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COMMITTEE REPORT
April 25, 2000
S. 566
S. Printed 4/25/00--S. [SEC 4/26/00 1:27 PM]
Read the first time March 4, 1999.
To whom was referred a Bill (S. 566), to amend Section 24-21-490, Code of Laws of South Carolina, 1976, relating to collection and distribution of restitution fees so as to provide that a collection fee of not more than twenty percent, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking Section 24-21-490(B), as contained in SECTION 1, and inserting:
"(B) Notwithstanding Section 14-17-725, the Department of Probation, Parole and Pardon Services shall assess a collection fee of twenty percent of each restitution program and deposit this collection fee into a separate account. The total of the collection fee must not exceed three thousand dollars. The monies in this account must not be used until specifically authorized by law. The department shall maintain individual restitution accounts which reflect each transaction and the amount paid, the collection fee, and the unpaid balance of the account. A summary of these accounts must be reported to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee every six months following the enactment of this section." /
Renumber sections to conform.
Amend title to conform.
DAVID L. THOMAS, for Committee.
EXPLANATION OF IMPACT:
The S.C. Department of Probation, Parole, and Pardon Services forecasts a cost to the General Fund of the State with the passage of the proposed legislation. Specifically, passage of this bill could result in the loss of DACOR Administration Fee revenue, which is used to support the salaries and fringe benefits of the 18 agents who collect said restitution.
When the law concerning the collection and distribution of victim restitution fees was changed placing the responsibility on the department, the 20% collection fee was included to fund this program. The original revenue estimate for this program was $1.3 million in revenue annually after a two to three year phase in period. In fiscal year 1999-00, the department was appropriated $500,000 and provided authorization to expend collection fees. The intent was that as revenue from collection fees increased to the $1.3 million level the general fund appropriation would decrease in a like amount. Based on the revenue collected year-to-date it appears that if this bill were passed other funds collected could be minimal in future years, which could necessitate an increase in the general fund portion. Ultimately, the general fund could be expected to absorb the entire $1.3 million, or $800,000 more than what is currently being expended on the restitution program.
Approved By:
Don Addy
Office of State Budget
TO AMEND SECTION 24-21-490, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COLLECTION AND DISTRIBUTION OF RESTITUTION FEES SO AS TO PROVIDE THAT A COLLECTION FEE OF NOT MORE THAN TWENTY PERCENT SHALL BE SET BY THE JUDGE AND COLLECTED BY THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 24-21-490 of the 1976 Code is amended to read:
"(A) The Department of Probation, Parole, and Pardon Services shall have the responsibility for collecting and distributing restitution on a monthly basis from all offenders under probationary and intensive probationary supervision.
(B) Notwithstanding Section 14-17-725, the Department of Probation, Parole and Pardon Services shall collect an assessment fee of not more than assess a collection fee of twenty percent of each restitution program. The judge shall set the amount of the collection fee required by this section and the department upon collection shall deposit this collection fee into a separate account. The monies in this account must not be used until specifically authorized by law. The department shall maintain individual restitution accounts which reflect each transaction and the amount paid, the collection fee, and the unpaid balance of the account. A summary of these accounts must be reported to the Governor's Office, the President of the Senate, the Speaker of the House, the Chairman of the House Judiciary Committee, and the Chairman of the Senate Corrections and Penology Committee every six months following the enactment of this section."
SECTION 2. This act takes effect upon approval by the Governor.
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