2011-2012 Bill 1357: Department of Corrections - South Carolina Legislature Online

1 South Carolina General Assembly 2 119th Session, 2011-2012 3 4 S. 1357 5 6 STATUS INFORMATION 7 8 General Bill 9 Sponsors: Senator Fair 10 Document Path: l:\council\bills\agm\19492ahb12.docx 11 12 Introduced in the Senate on March 21, 2012 13 Currently residing in the Senate Committee on Judiciary 14 15 Summary: Department of Corrections 16 17 18 HISTORY OF LEGISLATIVE ACTIONS 19 20 Date Body Action Description with journal page number 21 3/21/2012 Senate Introduced and read first time ( Senate Journalpage 5) 22 3/21/2012 Senate Referred to Committee on Judiciary ( Senate Journalpage 5) 23 3/26/2012 Senate Referred to Subcommittee: Rankin (ch), Hutto, Bright, Davis 24 25 26 VERSIONS OF THIS BILL 27 28 3/21/2012 29 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 141250 SO AS TO REQUIRE 13 THE USE OF TWOWAY CLOSED CIRCUIT TELEVISION OR 14 VIDEOCONFERENCING SYSTEMS OF PERSONS 15 CONFINED IN A LOCAL OR STATE CORRECTIONAL 16 FACILITY OR A JUVENILE DETENTION FACILITY IN 17 CERTAIN COURT PROCEEDINGS. 18 19 Be it enacted by the General Assembly of the State of South 20 Carolina: 21 22 SECTION 1. The General Assembly finds that it is necessary to 23 require participation via twoway closed circuit television or 24 videoconferencing systems of persons confined in a local or state 25 correctional facility or a juvenile detention facility who are 26 scheduled to appear in court proceedings in order to enhance 27 efficiency and security and ensure the public’s safety while 28 maintaining the constitutional rights of those defendants. 29 30 SECTION 2. Chapter 1, Title 14 of the 1976 Code is amended by 31 adding: 32 33 “Section 141250. (A) Persons confined to a local or state 34 correctional facility, including a juvenile detention center, shall 35 have their participation transmitted and recorded by a twoway 36 closed circuit television system or other form of videoconferencing 37 system approved by the Supreme Court in the following court 38 proceedings: 39 (1) General Sessions Court: 40 (a) initial court appearances; 41 (b) bond hearings; 42 (c) probation and parole revocation hearings;

[1357] 2 1 (d) contested motions; and 2 (e) guilty pleas and sentencing proceedings; 3 (2) Family Court: 4 (a) hearings arising from the issuance of bench warrants; 5 (b) juvenile detention hearings; 6 (c) juvenile guilty pleas and sentencing proceedings; and 7 (d) Department of Social Services cases limited to: 8 (i) emergency protective custody hearings pursuant to 9 Section 637610; 10 (ii) intervention hearings; 11 (iii) status review hearings; and 12 (iv) permanency planning hearings; 13 (3) Summary Court: 14 (a) initial court appearances in capital and noncapital 15 cases; 16 (b) bond hearings; 17 (c) contested motions; 18 (d) guilty pleas and sentencing proceedings on summary 19 court offenses; 20 (e) preliminary hearings; and 21 (f) hearings arising from the issuance of bench warrants; 22 and 23 (4) Any other court proceeding deemed appropriate for 24 videoconferencing as defined by the Supreme Court by order. 25 (B) A twoway closed circuit television system or other 26 appropriate videoconferencing system as required by this section 27 must include a video camera and display monitor present at the 28 local or state correctional facility, or juvenile detention center, and 29 in the courtroom. 30 (1) The defendant shall remain on camera at all times during 31 the court proceeding and there must be a minimum of one camera 32 in the courtroom continuously transmitting the proceeding to the 33 defendant. The camera or other videoconferencing equipment 34 must be controlled by the court and be capable of showing the 35 judge or any other person speaking during the proceeding. 36 (2) A constant audio connection must be maintained to allow 37 all parties to hear communications from the location of the 38 defendant and the courtroom. In addition, a private telephone line, 39 cellular telephone, or video terminal must be available for the 40 defendant and defense counsel to communicate confidentially. 41 (3) A fax machine or other equipment used to transmit 42 electronic signatures must be available at the location of the 43 defendant and in the courtroom for the transmission of documents

[1357] 3 1 between the locations. The defendant may sign necessary 2 documents and fax or electronically transmit documents with his 3 signature and signatures transmitted have the full force and effect 4 of an actual signature and are acceptable for purposes of binding 5 the parties; however, the original signed copies of all documents 6 must be filed with the court and a copy of those documents must 7 be promptly provided to the defendant. 8 (4) A court reporter must be present in the courtroom 9 throughout the proceeding in order to preserve the official record. 10 (5) The proceeding must be videotaped or otherwise 11 electronically recorded and a copy of the videotape or electronic 12 recording must be made available to the defendant and the solicitor 13 upon written request to the court within thirty days of the 14 proceeding. The videotape or other electronic recording may be 15 destroyed thirty days after the proceeding. 16 (C) If a twoway closed circuit television system or an 17 appropriate videoconferencing system is unavailable for use or 18 inoperable for any reason, a person subject to the requirements of 19 this section may be transported to another local or state 20 correctional facility, or juvenile detention facility, in order to meet 21 the requirements of this section.” 22 23 SECTION 3. The Directors of the Department of Corrections and 24 the Department of Juvenile Justice are directed to coordinate with 25 South Carolina Court Administration on the implementation of 26 twoway closed circuit television systems or other appropriate 27 videoconferencing systems in correctional facilities and 28 courtrooms as required by the provisions of this act. South 29 Carolina Court Administration shall implement written procedures 30 for the use of twoway closed circuit television or 31 videoconferencing systems in accordance with the requirements of 32 this act by January 1, 2013. 33 34 SECTION 4. This act takes effect upon approval by the 35 Governor. 36 XX 37

[1357] 4