Bill 3217

                    Current Status

Bill Number:               3217
Ratification Number:       404
Act Number                 360
Introducing Body:          House
Subject:                   To create a statewide pretrial
                           intervention program

(A360, R404, H3217)

AN ACT TO CREATE A STATEWIDE PRETRIAL INTERVENTION PROGRAM REQUIRING RESTITUTION BY THE OFFENDER AND PROVIDE FOR IMPLEMENTATION OF THE PROGRAM.

Be it enacted by the General Assembly of the State of South Carolina:

Findings

Section 1. The General Assembly finds that cost effective methods of allocating financial resources in the criminal justice system are necessary to the safety and welfare of the citizens of South Carolina.

It further finds the diversion of certain persons charged with non-violent crimes who have no prior significant criminal history relieves the State of a significant financial burden and assists the offender in achieving rehabilitation by allowing the offender to fund and participate in an intervention program under the direction of the circuit solicitor. It further finds that it shall be the policy of this State to require restitution to the victims of such crimes so as to mitigate the psychological and financial burden of such victims.

Citation of act

Section 2. This act may be cited as the "Pretrial Intervention Act".

Definitions

Section 3. When used in this act:

(1) The term "prosecutorial discretion" shall mean the power of the circuit solicitor to consider all circumstances of criminal proceedings and.to determine whether any legal action is to be taken and, if so taken, of what kind and degree and to what conclusion.

(2) The term "noncriminal disposition" shall mean the dismissal of a criminal charge without prejudice to the State to reinstate

criminal proceedings on motion of the solicitor.

Circuit Solicitors to establish programs

Section 4.: (A) Each-circuit solicitor shall have the prosecutorial discretion as defined herein and shall as a matter of such prosecutorial discretion establish a pretrial intervention program in the respective circuits.

(B) The circuit solicitors are specifically endowed with and shall retain all discretionary powers under the common law.

(C) A pretrial intervention program shall be under the direct supervision and control of the circuit solicitor; however, he may contract for services with any agency desired.

Pretrial Intervention Coordinator established

Section 5. There is hereby established the office of Pretrial Intervention Coordinator whose responsibility shall be to assist the solicitor in each judicial circuit in establishing a pretrial intervention program. The coordinator shall employ such temporary staff as is necessary to assist in the implementation of the provisions of this act. The office of the coordinator shall be funded by an appropriation to the Attorney General's office in the state general appropriations act for a period of no more than two years from the effective date of this act. The Pretrial Intervention Coordinator shall, at the end of his time in office, submit a report to the presiding officers of both Houses of the General Assembly. The report shall outline the development of the Pretrial Intervention Programs on a circuit by circuit basis and shall contain the coordinator's recommendations of any statutory chances which need to be made in the Pretrial Intervention Act.

Persons prohibited from entering program

Section 6. A person shall not be considered for intervention if he or she has previously been accepted into an intervention program nor shall intervention be considered for those individuals charged with burglary, arson, kidnapping, blackmail, any traffic related offense, or any crime of violence including, but not limited to murder, voluntary manslaughter, assault and battery with intent to kill, criminal sexual assault or armed robbery. Provided, however, this section shall not apply if the solicitor determines the elements of the crime do not fit the charge.

Offenders eligible for program

Section 7. (A) Intervention shall be appropriate only where:

(1) The offender is seventeen years of age or older;

(2) There is substantial likelihood that justice will be served if the offender is placed in an intervention program;

(3) It is determined that the needs of the offender and the State can better be met outside the traditional criminal justice process;

(4) It is apparent that the offender poses no threat to the community;

(5) It appears that the offender is unlikely to be involved in further criminal activity;

(6) The offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;

(7) The offender has no significant history of prior delinquency or criminal activity.

(B) When jurisdiction in a case involving a child sixteen years of age or older is acquired by the circuit court pursuant to Section 14-21-540 of the 1976 Code, the provision of item (1) of subsection (A) of this section shall not be applicable.

Information may be required by solicitor

Section 8. Prior to admittance of an offender into an intervention program, the solicitor may require the offender to furnish information concerning the offender's past criminal record, education and work record, family history, medical or psychiatric treatment or care received, psychological tests taken and other information which, in the solicitor's opinion, has bearing on the decision as to whether the offender should be admitted.

Recommendations of law enforcement agency and victim may be considered

Section 9. Prior to any person being admitted to a pretrial intervention program the victim, if any, of the crime for which the applicant is charged and the law enforcement agency employing the arresting officer shall be asked to comment in writing as to whether or not the applicant should be allowed to enter an intervention program. In each case involving admission to an intervention program, the solicitor shall consider the recommendations of the law enforcement agency and the victim, if any, in making a decision.

Requirement of offender who enters program

Section 10. An offender who enters an intervention program

(1) Waive, in writing and contingent upon his successful completion of the program, his or her right to a speedy trial;

(2) Agree, in writing, to the tolling while in the program of all periods of limitation established by statutes or rules of court;

(3) Agree, in writing, to the conditions of the intervention program established by the solicitor;

(4) In the event there is a victim of the crime, agree, in writing,to make restitution to the victim within a specified period of time and in an amount to be determined by the solicitor

Application to program

Section 11. An offender must make application to an intervention program no later than forty-five days after service of the warrant or within ten days following appointment of counsel for the charge for which he makes such application. Provided, however, in the discretion of the solicitor, the provisions of this section may be waived.

Fees

Section 12. An applicant to an intervention program shall pay a non-refundable application fee of fifty dollars and, if accepted into the program, a non-refundable acceptance fee of one hundred fifty dollars prior to admission. All fees paid shall be deposited into a special circuit solicitor's fund for operation of the pretrial intervention program. All fees or costs of supervision may be waived partially or totally by the solicitor in cases of indigency. The solicitor may also, if he determines necessary, in situations other than indigency allow scheduling of payments in lieu of lump sum payment. In no case shall the aggregate fees for application and participation in an intervention program exceed two hundred dollars.

Agreement between offender and solicitor

Section 13. In any case in which an offender agrees to an intervention program, a specific agreement shall be made between the solicitor and the offender. This agreement shall include the terms of the intervention program, the length of the program and a section therein stating the period of time after which the prosecutor will either dismiss the charge or seek a conviction based upon that charge. The agreement shall be signed by the offender and his or her counsel, if represented by counsel, and filed in the solicitor's office. The Commission on Alcohol and Drug Abuse shall provide training if requested on the recognition of alcohol and drug abuse to counselor employees of local pretrial intervention programs and the local agency authorized by Section 61-5-320 of the 1976 Code shall provide services to alcohol and drug abusers if referred by pretrial intervention programs.

Reports to be kept

Section 14. Notwithstanding the provisions of Section 17-1-40 of the 1976 Code, in all cases where an offender is accepted for intervention a written report shall be made and retained on file in the solicitor's office, regardless of whether or not the offender successfully completes the intervention program. The circuit solicitor shall furnish to the South Carolina Law Enforcement Division personal identification information on each person accepted for intervention. This information shall only be released by the Division in those cases where a circuit solicitor inquires as to whether a person has previously been accepted into an intervention program.

Offender to make restitution

Section 15. Prior to the completion of the pretrial intervention program the offender shall make restitution, as determined by the solicitor, to the victim, if any.

Disposition of charge against offender

Section 16. (A) In the event an offender successfully completes a pretrial intervention program, the solicitor shall effect a noncriminal disposition of the charge or charges pending against the offender.

(B) In the event the offender violates the conditions of the program agreement: (1) the solicitor may terminate the offender's participation in the program, (2) the waiver executed pursuant to Section 10 of this act shall be void on the date the offender is removed from the program for the violation and (3) the prosecution of pending criminal charges against the offender shall be resumed by the solicitor.

Time by programs shall be established

Section 17. All circuit solicitors shall have a pretrial intervention program in effect by July 1, 1981, and no criminal defendant shall have a right to apply to such program until such program has been established.

Time effective

Section 18. This act shall take effect upon approval by the Governor.