Current Status Introducing Body:Senate Bill Number:912 Primary Sponsor:Mitchell Committee Number:13 Type of Legislation:GB Subject:Mandatory Drug Treatment Act Residing Body:Senate Current Committee:Medical Affairs Computer Document Number:912 Introduced Date:19940111 Last History Body:Senate Last History Date:19940111 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Mitchell Washington Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
912 Senate 19940111 Introduced, read first time, 13
referred to Committee
912 Senate 19931206 Prefiled, referred to 13
Committee
View additional legislative information at the LPITS web site.
TO AMEND CHAPTER 53 OF TITLE 44, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO POISONS, DRUGS, AND OTHER CONTROLLED SUBSTANCES, SO AS TO ADD ARTICLE 15, THE MANDATORY DRUG TREATMENT ACT.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 53, Title 44 of the 1976 Code is amended by adding:
Section 44-53-1605. This act shall be known as the Mandatory Drug Treatment Act of 1994.
Section 44-53-1610. The General Assembly finds that the high incidence of crimes which directly involve alcohol and drugs in this State is intolerable; that the problems of alcohol and drug abuse among the citizens of South Carolina are extensive and exist at an unacceptable level; that alcohol and/or drug abuse or dependency have been identified as contributing factors in the commission of many crimes; that a concentrated and coordinated state and local effort is needed to address the needs of South Carolinians regarding such problems; that a specialized system for screening, evaluating, educating, and rehabilitating defendants convicted of alcohol and drug related offenses is required to address such problems; and that adequate funding should be provided for this purpose. It is therefore the intent of the General Assembly to establish a specialized court referral officer program to promote the evaluation, education, and rehabilitation of persons whose use or dependency on alcohol or drugs directly or indirectly contributed to the commission of an offense for which they were convicted in state or municipal courts and to establish mandatory alcohol and drug abuse treatment programs to provide treatment and rehabilitation for these identified offenders.
Section 44-53-15. For the purpose of this act, the following terms shall have the meaning ascribed to them in this section:
(1) `Alcohol or drug related offenses' means all offenses, including municipal ordinance violations, in which alcohol and drug abuse is determined from the evidence to have been a factor in the commission of the offense, including juveniles charged with possession of controlled substances and adjudicated delinquent.
(2) `Alcohol abuse' means the use of alcohol to the extent that the health, safety, or welfare of the user, or that of others, is substantially impaired or endangered or the social or economic function of the user is disrupted.
(3) `Drug abuse' means use of a controlled substance or drug with abuse or addictive potential to the extent that the user has lost the ability of self control, or to the extent that the health, safety, or welfare of the user, or that of others, is substantially impaired or endangered, or the social or economic function of the user is disrupted.
(4) `Court referral officer program' means a program established to evaluate defendants' use of alcohol and/or drugs and to provide assistance to courts in promoting the education and rehabilitation of defendants, including juveniles and those granted youthful offender status or convicted of alcohol and/or drug-related offenses.
(5) `Court referral officers' means those persons within designated court jurisdictions providing assessment or evaluation of defendants for alcohol and/or drug abuse, recommendations and/or recommendations for education or treatment and monitoring for court-ordered compliance.
(6) `DUI' means driving or in actual physical control of a vehicle while under the influence of alcohol or drugs as prescribed by Section 56-5-2930, or any other law.
(7) `Diversionary screening' means the power of the prosecutor, prior to arraignment, to consider all circumstances of criminal proceedings and to determine whether any legal action is to be taken.
(8) `Prosecutorial discretion' means the discretionary power of a solicitor to suspend, prior to the arraignment, all formal prosecutorial proceedings against one who has become involved in the criminal justice system as a defendant or an accused.
(9) `Accusatory instrument' means any complaint, information, or grand jury indictment.
(10) `Non-criminal disposition' means the dismissal of a criminal charge without prejudice to reinstate criminal proceedings on motion of the prosecutory as herein provided.
(11) `Pre-trial diversion' means the imposition of conditions by the prosecutory upon defendants charged with certain criminal offenses for a specified period of time prior to arraignment.
(12) `Deferred prosecution' means the suspension of prosecution prior to arraignment for a specified period of time upon the request of the accused with the consent of the prosecutor.
(13) `Department' means the Department of Probation, Parole and Pardon Services.
(14) `Director' means the Executive Director of the Department of Probation, Parole and Pardon Services.
Section 44-53-1620. The Director of the Department of Probation, Parole and Pardon Services is authorized to appoint court referral officers or contract with individuals or entities to provide alcohol and drug assessment for courts and to conduct the court referral programs in each court jurisdiction of the State. Such appointments or contracts shall be made or entered into with the advice of the presiding circuit judge. The director shall designate the locations where said court referral programs, court referral officers or contracting entities or individuals shall serve, which designations may be changed from time to time; provided, however, that all appointed court referral officers and approved court referral programs shall serve at the pleasure of the director. Any individual or entity which contracts to conduct the court referral program shall perform all the duties as set out in the statewide policies and procedures manual for court referral programs established by the department or these programs shall meet the national criteria for Treatment Alternatives to Street Crimes (TASC) programs. Court referral officers shall work under the general supervision and direction of the director and judges of the circuit to which they are assigned. Such court referral officers shall be compensated by the State. Except for court referral officers currently employed by the department at the effective date of this act, such officers shall not be considered employees of the state for purposes of entitlement to insurance, retirement, and other state employee benefits.
Court referral officers shall be required to perform the following duties:
(A) attend municipal, magistrate, family, and circuit court proceedings as needed;
(B) screen and evaluate all defendants ordered by the solicitor or trial courts to participate and to recommend to the court appropriate educational and/or rehabilitative programs for such defendants;
(C) develop and maintain a file on each defendant assigned to the court referral officer which shall include, but shall not be limited to, information taken from arrest records, tests scores, results of chemical blood alcohol tests, drug screens, and other personal data;
(D) continuously monitor defendants who are ordered to complete alcohol and/or drug related educational or rehabilitative programs and to report violations of such orders to the solicitor or court;
(E) provide such information and reports on defendants assigned to the court referral officer as may be required by the solicitor, ordering court, or the director;
(F) provide information or education on the court referral program to judges, clerks, law enforcement personnel, solicitors, and the general public;
(G) collect and report statistics, data, and other information pertaining to the court referral program and alcohol and drug related offenses as required by the director or area judge(s);
(H) collect and report information to the courts concerning results of urine screens, drug testing, or other appropriate evaluative measures; and
(I) perform such other duties or functions to further the purposes of this act as may be directed by the court which they serve or the director.
Section 44-53-1625. Any person arrested or charged with a misdemeanor possession of controlled substance offense, in violation of Section 44-53-370(d), or arrested or charged with DUI under Section 56-5-2930, may file a request with the solicitor having jurisdiction over the offense to enroll in a drug and alcohol abuse treatment program in lieu of undergoing prosecution. Admission to such treatment program and deferral of prosecution may be granted at the discretion of the solicitor. The Prosecution Coordination Commission shall establish guidelines which shall be used by the solicitor in evaluating the request for diversion from the criminal justice system into rehabilitation. If prosecution has been initiated by the filing of a complaint, information, or indictment, prior approval and dismissal of the case must be obtained from the judge presiding over the case. Admission to such treatment or rehabilitation program and deferral of prosecution is subject to the following conditions:
(A) The defendant must have no prior felony convictions for controlled substance offenses or other pending felony charges.
(B) Where the person is arrested or charged with violation of Section 44-53-370(d), or with DUI, the solicitor may request diversion.
(C) If diversion to treatment is allowed, the offender shall:
(1) provide information needed to conduct an assessment of his treatment needs;
(2) complete the recommended treatment;
(3) complete a drug or alcohol testing program;
(4) pay restitution to his victim, if any; and
(5) unless indigent, pay for his assessment, treatment, and monitoring.
(D) If the defendant fails to complete treatment and pay the required costs, the prosecutor shall initiate charges against the defendant.
Section 44-53-1630. In order to effect the purposes of this act, all courts exercising jurisdiction over alcohol and drug related offenses, as defined in Section 44-53-1615(1), shall be authorized to refer a defendant to a court referral program for evaluation and referral to an appropriate education and/or treatment program. At a minimum, every defendant who is not referred directly to drug or alcohol treatment shall be required to complete an alcohol and drug education program certified by the department.
Section 44-53-1635. Any person who is convicted of an alcohol or drug related offense, as defined in Section 44-53-1615(1), and who is placed on probation or parole shall be required to participate in an alcohol or drug testing program at his own expense, unless he is determined to be indigent. Any such person who fails the alcohol or drug test shall be required to:
(A) provide information needed to conduct a treatment assessment;
(B) complete the recommended treatment; and
(C) pay for the assessment, treatment, and alcohol or drug testing unless the court finds he is indigent.
Any such person who fails to complete treatment and pay for it shall be charged with violation of probation or parole; provided, however, that indigents shall not be required to pay for treatment or monitoring provided by court referral officers.
Section 44-53-1640. Compliance with any order authorized pursuant to this act relating to education and/or treatment may be enforced by the court through exercise of its contempt powers; or, where made a condition or probation, by revocation thereof for non-compliance.
Section 44-53-1650. The Alcohol and Drug Abuse Court Referral Officer Trust Fund is hereby established and created as a separate fund in the state treasury. Such fund shall be used for operation of the alcohol and drug abuse court referral officer program. This fund shall consist of all monies paid into the state treasury to the credit of such fund pursuant to this act and all monies received for the benefit of the court referral officer program by legislative appropriation, grant, gift, or contributions by counties or municipalities, or otherwise. Such monies shall be used and expended by the director to establish, organize, and administer the alcohol and drug abuse court referral officer program throughout the State. Any unexpended or unencumbered sums remaining in the fund at the end of the fiscal year shall remain in the fund to be preserved for the administration of the alcohol and drug abuse court referral officer program.
Section 44-53-1655. Monies contained in the Alcohol and Drug Abuse Court Referral Officer Trust Fund may be expended by the director for purposes set out in Section 44-53-1620 of this act.
Section 44-53-1660. In addition to the imposition of any other costs, penalties, or fines imposed pursuant to law, any person convicted as an adult or adjudicated a youthful offender or juvenile delinquent based on the offense of driving under the influence or other alcohol or drug related offenses as defined in this act shall be ordered by the court to pay an alcohol and drug abuse court referral officer assessment fee in an amount recommended by the Board of Probation, Parole and Pardon Services. Such additional assessment fee shall be collected by the court referral officer by the tenth day of each month and remitted to the state treasurer who shall credit such sums to the Alcohol and Drug Abuse Court Referral Officer Trust Fund.
Section 44-53-1665. Any alcohol or drug related offender referred for assessment and placed on probation by the judge shall pay a monitoring fee to the court referral officer which shall also be remitted to the state treasurer by the court referral office by the tenth day of each month as set out in Section 44-53-1650. The assessment fee and monitoring fees shall be established and regulated by the department and can be adjusted to ensure that adequate financial resources are available to support the court referral program and administration of the programs.
Section 44-53-1670. The department shall establish criteria to determine eligibility of court referral programs to receive payment from the Alcohol and Drug Abuse Court Referral Officer Trust Fund. All South Carolina TASC programs which meet the national TASC criteria at the date of enactment of this legislation shall be eligible to receive payments from the Alcohol and Drug Abuse Court Referral Officer Trust Fund. All such programs shall be non-profit agencies.
Section 44-53-1675. The Indigent Offender Alcohol and Drug Treatment Trust Fund is hereby established and created as a separate fund in the state treasury. Such fund shall provide for payment to eligible alcohol and drug treatment programs for treatment and rehabilitation of indigent offenders. This fund shall consist of all monies paid into the state treasury to the credit of such fund pursuant to this act and all monies received for the benefit of the indigent offender alcohol and drug treatment trust fund by legislative appropriation, grant, or otherwise. A fee recommended by the Board of Probation, Parole and Pardon Services shall be collected from each offender. The fee shall be collected by the court referral officer by the tenth day of each month and remitted to the state treasurer who shall credit such sums to the Indigent Offender Alcohol and Drug Treatment Trust Fund. Failure of a court referral program or court referral officer to remit all fees collected shall be grounds for termination from the program. Additionally, the prosecutor shall be authorized to determine if criminal charges are warranted.
Section 44-53-1685. Monies contained in the Indigent Offender Alcohol and Drug Treatment Trust Fund may be expended by the department for purposes set out in Section 44-53-1675 of this act. Such monies shall be used and expended by the department to establish, organize, and administer the indigent offender alcohol and drug treatment program throughout the State, including all functions or projects of the department. Any unexpended or unencumbered sums remaining in the fund at the end of the fiscal year shall remain in the fund to be preserved for the administration of the indigent offender treatment program.
Section 44-53-1690. Any person determined to be indigent by the court may request waiver of all or part of the fees established by this act. In such cases where a waiver of fees is granted, such waiver shall be limited to the time when the offender is unable to pay. If the offender becomes able to pay during the course of monitoring or treatment, or another future date, the waiver of fees may be revoked. The judge may order an indigent offender to perform community service in lieu of payment of fees.
Section 44-53-1695. The court referral officers and employees of the department, including the director, shall be exempt from civil liability for alleged acts of ordinary negligence actions taken in performance of their official duties carrying out the provisions of this act."
SECTION 2. All laws or parts of laws which conflict with this act are expressly repealed.
SECTION 3. This act takes effect upon approval by the Governor.