2001-2002 Bill 1251: Establishment of the Dept. of Crime Victim Services; to Replace Office

1 BIL: 1251 2 TYP: General Bill GB 3 INB: Senate 4 IND: 20020430 5 PSP: McConnell 6 SPO: McConnell, Hayes, Ford and Jackson 7 DDN: l:\council\bills\swb\5265zcw02.doc 8 RBY: Senate 9 COM: Judiciary Committee 11 SJ 10 SUB: Establishment of the Dept. of Crime Victim Services; to replace Office 11 of Victim Assistance 12 13 14 HST: 15 16 Body Date Action Description Com Leg Involved 17 ______18 Senate 20020430 Introduced, read first time, 11 SJ 19 referred to Committee 20 21 22 23 Versions of This Bill 24 25 26 27 28 TXT: 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 12 1976, BY ADDING SECTION 1-30-125 SO AS TO DESIGNATE 13 THE DEPARTMENT OF CRIME VICTIM SERVICES AS A 14 DEPARTMENT OF STATE GOVERNMENT; TO AMEND 15 CHAPTER 3, TITLE 16, RELATING TO OFFENSES AGAINST 16 THE PERSON, BY ADDING ARTICLE 12 SO AS TO 17 PROVIDE FOR THE DEPARTMENT OF CRIME VICTIM 18 SERVICES, AND THE VICTIM SERVICES OVERSIGHT 19 COMMISSION; TO AMEND SECTION 1-30-10, AS 20 AMENDED, RELATING TO THE DEPARTMENTS IN THE 21 EXECUTIVE BRANCH, SO AS TO ADD THE DEPARTMENT 22 OF CRIME VICTIM SERVICES; TO AMEND SECTION 23 1-30-110, RELATING TO THE DIVISIONS OF THE OFFICE 24 OF GOVERNOR, SO AS TO DELETE THE OFFICE OF 25 VICTIM ASSISTANCE; TO AMEND SECTION 16-3-1110, AS 26 AMENDED, SECTIONS 16-3-1130, AS AMENDED, 16-3-1140, 27 16-3-1150, 16-3-1160, 16-3-1170, AS AMENDED, 16-3-1180, AS 28 AMENDED, 16-3-1200, SECTION 16-3-1220, AS AMENDED, 29 SECTION 16-3-1230, AS AMENDED, SECTION 16-3-1260, AS 30 AMENDED, SECTION 16-3-1270, AS AMENDED, SECTIONS 31 16-3-1290, 16-3-1330, AS AMENDED, 16-3-1340, AS 32 AMENDED, AND 16-3-1350, ALL RELATING TO THE 33 VICTIM’S COMPENSATION FUND, ITS REQUIREMENTS 34 AND PROCEDURES, SO AS TO PROVIDE IN ALL SECTIONS 35 FOR TECHNICAL CHANGES TO COMPORT WITH THE 36 ESTABLISHMENT OF THIS NEW DEPARTMENT; AND TO 37 REPEAL SECTION 16-3-1120. 38 39 Be it enacted by the General Assembly of the State of South 40 Carolina: 41

1 [1251] 1 1 SECTION 1. This act may be referred to as the “South Carolina 2 Department of Crime Victim Services Act”. 3 4 SECTION 2. The 1976 Code is amended by adding: 5 6 “Section 1-30-125. Effective July 1, 2002, the following 7 agencies, boards, and commissions, including all of the allied, 8 advisory, affiliated, or related entities as well as the employees, 9 funds, property, and all contractual rights and obligations 10 associated with any such agency, are transferred to and 11 incorporated in and shall be administered as part of the Department 12 of Crime Victim Services: 13 (A) State Office of Victim’s Assistance, provided for in Section 14 16-3-1410; and 15 (B) South Carolina Advisory Board for Victim Assistance, 16 provided for in Section 16-3-1160.” 17 18 SECTION 3. The 1976 Code is amended by adding: 19 20 “Article 12 21 22 South Carolina Department of Crime Victim Services 23 24 Section 16-3-1100. (A) There is created the South Carolina 25 Department of Crime Victim Services, referred to in this chapter, 26 as the department. The department must be headed by a director 27 who shall be appointed by the Governor upon the advice and 28 consent of the Senate. The director must possess sound moral 29 character, superior knowledge of and experience in the field of 30 crime victim services, and proven administrative ability. The 31 director is subject to removal by the Governor pursuant to the 32 provisions of Section 1-3-240. The director is vested with the duty 33 and authority to oversee, manage, and control the operation, 34 administration, and organization of the department. The director is 35 authorized to hire deputy directors to head the divisions of the 36 department who shall serve at his pleasure. 37 (B) The department is initially composed of the following 38 divisions: 39 (1) Division of Victim Compensation, which is responsible 40 for administering the Victims’ Compensation Fund as provided in 41 Section 16-3-1290; 42 (2) Division of Victim Services and Training for Victim 43 Service Providers, which is responsible for developing and

1 [1251] 2 1 implementing a statewide protocol of victim services, for 2 coordinating the training of all victim services providers, and for 3 administering and distributing the revenues collected pursuant to 4 provisions pertaining to crime victim services and the Victim’s 5 Compensation Fund contained in Sections 14-1-206, 14-1-207, 6 14-1-208, and 14-1-211; 7 (3) Division of Information Technology Services, which is 8 responsible for developing and implementing the statewide 9 computer network utilized to keep victims and victims service 10 providers fully informed; and 11 (4) Division of Operations and Administration, which is 12 responsible for the management of the department. 13 (C) The following councils, boards, and commissions are 14 established: 15 (1) South Carolina Advisory Board for Victim Compensation 16 as provided in Section 16-3-1160; 17 (2) Victims Services Oversight Commission as provided in 18 Section 16-3-1104; 19 (3) Victim Assistance Network; 20 (4) advisory committees as are required by federal law or 21 regulation regarding the programs which the department 22 administers. These advisory committees, the state Advisory Board 23 for Victim Compensation, and the Victim Services Oversight 24 Commission, shall receive travel and per diem as provided by law. 25 (D) The director has the authority to promulgate regulations to 26 carry out the provisions of these articles, Article 15 of this chapter, 27 and the Victims Bill of Rights in Section 24 of Article 1 of the 28 South Carolina Constitution. Regulations pertaining to this article 29 in effect on July 1, 1993 shall remain in full force and effect unless 30 otherwise amended as provided by law. Proposed regulations 31 regarding victim compensation must be approved by the Advisory 32 Board for Victim Compensation before the department submits 33 them to the General Assembly for approval. Proposed regulations 34 regarding victim services must be approved by the Victim Services 35 Oversight Commission before the department submits them to the 36 General Assembly for approval. 37 38 Section 16-3-1102. The department has the following duties and 39 responsibilities in the area of victim compensation: 40 (1) develop and administer a plan for informing the public of 41 the availability of the benefits provided under this article and 42 procedures for filing claims for the benefits, with approval of the 43 South Carolina Advisory Board for Victim Compensation; and

1 [1251] 3 1 (2) request from the Attorney General, South Carolina Law 2 Enforcement Division, solicitors, magistrates, judges, county and 3 municipal police departments, and any other agency or department 4 the information and data to assist the director in determining 5 whether, and the extent to which, a claimant qualifies for awards. 6 A person, agency, or department listed above is authorized to 7 provide the director with the information requested upon receipt of 8 a request from the director. A provision of law providing for 9 confidentiality of juvenile records does not apply to a request of 10 the director, the deputy director, the board, or a panel of the board 11 pursuant to this section to: 12 (3) reinvestigate or reopen previously decided award cases 13 as the department considers necessary; 14 (4) require the submission of medical records as are needed 15 by the board, a panel of the board, or director, or his staff and, 16 when necessary, to direct medical examination of the victim; 17 (5) take or cause to be taken affidavits or depositions within 18 or without the State. This power may be delegated to the director, 19 deputy director, or the advisory compensation board, or its panel; 20 (6) render each year to the Governor and to the General 21 Assembly a written report of the activities of the Victim’s 22 Compensation Fund pursuant to this article; 23 (7) reject incomplete claims for awards or assistance; 24 (8) render awards to victims of crime or to those other 25 persons entitled to receive awards in the manner authorized by this 26 article; 27 (9) apply for funds from, and to submit all necessary forms 28 to, any federal agency participating in a cooperative program to 29 compensate victims of crime; and 30 (10) delegate powers of the director to the board or a panel of 31 the board on appeal matters. 32 33 Section 16-3-1104. (A) There is established within the South 34 Carolina Department of Crime Victim Services the Victim 35 Services Oversight Commission. The Commission shall consist of 36 the following members or their designees: 37 (1) Director, South Carolina Department of Crime Victim 38 Services; 39 (2) Director of Victim Services, Office of the Attorney 40 General; 41 (3) Director of the South Carolina Commission on 42 Prosecution Coordination; 43 (4) Director of Victim Services, Department of Corrections;

1 [1251] 4 1 (5) Director of Victim Services, Department of Probation, 2 Parole and Pardon Services; 3 (6) Director of Victim Services, Department of Juvenile 4 Justice; 5 (7) Administrator’s Office of Justice Programs, Department 6 of Public Safety; 7 (8) Director of the South Carolina Sheriffs’ Association; 8 (9) President of the South Carolina Summary Court 9 Association; 10 (10) President of the South Carolina Association of Chiefs of 11 Police; 12 (11) President of the Law Enforcement Victim Advocates’ 13 Victim Advocates Forum; 14 (12) Executive Director of the South Carolina Coalition 15 Against Domestic Violence and Sexual Assault; 16 (13) President of the South Carolina Victim Assistance 17 Network; 18 (14) Director of the South Carolina Court Administration; 19 (15) President of the South Carolina Jailers’ Association; 20 (16) Executive Director of the South Carolina Association of 21 Counties; 22 (17) Executive Director of the South Carolina Municipal 23 Association; 24 (18) Director of the Juvenile Parole Board; 25 (19) Chairman of the South Carolina Victim’s Advocate 26 Forum; and 27 (20) Two citizens who have been victims of violent crime and 28 whose cases have been ultimately resolved, to be appointed by the 29 Governor for terms that are coterminous with that of the 30 appointing Governor. 31 (B) A vacancy on the commission must be filled within ninety 32 days in the same manner as the initial appointment. 33 (C) The commission must select a chairman annually. Actions 34 of the commission require a majority vote of those members 35 present. A majority of the membership constitutes a quorum. The 36 commission must meet at least six times each year and is subject to 37 the call of the chairman. Membership on the commission does not 38 constitute an office for purposes of the South Carolina 39 Constitution’s prohibitions against dual office holding. 40 (D) In addition to the duties provided in Section 16-3-1104, the 41 commission must assist the South Carolina Department of Crime 42 Victim Services in:

1 [1251] 5 1 (1) considering improvements in and monitoring the 2 effectiveness of statewide: 3 (a) victim services programs; 4 (b) standards and accountability in victim services; 5 (c) training and technical assistance programs; 6 (d) distribution and use of the revenues collected pursuant 7 to provisions pertaining to crime victim services and the Victim’s 8 Compensation Fund contained in Sections 14-1-206, 14-1-207, 9 14-1-208, and 14-1-211; and 10 (2) developing regulations pertaining to the South Carolina 11 Department of Crime Victim Services. 12 (E) The members of the commission shall receive the same 13 subsistence, mileage, and per diem as is provided by law for 14 members of state boards, committees, and commissions to be paid 15 from the Victims’ Compensation Fund. 16 17 Section 16-3-1106. Pursuant to the South Carolina 18 Administrative Procedures Act, the South Carolina Department of 19 Crime Victim Services with advice of the Victim Services 20 Oversight Commission, shall promulgate regulations to: 21 (1) develop and provide information, training, and technical 22 assistance to all state and local agencies and groups involved in 23 victim witness assistance including, but not limited to, the 24 Attorney General’s Office, the solicitors’ offices, all law 25 enforcement agencies, courts, prisons, detention centers, the 26 Department of Juvenile Justice, the Juvenile Parole Board, the 27 Department of Mental Health, the Department of Disabilities and 28 Special Needs, Alcohol and Other Drug Abuse Services, the 29 Department of Social Services, hospital staff, rape crisis centers, 30 and children’s centers and shelters. Training provided by the 31 South Carolina Department of Crime Victim Services and any 32 other victim service provider must be reviewed and approved by 33 the Victim Services Oversight Commission; 34 (2) outline minimum program standards for all agencies and 35 organizations that receive funds either in part or in full by public 36 funding for victims or witness assistance. These minimum 37 standards must allow appropriate flexibility in program design; 38 (3) specify and approve the types of expenditures public victim 39 or witness assistance funds may be used for; 40 (4) specify programmatic reporting requirements for all state 41 and local agencies and organizations that receive funds either in 42 part or in full by public funds designed for victim services. These

1 [1251] 6 1 requirements must be reasonable in their impact on providers, and 2 must be designed to minimize related costs; 3 (5) require the reporting of funds spent on victim services by 4 the agencies that provide victim services, and whose salaries are 5 paid in part or in full by public funds, as mandated in Article 15, 6 Chapter 3, Title 16; 7 (6) account for funds actually expended by the major 8 expenditure category and the amount of funds carried over to the 9 next fiscal period; 10 (7) require that all personnel mandated to provide victim 11 services, funded either in part or in full by public funds report to 12 the department at the times and in the form required by the 13 department, data and information, both programmatic and 14 financial, prescribed by the department; 15 (8) submit, to the greatest extent possible, reports via electronic 16 data transfer approval by the department. If it is not possible for a 17 local government entity to submit reports through the approved 18 means of electronic data transfer, it shall certify such to the 19 department. The department and the respective local government 20 entity shall determine a suitable alternative means for submission 21 of reports until such time as the local governmental entity is able to 22 electronically transfer data in the manner approved by the 23 department; 24 (9) protect confidentiality of victims and witnesses at all times 25 during the reporting and transferring of such information; and 26 (10) develop and offer, or cause to be developed and offered, 27 professional training curricula for victim advocates, which if 28 successfully completed, will result in appropriate certifications.” 29 30 SECTION 4. Section 1-30-10(A) of the 1976 Code, as last 31 amended by Act 83 of 1995, is further amended by adding: 32 33 “20. Department of Crime Victim Services” 34 35 SECTION 5. Section 1-30-110 of the 1976 Code, as added by Act 36 181 of 1993, is amended to read: 37 38 “Section 1-30-110. Effective July 1, 1993, the following 39 agencies, boards, and commissions, including all of the allied, 40 advisory, affiliated, or related entities as well as the employees, 41 funds, property and all contractual rights and obligations 42 associated with any such agency, except for those subdivisions 43 specifically included under another department, are hereby

1 [1251] 7 1 transferred to and incorporated in and shall be administered as part 2 of the office of the Governor: 3 (1) Continuum of Care for Emotionally Disturbed Children 4 provided for at Section 20-7-5610, et seq.; 5 (2) Guardian Ad Litem Program, formerly provided for at 6 Section 20-7-121, et seq.; 7 (3) State Office of Victim’s Assistance, formerly provided for 8 at Section 16-3-1110, et seq.; 9 (4)Department of Veterans Affairs, formerly provided for at 10 Section 25-11-10, et seq.; 11 (5)(4) Commission on Women, formerly provided for at 12 Section 1-15-10, et seq.; 13 (6)(5) Commission on Aging, formerly provided for at Section 14 43-21-10, et seq.; 15 (7)(6) Foster Care Review Board, formerly provided for at 16 Section 20-7-2376, et seq.;” 17 18 SECTION 6. Section 16-3-1110 of the 1976 Code, as last 19 amended by Act 321 of 1998, is further amended to read: 20 21 “Section 16-3-1110. For the purpose of this article and Articles 22 14 and Article 15 of this chapter: 23 (1) ‘Board’ means the South Carolina Crime Victim’s 24 Advisory Board for Victim Compensation. 25 (2) ‘Claimant’ means any a person filing a claim pursuant to 26 this article. 27 (3) ‘Fund’ means the South Carolina Victim’s Compensation 28 Fund, which is a division of the Office of the Governor 29 administered by the Division of Victim Assistance of the 30 department. 31 (4) ‘Director’ means the Director of the Victim’s 32 Compensation Fund who is appointed by the Governor. The 33 director shall be in charge of the State Office of Victim’s 34 Assistance which is part of this division under the supervision of 35 the Governor Department of Crime Victim Services. 36 (5) ‘Field representative’ means a field representative of the 37 State Victim’s Compensation Fund department assigned to handle 38 a claim. 39 (6) ‘Crime’ means an act which is defined as a crime by state, 40 federal, or common law, including terrorism as defined in Section 41 2331 of Title 18, United States Code. Unless injury or death was 42 recklessly or intentionally inflicted, ‘crime’ does not include an act 43 involving the operation of a motor vehicle, boat, or aircraft.

1 [1251] 8 1 (7) ‘Recklessly or intentionally’ inflicted injury or death 2 includes, but is not limited to, injury or death resulting from an act 3 which violates Section 56-5-1210, 56-5-2910, 56-5-2920, or 4 56-5-2930 or from the use of a motor vehicle, boat, or aircraft to 5 flee the scene of a crime in which the driver of the motor vehicle, 6 boat, or aircraft knowingly participated. 7 (8) ‘Victim’ means a person who suffers direct or threatened 8 physical, emotional, or financial harm as the result of an act by 9 someone else, which is a crime. The term includes immediate 10 family members of a homicide victim or of any other victim who is 11 either incompetent or a minor and includes an intervenor. 12 (9) ‘Intervenor’ means a person other than a law enforcement 13 officer performing normal duties, who goes to the aid of another, 14 acting not recklessly, to prevent the commission of a crime or 15 lawfully apprehend a person reasonably suspected of having 16 committed a crime. 17 (10) ‘Deputy director’ means the a deputy director of the 18 Victim’s Compensation Fund department. 19 (11) Panel’ means a three-member panel of the board designated 20 by the board chairman to hear appeals. 21 (12)(a) ‘Restitution’ means payment for all injuries, specific 22 losses, and expenses sustained by a crime victim resulting from an 23 offender’s criminal conduct. It includes, but is not limited to: 24 (i) medical and psychological counseling expenses; 25 (ii) specific damages and economic losses; 26 (iii) funeral expenses and related costs; 27 (iv) vehicle impoundment fees; 28 (v) childcare costs; and 29 (vi) transportation related to a victim’s participation in the 30 criminal justice process. 31 Restitution does not include awards for pain and suffering, 32 wrongful death, emotional distress, or loss of consortium. 33 Restitution orders do not limit any civil claims a crime victim may 34 file. 35 Notwithstanding any other provision of law, the applicable 36 statute of limitations for a crime victim, who has a cause of action 37 against an incarcerated offender based upon the incident which 38 made the person a victim, is tolled and does not expire until three 39 years after the offender’s release from the sentence including 40 probation and parole time or three years after release from 41 commitment pursuant to Chapter 48 of Title 44, whichever is later. 42 However, this provision shall not shorten any other tolling period 43 of the statute of limitations which may exist for the crime victim.”

1 [1251] 9 1 2 SECTION 7. Section 16-3-1130(3) of the 1976 Code, as last 3 amended by Act 181 of 1989, is further amended to read: 4 5 “(3) The field representative conducting the investigation shall 6 file with the deputy director a written report setting forth a 7 recommendation and his reason for the recommendation. The 8 deputy director shall render a written decision and furnish the 9 claimant with a copy of the decision.” 10 11 SECTION 8. Section 16-3-1140 of the 1976 Code is amended to 12 read: 13 14 “Section 16-3-1140. (1) The claimant may, within thirty days 15 after receipt of the report of the decision of the Deputy Director 16 director, make an application in writing to the Deputy Director 17 director for review of the decision. 18 (2) Upon receipt of an application for review pursuant to 19 subsection (1) of this section, the Deputy Director director shall 20 forward all relevant documents and information to the Chairman of 21 the Crime Victim’s Advisory Board for Victim Compensation. 22 The Chairman chairman shall appoint a three-member panel of the 23 Board board which shall review the records and affirm or modify 24 the decision of the Deputy Director director; provided, that the 25 Chairman chairman may order, in his discretion, that any particular 26 case must be heard by the full Board board. If considered 27 necessary by the Board board or its panel or if requested by the 28 claimant, the Board board or its panel shall order a hearing prior to 29 rendering a decision. At the hearing any relevant evidence, not 30 legally privileged, is admissible. The Board board or its panel 31 shall render a decision within ninety days after completion of the 32 investigation. The action of the Board board or its panel is final 33 and nonappealable. If the Deputy Director director receives no 34 application for review pursuant to subsection (1), his decision 35 becomes the final decision of the Victim’s Compensation Fund 36 and the department. 37 (3) The Board board or its panel, for purposes of this article, 38 may subpoena witnesses, administer or cause to be administered 39 oaths, and examine such parts of the books and records of the 40 parties to proceedings as relate to questions in dispute. 41 (4) The Deputy Director director shall within ten days after 42 receipt of the Board’s board’s or panel’s final decision make a

1 [1251] 10 1 report to the claimant including a copy of the final decision and the 2 reasons why the decision was made.” 3 4 SECTION 9. Section 16-3-1150 of the 1976 Code is amended to 5 read: 6 7 “Section 16-3-1150. Notwithstanding the provisions of Section 8 16-3-1130, if it appears to the deputy director that the claim is one 9 with respect to which an award probably will be made and undue 10 hardship will result to the claimant, if immediate payment is not 11 made, the deputy director may make one or more emergency 12 awards to the claimant pending a final decision in the case, 13 provided that (a) the amount of each emergency award shall not 14 exceed five hundred dollars, (b) the total amount of such 15 emergency awards shall not exceed one thousand dollars, (c) the 16 amount of such emergency awards must be deducted from any 17 final award made to the claimant, and (d) the excess of the amount 18 of any emergency award over the amount of the final award, or the 19 full amount of any emergency award if no final award is made, 20 must be repaid by the claimant to the Victim’s Compensation Fund 21 as created by this article department.” 22 23 SECTION 10. Section 16-3-1160 of the 1976 Code is amended 24 to read: 25 26 “Section 16-3-1160. There is created a board to be known as 27 the South Carolina Crime Victim’s Advisory Board for Victim 28 Compensation to consist of eleven members to be appointed by the 29 Governor with the advice and consent of the Senate. Of the 30 original seven members, at least two of the members shall have 31 been admitted to practice law in this State for not less than five 32 years next preceding their appointment, one member shall be a 33 physician licensed to practice medicine under the laws of this 34 State, and one member shall have at least four years administrative 35 experience in a court-related Victim’s Compensation Assistance 36 Fund, provided that such a qualified person is available. Of the 37 four additional members, one must be a law enforcement officer 38 with at least five years’ administrative experience, one shall have 39 at least five years’ experience in directing sexual assault 40 prevention or treatment services, one shall have at least five years’ 41 experience in providing services for domestic violence victims, 42 and one shall have been a victim of crime.

1 [1251] 11 1 The term of office of each appointed member is five years and 2 until his successor is appointed and qualified. Of those seven 3 members first appointed, two shall serve for a term of one year, 4 two for a term of two years, one for a term of three years, one for a 5 term of four years, and one for a term of five years, with the initial 6 terms to be designated by the Governor when making the initial 7 appointments. The initial terms of four additional members to be 8 appointed as provided herein are for two, three, four, and five 9 years respectively, the initial term of each member to be 10 designated by the Governor when making the appointment. The 11 Governor shall select a chairman. The board may elect a secretary 12 and other officers as deemed necessary. 13 Any vacancy must be filled for the remainder of the unexpired 14 term by appointment in the same manner of the initial 15 appointments. 16 The board shall meet at least twice each year and must be 17 subject to the call of the chairman, to consider improvements in 18 and monitor the effectiveness of the Victim’s Compensation Fund, 19 and to review and comment advise on the budget and approve the 20 regulations pertaining to the Victim’s Compensation Fund of this 21 article and the Victim/Witness Assistance Program of Article 14 of 22 this chapter department. The members of the board shall receive 23 the same subsistence, mileage, and per diem as is provided by law 24 for members of state boards, committees, and commissions, to be 25 paid from the Victim’s Compensation Fund as created by this 26 article.” 27 28 SECTION 11. Section 16-3-1170(4) of the 1976 Code, as last 29 amended by Act 405 of 1988, is further amended to read: 30 31 “(4) the claimant or other award recipient has fully cooperated 32 with all law enforcement agencies and with the South Carolina 33 Victim’s Compensation Fund department.” 34 35 SECTION 12. Section 16-3-1180(C) and (E) of the 1976 Code, 36 as last amended by Act 458 of 1996, is further amended to read: 37 38 “(C) The aggregate of award to and on behalf of victims may not 39 exceed fifteen thousand dollars unless the Crime victim’s Advisory 40 Board board, by two-thirds vote, and the director concur that 41 extraordinary circumstances exist. In this case, the award may not 42 exceed twenty-five thousand dollars. 43

1 [1251] 12 1 (E) A previously decided award may be reopened for the 2 purpose of increasing the compensation previously awarded, 3 subject to the maximum provided in this article. In this case the 4 State Office of Victim Assistance department shall send 5 immediately to the claimant a copy of the notice changing the 6 award. This review may not affect the award as regards any 7 monies paid, and the review may not be made after eighteen 8 months from the date of the last payment of compensation 9 pursuant to an award under this article unless the director 10 determines there is a need to reopen the case as specified in 11 Section 16-3-1120(4) 16 - 3 - 1102(3).” 12 13 SECTION 13. Section 16-3-1200 of the 1976 Code is amended 14 to read: 15 16 “Section 16-3-1200. In determining the amount of an award, 17 the Deputy Director director, the Board board, or its panel shall 18 determine whether, because of his conduct the victim or intervenor 19 of such the crime contributed to the infliction of his injury, and the 20 Deputy Director director, the Board board, or its panel may reduce 21 the amount of the award or reject the claim altogether in 22 accordance with such that determination; provided, however, the 23 Deputy Director director, the Board board, or its panel may 24 disregard for this purpose the contribution of an intervenor for his 25 own injury or death where the record shows that the contribution 26 was attributable to efforts by the intervenor as set forth in as 27 provided in subsection (8) (9) of Section 16-3-1110.” 28 29 SECTION 14. Section 16-3-1220 of the 1976 Code, as last 30 amended by Act 144 of 1991, is further amended to read: 31 32 “Section 16-3-1220. A person listed in Section 16-3-1210(1) is 33 not eligible to recover under this article if the person: 34 (1) committed or aided in the commission of the crime upon 35 which the claim is based or engaged in other unlawful activity 36 which contributed to or aggravated the resulting injury; 37 (2) is the surviving parent, spouse, or dependent of a deceased 38 victim who would have been barred by subsection (1) under 39 Section 16 - 3 - 1210 had he survived; 40 (3) is a dependent of the offender who committed the crime 41 upon which the claim is based, and the offender would be a 42 principal beneficiary of the award.” 43

1 [1251] 13 1 SECTION 15. Section 16-3-1230(2)(c) of the 1976 Code, as last 2 amended by Act 181 of 1989, is further amended to read: 3 4 “(c) the discovery by the law enforcement agency that the 5 occurrence was the result of crime. Upon good cause shown, the 6 time for filing may be extended for a period not to exceed four 7 years after the occurrence or death. ‘Good cause’ for the above 8 purposes includes reliance upon advice of an official victim 9 assistance specialist who either misinformed or neglected to 10 inform a victim of rights and benefits of the Victim’s 11 Compensation Fund available through the department but does not 12 mean simply ignorance of the law.” 13 14 SECTION 16. Section 16-3-1260 of the 1976 Code, as last 15 amended by Act 83 of 1995, is further amended to read: 16 17 “Section 16-3-1260. (1) A payment of benefits to, or on 18 behalf of, a victim or intervenor, or eligible family member under 19 this article creates a debt due and owing to the State by a person as 20 determined by a court of competent jurisdiction of this State, who 21 has committed the criminal act. 22 (2) The circuit court, when placing on probation a person who 23 owes a debt to the State as a consequence of a criminal act, may set 24 as a condition of probation the payment of the debt or a portion of 25 the debt to the State. The court also may set the schedule or 26 amounts of payments subject to modification based on change of 27 circumstances. 28 (3) The Department of Probation, Parole and Pardon Services 29 shall also have has the right to make payment of the debt or a 30 portion of the debt to the State a condition of parole or community 31 supervision. 32 (4) When a juvenile is adjudicated delinquent in a family court 33 proceeding involving a crime upon which a claim under this article 34 can be made, the family court, in its discretion, may order that the 35 juvenile pay the debt to the State Office of Victim Assistance 36 department, as created by this article, as an adult would have to 37 pay had if an adult committed the crime. Any assessments ordered 38 may be made a condition of probation as provided in Section 39 20-7-7805. 40 (5) Payments authorized or required under this section must be 41 paid to the State Office of Victim Assistance department. The 42 director of the State Office of Victim Assistance shall coordinate 43 the development of policies and procedures for the South Carolina

1 [1251] 14 1 Department of Corrections, the Department of Juvenile Justice, the 2 South Carolina Office of Court Administration, the Department of 3 Probation, Parole and Pardon Services, and the South Carolina 4 Board of Probation, Parole and Pardon Services to assure that 5 victim restitution programs are administered in an effective 6 manner to increase payments into the State Office of Victim 7 Assistance department. 8 (6) Restitution payments to the State Office of Victim 9 Assistance department may be made by the Department of 10 Corrections from wages accumulated by offenders in its custody 11 who are subject to this article, except that offenders’ wages must 12 not be used for this purpose if monthly wages are at or below 13 minimums required to purchase basic necessities.” 14 15 SECTION 17. Section 16-3-1270 of the 1976 Code, as last 16 amended by Act 34 of 1997, is further amended to read: 17 18 “Section 16-3-1270. If a person is unable at the time of 19 sentencing or at any other time the court may set to pay a 20 restitution charge imposed by the court pursuant to Sections 21 24-23-210 through 24-23-230, such the restitution charge shall 22 constitute a lien against the offender and against any real or 23 personal property of the offender. A restitution charge shall not 24 constitute a lien if it is waived by the director pursuant to Section 25 24-23-210. Such The lien may be filed by the Attorney General in 26 the respective offices of the clerks of court and registers of deeds 27 of this State in the same manner state tax liens are filed and may be 28 enforced and collected by the Attorney General in the same 29 manner state tax liens are enforced and collected.” 30 31 SECTION 18. Section 16-3-1290 of the 1976 Code is amended 32 to read: 33 34 “Section 16-3-1290. (1) There is hereby created a special fund 35 to be known as the Victim’s Compensation Fund for the purpose 36 of providing for the payment of all necessary and proper expenses 37 incurred by the operation of the Victim’s Compensation Fund and 38 the payment of claims. The State Treasurer is the custodian of the 39 fund and all monies in the fund are held by the State Treasurer. 40 (2) The funds placed in the Victim’s Compensation Fund shall 41 consist of: 42 (a) all money appropriated by the General Assembly, if any, 43 for the purpose of compensating claimants under this article; and

1 [1251] 15 1 (b) money recovered on behalf of the State pursuant to this 2 article by subrogation or other action,; 3 (c) money recovered by court order,; 4 (d) money received from the federal government,; 5 (e) money received from additional court costs,; 6 (f) money received from assessments, surcharges, or fines,; 7 or 8 (g) money received from any other public or private source, 9 pursuant to this article. 10 (3) All administrative costs of this article, except the 11 department director’s salary, must be paid out of money collected 12 pursuant to this article which has been deposited in the Victim’s 13 Compensation Fund. 14 (4) Interest earned on all monies held in the Victim’s 15 Compensation Fund shall be remitted to the general fund of the 16 State is to be retained by the Victim’s Compensation Fund and 17 carried forward to succeeding fiscal years and must be applied for 18 the same purposes.” 19 20 SECTION 19. Section 16-3-1330 of the 1976 Code, as last 21 amended by Act 367 of 1988, is further amended to read: 22 23 “Section 16-3-1330. When the director determines that 24 projected revenue in any fiscal year will be insufficient to pay 25 projected claims or awards in the amounts provided herein, he 26 shall reduce the amount of all claims or awards by an amount 27 equal to the ratio of projected revenue to the total projected claims 28 or awards cost. When these reductions are required, the director 29 shall inform the public through the media of the reductions as 30 promptly as possible. The reductions apply to all claims or awards 31 not paid as of the effective date of the reductions order. 32 Any award hereunder is specifically not a claim against the State 33 if it cannot be paid due to a lack of funds in the Victim’s 34 Compensation Fund department.” 35 36 SECTION 20. Section 16-3-1340 of the 1976 Code, as last 37 amended by Act 181 of 1993, is further amended to read: 38 39 “Section 16-3-1340. A claimant may be represented by an 40 attorney in proceedings under this article. Fees for such attorney 41 must be paid from the Victim’s Compensation Fund, subject to the 42 approval of the director, except that in the event of an appeal 43 pursuant to Section 16-3-1140, attorneys’ fees are subject to the

1 [1251] 16 1 approval of the board or its panel hearing the appeal. Attorneys 2 for the South Carolina State Accident Fund shall represent the 3 South Carolina Victim’s Compensation Fund in proceedings under 4 this article Attorneys from the department represent the department 5 in proceedings under this article. 6 Any A person who receives any fee or other consideration or 7 any gratuity on account of services so rendered, unless such 8 consideration or gratuity is approved by the Deputy Director 9 director, or who makes it a business to solicit employment for a 10 lawyer or for himself in respect to any claim or award for 11 compensation is guilty of a misdemeanor and, upon conviction, 12 must for each offense, shall be punished for each offense, by a fine 13 of not more than five hundred dollars or by imprisonment not to 14 exceed one year, or by both such fine and imprisonment.” 15 16 SECTION 21. Section 16-3-1350 of the 1976 Code, as added by 17 Act 141 of 1997, is amended to read: 18 19 “Section 16-3-1350. (A) The State must ensure that a victim 20 of criminal sexual conduct in any degree, criminal sexual conduct 21 with a minor in any degree, or child sexual abuse must not bear the 22 cost of his or her routine medicolegal exam following the assault if 23 the victim has filed an incident report with a law enforcement 24 agency. 25 (B) These exams must be standardized relevant to medical 26 treatment and to gathering evidence from the body of the victim 27 and must be based on and meet minimum standards for rape exam 28 protocol as developed by the South Carolina Law Enforcement 29 Division, the South Carolina Hospital Association, and the 30 Governor’s Office Division of Victim Assistance department with 31 production costs to be paid from funds appropriated for the 32 Victim’s Compensation Fund. These exams must include 33 treatment for venereal disease, and must include medication for 34 pregnancy prevention if indicated and if desired. The South 35 Carolina Law Enforcement Division must distribute these exam 36 kits to any licensed health care facility providing sexual assault 37 exams. When dealing with a victim of criminal sexual assault, the 38 law enforcement agency immediately must transport the victim to 39 the nearest licensed health care facility which performs sexual 40 assault exams. A health care facility providing sexual assault 41 exams must use the standardized protocol described above. 42 (C) A licensed health care facility, upon completion of a 43 routine sexual assault exam as described in subsection (B)

1 [1251] 17 1 performed on a victim of criminal sexual conduct in any degree, 2 criminal sexual conduct with a minor in any degree, or child sexual 3 abuse, may file a claim for reimbursement directly to the South 4 Carolina Crime Victim’s Compensation Fund department if the 5 offense occurred in South Carolina. The South Carolina Crime 6 Victim’s Compensation Fund department must develop procedures 7 for health care facilities to follow when filing a claim with respect 8 to the privacy of the victim. Health care facility personnel must 9 obtain information necessary for the claim at the time of the exam, 10 if possible. The South Carolina Crime Victim’s Compensation 11 Fund department must reimburse eligible health care facilities 12 directly. 13 (D) The Governor’s Office Division of Victim Assistance 14 department must utilize existing funds appropriated from the 15 general fund for the purpose of compensating licensed health care 16 facilities for the cost of routine medical exams for sexual assault 17 victims as described above. When the director determines that 18 projected reimbursements in a fiscal year provided in this section 19 exceed funds appropriated for payment of these reimbursements, 20 he must direct the payment of the additional services from the 21 Victim’s Compensation Fund. For the purpose of this particular 22 exam, the one hundred dollar deductible is waived for award 23 eligibility under the fund. The South Carolina Victim’s 24 Compensation Fund department must develop appropriate 25 guidelines and procedures and distribute them to law enforcement 26 agencies and appropriate health care facilities.” 27 28 SECTION 22. Section 16-3-1410 of the 1976 Code is amended 29 to read: 30 31 “Section 16-3-1410. The Victim Compensation Fund South 32 Carolina Department of Crime Victim Services is authorized to 33 provide the following victim assistance services, contingent upon 34 an appropriation of funds therefor by the General Assembly: 35 (A) Provide information, training, and technical assistance to 36 state and local agencies and groups involved in victim/witness and 37 domestic violence assistance, such as the Attorney General’s 38 Office, the solicitors’ offices, law enforcement agencies, judges, 39 hospital staff, rape crisis centers, and spouse abuse shelters. 40 (B) Provide recommendations to the Governor and General 41 Assembly on needed legislation and services for victims. 42 (C)(A) Serve as a clearinghouse of victim/witness information.;

1 [1251] 18 1 (D) Develop guidelines for the implementation of victim/witness 2 assistance programs. 3 (E)(B) Develop ongoing public awareness and programs to 4 assist victims, such as including, but not limited to, the production 5 and publication of newsletters, brochures, news articles, as well as 6 television and radio spots and programs, and news articles. 7 (F)(C) Provide staff support for a state level advisory group 8 representative of all agencies and groups involved in 9 victim/witness and domestic violence services to improve 10 coordination efforts. through including, but not limited to, the 11 following: 12 (1) planning and co - sponsoring the annual Victim Rights 13 Week celebration; 14 (2) providing emergency funds for crime victims; 15 (3) maintaining a website of resources; 16 (4) maintaining a comprehensive library; 17 (5) publishing quarterly publications; and 18 (6) providing general assistance with any other activities 19 promoting coordination efforts. 20 (G) Coordinate the development and implementation of policy 21 and guidelines for the treatment of victims/witnesses with 22 appropriate agencies, with initial emphasis in the following three 23 areas: 24 (1) The State Victim/Witness Program shall work with the 25 solicitors of this State, the Attorney General’s Office, and relevant 26 professional organizations to develop guidelines for solicitors to 27 follow in the handling of victims, to include but not be limited to: 28 (a) Periodically informing victims of the status of a case. 29 (b) Providing information to the court on the views of 30 victims of violent crime on bail decisions, continuances, plea 31 bargains, dismissals, sentencing, and restitution. 32 (c) Pursuing charges of defendants who harass, threaten, 33 injure, or otherwise attempt to intimidate or retaliate against 34 victims or witnesses. 35 (d)(D) maintain and program Utilizing a victim and 36 witness on-call electronic data collection and notification system. 37 (e) Developing procedures for the prompt return of 38 victims’ property. 39 (f) Considering the views of victims and witnesses 40 concerning the use of case continuances. 41 (g) Informing the solicitors’ offices about victim 42 assistance units and their effectiveness.

1 [1251] 19 1 (h) Informing victims of the availability of civil as well as 2 criminal redress. 3 (2) The State Victim/Witness Program shall assist the Office 4 of Court Administration and South Carolina Sentencing Guidelines 5 Commission in developing guidelines for all judges to follow in 6 the handling of victims, to include but not be limited to: 7 (a) Scheduling of court proceedings and an on-call 8 notification system. 9 (b) Separate waiting rooms for prosecution and defense 10 witnesses. 11 (c) Special weight for victim’s interests when considering 12 requests for continuances. 13 (d) Special weight must be given to the victim’s interest in 14 speedy return of property before trial in ruling on the admissibility 15 of photographs of that property. 16 (e) Child sexual assault/incest victims must be given 17 practical legal support by allowing them videotape, legal 18 transcript, or closed session testimony. 19 (3) The State Victim/Witness Program shall work with the 20 appropriate law enforcement officers’ associations and other 21 relevant organizations to develop guidelines and model policies for 22 law enforcement agencies to utilize in handling and working with 23 victims of crime. 24 (E) produce, collect, and consolidate an annual report that 25 includes, but is not limited to, the following: 26 (1) audits and other financial reports detailing expenditures 27 of all agencies and organizations that receive public funds 28 designated for victim services; 29 (2) information on the programmatic activity of all agencies 30 and organizations that receive public funds designated for victim 31 services, making this information available through the Internet; 32 (3) periodic monitoring of publicly funded victim assistance 33 programs to ensure they are operating within prescribed minimum 34 standards, and offer or cause to be offered technical assistance, as 35 appropriate; and 36 (4) conduct an ongoing evaluation of the organizational 37 efficiency of victim and witness services delivery systems in South 38 Carolina. The results shall be included in its annual report, along 39 with appropriate recommendations for statutory and constitutional 40 changes to the General Assembly. The department is authorized to 41 carry out the activities of the Victim Services Oversight 42 Commission and provide administrative assistance necessary to the 43 activities of the Victim Services Oversight Commission.”

1 [1251] 20 1 2 SECTION 23. Section 16-3-1420 of the 1976 Code is amended 3 to read: 4 5 “Section 16-3-1420. The Director of the State Victim/Witness 6 Assistance Program is the Director of the South Carolina Victim’s 7 Compensation Fund South Carolina Department of Crime Victim 8 Services.” 9 10 SECTION 24. Section 16-3-1120 of the 1976 Code is repealed. 11 12 SECTION 25. This act takes upon approval by the Governor. 13 ----XX----

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