• Abstract and Figures
• Public Full-text

1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 April 26, 2017 6 7 S. 289 8 9 Introduced by Senators Shealy, Rankin, McElveen, Sheheen, Hutto 10 and McLeod 11 12 S. Printed 4/26/17--H. 13 Read the first time April 4, 2017. 14 15 16 THE COMMITTEE ON JUDICIARY 17 To whom was referred a Bill (S. 289) to enact the “South 18 Carolina Crime Victim Services Act” to restructure and 19 consolidate victim services; to amend Chapter 7, Title 1 of the 20 1976 Code, relating to the, etc., respectfully 21 REPORT: 22 That they have duly and carefully considered the same and 23 recommend that the same do pass with amendment: 24 25 Amend the bill, as and if amended, PART II, after SECTION 26 10, by adding an appropriately numbered SECTION to read: 27 / SECTION ___. Section 6319480 of the 1976 Code is 28 amended to read: 29 “Section 6319480. There is created a fund within the 30 Department of Juvenile Justice for the compensation of victims of 31 crime. All contributions deducted from a juvenile’s wages 32 pursuant to Section 6319450(E)(3) or 6319460(C)(3) must be 33 deposited into this fund. Of the amount contributed to the fund by 34 each juvenile, ninetyfive percent must be paid by the department 35 on behalf of the juvenile as restitution to the victim or victims of 36 the juvenile’s adjudicated crime as ordered by the family court or 37 the releasing entity, and five percent must be submitted to the 38 South Carolina Victims’ Compensation Fund Office of the 39 Attorney General, South Carolina Crime Victim Services Division, 40 Department of Crime Victim Compensation, Victim Compensation 41 Fund. If the amount of restitution ordered has been paid in full or if 42 there is no victim of the juvenile’s adjudicated crime, the

[289-1] 1 juvenile’s contributions must be submitted to the South Carolina 2 Victims’ Compensation Fund Office of the Attorney General, 3 South Carolina Crime Victim Services Division, Department of 4 Crime Victim Compensation, Victim Compensation Fund.” / 5 Amend the bill further, as and if amended, PART II, SECTION 6 2, by deleting Section 171100 and inserting: 7 / Section 171100. The following agencies, boards, and 8 commissions, including all the allied, advisory, affiliated, or 9 related entities, as well as the employees, funds, property, and all 10 contractual rights and obligations associated with any such agency, 11 except for those subdivisions specifically included under another 12 department, are hereby transferred to and incorporated in and shall 13 be administered as part of the Office of the Attorney General, 14 South Carolina Crime Victim Services Division: 15 (1) State Office of Victim Assistance, provided for in Articles 16 13 and 14, Chapter 3, Title 16; 17 (2) South Carolina Crime Victim Ombudsman, provided for in 18 Article 16, Chapter 3, Title 16; 19 (3) that portion of the Office of Highway Safety and Justice 20 Programs of the Department of Public Safety that administers the 21 Victims of Crime Act grants, the Violence Against Women Act 22 grants, and the State Victim Assistance Program grants; 23 (4) on July 1, 2018, those grants and awards available under 24 the Edward Byrne Memorial Justice Assistance Grant (JAG) 25 Program, the Residential Substance Abuse Treatment for State 26 Prisoners (RSAT) Program, the Paul Coverdell Forensic Science 27 Improvement Grant Program (the Coverdell law), Title II Formula 28 Grants Program, the Bulletproof Vest Partnership (BVP), Juvenile 29 Accountability Block Grants (JABG), and Statistical Analysis 30 Center grant program. / 31 Amend the bill further, as and if amended, PART II, SECTION 32 8 A., by deleting Section 1631095 and inserting: 33 / Section 1631095. (A) The Department of Crime Victim 34 Assistance Grants is created within the Office of the Attorney 35 General, South Carolina Crime Victim Services Division to 36 administer the Victims of Crime Act grants, the Violence Against 37 Women Act grants, the State Victim’s Assistance Program grants, 38 and beginning on July 1, 2018, the following: the Edward Byrne 39 Memorial Justice Assistance Grant (JAG) Program, the Residential 40 Substance Abuse Treatment for State Prisoners (RSAT) Program, 41 the Paul Coverdell Forensic Science Improvement Grant Program 42 (the Coverdell law), Title II Formula Grants Program, the 43 Bulletproof Vest Partnership (BVP), Juvenile Accountability

[289-2] 1 Block Grants (JABG), and Statistical Analysis Center grant 2 program. 3 (B) The Director of the Crime Victim Services Division shall 4 appoint a deputy director of the department. The deputy director 5 shall establish a process to solicit and administer the disbursement 6 of funds for Victims of Crime Act grants, the Violence Against 7 Women Act grants, and the State Victim’s Assistance Program 8 grants available under Public Law 98473 establishing the Victims 9 of Crime Act of 1984, and the Violence Against Women Act 10 (VAWAI) established under Title IV of the Violent Crime Control 11 and Law Enforcement Act of 1944, Public Law No. 103322, 108 12 Stat. 1796 (September 13, 1994); and beginning on July 1, 2018, 13 the following: the Edward Byrne Memorial Justice Assistance 14 Grant (JAG) Program awards authorized by the 42 U.S.C. § 15 3751(a) designated under Section 507 of the Omnibus Crime 16 Control and Safe Streets Act of 1968; the Residential Substance 17 Abuse Treatment for State Prisoners (RSAT) Program under the 18 Violent Crime Control and Law Enforcement Act of 1994 (Pub. L. 19 No. 103322, § 1901); the Paul Coverdell Forensic Science 20 Improvement Grant Program authorized by Title I of the Omnibus 21 Crime Control and Safe Streets Act of 1968, Part BB, codified at 22 42 U.S.C. § 3797j3797o (the Coverdell law); the Bulletproof Vest 23 Partnership (BVP) Grant Act of 1998 (Public Law 105181); Title 24 II Formula Grants Program authorized under the Juvenile Justice 25 and Delinquency Prevention Act (JJDP Act) of 1974, as amended, 26 at 42 U.S.C. 56315633; Juvenile Accountability Block Grants 27 (JABG) authorized under the Omnibus Crime Control and Safe 28 Streets Act of 2002 (42 U.S.C. 3796ee et esq.); Statistical Analysis 29 Center grant program administered by the Bureau of Justice 30 Statistics within the U.S. Department of Justice; and administer all 31 other crime victim service and other Department of Justice grant 32 program funding as provided by law including, but not limited to, 33 the authority to solicit for federal formula or discretionary grant 34 awards and foundation funding.” / 35 Amend the bill further, as and if amended, PART II, SECTION 36 8 D., by deleting Section 236520(5) and inserting: 37 / (5) in collaboration with the Office of the Attorney General, 38 South Carolina Crime Victim Services Division, Department of 39 Crime Victim Assistance Grants establish a process to solicit and 40 administer the disbursement of funds for Victims of Crime Act 41 grants, the Violence Against Women Act grants, the State Victim’s 42 Assistance Program grants available under Public Law 98473 43 establishing the Victims of Crime Act of 1984 and the Violence

[289-3] 1 Against Women Act (VAWAI) established under Title IV of the 2 Violent Crime Control and Law Enforcement Act of 1944, Public 3 Law No. 103322, 108 Stat. 1796 (September 13, 1994); and 4 beginning on July 1, 2018, the following: the Edward Byrne 5 Memorial Justice Assistance Grant (JAG) Program awards 6 authorized by the 42 U.S.C. § 3751(a) designated under Section 7 507 of the Omnibus Crime Control and Safe Streets Act of 1968; 8 the Residential Substance Abuse Treatment for State Prisoners 9 (RSAT) Program under the Violent Crime Control and Law 10 Enforcement Act of 1994 (Pub. L. No. 103322, § 1901); the Paul 11 Coverdell Forensic Science Improvement Grant Program 12 authorized by Title I of the Omnibus Crime Control and Safe 13 Streets Act of 1968, Part BB, codified at 42 U.S.C. § 3797j3797o 14 (the Coverdell law); the Bulletproof Vest Partnership (BVP) Grant 15 Act of 1998 (Public Law 105181); Title II Formula Grants 16 Program authorized under the Juvenile Justice and Delinquency 17 Prevention Act (JJDP Act) of 1974, as amended, at 42 U.S.C. 18 56315633; Juvenile Accountability Block Grants (JABG) 19 authorized under the Omnibus Crime Control and Safe Streets Act 20 of 2002 (42 U.S.C. 3796ee et esq.); Statistical Analysis Center 21 grant program administered by the Bureau of Justice Statistics 22 within the U.S. Department of Justice; and all other crime victim 23 service and other Department of Justice grant program funding as 24 provided by law including, but not limited to, the authority to 25 solicit for federal formula or discretionary grant awards and 26 foundation funding.” / 27 Amend the bill further, as and if amended, PART VII, by 28 deleting SECTION 16 and inserting: 29 / SECTION 16. This act takes effect on July 1, 2017, except 30 that the transfer of those grants and awards delineated in PART II, 31 SECTION 2, Section 1-7-1100(4), are effective on July 1, 2018./ 32 Renumber sections to conform. 33 Amend title to conform. 34 35 F. GREGORY DELLENEY, JR. for Committee. 36

[289-4] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO ENACT THE “SOUTH CAROLINA CRIME VICTIM 12 SERVICES ACT” TO RESTRUCTURE AND CONSOLIDATE 13 VICTIM SERVICES; TO AMEND CHAPTER 7, TITLE 1 OF 14 THE 1976 CODE, RELATING TO THE ATTORNEY 15 GENERAL AND SOLICITORS, BY ADDING ARTICLE 8, TO 16 CREATE THE OFFICE OF THE ATTORNEY GENERAL, 17 SOUTH CAROLINA CRIME VICTIM SERVICES DIVISION, 18 TO MOVE THE STATE OFFICE OF VICTIM ASSISTANCE, 19 THE SOUTH CAROLINA CRIME VICTIM OMBUDSMAN, 20 AND THAT PORTION OF THE OFFICE OF HIGHWAY 21 SAFETY AND JUSTICE PROGRAMS UNDER THE 22 DEPARTMENT OF PUBLIC SAFETY THAT ADMINISTERS 23 CERTAIN VICTIM SERVICES GRANTS UNDER THE 24 NEWLY CREATED DIVISION, AND TO CREATE FOUR 25 DEPARTMENTS UNDER THE DIVISION TO OVERSEE AND 26 ADMINISTER DIFFERENT ASPECTS OF THE VICTIM 27 SERVICES DELIVERY SYSTEM; TO AMEND SECTION 28 11110(A), RELATING TO OFFICES AND DIVISIONS UNDER 29 THE DEPARTMENT OF ADMINISTRATION, TO DELETE 30 THOSE VICTIM SERVICES OFFICES AND OTHER ENTITIES 31 THAT ARE MOVED TO THE NEW DIVISION; TO AMEND 32 SECTIONS 141203, 141204(A), 141205, 141206(C), 141207(C), 33 141208(C), AND 141210(A), RELATING TO THE 34 DISTRIBUTION OF CERTAIN FILING FEES, TO MAKE 35 CONFORMING CHANGES REFLECTING THE 36 RESTRUCTURING OF VICTIM SERVICES GENERALLY 37 RELATING TO THAT PORTION OF THE FEES 38 DISTRIBUTED TO THE VICTIM COMPENSATION FUND; 39 TO AMEND SECTIONS 1631110, 1631120, 1631140, 1631150, 40 1631160, 1631170, 1631180, 1631220, 1631230, 1631240, 41 1631260, 1631290, 1631330, 1631340, AND 1631350, 42 RELATING TO THE COMPENSATION OF VICTIMS OF

[289] 5 1 CRIME, TO MAKE CONFORMING CHANGES REFLECTING 2 THE RESTRUCTURING OF VICTIM SERVICES 3 GENERALLY RELATING TO THE VICTIM COMPENSATION 4 FUND AND CERTAIN RESPONSIBILITIES OF THE NEWLY 5 CREATED OFFICE OF THE ATTORNEY GENERAL, SOUTH 6 CAROLINA CRIME SERVICES DIVISION, DEPARTMENT 7 OF CRIME VICTIM COMPENSATION; TO AMEND ARTICLE 8 14, CHAPTER 3, TITLE 16, TO RENAME THE ARTICLE 9 “CRIME VICTIM SERVICES TRAINING, PROVIDER 10 CERTIFICATION, AND STATISTICAL ANALYSIS,” TO 11 MAKE CONFORMING CHANGES REFLECTING THE 12 RESTRUCTURING OF VICTIM SERVICES ALL 13 GENERALLY RELATING TO THE NEWLY CREATED 14 OFFICE OF THE ATTORNEY GENERAL, SOUTH CAROLINA 15 CRIME VICTIM SERVICES DIVISION, DEPARTMENT OF 16 CRIME VICTIM SERVICES TRAINING, PROVIDER 17 CERTIFICATION, AND STATISTICAL ANALYSIS, AND ITS 18 RESPONSIBILITIES, TO MAKE CONFORMING CHANGES 19 TO THE VICTIM SERVICES COORDINATING COUNCIL, 20 AND TO PROVIDE THAT THE DIRECTOR OF THE SOUTH 21 CAROLINA CRIME VICTIM SERVICES DIVISION SHALL 22 SERVE AS CHAIRPERSON; TO AMEND ARTICLE 16, 23 CHAPTER 3, TITLE 16, TO RENAME THE ARTICLE “CRIME 24 VICTIM OMBUDSMAN,” TO MAKE CONFORMING 25 CHANGES REFLECTING THE RESTRUCTURING OF 26 VICTIM SERVICES ALL GENERALLY RELATING TO THE 27 NEWLY CREATED OFFICE OF THE ATTORNEY GENERAL, 28 SOUTH CAROLINA CRIME VICTIM SERVICES DIVISION, 29 DEPARTMENT OF CRIME VICTIM OMBUDSMAN AND ITS 30 RESPONSIBILITIES, AND TO PROVIDE A PROCEDURE 31 FOR COMPLAINTS REGARDING THE OFFICE OF THE 32 ATTORNEY GENERAL, SOUTH CAROLINA CRIME VICTIM 33 SERVICES DIVISION AND ITS AFFILIATED 34 DEPARTMENTS TO BE HANDLED THROUGH THE 35 OMBUDSMAN WITH APPEAL TO THE STATE INSPECTOR 36 GENERAL; TO AMEND CHAPTER 3, TITLE 16, BY ADDING 37 ARTICLE 12, TO ENTITLE THE ARTICLE “CRIME VICTIM 38 ASSISTANCE GRANTS,” AND TO PROVIDE THAT THE 39 OFFICE OF THE ATTORNEY GENERAL, SOUTH CAROLINA 40 CRIME VICTIM SERVICES DIVISION, DEPARTMENT OF 41 CRIME VICTIM ASSISTANCE GRANTS WILL BE RUN BY A 42 DEPUTY DIRECTOR WHO SHALL ESTABLISH A PROCESS 43 TO SOLICIT AND ADMINISTER CERTAIN VICTIM

[289] 6 1 SERVICES GRANTS AND THE DISBURSEMENT OF FUNDS 2 FROM THOSE GRANTS; TO AMEND SECTIONS 236500, 3 236510, AND 236520, RELATING TO THE SOUTH 4 CAROLINA PUBLIC SAFETY COORDINATING COUNCIL, 5 TO MAKE CONFORMING CHANGES TO INCLUDE THE 6 OFFICE OF THE ATTORNEY GENERAL, SOUTH CAROLINA 7 CRIME VICTIM SERVICES DIVISION, DEPARTMENT OF 8 CRIME VICTIM ASSISTANCE GRANTS IN THE GRANT 9 PROCESS UNDER CERTAIN CIRCUMSTANCES, AND TO 10 REVISE THE COUNCIL’S MEMBERSHIP TO INCLUDE THE 11 ATTORNEY GENERAL AND A VICTIM WITH A 12 DOCUMENTED HISTORY OF VICTIMIZATION APPOINTED 13 BY THE ATTORNEY GENERAL; TO AMEND SECTION 14 165445(C), RELATING TO THE SEIZURE AND FORFEITURE 15 OF EQUIPMENT USED IN VIOLATION OF A CRIME, AND 16 SECTION 24340(A)(2)(b), RELATING TO THE PRISON 17 INDUSTRIES PROGRAM AND DISTRIBUTION OF 18 PRISONER WAGES, TO MAKE CONFORMING CHANGES 19 REFLECTING THE RESTRUCTURING OF VICTIM 20 SERVICES GENERALLY RELATING TO THE VICTIM 21 COMPENSATION FUND; TO AMEND SECTIONS 141206(E), 22 141207(E), AND 141208(E), RELATING TO THE 23 DISTRIBUTION OF CERTAIN FILING FEES, TO MAKE 24 CONFORMING CHANGES REFLECTING THE 25 RESTRUCTURING OF VICTIM SERVICES GENERALLY, 26 AND TO PROVIDE FOR THE UNIFORM SUPPLEMENTAL 27 SCHEDULE FORM TO BE DEVELOPED BY THE OFFICE OF 28 THE ATTORNEY GENERAL, SOUTH CAROLINA CRIME 29 VICTIM SERVICES DIVISION; AND BY ADDING SECTIONS 30 141211.5, 141211.6, AND 141211.7, TO CODIFY EXISTING 31 BUDGET PROVISOS RELATING TO THE DISTRIBUTION OF 32 CERTAIN CRIME VICTIM FUNDS, TO PROVIDE FOR THE 33 AUTHORITY OF THE VICTIM COMPENSATION FUND TO 34 TRANSFER ANY STATE FUNDS DEEMED AVAILABLE TO 35 THE DEPARTMENT OF CRIME VICTIM ASSISTANCE 36 GRANTS UNDER CERTAIN CIRCUMSTANCES, TO 37 PROVIDE FOR AUDITING AND REPORTING PROCEDURES 38 FOR VICTIM SERVICES PROVIDERS, AND TO TRANSFER 39 A CERTAIN SUM FROM THE DEPARTMENT OF 40 CORRECTIONS TO THE SOUTH CAROLINA CRIME VICTIM 41 SERVICES DIVISION. 42

[289] 7 1 Be it enacted by the General Assembly of the State of South 2 Carolina: 3 4 SECTION 1. This act may be cited as the “South Carolina Crime 5 Victim Services Act.” 6 7 PART I 8 9 Restructure and Consolidation of Victim Services 10 11 SECTION 2. Chapter 7, Title 1 of the 1976 Code is amended by 12 adding: 13 14 ”Article 8 15 16 South Carolina Crime Victim Services 17 18 Section 171100. The following agencies, boards, and 19 commissions, including all the allied, advisory, affiliated, or 20 related entities, as well as the employees, funds, property, and all 21 contractual rights and obligations associated with any such agency, 22 except for those subdivisions specifically included under another 23 department, are hereby transferred to and incorporated in and shall 24 be administered as part of the Office of the Attorney General, 25 South Carolina Crime Victim Services Division: 26 (1) State Office of Victim Assistance, provided for in Articles 27 13 and 14, Chapter 3, Title 16; 28 (2) South Carolina Crime Victim Ombudsman, provided for in 29 Article 16, Chapter 3, Title 16; 30 (3) that portion of the Office of Highway Safety and Justice 31 Programs of the Department of Public Safety that administers the 32 Victims of Crime Act grants, the Violence Against Women Act 33 grants, and the State Victim Assistance Program grants. 34 35 Section 171110. (A) There is created the South Carolina Crime 36 Victim Services (SCCVS) Division in the Office of the Attorney 37 General under the Attorney General’s authority. The division must 38 be headed by a director appointed by the Attorney General who 39 shall hold office until his successor is appointed and qualified. 40 There are created four departments within the division, the: 41 (1) Department of Crime Victim Compensation; 42 (2) Department of Crime Victim Assistance Grants;

[289] 8 1 (3) Department of Crime Victim Services Training, Provider 2 Certification, and Statistical Analysis; and 3 (4) Department of Crime Victim Ombudsman. 4 The director shall appoint the three deputy directors, pursuant to 5 items (1), (2), and (3), and the Ombudsman.” 6 7 SECTION 3. Section 11110(A) of the 1976 Code is amended to 8 read: 9 10 “Section 11110. (A) There is hereby created, within the 11 executive branch of the state government, the Department of 12 Administration, headed by a director appointed by the Governor 13 upon the advice and consent of the Senate who only may be 14 removed pursuant to Section 13240(B). Effective July 1, 2015, the 15 following offices, divisions, or components of the former State 16 Budget and Control Board, Office of the Governor, or other 17 agencies are transferred to, and incorporated into, the Department 18 of Administration: 19 (1) the Division of General Services, including Business 20 Operations, Facilities Management, State Building and Property 21 Services, and Agency Services, including surplus property, 22 intrastate mail, parking, state fleet management, except that the 23 Division of General Services shall not be transferred to the 24 Department of Administration until the Director of the Department 25 of Administration enters into a memorandum of understanding 26 with appropriate officials of applicable legislative and judicial 27 agencies or departments meeting the requirements of this 28 subsection. There shall be a single memorandum of understanding 29 involving the Department of Administration and the legislative and 30 judicial branches with appropriate officials of each to be 31 signatories to the memorandum of understanding. 32 (a) The memorandum of understanding shall provide for: 33 (i)continued use of existing office space; 34 (ii) a method for the allocation of new, additional, or 35 different office space; 36 (iii) adequate parking; 37 (iv) a method for the allocation of new, additional, or 38 different parking; 39 (v) the provision of appropriate levels of electrical, 40 mechanical, maintenance, energy management, fire protection, 41 custodial, project management, safety and building renovation, and 42 other services currently provided by the General Services Division 43 of the State Budget and Control Board;

[289] 9 1 (vi) the provision of water, electricity, steam, and chilled 2 water to the offices, areas, and facilities occupied by the applicable 3 agencies; 4 (vii) the ability for each agency or department to 5 maintain building access control for its allocated office space; and 6 (viii) access control for the Senate and House chambers 7 and courtrooms as appropriate. 8 (b) The parties may modify the memorandum of 9 understanding by mutual consent at any time. 10 (c) The General Services Division must provide the 11 services described in subsection (a) and any other maintenance and 12 support, at a level that is greater than or equal to what is provided 13 prior to the effective date of this act, to each building on the 14 Capitol Complex, including the Supreme Court, without charge. 15 The General Services Division must coordinate with the 16 appropriate officials of applicable legislative and judicial agencies 17 or departments when providing these services to the buildings and 18 areas controlled by those agencies; 19 (2) the State Office of Human Resources; 20 (3) the Guardian Ad Litem Program as established in Article 21 5, Chapter 11, Title 63; 22 (4) the Office of Economic Opportunity, the office 23 designated by the Governor to be the state administering agency 24 that is responsible for the receipt and distribution of the federal 25 funds as allocated to South Carolina for the implementation of 26 Title VI, Public Law 9735; 27 (5) the Developmental Disabilities Council as established by 28 Executive Order in 1971 and reauthorized in 2010; 29 (6) the Continuum of Care for Emotionally Disturbed 30 Children as established in Article 13, Chapter 11, Title 63; 31 (7) the Division for Review of the Foster Care of Children as 32 established by Article 7, Chapter 11, Title 63; 33 (8) the Children’s Case Resolution System as established by 34 Article 11, Chapter 11, Title 63; 35 (9) the Client Assistance Program; 36 (10) the Division of Veterans’ Affairs as established by 37 Chapter 11, Title 25; 38 (11) the Commission on Women as established by Chapter 39 15, Title 1; 40 (12) the Office of Victims Assistance, including the South 41 Carolina Victims Advisory Board and the Victims Compensation 42 Fund, both as established by Article 13, Chapter 3, Title 16;

[289] 10 1 (13) the Crime Victims’ Ombudsman as established by 2 Article 16, Chapter 3, Title 16; 3 (14) the Governor’s Office of Ombudsman; 4 (15)(13) the Division of Small and Minority Business 5 Contracting and Certification, as established pursuant to Article 6 21, Chapter 35, Title 11, formerly known as the Small and 7 Minority Business Assistance Office; 8 (16)(14) the Division of State Information Technology, 9 including the Data Center, Telecommunications and Information 10 Technology Services, the South Carolina Enterprise Information 11 System, and the Division of Information Security; and 12 (17)(15) the Nuclear Advisory Council as established in 13 Article 9, Chapter 7, Title 13.” 14 15 PART II 16 17 Conforming Changes 18 19 SECTION 4. A.Section 141203 of the 1976 Code is amended to 20 read: 21 22 “Section 141203. The revenue from the fee set in Section 23 633370(C) must be remitted to the county in which the proceeding 24 is instituted. Fortyfour percent of the revenues must be remitted 25 monthly by the fifteenth day of each month to the State Treasurer 26 on forms in a manner prescribed by him. When payment is made 27 to the county in installments, the state’s portion must be remitted 28 to the State Treasurer by the county treasurer on a monthly basis. 29 The fortyfour percent remitted to the State Treasurer must be 30 deposited as follows: 31 (1) 43.76 percent to the general fund; 32 (2) 10.04 percent to the Department of Mental Health to be 33 used exclusively for the treatment and rehabilitation of drug 34 addicts within the department’s addiction center facilities; 35 (3) 6.20 percent to the State Office of Victim Assistance under 36 the South Carolina Victim’s Compensation Fund Office of the 37 Attorney General, South Carolina Crime Victim Services Division, 38 Department of Crime Victim Compensation, Victim Compensation 39 Fund; and 40 (4) 40.00 percent to the South Carolina Judicial Department.” 41 42 B.Section 141204(A) of the 1976 Code is amended to read: 43

[289] 11 1 “Section 141204. (A) The one hundred dollar filing fee for 2 documents and actions described in Section 821310(11)(a) must be 3 remitted to the county in which the proceeding is instituted, and 4 fiftysix percent of these filing fee revenues must be delivered to 5 the county treasurer to be remitted monthly by the fifteenth day of 6 each month to the State Treasurer. When a payment is made to the 7 county in installments, the state’s portion must be remitted to the 8 State Treasurer by the county treasurer on a monthly basis. 9 The fiftysix percent of the onehundreddollar fee prescribed in 10 Section 821310(11)(a) remitted to the State Treasurer must be 11 deposited as follows: 12 (1) 31.52 percent to the state general fund; 13 (2) 7.23 percent to the Department of Mental Health to be 14 used exclusively for the treatment and rehabilitation of drug 15 addicts within the department’s addiction center facilities; 16 (3) 4.47 percent to the State Office of Victim Assistance 17 under the South Carolina Victim’s Compensation Fund Office of 18 the Attorney General, South Carolina Crime Victim Services 19 Division, Department of Crime Victim Compensation, Victim 20 Compensation Fund; 21 (4) 26.78 percent to the Defense of Indigents Per Capita 22 Fund, administered by the Commission on Indigent Defense, 23 which shall then distribute these funds on December thirtyfirst and 24 on June thirtieth of each year to South Carolina organizations that 25 are grantees of the Legal Services Corporation, in amounts 26 proportionate to each recipient’s share of the state’s poverty 27 population; and 28 (5) 30.00 percent to the South Carolina Judicial 29 Department.” 30 31 C.Section 141205 of the 1976 Code is amended to read: 32 33 “Section 141205. Except as provided in Sections 1715260, 34 341190, 501150, 501170, and 5654160, on January 1, 1995, 35 fiftysix percent of all costs, fees, fines, penalties, forfeitures, and 36 other revenues generated by the circuit courts and the family 37 courts, except the seventy one hundred dollar filing fee prescribed 38 in Section 821310(11)(a) must be remitted to the county in which 39 the proceeding is instituted and fortyfour percent of the revenues 40 must be delivered to the county treasurer to be remitted monthly 41 by the fifteenth day of each month to the State Treasurer on forms 42 and in a manner prescribed by him. When a payment is made to 43 the county in installments, the state’s portion must be remitted to

[289] 12 1 the State Treasurer by the County Treasurer on a monthly basis. 2 The fortyfour percent remitted to the State Treasurer must be 3 deposited as follows: 4 (1) 72.93 percent to the general fund; 5 (2) 16.73 percent to the Department of Mental Health to be 6 used exclusively for the treatment and rehabilitation of drug 7 addicts within the department’s addiction center facilities; 8 (3) 10.34 percent to the State Office of Victim Assistance 9 under the South Carolina Victim’s Compensation Fund Office of 10 the Attorney General, South Carolina Crime Victim Services 11 Division, Department of Crime Victim Compensation, Victim 12 Compensation Fund. 13 In any court, when sentencing a person convicted of an offense 14 which has proximately caused physical injury or death to the 15 victim, the court may order the defendant to pay a restitution 16 charge commensurate with the offense committed, not to exceed 17 ten thousand dollars, to the Victim’s Compensation Fund Office of 18 the Attorney General, South Carolina Crime Victim Services 19 Division, Department of Crime Victim Compensation, Victim 20 Compensation Fund.” 21 22 D. Section 141206(C) and (D) of the 1976 Code is amended to 23 read: 24 “(C) After deducting amounts provided pursuant to Section 25 141210, the State Treasurer shall deposit the balance of 26 assessments received as follows: 27 (1) 42.08 percent for programs established pursuant to 28 Chapter 21 of Title 24 and the Shock Incarceration Program as 29 provided in Article 13, Chapter 13 of Title 24; 30 (2) 14.74 percent to the Law Enforcement Training Council 31 for training in the fields of law enforcement and criminal justice; 32 (3) .45 percent to the Department of Public Safety to defray 33 the cost of erecting and maintaining the South Carolina Law 34 Enforcement Officers Hall of Fame. When funds collected 35 pursuant to this item exceed the necessary costs and expenses of 36 the South Carolina Law Enforcement Officers Hall of Fame 37 operation and maintenance as determined by the Department of 38 Public Safety, the department may retain, carry forward, and 39 expend the surplus to defray the costs of maintaining and operating 40 the Hall of Fame; 41 (4) 14.46 percent to the Office of Indigent Defense for the 42 defense of indigents;

[289] 13 1 (5) 11.83 percent for the State Office of Victim Assistance 2 Office of the Attorney General, South Carolina Crime Victim 3 Services Division, Department of Crime Victim Compensation, 4 Victim Compensation Fund; 5 (6) 15.39 percent to the general fund; 6 (7) .89 percent to the Office of the Attorney General for a 7 fund to provide support for counties involved in complex criminal 8 litigation. For the purposes of this item, ‘complex criminal 9 litigation’ means criminal cases in which the State is seeking the 10 death penalty and has served notice as required by law upon the 11 defendant’s counsel, and the county involved has expended more 12 than two hundred fifty thousand dollars for a particular case in 13 direct support of operating the court of general sessions and for 14 prosecution related expenses. The Attorney General shall develop 15 guidelines for determining what expenses are reimbursable from 16 the fund and shall approve all disbursements from the fund. Funds 17 must be paid to a county for all expenditures authorized for 18 reimbursement under this item except for the first one hundred 19 thousand dollars the county expended in satisfying the 20 requirements for reimbursement from the fund; however, money 21 disbursed from this fund must be disbursed on a ‘first received, 22 first paid’ basis. When revenue in the fund reaches five hundred 23 thousand dollars, all revenue in excess of five hundred thousand 24 dollars must be credited to the general fund of the State. 25 Unexpended revenue in the fund at the end of the fiscal year 26 carries over and may be expended in the next fiscal year; and 27 (8) .16 percent to the Office of the State Treasurer to defray 28 the administrative expenses associated with collecting and 29 distributing the revenue of these assessments. 30 (D) The revenue retained by the county under subsection (B) 31 must be used for the provision of services for the victims of crime 32 including those required by law. These funds must be 33 appropriated for the exclusive purpose of providing victim services 34 as required by Article 15, Chapter 3, of Title 16; specifically, those 35 service requirements that are imposed on local law enforcement, 36 local detention facilities, prosecutors, and the summary courts. 37 First priority must be given to those victims' assistance programs 38 which are required by Article 15, Chapter 3, of Title 16 and second 39 priority must be given to programs which expand victims' services 40 beyond those required by Article 15, Chapter 3, of Title 16. All 41 unused funds must be carried forward from year to year and used 42 exclusively for the provision of services for victims of crime. All 43 unused funds must be separately identified in the governmental

[289] 14 1 entity's adopted budget as funds unused and carried forward from 2 previous years.” 3 4 E. Section 141207(C) and (D) of the 1976 Code is amended to 5 read: 6 “(C) After deducting amounts provided pursuant to Section 7 141210, the State Treasurer shall deposit the balance of the 8 assessments received as follows: 9 (1) 32.36 percent for programs established pursuant to 10 Chapter 21 of Title 24 and the Shock Incarceration Program as 11 provided in Article 13, Chapter 13, of Title 24; 12 (2) 20.72 percent to the Law Enforcement Training Council 13 for training in the fields of law enforcement and criminal justice; 14 (3) .60 percent to the Department of Public Safety to defray 15 the cost of erecting and maintaining the South Carolina Law 16 Enforcement Officers Hall of Fame. When funds collected 17 pursuant to this item exceed the necessary costs and expenses of 18 the South Carolina Law Enforcement Officers Hall of Fame 19 operation and maintenance as determined by the Department of 20 Public Safety, the department may retain, carry forward, and 21 expend the surplus to defray the costs of maintaining and operating 22 the Hall of Fame; 23 (4) 18.82 percent for the State Office of Victim Assistance 24 Office of the Attorney General, South Carolina Crime Victim 25 Services Division, Department of Crime Victim Compensation, 26 Victim Compensation Fund; 27 (5) 15.93 percent to the general fund; 28 (6) 10.49 percent to the Office of Indigent Defense for the 29 defense of indigents; 30 (7) .92 percent to the Office of the Attorney General for a 31 fund to provide support for counties involved in complex criminal 32 litigation. For the purposes of this item, ‘complex criminal 33 litigation’ means criminal cases in which the State is seeking the 34 death penalty and has served notice as required by law upon the 35 defendant’s counsel and the county involved has expended more 36 than two hundred fifty thousand dollars for a particular case in 37 direct support of operating the court of general sessions and for 38 prosecution related expenses. The Attorney General shall develop 39 guidelines for determining what expenses are reimbursable from 40 the fund and shall approve all disbursements from the fund. Funds 41 must be paid to a county for all expenditures authorized for 42 reimbursement under this item except for the first one hundred 43 thousand dollars the county expended in satisfying the

[289] 15 1 requirements for reimbursement from the fund; however, money 2 disbursed from this fund must be disbursed on a ‘first received, 3 first paid’ basis. When revenue in the fund reaches five hundred 4 thousand dollars, all revenue in excess of five hundred thousand 5 dollars must be credited to the general fund of the State. 6 Unexpended revenue in the fund at the end of the fiscal year 7 carries over and may be expended in the next fiscal year; and 8 (8) .16 percent to the Office of the State Treasurer to defray 9 the administrative expenses associated with collecting and 10 distributing the revenue of these assessments. 11 (D) The revenue retained by the county under subsection (B) 12 must be used for the provision of services for the victims of crime 13 including those required by law. These funds must be 14 appropriated for the exclusive purpose of providing victim services 15 as required by Article 15, Chapter 3, of Title 16; specifically, those 16 service requirements that are imposed on local law enforcement, 17 local detention facilities, prosecutors, and the summary courts. 18 First priority must be given to those victims' assistance programs 19 which are required by Article 15, Chapter 3, of Title 16 and second 20 priority must be given to programs which expand victims' services 21 beyond those required by Article 15, Chapter 3, of Title 16. All 22 unused funds must be carried forward from year to year and used 23 exclusively for the provision of services for victims of crime. All 24 unused funds must be separately identified in the governmental 25 entity's adopted budget as funds unused and carried forward from 26 previous years.” 27 28 F. Section 141208(C) and (D) of the 1976 Code is amended to 29 read: 30 “(C) After deducting amounts provided pursuant to Section 31 141210, the State Treasurer shall deposit the balance of the 32 assessments received as follows: 33 (1) 14.04 percent for programs established pursuant to 34 Chapter 21 of Title 24 and the Shock Incarceration Program as 35 provided in Article 13, Chapter 13, of Title 24; 36 (2) 13.89 percent to the Law Enforcement Training Council 37 for training in the fields of law enforcement and criminal justice; 38 (3) .36 percent to the Department of Public Safety to defray 39 the cost of erecting and maintaining the South Carolina Law 40 Enforcement Officers Hall of Fame. When funds collected 41 pursuant to this item exceed the necessary costs and expenses of 42 the South Carolina Law Enforcement Officers Hall of Fame 43 operation and maintenance as determined by the Department of

[289] 16 1 Public Safety, the department may retain, carry forward, and 2 expend the surplus for the purpose of defraying the costs of 3 maintaining and operating the Hall of Fame; 4 (4) 10.38 percent for the State Office of Victim Assistance 5 Office of the Attorney General, South Carolina Crime Victim 6 Services Division, Department of Crime Victim Compensation, 7 Victim Compensation Fund; 8 (5) 11.53 percent to the general fund; 9 (6) 10.56 percent to the Office of Indigent Defense for the 10 defense of indigents; 11 (7) .89 percent to the Department of Mental Health to be 12 used exclusively for the treatment and rehabilitation of drug 13 addicts within the department’s addiction center facilities; 14 (8) .54 percent to the Office of the Attorney General for a 15 fund to provide support for counties involved in complex criminal 16 litigation. For the purposes of this item, ‘complex criminal 17 litigation’ means criminal cases in which the State is seeking the 18 death penalty and has served notice as required by law upon the 19 defendant’s counsel and the county involved has expended more 20 than one hundred thousand dollars for a particular case in direct 21 support of operating the court of general sessions and for 22 prosecutionrelated expenses. The Attorney General shall develop 23 guidelines for determining what expenses are reimbursable from 24 the fund and shall approve all disbursements from the fund. Funds 25 must be paid to a county for all expenditures authorized for 26 reimbursement under this item except for the first one hundred 27 thousand dollars the county expended in satisfying the 28 requirements for reimbursement from the fund; however, money 29 disbursed from this fund must be disbursed on a ‘first received, 30 first paid’ basis. When revenue in the fund reaches five hundred 31 thousand dollars, all revenue in excess of five hundred thousand 32 dollars must be credited to the general fund of the State. 33 Unexpended revenue in the fund at the end of the fiscal year 34 carries over and may be expended in the next fiscal year; 35 (9)(a) 9.16 percent to the Department of Public Safety for the 36 programs established pursuant to Section 5652953(E); and 37 (b) 1.31 percent to SLED for the programs established 38 pursuant to Section 5652953(E); 39 (10) 13.61 percent to the Governor’s Task Force on Litter and 40 in the expenditure of these funds, the provisions of Chapter 35, of 41 Title 11 do not apply; 42 (11) 13.61 percent to the Department of Juvenile Justice. The 43 Department of Juvenile Justice must apply the funds generated by

[289] 17 1 this item to offset the nonstate share of allowable costs of 2 operating juvenile detention centers so that per diem costs charged 3 to local governments utilizing the juvenile detention centers do not 4 exceed twentyfive dollars a day. Notwithstanding this provision of 5 law, the director of the department may waive, reduce, defer, or 6 reimburse the charges paid by local governments for juvenile 7 detention placements. The department may apply the remainder of 8 the funds generated by this item, if any, to operational or capital 9 expenses associated with regional evaluation centers; and 10 (12) .12 percent to the Office of the State Treasurer to defray 11 the administrative expenses associated with the collecting and 12 distributing the revenue of these assessments. 13 (D) The revenue retained by the municipality under subsection 14 (B) must be used for the provision of services for the victims of 15 crime including those required by law. These funds must be 16 appropriated for the exclusive purpose of providing victim services 17 as required by Article 15, Chapter 3, of Title 16; specifically, those 18 service requirements that are imposed on local law enforcement, 19 local detention facilities, prosecutors, and the summary courts. 20 First priority must be given to those victims' assistance programs 21 which are required by Article 15, Chapter 3, of Title 16 and second 22 priority must be given to programs which expand victims' services 23 beyond those required by Article 15, Chapter 3, of Title 16. All 24 unused funds must be carried forward from year to year and used 25 exclusively for the provision of services for victims of crime. All 26 unused funds must be separately identified in the governmental 27 entity's adopted budget as funds unused and carried forward from 28 previous years.” 29 30 G.Section 141210(A) of the 1976 Code is amended to read: 31 32 “Section 141210. (A) Based upon a random selection process, 33 the State Auditor shall periodically examine the books, accounts, 34 receipts, disbursements, vouchers, and any records considered 35 necessary of the county treasurers, municipal treasurers, county 36 clerks of court, magistrates, and municipal courts to report whether 37 or not the assessments, surcharges, fees, fines, forfeitures, 38 escheatments, or other monetary penalties imposed or mandated, 39 or both, by law in family court, circuit court, magistrates court, and 40 municipal court are properly collected and remitted to the State. In 41 addition, these audits shall determine if the proper amount of funds 42 have been reported, retained, and allocated for victim services in 43 accordance with the law. These audits must be performed in

[289] 18 1 accordance with standard auditing practices to include the right to 2 respond to findings before the publishing of the audit report. The 3 State Auditor shall submit a copy of the completed audit report to 4 the chairmen of the House Ways and Means Committee, Senate 5 Finance Committee, House Judiciary Committee, Senate Judiciary 6 Committee, and the Governor. If the State Auditor finds that a 7 jurisdiction has over remitted the state’s portion of the funds 8 collected by the jurisdiction or over reported or over retained crime 9 victim funds, the State Auditor shall notify the State Treasurer to 10 make the appropriate adjustment to that jurisdiction. If the State 11 Auditor finds that a jurisdiction has under remitted, incorrectly 12 reported, incorrectly retained, or incorrectly allocated the State or 13 victim services portion of the funds collected by the jurisdiction, 14 the State Auditor shall determine where the error was made. If the 15 error is determined to have been made by the county or municipal 16 treasurer’s office, the State Auditor shall notify the State Office of 17 Victim Assistance Office of the Attorney General, South Carolina 18 Crime Victim Services Division, Department of Crime Victim 19 Compensation for the crime victim portion and the chief 20 administrator of the county or municipality of the findings and, if 21 full payment has not been made by the county or municipality 22 within ninety days of the audit notification, the State Treasurer 23 shall adjust the jurisdiction’s State Aid to Subdivisions Act 24 funding in an amount equal to the amount determined by the State 25 Auditor to be the state’s portion; or equal to the amount incorrectly 26 reported, retained, or allocated pursuant to Sections 141206, 27 141207, 141208, and 141211. 28 If an error is determined to have been made at the magistrate, 29 municipal, family, or circuit courts, the State Auditor shall notify 30 the responsible office, their supervising authority, and the chief 31 justice of the State. If full payment has not been made by the court 32 within ninety days of the audit notification, the chief magistrate or 33 municipal court or clerk of court shall remit an amount equal to the 34 amount determined by the State Auditor to be the state’s portion or 35 the crime victim fund portion within ninety days of the audit 36 notification.” 37 38 SECTION 5. A.Section 1631110 of the 1976 Code is amended to 39 read: 40 41 “Section 1631110. (A) For the purpose of this article and 42 Articles 14 and 15 of this chapter:

[289] 19 1 (1) ‘Board’ means the South Carolina Crime Victim’s 2 Victim Advisory Board. 3 (2) ‘Claimant’ means any person filing a claim pursuant to 4 this article. 5 (3) ‘Fund’ means the South Carolina Victim’s Victim 6 Compensation Fund, which is a division of the Office of the 7 Governor administered by the Office of the Attorney General, 8 South Carolina Crime Victim Services Division. 9 (4) ‘Director’ means the Director of the Victim’s 10 Compensation Fund Office of the Attorney General, South 11 Carolina Crime Victim Services Division who is appointed by the 12 Governor Attorney General. The director shall be in charge of the 13 State Office of Victim’s Assistance which is part of this division 14 under the supervision of the Governor. 15 (5) ‘Field representative’ means a field representative of the 16 State Victim’s Compensation Fund Office of the Attorney General, 17 South Carolina Crime Victim Services Division, Department of 18 Crime Victim Compensation assigned to handle a claim. 19 (6) ‘Crime’ means an act which is defined as a crime by 20 state, federal, or common law, including terrorism as defined in 21 Section 2331 of Title 18, United States Code. Unless injury or 22 death was recklessly or intentionally inflicted, ‘crime’ does not 23 include an act involving the operation of a motor vehicle, boat, or 24 aircraft. 25 (7) ‘Recklessly or intentionally’ inflicted injury or death 26 includes, but is not limited to, injury or death resulting from an act 27 which violates Sections 5651210, 5652910, 5652920, or 5652930 28 or from the use of a motor vehicle, boat, or aircraft to flee the 29 scene of a crime in which the driver of the motor vehicle, boat, or 30 aircraft knowingly participated. 31 (8) ‘Victim’ means a person who suffers direct or threatened 32 physical, emotional, or financial harm as the result of an act by 33 someone else, which is a crime. The term includes immediate 34 family members of a homicide victim or of any other victim who is 35 either incompetent or a minor and includes an intervenor. The term 36 also includes a minor who is a witness to a domestic violence 37 offense pursuant to Section 162520 or Section 162565. 38 (9) ‘Intervenor’ means a person other than a law 39 enforcement officer performing normal duties, who goes to the aid 40 of another, acting not recklessly, to prevent the commission of a 41 crime or lawfully apprehend a person reasonably suspected of 42 having committed a crime.

[289] 20 1 (10) ‘Deputy director’ means the Deputy Director of the 2 Victim’s Compensation Fund. 3 (11) ‘Panel’ means a threemember panel of the board 4 designated by the board chairman to hear appeals. 5 (12)(a)(11) ‘Restitution’ means payment for all injuries, 6 specific losses, and expenses sustained by a crime victim resulting 7 from an offender’s criminal conduct. It includes, but is not limited 8 to: 9 (i)(a) medical and psychological counseling expenses; 10 (ii)(b) specific damages and economic losses; 11 (iii)(c) funeral expenses and related costs; 12 (iv)(d) vehicle impoundment fees; 13 (v)(e) child care costs; and 14 (vi)(f) transportation related to a victim’s participation in 15 the criminal justice process. 16 (B) Restitution does not include awards for pain and suffering, 17 wrongful death, emotional distress, or loss of consortium. 18 Restitution orders do not limit any civil claims a crime victim 19 may file. 20 (C) Notwithstanding any other provision of law, the applicable 21 statute of limitations for a crime victim, who has a cause of action 22 against an incarcerated offender based upon the incident which 23 made the person a victim, is tolled and does not expire until three 24 years after the offender’s release from the sentence including 25 probation and parole time or three years after release from 26 commitment pursuant to Chapter 48 of Title 44, whichever is later. 27 However, this provision shall not shorten any other tolling period 28 of the statute of limitations which may exist for the crime victim.” 29 30 B.Section 1631120 of the 1976 Code is amended to read: 31 32 “Section 1631120. (A) A director of the Victim’s 33 Compensation Fund South Carolina Crime Victim Services 34 Division must be appointed by the Governor Attorney General and 35 shall serve at his pleasure. The director is responsible for 36 administering the provisions of this article. Included among the 37 duties of the director is the responsibility, with approval of the 38 South Carolina Crime Victim’s Victim Advisory Board as 39 established in this article, for developing and administering a plan 40 for informing the public of the availability of the benefits provided 41 under this article and procedures for filing claims for the benefits.

[289] 21 1 (B) The director, upon approval by the South Carolina Crime 2 Victim’s Victim Advisory Board, has the following additional 3 powers and duties: 4 (1) to appoint a deputy director of the Victim’s 5 Compensation Fund Department of Crime Victim Compensation, 6 and staff necessary for the operation thereof of the department, and 7 to contract for services. The director shall recommend the salary 8 for the deputy director and other staff members, as allowed by 9 statute or applicable law; 10 (2) the board shall promulgate regulations to carry out the 11 provisions and purposes of this article and Article 14 of this 12 chapter. Regulations pertaining to this article and Article 14 of this 13 chapter in effect on July 1, 1993, shall remain in full force and 14 effect until otherwise amended as provided by law; 15 (3) to request from the Attorney General, South Carolina 16 Law Enforcement Division, solicitors, magistrates, judges, county 17 and municipal police departments, and any other agency or 18 department such assistance and data as will enable the director to 19 determine whether, and the extent to which, a claimant qualifies 20 for awards. Any person, agency, or department listed above is 21 authorized to provide the director with the information requested 22 upon receipt of a request from the director. Any provision of law 23 providing for confidentiality of juvenile records does not apply to a 24 request of the deputy director, the director, the board, or a panel of 25 the board pursuant to this section; 26 (4)(3) to reinvestigate or reopen previously decided award 27 cases as the director or deputy director considers necessary; 28 (5)(4) to require the submission of medical records as are 29 needed by the board, a panel of the board, or deputy director or his 30 staff and, when necessary, to direct medical examination of the 31 victim; 32 (6)(5) to take or cause to be taken affidavits or depositions 33 within or without the State. This power may be delegated to the 34 deputy director or the board or its panel; 35 (7)(6) to render each year to the Governor and to the General 36 Assembly a written report of the activities of the Victim’s 37 Compensation Fund Department of Crime Victim Compensation 38 and the Victim Compensation Fund pursuant to this article; 39 (8)(7) to delegate the authority to the deputy director to reject 40 incomplete claims for awards or assistance; 41 (9)(8) to render awards to victims of crime or to those other 42 persons entitled to receive awards in the manner authorized by this 43 article. The power may be delegated to the deputy director;

[289] 22 1 (10)(9)to apply for funds from, and to submit all necessary 2 forms to, any federal agency participating in a cooperative 3 program to compensate victims of crime; 4 (11)(10) to delegate to the board or a panel of the board on 5 appeal matters any power of the director or deputy director.” 6 7 C.Section 1631140 of the 1976 Code is amended to read: 8 9 “Section 1631140. (1)(A) The claimant may, within thirty days 10 after receipt of the report of the decision of the Deputy Director 11 deputy director, make an application in writing to the Deputy 12 Director deputy director for review of the decision. 13 (2)(B) Upon receipt of an application for review pursuant to 14 subsection (1) of this section (A), the Deputy Director deputy 15 director shall forward all relevant documents and information to 16 the Chairman of the Crime Victim’s Victim Advisory Board. The 17 Chairman chairman shall appoint a threemember panel of the 18 Board which shall review the records and affirm or modify the 19 decision of the Deputy Director deputy director; provided, that the 20 Chairman chairman may order, in his discretion, that any particular 21 case must be heard by the full Board board. If considered 22 necessary by the Board board or its panel or if requested by the 23 claimant, the Board board or its panel shall order a hearing prior to 24 rendering a decision. At the hearing any relevant evidence, not 25 legally privileged, is admissible. The Board board or its panel shall 26 render a decision within ninety days after completion of the 27 investigation. The action of the Board board or its panel is final 28 and nonappealable. If the Deputy Director deputy director receives 29 no application for review pursuant to subsection (1)(A), his 30 decision becomes the final decision of the Victim’s Compensation 31 Fund Department of Crime Victim Compensation. 32 (3)(C) The Board board or its panel, for purposes of this article, 33 may subpoena witnesses, administer or cause to be administered 34 oaths, and examine such parts of the books and records of the 35 parties to proceedings as relate to questions in dispute. 36 (4)(D) The Deputy Director deputy director shall within ten 37 days after receipt of the Board’s board’s or panel’s final decision 38 make a report to the claimant including a copy of the final decision 39 and the reasons why the decision was made.” 40 41 D.Section 1631150 of the 1976 Code is amended to read: 42

[289] 23 1 “Section 1631150. Notwithstanding the provisions of Section 2 1631130, if it appears to the deputy director that the claim is one 3 with respect to which an award probably will be made and undue 4 hardship will result to the claimant, if immediate payment is not 5 made, the deputy director may make one or more emergency 6 awards to the claimant pending a final decision in the case, 7 provided that: 8 (a)(1) the amount of each emergency award shall not exceed 9 five hundred dollars,; 10 (b)(2) the total amount of such emergency awards shall not 11 exceed one thousand dollars,; 12 (c)(3) the amount of such emergency awards must be deducted 13 from any final award made to the claimant,; and 14 (d)(4) the excess of the amount of any emergency award over 15 the amount of the final award, or the full amount of any emergency 16 award if no final award is made, must be repaid by the claimant to 17 the Victim’s Victim Compensation Fund as created by this article.” 18 19 E. Section 1631160 of the 1976 Code is amended to read: 20 21 “Section 1631160. (A) There is created a board to be known as 22 the South Carolina Crime Victim’s Victim Advisory Board to 23 consist of eleven members to be appointed by the Governor 24 Attorney General. Of the original seven members, at least two of 25 the members shall have been admitted to practice law in this State 26 for not less than five years next preceding their appointment, one 27 member shall be a physician licensed to practice medicine under 28 the laws of this State, and one member shall have at least four 29 years’ administrative experience in a courtrelated Victim’s 30 Assistance Fund, provided that such a qualified person is available. 31 Of the four additional members, one must be a law enforcement 32 officer with at least five years’ administrative experience, one shall 33 have at least five years’ experience in directing sexual assault 34 prevention or treatment services, one shall have at least five years’ 35 experience in providing services for domestic violence victims, 36 and one shall have been a victim of crime. 37 (B) The term of office of each appointed member is five years 38 and until his successor is appointed and qualified. Of those seven 39 members first appointed, two shall serve for a term of one year, 40 two for a term of two years, one for a term of three years, one for a 41 term of four years, and one for a term of five years, with the initial 42 terms to be designated by the Governor Attorney General when 43 making the initial appointments. The initial terms of four

[289] 24 1 additional members to be appointed as provided herein in this 2 section are for two, three, four, and five years, respectively, the 3 initial term of each member to be designated by the Governor 4 Attorney General when making the appointment. The Governor 5 Attorney General shall select a chairman. The board may elect a 6 secretary and other officers as deemed necessary. 7 (C) Any vacancy must be filled for the remainder of the 8 unexpired term by appointment in the same manner of the initial 9 appointments. On June 30, 2017, the terms of the members of the 10 board currently serving shall terminate, and members serving on 11 that date, or subsequently appointed by the Attorney General, are 12 eligible for reappointment at the discretion of the Attorney 13 General. 14 The board shall meet at least twice each year and must be 15 subject to the call of the chairman chairperson, to consider 16 improvements in and monitor the effectiveness of the Victim’s 17 Victim Compensation Fund, and to review and comment on the 18 budget and approve the regulations pertaining to the Victim’s 19 Victim Compensation Fund of this article and the Victim/Witness 20 Assistance Program of Article 14 of this chapter. The members of 21 the board shall receive the same subsistence, mileage, and per 22 diem as is provided by law for members of state boards, 23 committees, and commissions, to be paid from the Victim’s Victim 24 Compensation Fund as created by this article.” 25 26 F. Section 1631170 of the 1976 Code is amended to read: 27 28 “Section 1631170. (A) No award may be made unless: 29 (1) a crime was committed; 30 (2) the crime directly resulted in physical or psychic trauma 31 to the victim; 32 (3) the crime was promptly reported to the proper authority 33 and recorded in police records; and 34 (4) the claimant or other award recipient has fully 35 cooperated with all law enforcement agencies and with the South 36 Carolina Victim’s Compensation Fund Office of the Attorney 37 General, South Carolina Crime Victim Services Division, 38 Department of Crime Victim Compensation. 39 (B) For the purposes of item (3) of subsection (A)(3), a crime 40 reported more than fortyeight hours after its occurrence is not 41 ‘promptly reported’, absent a showing of special circumstances or 42 causes which justify the delay.” 43

[289] 25 1 G.Section 1631180(C) and (E) of the 1976 Code is amended to 2 read: 3 4 “(C) The aggregate of award to and on behalf of victims may not 5 exceed fifteen thousand dollars unless the Crime Victim’s Victim 6 Advisory Board, by twothirds vote, and the director concur that 7 extraordinary circumstances exist. In this case, the award may not 8 exceed twentyfive thousand dollars.” 9 10 “(E) A previously decided award may be reopened for the 11 purpose of increasing the compensation previously awarded, 12 subject to the maximum provided in this article. In this case the 13 State Office of Victim Assistance Office of the Attorney General, 14 South Carolina Crime Victim Services Division, Department of 15 Crime Victim Compensation shall send immediately to the 16 claimant a copy of the notice changing the award. This review may 17 not affect the award as regards any monies paid, and the review 18 may not be made after eighteen months from the date of the last 19 payment of compensation pursuant to an award under this article 20 unless the director or deputy director determines there is a need to 21 reopen the case as specified in Section 16-3-1120(4) 16-3-1120(B) 22 (3).” 23 24 H. Section 1631220 of the 1976 Code is amended to read: 25 26 “Section 1631220. A person listed in Section 1631210(1) is not 27 eligible to recover under this article if the person: 28 (1) committed or aided in the commission of the crime upon 29 which the claim is based or engaged in other unlawful activity 30 which contributed to or aggravated the resulting injury; 31 (2) is the surviving parent, spouse, or dependent of a deceased 32 victim who would have been barred by subsection (1) had he 33 survived; 34 (3) is a dependent of the offender who committed the crime 35 upon which the claim is based, and the offender would be a 36 principal beneficiary of the award.” 37 38 I. Section 1631230 of the 1976 Code is amended to read: 39 40 “Section 1631230. (1)(A) A claim may be filed by a person 41 eligible to receive an award, as provided in Section 1631210 , or, if 42 the person is an incompetent or a minor, by his parent or legal 43 guardian or other individual authorized to administer his affairs.

[289] 26 1 (2) (B) A claim must be filed by the claimant not later than one 2 hundred eighty days after the latest of the following events: 3 (a)(1) the occurrence of the crime upon which the claim is 4 based; 5 (b)(2) the death of the victim; 6 (c)(3) the discovery by the law enforcement agency that the 7 occurrence was the result of crime; or 8 (d)(4) the manifestation of a mental or physical injury is 9 diagnosed as a result of a crime committed against a minor. 10 (3)(C) Upon good cause shown, the time for filing may be 11 extended for a period not to exceed four years after the occurrence, 12 diagnosed manifestation, or death. ‘Good cause’ for the above 13 purposes includes reliance upon advice of an official victim 14 assistance specialist who either misinformed or neglected to 15 inform a victim of rights and benefits of the Victim’s Victim 16 Compensation Fund but does not mean simply ignorance of the 17 law. 18 (4)(D) Claims must be filed in the office of the director 19 Department of Crime Victim Compensation with input from the 20 board by conventional mail, facsimile, in person, or through 21 another electronic submission mechanism approved by the 22 director. The director shall accept for filing all claims submitted by 23 persons eligible pursuant to subsection (1)(A) and meeting the 24 requirements as to the form of the claim contained in the 25 regulations of the board form developed by the Office of the 26 Attorney General, South Carolina Crime Victim Services Division, 27 Department of Crime Victim Compensation.” 28 29 J. Section 1631240 of the 1976 Code is amended to read: 30 31 “Section 1631240. It is unlawful, except for purposes directly 32 connected with the administration of the victim’s compensation 33 program fund, for any person to solicit, disclose, receive, or make 34 use of or authorize, knowingly permit, participate in or acquiesce 35 in the use of any list, or names of, or information concerning 36 persons applying for or receiving awards hereunder pursuant to the 37 provisions of this article without the written consent of the 38 applicant or recipient. The records, papers, files, and 39 communications of the Board board, its panel, and the Director 40 director and his staff must be regarded as confidential information 41 and privileged and not subject to disclosure under the Freedom of 42 Information Act as contained in Chapter 3, of Title 30.” 43

[289] 27 1 K.Section 1631260 of the 1976 Code is amended to read: 2 3 “Section 1631260. (1)(A) A payment of benefits to, or on 4 behalf of, a victim or intervenor, or eligible family member under 5 this article creates a debt due and owing to the State by a person as 6 determined by a court of competent jurisdiction of this State, who 7 has committed the criminal act. 8 (2)(B) The Circuit Court, when placing on probation a person 9 who owes a debt to the State as a consequence of a criminal act, 10 may set as a condition of probation the payment of the debt or a 11 portion of the debt to the State. The court also may set the schedule 12 or amounts of payments subject to modification based on change 13 of circumstances. 14 (3)(C) The Department of Probation, Parole, and Pardon 15 Services shall also have the right to make payment of the debt or a 16 portion of the debt to the State a condition of parole or community 17 supervision. 18 (4)(D) When a juvenile is adjudicated delinquent in a Family 19 Court proceeding involving a crime upon which a claim under this 20 article can be made, the Family Court, in its discretion, may order 21 that the juvenile pay the debt to the State Office of Victim 22 Assistance Office of the Attorney General, South Carolina Crime 23 Victim Services Division, Department of Crime Victim 24 Compensation, as created by this article, as an adult would have to 25 pay had an adult committed the crime. Any assessments ordered 26 may be made a condition of probation as provided in Section 27 63191410. 28 (5)(E) Payments authorized or required under this section must 29 be paid to the State Office of Victim Assistance Office of the 30 Attorney General, South Carolina Crime Victim Services Division. 31 The Director of the State Office of Victim Assistance Office of the 32 Attorney General, South Carolina Crime Victim Services Division, 33 together with the deputy director of the Department of Crime 34 Victim Compensation, shall coordinate the development of 35 policies and procedures for the South Carolina Department of 36 Corrections, the Department of Juvenile Justice, the South 37 Carolina Office of Court Administration, the Department of 38 Probation, Parole, and Pardon Services, and the South Carolina 39 Board of Probation, Parole, and Pardon Services to assure that 40 victim restitution programs are administered in an effective 41 manner to increase payments into the State Office of Victim 42 Assistance fund.

[289] 28 1 (6)(F) Restitution payments to the State Office of Victim 2 Assistance Office of the Attorney General, South Carolina Crime 3 Victim Services Division, Department of Crime Victim 4 Compensation, Victim Compensation Fund may be made by the 5 Department of Corrections from wages accumulated by offenders 6 in its custody who are subject to this article, except that offenders’ 7 wages must not be used for this purpose if monthly wages are at or 8 below minimums required to purchase basic necessities.” 9 10 L. Section 1631290 of the 1976 Code is amended to read: 11 12 “Section 1631290. (1)(A) There is hereby created a special fund 13 to be known as the Victim’s Victim Compensation Fund for the 14 purpose of providing for the payment of all necessary and proper 15 expenses incurred by the operation of the Victim’s Compensation 16 Fund fund and the payment of claims. The State Treasurer is the 17 custodian of the fund and all monies in the fund are held by the 18 State Treasurer. 19 (2)(B) The funds placed in the Victim’s Victim Compensation 20 Fund shall consist of all money appropriated by the General 21 Assembly, if any, for the purpose of compensating claimants under 22 this article and money recovered on behalf of the State pursuant to 23 this article by subrogation or other action, recovered by court 24 order, received from the federal government, received from 25 additional court costs, received from assessments or fines, or 26 received from any other public or private source, pursuant to this 27 article. 28 (3)(C) All administrative costs of this article, except the 29 Director’s director’s salary, must be paid out of money collected 30 pursuant to this article which has been deposited in the Victim’s 31 Compensation Fund fund. 32 (4)(D) Interest earned on all monies held in the Victim’s 33 Compensation Fund fund shall be remitted to the general fund of 34 the State.” 35 36 M. Section 1631330 of the 1976 Code is amended to read: 37 38 “Section 1631330. (A) When the director determines that 39 projected revenue in any fiscal year will be insufficient to pay 40 projected claims or awards in the amounts provided herein 41 pursuant to the provisions of this article, he shall reduce the 42 amount of all claims or awards by an amount equal to the ratio of 43 projected revenue to the total projected claims or awards cost.

[289] 29 1 When these reductions are required, the director shall inform the 2 public through the media of the reductions as promptly as possible. 3 The reductions apply to all claims or awards not paid as of the 4 effective date of the reductions order. 5 (B) Any award hereunder is specifically not a claim against the 6 State if it cannot be paid due to a lack of funds in the Victim’s 7 Victim Compensation Fund.” 8 9 N.Section 1631340 of the 1976 Code is amended to read: 10 11 “Section 1631340. (A) A claimant may be represented by an 12 attorney in proceedings under this article. Fees for such attorney 13 Attorneys’ fees must be paid from the Victim’s Victim 14 Compensation Fund, subject to the approval of the Director 15 director, except that in the event of an appeal pursuant to Section 16 1631140, attorneys’ fees are subject to the approval of the Board 17 board or its panel hearing the appeal. Attorneys for the South 18 Carolina State Accident Fund within the Office of the Attorney 19 General shall represent the South Carolina Victim’s Compensation 20 Fund Department of Crime Victim Compensation in proceedings 21 under this article. 22 (B) Any person who receives any fee or other consideration or 23 any gratuity on account of services so rendered, unless such the 24 consideration or gratuity is approved by the Deputy Director 25 deputy director, or who makes it a business to solicit employment 26 for a lawyer or for himself in respect to any claim or award for 27 compensation is guilty of a misdemeanor and, upon conviction 28 must for each offense, be punished by a fine of not more than five 29 hundred dollars or by imprisonment not to exceed more than one 30 year, or by both such fine and imprisonment.” 31 32 O.Section 1631350 of the 1976 Code is amended to read: 33 34 “Section 1631350. (A) The State must ensure that a victim of 35 criminal sexual conduct in any degree, criminal sexual conduct 36 with a minor in any degree, or child sexual abuse must not bear the 37 cost of his or her routine medicolegal exam following the assault. 38 (B) These exams must be standardized relevant to medical 39 treatment and to gathering evidence from the body of the victim 40 and must be based on and meet minimum standards for rape exam 41 protocol as developed by the South Carolina Law Enforcement 42 Division, the South Carolina Hospital Association, and the 43 Governor’s Office Division of Victim Assistance Office of the

[289] 30 1 Attorney General, South Carolina Crime Victim Services Division 2 with production costs to be paid from funds appropriated for the 3 Victim’s Victim Compensation Fund. These exams must include 4 treatment for sexually transmitted diseases, and must include 5 medication for pregnancy prevention if indicated and if desired. 6 The South Carolina Law Enforcement Division must distribute 7 these exam kits to any licensed health care facility providing 8 sexual assault exams. When dealing with a victim of criminal 9 sexual assault, the law enforcement agency immediately must 10 transport the victim to the nearest licensed health care facility 11 which performs sexual assault exams. A health care facility 12 providing sexual assault exams must use the standardized protocol 13 described in this subsection. 14 (C) A licensed health care facility, upon completion of a 15 routine sexual assault exam as described in subsection (B) 16 performed on a victim of criminal sexual conduct in any degree, 17 criminal sexual conduct with a minor in any degree, or child sexual 18 abuse, may file a claim for reimbursement directly to the South 19 Carolina Crime Victim’s Compensation Fund Office of the 20 Attorney General, South Carolina Crime Victim Services Division, 21 Department of Crime Victim Compensation if the offense occurred 22 in South Carolina. The South Carolina Crime Victim’s 23 Compensation Fund department must develop procedures for 24 health care facilities to follow when filing a claim with respect to 25 the privacy of the victim. Health care facility personnel must 26 obtain information necessary for the claim at the time of the exam, 27 if possible. The South Carolina Crime Victim’s Compensation 28 Fund department must reimburse eligible health care facilities 29 directly from the fund. 30 (D) The Governor’s Office Division of Victim Assistance 31 Office of the Attorney General, South Carolina Crime Victim 32 Services Division, Department of Crime Victim Compensation 33 must utilize existing funds appropriated from the general fund for 34 the purpose of compensating licensed health care facilities for the 35 cost of routine medical exams for sexual assault victims as 36 described above. When the director determines that projected 37 reimbursements in a fiscal year provided in this section exceed 38 funds appropriated for payment of these reimbursements, he must 39 direct the payment of the additional services from the Victim’s 40 Compensation Fund fund. For the purpose of this particular exam, 41 the one hundred dollar deductible is waived for award eligibility 42 under the fund. The South Carolina Victim’s Compensation Fund 43 department must develop appropriate guidelines and procedures

[289] 31 1 and distribute them to law enforcement agencies and appropriate 2 health care facilities.” 3 4 SECTION 6. Article 14, Chapter 3, Title 16 of the 1976 Code is 5 amended to read: 6 7 ”Article 14 8 9 Victim Assistance Program 10 11 Crime Victim Services Training, Provider Certification, and 12 Statistical Analysis 13 14 Section 1631410. (A) The Department of Crime Victim 15 Services Training, Provider Certification, and Statistical Analysis 16 is created within the Office of the Attorney General, South 17 Carolina Crime Victim Services Division. The Director of the 18 Crime Victim Services Division shall appoint a deputy director of 19 the department. 20 (B) The Department of Crime Victim Services Training, 21 Provider Certification, and Statistical Analysis shall: 22 (1) provide oversight of training, education, and certification 23 of victim assistance programs; 24 (2) in cooperation with the Victim Services Coordinating 25 Council, promulgate training standards and requirements; 26 (3) approve training curricula for credit hours toward 27 certification; 28 (4) provide victim service provider certification; 29 (5) maintain records of certified victim service providers; 30 and 31 (6) collect and analyze statistical data gathered from 32 providers; grant providers; grant recipients; all victim services 33 funding streams; and local, state, and federal crime data and 34 publish analysis, needs assessments, and reports. 35 (C) Public crime victim assistance programs shall ensure that 36 all victim service providers employed in their respective offices 37 are certified through the department. 38 (1) Private, nonprofit programs shall ensure that all crime 39 victim service providers in these nonprofit programs are certified 40 by a Victim Services Coordinating Councilapproved certification 41 program. Victim Services Coordinating Council approval must 42 include review of the program to ensure that requirements are

[289] 32 1 commensurate with the certification requirements for public victim 2 assistance service providers. 3 (2) Crime victim service providers, serving in public or 4 private nonprofit programs and employed on the effective date of 5 this article, are exempt from basic certification requirements but 6 must meet annual continuing education requirements to maintain 7 certification. Crime victim service providers, serving in public or 8 private nonprofit programs and employed after the effective date 9 of this article, are required to complete the basic certification 10 requirements within one year from the date of employment and to 11 meet annual continuing education requirements to maintain 12 certification throughout their employment. 13 (3) The mandatory minimum certification requirements, as 14 promulgated by the deputy director, may not exceed fifteen hours, 15 and the mandatory minimum requirements for continuing 16 advocacy education, as promulgated by the deputy director, may 17 not exceed twelve hours. 18 (4) Nothing in this section shall prevent an entity from 19 requiring, or an individual from seeking, additional certification 20 credits beyond the basic required hours. 21 22 Section 163400 1631420. For purposes of this article: 23 (1) ‘Victim service provider’ means a person: 24 (a) who is employed by a local government or state agency 25 and whose job duties involve providing victim assistance as 26 mandated by South Carolina law; or 27 (b) whose job duties involve providing direct services to 28 victims and who is employed by an organization that is 29 incorporated in South Carolina, holds a certificate of authority in 30 South Carolina, or is registered as a charitable organization in 31 South Carolina, and the organization’s mission is victim assistance 32 or advocacy and the organization is privately funded or receives 33 funds from federal, state, or local governments to provide services 34 to victims. 35 ‘Victim service provider’ does not include a municipal court 36 judge, magistrates court judge, circuit court judge, special circuit 37 court judge, or family court judge. 38 (2) ‘Witness’ means a person who has been or is expected to 39 be summoned to testify for the prosecution or who by reason of 40 having relevant information is subject to call or likely to be called 41 as a witness for the prosecution, whether or not an action or 42 proceeding is commenced. 43

[289] 33 1 Section 1631410 1631430.(A) The Victim Compensation Fund 2 Department of Crime Victim Services Training, Provider 3 Certification, and Statistical Analysis, in collaboration with the 4 Department of Crime Victim Compensation, is authorized to 5 provide the following victim assistance services, contingent upon 6 the availability of funds in the Victim Compensation Fund: 7 (1) provide information, training, and technical assistance to 8 state and local agencies and groups involved in victim and 9 domestic violence assistance, such as the Attorney General’s 10 Office, the solicitors’ offices, law enforcement agencies, judges, 11 hospital staff, rape crisis centers, and spouse abuse shelters; 12 (2) provide recommendations to the Governor and General 13 Assembly on needed legislation and services for victims; 14 (3) serve as a clearinghouse of victim information; 15 (4) develop ongoing public awareness and programs to assist 16 victims, such as newsletters, brochures, television and radio spots 17 and programs, and news articles; 18 (5) provide staff support for a Victim Services Coordinating 19 Council representative of all agencies and groups involved in 20 victim and domestic violence services to improve coordination 21 efforts, suggest policy and procedural improvements to those 22 agencies and groups as needed, and recommend needed statutory 23 changes to the General Assembly; and 24 (6) coordinate the development and implementation of 25 policy and guidelines for the treatment of victims with appropriate 26 agencies. 27 (B) The Victim Services Coordinating Council shall consist of 28 the following twentytwo members: 29 (1) the director of the State Office of Victim Assistance 30 Office of the Attorney General, South Carolina Crime Victim 31 Services Division, or his designee, who shall serve as chairperson; 32 (2) the director of the South Carolina Department of 33 Probation, Parole and Pardon Services, or his designee; 34 (3) the director of the South Carolina Department of 35 Corrections, or his designee; 36 (4) the director of the South Carolina Department of 37 Juvenile Justice, or his designee; 38 (5) the director of the South Carolina Commission on 39 Prosecution Coordination, or his designee; 40 (6) the Governor’s Crime Victims’ Ombudsman, or his 41 designee deputy directors of the three departments and the 42 Ombudsman under the Office of the Attorney General, South 43 Carolina Crime Victim Services Division;

[289] 34 1 (7) the director of the South Carolina Sheriffs’ Association, 2 or his designee; 3 (8) the president of the South Carolina Police Chiefs 4 Association, or his designee; 5 (9) the president of the South Carolina Jail Administrators’ 6 Association, or his designee; 7 (10) the president of the Solicitors’ Advocate Forum, or his 8 designee; 9 (11) the president of the Law Enforcement Victim Advocate 10 Association, or his designee; 11 (12) the director of the South Carolina Coalition Against 12 Domestic Violence and Sexual Assault, or his designee; 13 (13) the Attorney General, or his designee; 14 (14) the administrator of the Office of Justice Programs, 15 Department of Public Safety, or his designee; 16 (15) four three representatives appointed by the State Office 17 of Victim Assistance for a term of two years and until their 18 successors are appointed and qualified for each of the following 19 categories: 20 (a) one representative of university or campus services; 21 (b) one representative of a statewide crime victim 22 organization; 23 (c) one representative of a statewide child advocacy 24 organization; and 25 (d)(c) one crime victim; and 26 (16)(15) four three atlarge seats elected upon twothirds vote 27 of the other eighteen members of the Victim Services Coordinating 28 Council for a term of two years and until their successors are 29 appointed and qualified, at least one of whom must be a crime 30 victim and two of which must be representatives of 31 communitybased nongovernmental organizations. 32 The Victim Services Coordinating Council shall solicit input on 33 issues affecting relevant stakeholders when those stakeholders are 34 not explicitly represented. The Victim Services Coordinating 35 Council shall meet at least four times per year. 36 37 Section 1631420. The director of the State Victim Assistance 38 Program is the director of the South Carolina State Office of 39 Victim Assistance.” 40 41 SECTION 7. Article 16, Chapter 3, Title 16 of the 1976 Code is 42 amended to read: 43

[289] 35 1 ”Article 16 2 3 Crime Victims’ Victim Ombudsman of the Office of the Governor 4 5 Section 1631610. As used in this article: 6 (1) ‘Criminal and juvenile justice system’ means circuit 7 solicitors and members of their staffs; the Attorney General and his 8 staff; law enforcement agencies and officers; adult and juvenile 9 probation, parole, and correctional agencies and officers; officials 10 responsible for victims’ compensation and other services which 11 benefit victims of crime, and state, county, and municipal victim 12 advocacy and victim assistance personnel. 13 (2) ‘Victim assistance program’ means an entity, whether 14 governmental, corporate, nonprofit, partnership, or individual, 15 which provides, is required by law to provide, or claims to provide 16 services or assistance, or both to victims on an ongoing basis. 17 (3) ‘Victim’ means a person who suffers direct or threatened 18 physical, emotional, or financial harm as the result of an act by 19 someone else, which is a crime. The term includes immediate 20 family members of a homicide victim or of any other victim who is 21 either incompetent or a minor and includes an intervenor. 22 23 Section 1631620. (A) The Department of Crime Victims’ 24 Victim Ombudsman Office is created in the Department of 25 Administration Office of the Attorney General, South Carolina 26 Crime Victim Services Division. The Crime Victims’ Victim 27 Ombudsman is appointed by the Governor with the advice and 28 consent of the Senate and serves at the pleasure of the Governor 29 Director of the Crime Victim Services Division. 30 (B) The Crime Victims’ Victim Ombudsman of the Department 31 of Administration shall: 32 (1) refer crime victims to the appropriate element of the 33 criminal and juvenile justice systems or victim assistance 34 programs, or both, when services are requested by crime victims or 35 are necessary as determined by the ombudsman; 36 (2) act as a liaison between elements of the criminal and 37 juvenile justice systems, victim assistance programs, and crime 38 victims when the need for liaison services is recognized by the 39 ombudsman; and 40 (3) review and attempt to resolve complaints against 41 elements of the criminal and juvenile justice systems or victim 42 assistance programs, or both, made to the ombudsman by victims 43 of criminal activity within the state’s jurisdiction.

[289] 36 1 (C) There is created within the Crime Victims’ Ombudsman 2 Office of the Department of Administration, the Office of Victim 3 Services Education and Certification which shall: 4 (1) provide oversight of training, education, and certification 5 of victim assistance programs; 6 (2) with approval of the Victim Services Coordinating 7 Council, promulgate training standards and requirements; 8 (3) approve training curricula for credit hours toward 9 certification; 10 (4) provide victim service provider certification; and 11 (5) maintain records of certified victim service providers. 12 (D) Public victim assistance programs shall ensure that all 13 victim service providers employed in their respective offices are 14 certified through the Office of Victim Services Education and 15 Certification within the Office of the Crime Victims’ Ombudsman. 16 (1) Private, nonprofit programs shall ensure that all victim 17 service providers in these nonprofit programs are certified by a 18 Victim Services Coordinating Council approved certification 19 program. Victim Services Coordinating Council approval must 20 include review of the program to ensure that requirements are 21 commensurate with the certification requirements for public victim 22 assistance service providers. 23 (2) Victim service providers, serving in public or private 24 nonprofit programs, employed on the effective date of this chapter 25 are exempt from basic certification requirements but shall meet 26 annual continuing education requirements to maintain certification. 27 Victim service providers, serving in public or private nonprofit 28 programs, employed after the effective date of this chapter are 29 required to complete the basic certification requirements within 30 one year from the date of employment and to meet annual 31 continuing education requirements to maintain certification 32 throughout their employment. 33 (3) The mandatory minimum certification requirements, as 34 promulgated by the Crime Victims’ Ombudsman, may not exceed 35 fifteen hours, and the mandatory minimum requirements for 36 continuing advocacy education, as promulgated by the Crime 37 Victims’ Ombudsman, may not exceed twelve hours. 38 (4) Nothing in this section shall prevent an entity from 39 requiring or an individual from seeking additional certification 40 credits beyond the basic required hours. 41 42 Section 1631630. Upon receipt of a written complaint that 43 contains specific allegations and is signed by a victim of criminal

[289] 37 1 activity within the state’s jurisdiction, the ombudsman shall 2 forward copies of the complaint to the person, program, and 3 agency against whom it makes allegations, and conduct an inquiry 4 into the allegations stated in the complaint. 5 In carrying out the inquiry, the ombudsman is authorized to 6 request and receive information and documents from the 7 complainant, elements of the criminal and juvenile justice systems, 8 and victim assistance programs that are pertinent to the inquiry. 9 Following each inquiry, the ombudsman shall issue a report 10 verbally or in writing to the complainant and the persons or 11 agencies that are the object of the complaint and recommendations 12 that in the ombudsman’s opinion will assist all parties. The persons 13 or agencies that are the subject of the complaint shall respond, 14 within a reasonable time, to the ombudsman regarding actions 15 taken, if any, as a result of the ombudsman’s report and 16 recommendations. 17 The ombudsman shall prepare a public annual report, not 18 identifying individual agencies or individuals, summarizing his 19 activity. The annual report must be submitted directly to the 20 Governor, General Assembly, elements of the criminal and 21 juvenile justice systems, and victim assistance programs. 22 23 Section 1631640. Information and files requested and received 24 by the ombudsman are confidential and retain their confidential 25 status at all times. Juvenile records obtained under this section may 26 be released only in accordance with provisions of the Children’s 27 Code. 28 29 Section 1631650. All elements of the criminal and juvenile 30 justice systems and victim assistance programs shall cooperate 31 with the ombudsman in carrying out the duties described in 32 Sections 1631620 and 1631630. 33 34 Section 1631660. A victim’s exercise of rights granted by this 35 article is not grounds for dismissing a criminal proceeding or 36 setting aside a conviction or sentence. 37 38 Section 1631670. This article does not create a cause of action 39 on behalf of a person against an element of the criminal and 40 juvenile justice systems, victim assistance programs, the State, or 41 any agency or person responsible for the enforcement of rights and 42 provision of services set forth in this chapter. 43

[289] 38 1 Section 1631680. The Department of Crime Victims’ Victim 2 Ombudsman Office through the Department of Administration 3 Crime Victim Services Division may promulgate recommend to 4 the Attorney General those regulations necessary to assist it in 5 performing its required duties as provided by this chapter. 6 7 Section 1631690. Complaints regarding any allegations against 8 the Office of the Attorney General, Crime Victim Services 9 Division or any of its affiliated departments concerning crime 10 victim services should be submitted in writing to the Crime Victim 11 Ombudsman, who shall cause a rotating threeperson panel of the 12 Crime Victim Services Coordinating Council chosen by him to 13 record, review, and respond to the allegations. Appeal of the 14 threeperson panel’s response or any decision made by the panel 15 regarding the allegations will be heard by the State Inspector 16 General under the authority provided by the provisions of Chapter 17 6, Title 1. The State Inspector General shall provide the procedures 18 for this appeal process, including, but not limited to, a written 19 finding at the end of the appeal process, which must be provided to 20 the complainant and to the Attorney General and the director of the 21 Crime Victim Services Division.” 22 23 SECTION 8. A.Chapter 3, Title 16 of the 1976 Code is amended 24 by adding: 25 26 ”Article 12 27 28 Crime Victim Assistance Grants 29 30 Section 1631095. (A) The Department of Crime Victim 31 Assistance Grants is created within the Office of the Attorney 32 General, South Carolina Crime Victim Services Division to 33 administer the Victims of Crime Act grants, the Violence Against 34 Women Act grants, and the State Victim’s Assistance Program 35 grants. The Director of the Crime Victim Services Division shall 36 appoint a deputy director of the department. 37 (B) The deputy director shall establish a process to solicit and 38 administer the disbursement of funds for Victims of Crime Act 39 grants, the Violence Against Women Act grants, and the State 40 Victim’s Assistance Program grants available under Public Law 41 98473 establishing the Victims of Crime Act of 1984, and the 42 Violence Against Women Act (VAWAI) established under Title 43 IV of the Violent Crime Control and Law Enforcement Act of

[289] 39 1 1944, Public Law No. 103322, 108 Stat. 1796 (September 13, 2 1994), and administer all other crime victim service funding as 3 provided by law, including, but not limited to, the authority to 4 solicit for federal formula or discretionary grant awards and 5 foundation funding.” 6 7 B.Section 236500 of the 1976 Code is amended to read: 8 9 “Section 236500. There is created a council to administer 10 certain responsibilities of the Department of Public Safety and 11 coordinate certain activities between the department, the Office of 12 the Attorney General, the South Carolina Law Enforcement 13 Division and municipal and county law enforcement agencies. The 14 council is to be known as the South Carolina Public Safety 15 Coordinating Council.” 16 17 C.Section 236510 of the 1976 Code is amended to read: 18 19 “Section 236510. (A) The council is composed of the 20 following persons for terms as indicated: 21 (1) the Governor or his designee, to serve as chairman, for 22 the term of the Governor; 23 (2) the Chief of the South Carolina Law Enforcement 24 Division for the term of office for which he is appointed; 25 (3) the Chairman of the Senate Judiciary Committee for his 26 term of office in the Senate or his designee; 27 (4) the Chairman of the House of Representatives Judiciary 28 Committee for his term of office in the House of Representatives 29 or his designee; 30 (5) the Director of the Department of Public Safety; 31 (6) a sheriff appointed by the Governor for the term of office 32 for which he is elected; 33 (7) the Attorney General or his designee; 34 (8) a municipal police chief appointed by the Governor for a 35 term of two years; and 36 (8)(9) a victim representative appointed by the Governor for 37 a term of four years; and 38 (10) a victim with a documented history of victimization 39 appointed by the Attorney General for a term of four years. 40 (B) Any vacancy occurring must be filled in the manner of the 41 original appointment for the unexpired portion of the term.” 42 43 D.Section 236520 of the 1976 Code is amended to read:

[289] 40 1 2 “Section 236520. The council has the following duties to: 3 (1) recommend a hiring and promotion policy for 4 commissioned personnel or officers to be administered under the 5 sole authority of the director; 6 (2) establish a process for the solicitation of applications for 7 public safety grants and to review and approve the disbursement of 8 funds available under Section 402 of Chapter 4 of Title 1 of the 9 Federal Highway Safety Program, public law 89564 in a fair and 10 equitable manner; 11 (3) coordinate the use of department personnel by other state 12 or local agencies or political subdivisions; 13 (4) advise and consult on questions of jurisdiction and law 14 enforcement and public safety activities between the Department 15 of Public Safety, the South Carolina Law Enforcement Division 16 and law enforcement agencies of local political subdivisions; and 17 (5) in collaboration with the Office of the Attorney General, 18 South Carolina Crime Victim Services Division, Department of 19 Crime Victim Assistance Grants establish a process to solicit and 20 administer the disbursement of funds for Victims of Crime Act 21 grants, the Violence Against Women Act grants, the State Victim’s 22 Assistance Program grants available under Public Law 98473 23 establishing the Victims of Crime Act of 1984 and the Violence 24 Against Women Act (VAWAI) established under Title IV of the 25 Violent Crime Control and Law Enforcement Act of 1944, Public 26 Law No. 103322, 108 Stat. 1796 (September 13, 1994), and all 27 other crime victim service funding as provided by law, including, 28 but not limited to, the authority to solicit for federal formula or 29 discretionary grant awards and foundation funding.” 30 31 SECTION 9. Section 1615445(C) of the 1976 Code is amended to 32 read: 33 34 “(C) Subject to the limitations of subsection (B), property 35 forfeited pursuant to court order must be destroyed by the arresting 36 law enforcement agency, unless that law enforcement agency can 37 show good cause for retaining the property. Ownership of property 38 so retained vests in the arresting law enforcement agency which 39 may use the property in the performance of its duties, destroy it, or 40 sell it at public auction. Retained property may be sold at public 41 auction after giving notice, in a newspaper of general circulation in 42 the county, of the date, time, and place of the auction and a 43 description of the property to be auctioned. After payment of the

[289] 41 1 expenses of the auction, onehalf of the net proceeds may be 2 retained by the arresting law enforcement agency, and onehalf 3 must be remitted to the State Treasurer for deposit to the credit of 4 the Victim’s Office of the Attorney General, South Carolina Crime 5 Victim Services Division, Department of Crime Victim 6 Compensation, Victim Compensation Fund.” 7 8 SECTION 10. Section 24340(A)(2)(b) of the 1976 Code, as last 9 amended by Act 237 of 2010, is further amended to read: 10 11 “(b) if the prisoner is employed in a prison industry program, 12 ten percent must be directed to the State Office of Victim 13 Assistance Office of the Attorney General, South Carolina Crime 14 Victim Services Division, Department of Crime Victim 15 Compensation, Victim Compensation Fund for use in training, 16 program development, victim compensation, and general 17 administrative support pursuant to Section 1631410 and ten 18 percent must be retained by the department to support services 19 provided by the department to victims of the incarcerated 20 population.” 21 22 PART III 23 24 Uniform Supplemental Schedule Form 25 26 SECTION 11. A.Section 141206(E) of the 1976 Code is 27 amended to read: 28 29 “(E) To ensure that fines and assessments imposed pursuant to 30 this section and Section 141209(A) are properly collected and 31 remitted to the State Treasurer, the annual independent external 32 audit required to be performed for each county pursuant to Section 33 49150 must include a review of the accounting controls over the 34 collection, reporting, and distribution of fines and assessments 35 from the point of collection to the point of distribution and a 36 supplementary schedule Uniform Supplemental Schedule Form 37 detailing all fines and assessments collected by the clerk of court 38 for the court of general sessions, the amount remitted to the county 39 treasurer, and the amount remitted to the State Treasurer. 40 (1) To the extent that records are made available in the 41 format determined pursuant to subsection (E)(4), the 42 supplementary schedule Uniform Supplemental Schedule Form 43 developed by the Office of the Attorney General, South Carolina

[289] 42 1 Crime Victim Services Division, must be used by all counties and 2 municipalities and must include the following elements: 3 (a) all fines collected by the clerk of court for the court of 4 general sessions; 5 (b) all assessments collected by the clerk of court for the 6 court of general sessions; 7 (c) the amount of fines retained by the county treasurer; 8 (d) the amount of assessments retained by the county 9 treasurer; 10 (e) the amount of fines and assessments remitted to the 11 State Treasurer pursuant to this section; and 12 (f) the total funds, by source, allocated to victim services 13 activities, how those funds were expended, and any balances 14 carried forward. 15 (2) The supplementary schedule Uniform Supplemental 16 Schedule Form must be included in the external auditor’s report by 17 an ‘in relation to’ paragraph as required by generally accepted 18 auditing standards when information accompanies the basic 19 financial statements in auditor submitted documents. 20 (3) Within thirty days of issuance of the audited financial 21 statement, the county must submit to the State Treasurer a copy of 22 the audited financial statement and a statement of the actual cost 23 associated with the preparation of the supplemental schedule 24 Uniform Supplemental Schedule Form required in this subsection. 25 Upon submission to the State Treasurer, the county may retain and 26 pay from the fines and assessments collected pursuant to this 27 section the actual expense charged by the external auditor for the 28 preparation of the supplemental schedule Uniform Supplemental 29 Schedule Form required in this subsection, not to exceed one 30 thousand dollars each year. 31 (4) The clerk of court and county treasurer shall keep 32 records of fines and assessments required to be reviewed pursuant 33 to this subsection in the format determined by the county council 34 and make those records available for review.” 35 36 B.Section 141207(E) of the 1976 Code is amended to read: 37 38 “(E) To ensure that fines and assessments imposed pursuant to 39 this section and Section 141209(A) are properly collected and 40 remitted to the State Treasurer, the annual independent external 41 audit required to be performed for each county pursuant to Section 42 49150 must include a review of the accounting controls over the 43 collection, reporting, and distribution of fines and assessments

[289] 43 1 from the point of collection to the point of distribution and a 2 supplementary schedule Uniform Supplemental Schedule Form 3 detailing all fines and assessments collected by the magistrate’s 4 court of that county, the amount remitted to the county treasurer, 5 and the amount remitted to the State Treasurer. 6 (1) To the extent that records are made available in the 7 format determined pursuant to subsection (E)(4), the 8 supplementary schedule Uniform Supplemental Schedule Form 9 developed by the Office of the Attorney General, South Carolina 10 Crime Victim Services Division, must be used by all counties and 11 municipalities to report victim services funds and must include the 12 following elements: 13 (a) all fines collected by the magistrate’s court; 14 (b) all assessments collected by the magistrate’s court; 15 (c) the amount of fines retained by the county treasurer; 16 (d) the amount of assessments retained by the county 17 treasurer; 18 (e) the amount of fines and assessments remitted to the 19 State Treasurer pursuant to this section; and 20 (f) the total funds, by source, allocated to victim services 21 activities, how those funds were expended, and any balances 22 carried forward. 23 (2) The supplementary schedule Uniform Supplemental 24 Schedule Form must be included in the external auditor’s report by 25 an ‘in relation to’ paragraph as required by generally accepted 26 auditing standards when information accompanies the basic 27 financial statements in auditor submitted documents. 28 (3) Within thirty days of issuance of the audited financial 29 statement, the county must submit to the State Treasurer a copy of 30 the audited financial statement and a statement of the actual cost 31 associated with the preparation of the supplemental schedule 32 Uniform Supplemental Schedule Form required in this section. 33 Upon submission to the State Treasurer, the county may retain and 34 pay from the fines and assessments collected pursuant to this 35 section the actual expense charged by the external auditor for the 36 preparation of the supplemental schedule Uniform Supplemental 37 Schedule Form required in this subsection, not to exceed one 38 thousand dollars each year. 39 (4) The clerk of court and county treasurer shall keep 40 records of fines and assessments required to be reviewed pursuant 41 to this subsection in the format determined by the county council 42 and make those records available for review.” 43

[289] 44 1 C.Section 141208(E) of the 1976 Code is amended to read: 2 3 “(E) To ensure that fines and assessments imposed pursuant to 4 this section and Section 141209(A) are properly collected and 5 remitted to the State Treasurer, the annual independent external 6 audit required to be performed for each municipality pursuant to 7 Section 57240 must include a review of the accounting controls 8 over the collection, reporting, and distribution of fines and 9 assessments from the point of collection to the point of distribution 10 and a supplementary schedule Uniform Supplemental Schedule 11 Form detailing all fines and assessments collected at the court 12 level, the amount remitted to the municipal treasurer, and the 13 amount remitted to the State Treasurer. 14 (1) To the extent that records are made available in the 15 format determined pursuant to subsection (E)(4), the 16 supplementary schedule Uniform Supplemental Schedule Form 17 developed by the Office of the Attorney General, South Carolina 18 Crime Victim Services Division, must be used by all counties and 19 municipalities to report their crime victim services funds and must 20 include the following elements: 21 (a) all fines collected by the clerk of court for the 22 municipal court; 23 (b) all assessments collected by the clerk of court for the 24 municipal court; 25 (c) the amount of fines retained by the municipal 26 treasurer; 27 (d) the amount of assessments retained by the municipal 28 treasurer; 29 (e) the amount of fines and assessments remitted to the 30 State Treasurer pursuant to this section; and 31 (f) the total funds, by source, allocated to victim services 32 activities, how those funds were expended, and any balances 33 carried forward. 34 (2) The supplementary schedule Uniform Supplemental 35 Schedule Form must be included in the external auditor’s report by 36 an ‘in relation to’ paragraph as required by generally accepted 37 auditing standards when information accompanies the basic 38 financial statements in auditor submitted documents. 39 (3) Within thirty days of issuance of the audited financial 40 statement, the municipality must submit to the State Treasurer a 41 copy of the audited financial statement and a statement of the 42 actual cost associated with the preparation of the supplemental 43 schedule Uniform Supplemental Schedule Form required in this

[289] 45 1 section. Upon submission to the State Treasurer, the municipality 2 may retain and pay from the fines and assessments collected 3 pursuant to this section the actual expense charged by the external 4 auditor for the preparation of the supplemental schedule Uniform 5 Supplemental Schedule Form required in this subsection, not to 6 exceed one thousand dollars each year. 7 (4) The clerk of court and municipal treasurer shall keep 8 records of fines and assessments required to be reviewed pursuant 9 to this subsection in the format determined by the municipal 10 governing body and make those records available for review.” 11 12 PART IV 13 14 SECTION 12. A.Chapter 1, Title 14 of the 1976 Code is 15 amended by adding: 16 17 “Section 141211.5. The Department of Crime Victim Assistance 18 Grants shall offer training and technical assistance to each 19 municipality and county annually on the acceptable use of both 20 priority one and priority two funds and funds available for 21 competitive bid.” 22 23 B.Chapter 1, Title 14 of the 1976 Code is amended by adding: 24 25 “Section 141211.6. (A) If the State Auditor finds that any 26 county treasurer, municipal treasurer, county clerk of court, 27 magistrate, or municipal court has not properly allocated revenue 28 generated from court fines, fines, and assessments to the crime 29 victim funds or has not properly expended crime victim funds, 30 pursuant to Sections 141206(B) and (D), 141207(B) and (D), 31 141208(B) and (D), and 141211(B), the State Auditor shall notify 32 the Office of the Attorney General, South Carolina Crime Victim 33 Services Division. The division is authorized to conduct an audit, 34 which must include both a programmatic review and financial 35 audit of any entity or nonprofit organization receiving victim 36 assistance funding, based on the referrals from the State Auditor or 37 complaints of a specific nature received by the division to ensure 38 that crime victim funds are expended in accordance with the law. 39 Guidelines for the expenditure of these funds shall be developed in 40 collaboration with the Victim Services Coordinating Council. The 41 Victim Services Coordinating Council, in collaboration with the 42 director of the division, shall develop these guidelines to ensure

[289] 46 1 any expenditure that meets the parameters of Article 15, Chapter 3, 2 Title 16 is an allowable expenditure. 3 (B) Any local entity or nonprofit organization that receives 4 funding from revenue generated from crime victim funds is 5 required to submit their budget for the expenditure of these funds 6 to the Office of the Attorney General, South Carolina Crime 7 Victim Services Division within thirty days of the budget’s 8 approval by the governing body of the entity or nonprofit 9 organization. Failure to comply with this provision shall cause the 10 division to initiate a programmatic review and a financial audit of 11 the entity’s or nonprofit organization’s expenditures of victim 12 assistance funds. Additionally, the division will place the name of 13 the noncompliant entity or nonprofit organization on its website, 14 where it shall remain until such time as the noncompliant entity or 15 nonprofit organization is in compliance with the terms of this 16 section. 17 (C) Any entity or nonprofit organization receiving victim 18 assistance funding must cooperate and provide expenditure and 19 program data requested by the division. If the division finds an 20 error, the entity or nonprofit organization has ninety days to rectify 21 the error. An error constitutes an entity or nonprofit organization 22 spending victim assistance funding on unauthorized items as 23 determined by the division. If the entity or nonprofit organization 24 fails to cooperate with the programmatic review and financial audit 25 or to rectify the error within ninety days, the division shall assess 26 and collect a penalty in the amount of the unauthorized 27 expenditure plus fifteen hundred dollars against the entity or 28 nonprofit organization for improper expenditures. This penalty 29 which includes the fifteen hundred dollars must be paid within 30 thirty days of the notification by the division to the entity or 31 nonprofit organization that the entity or nonprofit organization is 32 in noncompliance with the provisions of this section. All penalties 33 received by the division shall be credited to the General Fund of 34 the State. If the penalty is not received by the division within 35 thirty days of the notification, the political subdivision must deduct 36 the amount of the penalty from the entity’s or nonprofit 37 organization’s subsequent fiscal year appropriation.” 38 39 B.Chapter 1, Title 14 of the 1976 Code is amended by adding: 40 41 “Section 141211.6. (A) If the State Auditor finds that any 42 county treasurer, municipal treasurer, county clerk of court, 43 magistrate, or municipal court has not properly allocated revenue

[289] 47 1 generated from court fines, fines, and assessments to the crime 2 victim funds or has not properly expended crime victim funds, 3 pursuant to Sections 141206(B) and (D), 141207(B) and (D), 4 141208(B) and (D), and 141211(B), the State Auditor shall notify 5 the Office of the Attorney General, South Carolina Crime Victim 6 Services Division. The division is authorized to conduct an audit, 7 which must include both a programmatic review and financial 8 audit of any entity or nonprofit organization receiving victim 9 assistance funding, based on the referrals from the State Auditor or 10 complaints of a specific nature received by the division to ensure 11 that crime victim funds are expended in accordance with the law. 12 Guidelines for the expenditure of these funds shall be developed in 13 collaboration with the Victim Services Coordinating Council. The 14 Victim Services Coordinating Council, in collaboration with the 15 director of the division, shall develop these guidelines to ensure 16 any expenditure that meets the parameters of Article 15, Chapter 3, 17 Title 16 is an allowable expenditure. 18 (B) Any local entity or nonprofit organization that receives 19 funding from revenue generated from crime victim funds is 20 required to submit their budget for the expenditure of these funds 21 to the Office of the Attorney General, South Carolina Crime 22 Victim Services Division within thirty days of the budget’s 23 approval by the governing body of the entity or nonprofit 24 organization. Failure to comply with this provision shall cause the 25 division to initiate a programmatic review and a financial audit of 26 the entity’s or nonprofit organization’s expenditures of victim 27 assistance funds. Additionally, the division will place the name of 28 the noncompliant entity or nonprofit organization on its website, 29 where it shall remain until such time as the noncompliant entity or 30 nonprofit organization is in compliance with the terms of this 31 section. 32 (C) Any entity or nonprofit organization receiving victim 33 assistance funding must cooperate and provide expenditure and 34 program data requested by the division. If the division finds an 35 error, the entity or nonprofit organization has ninety days to rectify 36 the error. An error constitutes an entity or nonprofit organization 37 spending victim assistance funding on unauthorized items as 38 determined by the division. If the entity or nonprofit organization 39 fails to cooperate with the programmatic review and financial audit 40 or to rectify the error within ninety days, the division shall assess 41 and collect a penalty in the amount of the unauthorized 42 expenditure plus fifteen hundred dollars against the entity or 43 nonprofit organization for improper expenditures. This penalty

[289] 48 1 plus fifteen hundred dollars must be paid within thirty days of the 2 notification by the division to the entity or nonprofit organization 3 that the entity or nonprofit organization is in noncompliance with 4 the provisions of this section. All penalties received by the division 5 shall be credited to the General Fund of the State. If the penalty is 6 not received by the division within thirty days of the notification, 7 the political subdivision will deduct the amount of the penalty 8 form the entity or nonprofit organization’s subsequent fiscal year 9 appropriation.” 10 11 C.Chapter 1, Title 14 of the 1976 Code is amended by adding: 12 13 “Section 141211.7. The Department of Corrections shall transfer 14 twenty thousand, five hundred dollars each month to the Office of 15 the Attorney General, South Carolina Crime Victim Services 16 Division, Department of Crime Victim Assistance Grants, State 17 Victim Assistance Program for distribution as provided by law.” 18 19 PART V 20 21 References to Restructured Entities 22 23 SECTION 13. Any reference in the 1976 Code to the South 24 Carolina Victims’ Compensation Fund, or any other variation 25 thereof, shall mean the South Carolina Victim Compensation Fund 26 administered by the Office of the Attorney General, South 27 Carolina Crime Victim Services Division, Department of Crime 28 Victim Compensation, Victim Compensation Fund. 29 Any reference in the 1976 Code to the State Office of Victim 30 Assistance, or any variation thereof, shall mean the Office of the 31 Attorney General, South Carolina Crime Victim Services Division. 32 Any reference in the 1976 Code to the Office of the Crime 33 Victims’ Ombudsman of the Governor’s Office, or any variation 34 thereof, shall mean the Office of the Attorney General, South 35 Carolina Crime Victim Services Division, Department of Crime 36 Victim Ombudsman. 37 38 PART VI 39 40 Savings and Severability 41 42 SECTION 14. The repeal or amendment by this act of any law, 43 whether temporary, permanent, civil, or criminal, does not affect

[289] 49 1 pending actions, rights, duties, or liabilities founded thereon, or 2 alter, discharge, release, or extinguish any penalty, forfeiture, or 3 liability incurred under the repealed or amended law, unless the 4 repealed or amended provision shall so expressly provide. After 5 the effective date of this act, all laws repealed or amended by this 6 act must be taken and treated as remaining in full force and effect 7 for the purpose of sustaining any pending or vested right, civil 8 action, special proceeding, criminal prosecution, or appeal existing 9 as of the effective date of this act, and for the enforcement of 10 rights, duties, penalties, forfeitures, and liabilities as they stood 11 under the repealed or amended laws. 12 13 SECTION 15. If any section, subsection, paragraph, 14 subparagraph, sentence, clause, phrase, or word of this act is for 15 any reason held to be unconstitutional or invalid, such holding 16 shall not affect the constitutionality or validity of the remaining 17 portions of this act, the General Assembly hereby declaring that it 18 would have passed this act and each and every section, subsection, 19 paragraph, subparagraph, sentence, clause, phrase, and word 20 thereof, irrespective of the fact that any one or more other sections, 21 subsections, paragraphs, subparagraphs, sentences, clauses, 22 phrases, or words hereof may be declared to be unconstitutional, 23 invalid, or otherwise ineffective. 24 25 PART VII 26 27 Time Effective 28 29 SECTION 16. This act takes effect on July 1, 2017. 30 XX 31

[289] 50

Load more

  50

Copy Link