continue to receive funding under this chapter, a county shall submit an updated application for implementation funding to the director at the beginning of each fiscal year.
(B) To remain eligible for funding, a county shall:
(1) comply with its community-based corrections plan;
(2) submit monitoring reports as required by the department; and
(3) comply with the minimum standards adopted.
(C) If the director suspends any or all of the grant funds, the county may request a hearing.
Section 24-27-180. A county receiving financial aid under this chapter may terminate its participation by delivering a resolution of the governing body or bodies of the county or counties to the director at the beginning of any calendar quarter. Upon withdrawal from the program, the governing body of the county may adopt a resolution stating that it is in the best interests of the county that the county community corrections advisory board be dissolved, the governing body or bodies of the county or counties shall pay and discharge any debts or liabilities of the advisory board, collect, and distribute assets of the advisory board under the laws of this State and pay over any remaining proceeds or property to the proper fund.
Section 24-27-190. After the county criminal justice partnership advisory board has developed a plan, and the governing body or bodies of the county or counties has reviewed it, if the county decides that it does not intend to operate the proposed program the county criminal justice partnership advisory board shall recommend the appropriate deliverer of services and the county may contract for services.
Section 24-27-200. (A) Counties may not use funds received under this chapter to supplant or replace existing funds or other resources from the federal, state, or county government for existing community-based corrections programs.
(B) Counties may not use funds received under this chapter for indirect costs associated with a program."
SECTION 2. This act takes effect January 1, 1995.