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Current Status Bill Number:View additional legislative information at the LPITS web site.1251 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:20020430 Primary Sponsor:McConnell All Sponsors:McConnell, Hayes, Ford and Jackson Drafted Document Number:l:\council\bills\swb\5265zcw02.doc Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Establishment of the Dept. of Crime Victim Services; to replace Office of Victim Assistance History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ Senate 20020430 Introduced, read first time, 11 SJ referred to Committee Versions of This Bill
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 1-30-125 SO AS TO DESIGNATE THE DEPARTMENT OF CRIME VICTIM SERVICES AS A DEPARTMENT OF STATE GOVERNMENT; TO AMEND CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST THE PERSON, BY ADDING ARTICLE 12 SO AS TO PROVIDE FOR THE DEPARTMENT OF CRIME VICTIM SERVICES, AND THE VICTIM SERVICES OVERSIGHT COMMISSION; TO AMEND SECTION 1-30-10, AS AMENDED, RELATING TO THE DEPARTMENTS IN THE EXECUTIVE BRANCH, SO AS TO ADD THE DEPARTMENT OF CRIME VICTIM SERVICES; TO AMEND SECTION 1-30-110, RELATING TO THE DIVISIONS OF THE OFFICE OF GOVERNOR, SO AS TO DELETE THE OFFICE OF VICTIM ASSISTANCE; TO AMEND SECTION 16-3-1110, AS AMENDED, SECTIONS 16-3-1130, AS AMENDED, 16-3-1140, 16-3-1150, 16-3-1160, 16-3-1170, AS AMENDED, 16-3-1180, AS AMENDED, 16-3-1200, SECTION 16-3-1220, AS AMENDED, SECTION 16-3-1230, AS AMENDED, SECTION 16-3-1260, AS AMENDED, SECTION 16-3-1270, AS AMENDED, SECTIONS 16-3-1290, 16-3-1330, AS AMENDED, 16-3-1340, AS AMENDED, AND 16-3-1350, ALL RELATING TO THE VICTIM'S COMPENSATION FUND, ITS REQUIREMENTS AND PROCEDURES, SO AS TO PROVIDE IN ALL SECTIONS FOR TECHNICAL CHANGES TO COMPORT WITH THE ESTABLISHMENT OF THIS NEW DEPARTMENT; AND TO REPEAL SECTION 16-3-1120.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be referred to as the "South Carolina Department of Crime Victim Services Act".
SECTION 2. The 1976 Code is amended by adding:
"Section 1-30-125. Effective July 1, 2002, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property, and all contractual rights and obligations associated with any such agency, are transferred to and incorporated in and shall be administered as part of the Department of Crime Victim Services:
(A) State Office of Victim's Assistance, provided for in Section 16-3-1410; and
(B) South Carolina Advisory Board for Victim Assistance, provided for in Section 16-3-1160."
SECTION 3. The 1976 Code is amended by adding:
Section 16-3-1100. (A) There is created the South Carolina Department of Crime Victim Services, referred to in this chapter, as the department. The department must be headed by a director who shall be appointed by the Governor upon the advice and consent of the Senate. The director must possess sound moral character, superior knowledge of and experience in the field of crime victim services, and proven administrative ability. The director is subject to removal by the Governor pursuant to the provisions of Section 1-3-240. The director is vested with the duty and authority to oversee, manage, and control the operation, administration, and organization of the department. The director is authorized to hire deputy directors to head the divisions of the department who shall serve at his pleasure.
(B) The department is initially composed of the following divisions:
(1) Division of Victim Compensation, which is responsible for administering the Victims' Compensation Fund as provided in Section 16-3-1290;
(2) Division of Victim Services and Training for Victim Service Providers, which is responsible for developing and implementing a statewide protocol of victim services, for coordinating the training of all victim services providers, and for administering and distributing the revenues collected pursuant to provisions pertaining to crime victim services and the Victim's Compensation Fund contained in Sections 14-1-206, 14-1-207, 14-1-208, and 14-1-211;
(3) Division of Information Technology Services, which is responsible for developing and implementing the statewide computer network utilized to keep victims and victims service providers fully informed; and
(4) Division of Operations and Administration, which is responsible for the management of the department.
(C) The following councils, boards, and commissions are established:
(1) South Carolina Advisory Board for Victim Compensation as provided in Section 16-3-1160;
(2) Victims Services Oversight Commission as provided in Section 16-3-1104;
(3) Victim Assistance Network;
(4) advisory committees as are required by federal law or regulation regarding the programs which the department administers. These advisory committees, the state Advisory Board for Victim Compensation, and the Victim Services Oversight Commission, shall receive travel and per diem as provided by law.
(D) The director has the authority to promulgate regulations to carry out the provisions of these articles, Article 15 of this chapter, and the Victims Bill of Rights in Section 24 of Article 1 of the South Carolina Constitution. Regulations pertaining to this article in effect on July 1, 1993 shall remain in full force and effect unless otherwise amended as provided by law. Proposed regulations regarding victim compensation must be approved by the Advisory Board for Victim Compensation before the department submits them to the General Assembly for approval. Proposed regulations regarding victim services must be approved by the Victim Services Oversight Commission before the department submits them to the General Assembly for approval.
Section 16-3-1102. The department has the following duties and responsibilities in the area of victim compensation:
(1) develop and administer a plan for informing the public of the availability of the benefits provided under this article and procedures for filing claims for the benefits, with approval of the South Carolina Advisory Board for Victim Compensation; and
(2) request from the Attorney General, South Carolina Law Enforcement Division, solicitors, magistrates, judges, county and municipal police departments, and any other agency or department the information and data to assist the director in determining whether, and the extent to which, a claimant qualifies for awards. A person, agency, or department listed above is authorized to provide the director with the information requested upon receipt of a request from the director. A provision of law providing for confidentiality of juvenile records does not apply to a request of the director, the deputy director, the board, or a panel of the board pursuant to this section to:
(3) reinvestigate or reopen previously decided award cases as the department considers necessary;
(4) require the submission of medical records as are needed by the board, a panel of the board, or director, or his staff and, when necessary, to direct medical examination of the victim;
(5) take or cause to be taken affidavits or depositions within or without the State. This power may be delegated to the director, deputy director, or the advisory compensation board, or its panel;
(6) 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;
(7) reject incomplete claims for awards or assistance;
(8) render awards to victims of crime or to those other persons entitled to receive awards in the manner authorized by this article;
(9) apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime; and
(10) delegate powers of the director to the board or a panel of the board on appeal matters.
Section 16-3-1104. (A) There is established within the South Carolina Department of Crime Victim Services the Victim Services Oversight Commission. The Commission shall consist of the following members or their designees:
(1) Director, South Carolina Department of Crime Victim Services;
(2) Director of Victim Services, Office of the Attorney General;
(3) Director of the South Carolina Commission on Prosecution Coordination;
(4) Director of Victim Services, Department of Corrections;
(5) Director of Victim Services, Department of Probation, Parole and Pardon Services;
(6) Director of Victim Services, Department of Juvenile Justice;
(7) Administrator's Office of Justice Programs, Department of Public Safety;
(8) Director of the South Carolina Sheriffs' Association;
(9) President of the South Carolina Summary Court Association;
(10) President of the South Carolina Association of Chiefs of Police;
(11) President of the Law Enforcement Victim Advocates' Victim Advocates Forum;
(12) Executive Director of the South Carolina Coalition Against Domestic Violence and Sexual Assault;
(13) President of the South Carolina Victim Assistance Network;
(14) Director of the South Carolina Court Administration;
(15) President of the South Carolina Jailers' Association;
(16) Executive Director of the South Carolina Association of Counties;
(17) Executive Director of the South Carolina Municipal Association;
(18) Director of the Juvenile Parole Board;
(19) Chairman of the South Carolina Victim's Advocate Forum; and
(20) Two citizens who have been victims of violent crime and whose cases have been ultimately resolved, to be appointed by the Governor for terms that are coterminous with that of the appointing Governor.
(B) A vacancy on the commission must be filled within ninety days in the same manner as the initial appointment.
(C) The commission must select a chairman annually. Actions of the commission require a majority vote of those members present. A majority of the membership constitutes a quorum. The commission must meet at least six times each year and is subject to the call of the chairman. Membership on the commission does not constitute an office for purposes of the South Carolina Constitution's prohibitions against dual office holding.
(D) In addition to the duties provided in Section 16-3-1104, the commission must assist the South Carolina Department of Crime Victim Services in:
(1) considering improvements in and monitoring the effectiveness of statewide:
(a) victim services programs;
(b) standards and accountability in victim services;
(c) training and technical assistance programs;
(d) distribution and use of the revenues collected pursuant to provisions pertaining to crime victim services and the Victim's Compensation Fund contained in Sections 14-1-206, 14-1-207, 14-1-208, and 14-1-211; and
(2) developing regulations pertaining to the South Carolina Department of Crime Victim Services.
(E) The members of the commission 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 Victims' Compensation Fund.
Section 16-3-1106. Pursuant to the South Carolina Administrative Procedures Act, the South Carolina Department of Crime Victim Services with advice of the Victim Services Oversight Commission, shall promulgate regulations to:
(1) develop and provide information, training, and technical assistance to all state and local agencies and groups involved in victim witness assistance including, but not limited to, the Attorney General's Office, the solicitors' offices, all law enforcement agencies, courts, prisons, detention centers, the Department of Juvenile Justice, the Juvenile Parole Board, the Department of Mental Health, the Department of Disabilities and Special Needs, Alcohol and Other Drug Abuse Services, the Department of Social Services, hospital staff, rape crisis centers, and children's centers and shelters. Training provided by the South Carolina Department of Crime Victim Services and any other victim service provider must be reviewed and approved by the Victim Services Oversight Commission;
(2) outline minimum program standards for all agencies and organizations that receive funds either in part or in full by public funding for victims or witness assistance. These minimum standards must allow appropriate flexibility in program design;
(3) specify and approve the types of expenditures public victim or witness assistance funds may be used for;
(4) specify programmatic reporting requirements for all state and local agencies and organizations that receive funds either in part or in full by public funds designed for victim services. These requirements must be reasonable in their impact on providers, and must be designed to minimize related costs;
(5) require the reporting of funds spent on victim services by the agencies that provide victim services, and whose salaries are paid in part or in full by public funds, as mandated in Article 15, Chapter 3, Title 16;
(6) account for funds actually expended by the major expenditure category and the amount of funds carried over to the next fiscal period;
(7) require that all personnel mandated to provide victim services, funded either in part or in full by public funds report to the department at the times and in the form required by the department, data and information, both programmatic and financial, prescribed by the department;
(8) submit, to the greatest extent possible, reports via electronic data transfer approval by the department. If it is not possible for a local government entity to submit reports through the approved means of electronic data transfer, it shall certify such to the department. The department and the respective local government entity shall determine a suitable alternative means for submission of reports until such time as the local governmental entity is able to electronically transfer data in the manner approved by the department;
(9) protect confidentiality of victims and witnesses at all times during the reporting and transferring of such information; and
(10) develop and offer, or cause to be developed and offered, professional training curricula for victim advocates, which if successfully completed, will result in appropriate certifications."
SECTION 4. Section 1-30-10(A) of the 1976 Code, as last amended by Act 83 of 1995, is further amended by adding:
"20. Department of Crime Victim Services"
SECTION 5. Section 1-30-110 of the 1976 Code, as added by Act 181 of 1993, is amended to read:
"Section 1-30-110. Effective July 1, 1993, the following agencies, boards, and commissions, including all of the allied, advisory, affiliated, or related entities as well as the employees, funds, property and all contractual rights and obligations associated with any such agency, except for those subdivisions specifically included under another department, are hereby transferred to and incorporated in and shall be administered as part of the office of the Governor:
(1) Continuum of Care for Emotionally Disturbed Children provided for at Section 20-7-5610, et seq.;
(2) Guardian Ad Litem Program, formerly provided for at Section 20-7-121, et seq.;
(3) State Office of Victim's Assistance, formerly provided for at Section 16-3-1110, et seq.;
(4)Department of Veterans Affairs, formerly provided for at Section 25-11-10, et seq.;
(5)(4) Commission on Women, formerly provided for at Section 1-15-10, et seq.;
(6)(5) Commission on Aging, formerly provided for at Section 43-21-10, et seq.;
(7)(6) Foster Care Review Board, formerly provided for at Section 20-7-2376, et seq.;"
SECTION 6. Section 16-3-1110 of the 1976 Code, as last amended by Act 321 of 1998, is further amended to read:
"Section 16-3-1110. For the purpose of this article and Articles 14 and Article 15 of this chapter:
(1) 'Board' means the South Carolina Crime Victim's Advisory Board for Victim Compensation.
(2) 'Claimant' means any a person filing a claim pursuant to this article.
(3) 'Fund' means the South Carolina Victim's Compensation Fund, which is a division of the Office of the Governor administered by the Division of Victim Assistance of the department.
(4) 'Director' means the Director of the Victim's Compensation Fund who is appointed by the Governor. The director shall be in charge of the State Office of Victim's Assistance which is part of this division under the supervision of the Governor Department of Crime Victim Services.
(5) 'Field representative' means a field representative of the State Victim's Compensation Fund department assigned to handle a claim.
(6) 'Crime' means an act which is defined as a crime by state, federal, or common law, including terrorism as defined in Section 2331 of Title 18, United States Code. Unless injury or death was recklessly or intentionally inflicted, 'crime' does not include an act involving the operation of a motor vehicle, boat, or aircraft.
(7) 'Recklessly or intentionally' inflicted injury or death includes, but is not limited to, injury or death resulting from an act which violates Section 56-5-1210, 56-5-2910, 56-5-2920, or 56-5-2930 or from 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 participated.
(8) 'Victim' means a person who suffers direct or threatened physical, emotional, or financial harm as the result of an act by someone else, which is a crime. The term includes immediate family members of a homicide victim or of any other victim who is either incompetent or a minor and includes an intervenor.
(9) 'Intervenor' means a person other than a law enforcement officer performing normal duties, who goes to the aid of another, acting not recklessly, to prevent the commission of a crime or lawfully apprehend a person reasonably suspected of having committed a crime.
(10) 'Deputy director' means the a deputy director of the Victim's Compensation Fund department.
(11) Panel' means a three-member panel of the board designated by the board chairman to hear appeals.
(12)(a) 'Restitution' means payment for all injuries, specific losses, and expenses sustained by a crime victim resulting from an offender's criminal conduct. It includes, but is not limited to:
(i) medical and psychological counseling expenses;
(ii) specific damages and economic losses;
(iii) funeral expenses and related costs;
(iv) vehicle impoundment fees;
(v) childcare costs; and
(vi) transportation related to a victim's participation in the criminal justice process.
Restitution does not include awards for pain and suffering, wrongful death, emotional distress, or loss of consortium. Restitution orders do not limit any civil claims a crime victim may file.
Notwithstanding any other provision of law, the applicable statute of limitations for a crime victim, who has a cause of action against an incarcerated offender based upon the incident which made the person a victim, is tolled and does not expire until three years after the offender's release from the sentence including probation and parole time or three years after release from commitment pursuant to Chapter 48 of Title 44, whichever is later. However, this provision shall not shorten any other tolling period of the statute of limitations which may exist for the crime victim."
SECTION 7. Section 16-3-1130(3) of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:
"(3) The field representative conducting the investigation shall file with the deputy director a written report setting forth a recommendation and his reason for the recommendation. The deputy director shall render a written decision and furnish the claimant with a copy of the decision."
SECTION 8. Section 16-3-1140 of the 1976 Code is amended to read:
"Section 16-3-1140. (1) The claimant may, within thirty days after receipt of the report of the decision of the Deputy Director director, make an application in writing to the Deputy Director director for review of the decision.
(2) Upon receipt of an application for review pursuant to subsection (1) of this section, the Deputy Director director shall forward all relevant documents and information to the Chairman of the Crime Victim's Advisory Board for Victim Compensation. The Chairman chairman shall appoint a three-member panel of the Board board which shall review the records and affirm or modify the decision of the Deputy Director director; provided, that the Chairman chairman may order, in his discretion, that any particular case must be heard by the full Board board. If considered necessary by the Board board or its panel or if requested by the claimant, the Board board or its panel shall order a hearing prior to rendering a decision. At the hearing any relevant evidence, not legally privileged, is admissible. The Board board or its panel shall render a decision within ninety days after completion of the investigation. The action of the Board board or its panel is final and nonappealable. If the Deputy Director director receives no application for review pursuant to subsection (1), his decision becomes the final decision of the Victim's Compensation Fund and the department.
(3) The Board board or its panel, 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 director shall within ten days after receipt of the Board's board's or panel's final decision make a report to the claimant including a copy of the final decision and the reasons why the decision was made."
SECTION 9. Section 16-3-1150 of the 1976 Code is amended to read:
"Section 16-3-1150. Notwithstanding the provisions of Section 16-3-1130, if it appears to the deputy director that the 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 emergency award shall not exceed five hundred dollars, (b) the total amount of such emergency awards shall not exceed one thousand dollars, (c) the amount of such emergency awards must be deducted from any final award made to the claimant, and (d) the excess of the amount of any emergency award over the amount of the final award, or the full amount of any emergency award if no final award is made, must be repaid by the claimant to the Victim's Compensation Fund as created by this article department."
SECTION 10. Section 16-3-1160 of the 1976 Code is amended to read:
"Section 16-3-1160. There is created a board to be known as the South Carolina Crime Victim's Advisory Board for Victim Compensation to consist of eleven members to be appointed by the Governor with the advice and consent of the Senate. Of the original seven members, 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 Compensation Assistance Fund, provided that such a qualified person is available. Of the four additional members, one must be a law enforcement officer with at least five years' administrative experience, one shall have at least five years' experience in directing sexual assault prevention or treatment services, one shall have at least five years' experience in providing services for domestic violence victims, and one shall have been a victim of crime.
The term of office of each appointed member is five years and until his successor is appointed and qualified. Of those seven 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 the initial terms to be designated by the Governor when making the initial appointments. The initial terms of four additional members to be appointed as provided herein are for two, three, four, and five years respectively, the initial term of each member to be designated by the Governor when making the appointment. The Governor shall select a chairman. The board may elect a secretary and other officers as deemed necessary.
Any vacancy must 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 must be subject to the call of the chairman, to consider improvements in and monitor the effectiveness of the Victim's Compensation Fund, and to review and comment advise on the budget and approve the regulations pertaining to the Victim's Compensation Fund of this article and the Victim/Witness Assistance Program of Article 14 of this chapter department. 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 11. Section 16-3-1170(4) of the 1976 Code, as last amended by Act 405 of 1988, is further amended to read:
"(4) the claimant or other award recipient has fully cooperated with all law enforcement agencies and with the South Carolina Victim's Compensation Fund department."
SECTION 12. Section 16-3-1180(C) and (E) of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:
"(C) The aggregate of award to and on behalf of victims may not exceed fifteen thousand dollars unless the Crime victim's Advisory Board board, by two-thirds vote, and the director concur that extraordinary circumstances exist. In this case, the award may not exceed twenty-five thousand dollars.
(E) A previously decided award may be reopened for the purpose of increasing the compensation previously awarded, subject to the maximum provided in this article. In this case the State Office of Victim Assistance department shall send immediately to the claimant a copy of the notice changing the award. This review may not affect the award as regards any monies paid, and the review may not be made after eighteen months from the date of the last payment of compensation pursuant to an award under this article unless the director determines there is a need to reopen the case as specified in Section 16-3-1120(4) 16-3-1102(3)."
SECTION 13. Section 16-3-1200 of the 1976 Code is amended to read:
"Section 16-3-1200. In determining the amount of an award, the Deputy Director director, the Board board, or its panel shall determine whether, because of his conduct the victim or intervenor of such the crime contributed to the infliction of his injury, and the Deputy Director director, the Board board, or its panel may reduce the amount of the award or reject the claim altogether in accordance with such that determination; provided, however, the Deputy Director director, the Board board, or its panel may disregard for this purpose the contribution of an intervenor for his own injury or death where the record shows that the contribution was attributable to efforts by the intervenor as set forth in as provided in subsection (8) (9) of Section 16-3-1110."
SECTION 14. Section 16-3-1220 of the 1976 Code, as last amended by Act 144 of 1991, is further amended to read:
"Section 16-3-1220. A person listed in Section 16-3-1210(1) is not eligible to recover under this article if the person:
(1) committed or aided in the commission of the crime upon which the claim is based or engaged in other unlawful activity which contributed to or aggravated the resulting injury;
(2) is the surviving parent, spouse, or dependent of a deceased victim who would have been barred by subsection (1) under Section 16-3-1210 had he survived;
(3) is a dependent of the offender who committed the crime upon which the claim is based, and the offender would be a principal beneficiary of the award."
SECTION 15. Section 16-3-1230(2)(c) of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:
"(c) the discovery by the law enforcement agency that the occurrence was the result of crime. Upon good cause shown, the time for filing may be extended for a period not to exceed four years after the occurrence or death. 'Good cause' for the above purposes includes reliance upon advice of an official victim assistance specialist who either misinformed or neglected to inform a victim of rights and benefits of the Victim's Compensation Fund available through the department but does not mean simply ignorance of the law."
SECTION 16. Section 16-3-1260 of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"Section 16-3-1260. (1) A payment of benefits to, or on behalf of, a victim or intervenor, or eligible family member under this article creates a debt due and owing to the State by a person as determined by a court of competent jurisdiction of this State, who has committed the criminal act.
(2) The circuit court, when placing on probation a 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 also may set the schedule or amounts of payments subject to modification based on change of circumstances.
(3) The Department of Probation, Parole and Pardon Services shall also have has the right to make payment of the debt or a portion of the debt to the State a condition of parole or community supervision.
(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 the debt to the State Office of Victim Assistance department, as created by this article, as an adult would have to pay had if an adult committed the crime. Any assessments ordered may be made a condition of probation as provided in Section 20-7-7805.
(5) Payments authorized or required under this section must be paid to the State Office of Victim Assistance department. The director of the State Office of Victim Assistance shall coordinate the development of policies and procedures for the South Carolina Department of Corrections, the Department of Juvenile Justice, the South Carolina Office of Court Administration, the Department of Probation, Parole and Pardon Services, and the South Carolina Board of Probation, Parole and Pardon Services to assure that victim restitution programs are administered in an effective manner to increase payments into the State Office of Victim Assistance department.
(6) Restitution payments to the State Office of Victim Assistance department may be made by the Department of Corrections from wages accumulated by offenders in its custody who are subject to this article, except that offenders' wages must not be used for this purpose if monthly wages are at or below minimums required to purchase basic necessities."
SECTION 17. Section 16-3-1270 of the 1976 Code, as last amended by Act 34 of 1997, is further amended to read:
"Section 16-3-1270. If a person is unable at the time of sentencing or at any other time the court may set to pay a restitution charge imposed by the court pursuant to Sections 24-23-210 through 24-23-230, such the restitution charge shall constitute a lien against the offender and against any real or personal property of the offender. A restitution charge shall not constitute a lien if it is waived by the director pursuant to Section 24-23-210. Such The lien may be filed by the Attorney General in the respective offices of the clerks of court and registers of deeds 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 18. Section 16-3-1290 of the 1976 Code is amended to read:
"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 the Victim's Compensation Fund and the payment of claims. The State Treasurer is the custodian of the fund and all monies in the fund are held by the State Treasurer.
(2) The funds placed in the Victim's Compensation Fund shall consist of:
(a) all money appropriated by the General Assembly, if any, for the purpose of compensating claimants under this article; and
(b) money recovered on behalf of the State pursuant to this article by subrogation or other action,;
(c) money recovered by court order,;
(d) money received from the federal government,;
(e) money received from additional court costs,;
(f) money received from assessments, surcharges, or fines,; or
(g) money received from any other public or private source, pursuant to this article.
(3) All administrative costs of this article, except the department director's salary, must be paid out of money collected pursuant to this article which has been deposited in the Victim's Compensation Fund.
(4) Interest earned on all monies held in the Victim's Compensation Fund shall be remitted to the general fund of the State is to be retained by the Victim's Compensation Fund and carried forward to succeeding fiscal years and must be applied for the same purposes."
SECTION 19. Section 16-3-1330 of the 1976 Code, as last amended by Act 367 of 1988, is further amended to read:
"Section 16-3-1330. When the director determines that projected revenue in any fiscal year will be insufficient to pay projected claims or awards in the amounts provided herein, he shall reduce the amount of all claims or awards by an amount equal to the ratio of projected revenue to the total projected claims or awards cost. When these reductions are required, the director shall inform the public through the media of the reductions as promptly as possible. The reductions apply to all claims or awards not paid as of the effective date of the reductions order.
Any award hereunder is specifically not a claim against the State if it cannot be paid due to a lack of funds in the Victim's Compensation Fund department."
SECTION 20. Section 16-3-1340 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 16-3-1340. A claimant may be represented by an attorney in proceedings under this article. Fees for such attorney must be paid from the Victim's Compensation Fund, subject to the approval of the director, except that in the event of an appeal pursuant to Section 16-3-1140, attorneys' fees are subject to the approval of the board or its panel hearing the appeal. Attorneys for the South Carolina State Accident Fund shall represent the South Carolina Victim's Compensation Fund in proceedings under this article Attorneys from the department represent the department in proceedings under this article.
Any A 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 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 is guilty of a misdemeanor and, upon conviction, must for each offense, shall be punished for each offense, 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."
SECTION 21. Section 16-3-1350 of the 1976 Code, as added by Act 141 of 1997, is amended to read:
"Section 16-3-1350. (A) The State must ensure that a victim of criminal sexual conduct in any degree, criminal sexual conduct with a minor in any degree, or child sexual abuse must not bear the cost of his or her routine medicolegal exam following the assault if the victim has filed an incident report with a law enforcement agency.
(B) These exams must be standardized relevant to medical treatment and to gathering evidence from the body of the victim and must be based on and meet minimum standards for rape exam protocol as developed by the South Carolina Law Enforcement Division, the South Carolina Hospital Association, and the Governor's Office Division of Victim Assistance department with production costs to be paid from funds appropriated for the Victim's Compensation Fund. These exams must include treatment for venereal disease, and must include medication for pregnancy prevention if indicated and if desired. The South Carolina Law Enforcement Division must distribute these exam kits to any licensed health care facility providing sexual assault exams. When dealing with a victim of criminal sexual assault, the law enforcement agency immediately must transport the victim to the nearest licensed health care facility which performs sexual assault exams. A health care facility providing sexual assault exams must use the standardized protocol described above.
(C) A licensed health care facility, upon completion of a routine sexual assault exam as described in subsection (B) performed on a victim of criminal sexual conduct in any degree, criminal sexual conduct with a minor in any degree, or child sexual abuse, may file a claim for reimbursement directly to the South Carolina Crime Victim's Compensation Fund department if the offense occurred in South Carolina. The South Carolina Crime Victim's Compensation Fund department must develop procedures for health care facilities to follow when filing a claim with respect to the privacy of the victim. Health care facility personnel must obtain information necessary for the claim at the time of the exam, if possible. The South Carolina Crime Victim's Compensation Fund department must reimburse eligible health care facilities directly.
(D) The Governor's Office Division of Victim Assistance department must utilize existing funds appropriated from the general fund for the purpose of compensating licensed health care facilities for the cost of routine medical exams for sexual assault victims as described above. When the director determines that projected reimbursements in a fiscal year provided in this section exceed funds appropriated for payment of these reimbursements, he must direct the payment of the additional services from the Victim's Compensation Fund. For the purpose of this particular exam, the one hundred dollar deductible is waived for award eligibility under the fund. The South Carolina Victim's Compensation Fund department must develop appropriate guidelines and procedures and distribute them to law enforcement agencies and appropriate health care facilities."
SECTION 22. Section 16-3-1410 of the 1976 Code is amended to read:
"Section 16-3-1410. The Victim Compensation Fund South Carolina Department of Crime Victim Services is authorized to provide the following victim assistance services, contingent upon an appropriation of funds therefor by the General Assembly:
(A) Provide information, training, and technical assistance to state and local agencies and groups involved in victim/witness and domestic violence assistance, such as the Attorney General's Office, the solicitors' offices, law enforcement agencies, judges, hospital staff, rape crisis centers, and spouse abuse shelters.
(B) Provide recommendations to the Governor and General Assembly on needed legislation and services for victims.
(C)(A) Serve as a clearinghouse of victim/witness information.;
(D) Develop guidelines for the implementation of victim/witness assistance programs.
(E)(B) Develop ongoing public awareness and programs to assist victims, such as including, but not limited to, the production and publication of newsletters, brochures, news articles, as well as television and radio spots and programs, and news articles.
(F)(C) Provide staff support for a state level advisory group representative of all agencies and groups involved in victim/witness and domestic violence services to improve coordination efforts. through including, but not limited to, the following:
(1) planning and co-sponsoring the annual Victim Rights Week celebration;
(2) providing emergency funds for crime victims;
(3) maintaining a website of resources;
(4) maintaining a comprehensive library;
(5) publishing quarterly publications; and
(6) providing general assistance with any other activities promoting coordination efforts.
(G) Coordinate the development and implementation of policy and guidelines for the treatment of victims/witnesses with appropriate agencies, with initial emphasis in the following three areas:
(1) The State Victim/Witness Program shall work with the solicitors of this State, the Attorney General's Office, and relevant professional organizations to develop guidelines for solicitors to follow in the handling of victims, to include but not be limited to:
(a) Periodically informing victims of the status of a case.
(b) Providing information to the court on the views of victims of violent crime on bail decisions, continuances, plea bargains, dismissals, sentencing, and restitution.
(c) Pursuing charges of defendants who harass, threaten, injure, or otherwise attempt to intimidate or retaliate against victims or witnesses.
(d)(D) maintain and program Utilizing a victim and witness on-call electronic data collection and notification system.
(e) Developing procedures for the prompt return of victims' property.
(f) Considering the views of victims and witnesses concerning the use of case continuances.
(g) Informing the solicitors' offices about victim assistance units and their effectiveness.
(h) Informing victims of the availability of civil as well as criminal redress.
(2) The State Victim/Witness Program shall assist the Office of Court Administration and South Carolina Sentencing Guidelines Commission in developing guidelines for all judges to follow in the handling of victims, to include but not be limited to:
(a) Scheduling of court proceedings and an on-call notification system.
(b) Separate waiting rooms for prosecution and defense witnesses.
(c) Special weight for victim's interests when considering requests for continuances.
(d) Special weight must be given to the victim's interest in speedy return of property before trial in ruling on the admissibility of photographs of that property.
(e) Child sexual assault/incest victims must be given practical legal support by allowing them videotape, legal transcript, or closed session testimony.
(3) The State Victim/Witness Program shall work with the appropriate law enforcement officers' associations and other relevant organizations to develop guidelines and model policies for law enforcement agencies to utilize in handling and working with victims of crime.
(E) produce, collect, and consolidate an annual report that includes, but is not limited to, the following:
(1) audits and other financial reports detailing expenditures of all agencies and organizations that receive public funds designated for victim services;
(2) information on the programmatic activity of all agencies and organizations that receive public funds designated for victim services, making this information available through the Internet;
(3) periodic monitoring of publicly funded victim assistance programs to ensure they are operating within prescribed minimum standards, and offer or cause to be offered technical assistance, as appropriate; and
(4) conduct an ongoing evaluation of the organizational efficiency of victim and witness services delivery systems in South Carolina. The results shall be included in its annual report, along with appropriate recommendations for statutory and constitutional changes to the General Assembly. The department is authorized to carry out the activities of the Victim Services Oversight Commission and provide administrative assistance necessary to the activities of the Victim Services Oversight Commission."
SECTION 23. Section 16-3-1420 of the 1976 Code is amended to read:
"Section 16-3-1420. The Director of the State Victim/Witness Assistance Program is the Director of the South Carolina Victim's Compensation Fund South Carolina Department of Crime Victim Services."
SECTION 24. Section 16-3-1120 of the 1976 Code is repealed.
SECTION 25. This act takes upon approval by the Governor.
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Tuesday, December 8, 2009 at 11:17 A.M.