Bill 3403

                    Current Status

Bill Number:               3403
Ratification Number:       523
Act Number                 421
Introducing Body:          House
Subject:                   To provide that any person charged with
                           any driving under the influence or any
                           traffic-related offense which is punishable
                           only by a fine or loss of points shall not be
                           considered for intervention

(A421, R523, H3403)

AN ACT TO AMEND ACT 360 OF 1980, RELATING TO THE STATEWIDE PRETRIAL INTERVENTION PROGRAM, SO AS TO PROVIDE THAT ANY PERSON CHARGED WITH ANY DRIVING UNDER THE INFLUENCE OR ANY TRAFFIC-RELATED OFFENSE WHICH IS PUNISHABLE ONLY BY A FINE OR LOSS OF POINTS SHALL NOT BE CONSIDERED FOR INTERVENTION; PROVIDE THAT INTERVENTION RECORDS KEPT BY THE SOLICITORS SHALL BE SUBJECT TO FEDERAL CONFIDENTIALITY REGULATIONS; PROVIDE THAT RECORDS RELATING TO PARTICIPATION IN OR INFORMATION OBTAINED IN CONNECTION WITH PRETRIAL INTERVENTION SHALL NOT BE ADMISSIBLE AS EVIDENCE IN SUBSEQUENT PROCEEDINGS; REQUIRE THE DEFENDANT TO PAY ANY CHARGES IN CONNECTION WITH HIS PARTICIPATION IN A SPECIAL PROGRAM; REQUIRE THE CIRCUIT SOLICITOR TO FURNISH THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION IDENTIFICATION INFORMATION ON EACH PERSON WHO APPLIES FOR INTERVENTION INSTEAD OF ON THOSE WHO ARE ACCEPTED FOR INTERVENTION AND TO PROVIDE FOR THE USE OF SUCH INFORMATION; TO AUTHORIZE AN OFFENDER TO APPLY TO THE COURT FOR AN ORDER TO DESTROY ALL OFFICIAL RECORDS RELATING TO HIS ARREST AND TO PROHIBIT SUCH OFFENDER FROM BEING GUILTY OF PERJURY OR GIVING A FALSE STATEMENT BY REASON OF HIS FAILURE TO RECITE OR ACKNOWLEDGE SUCH ARREST; AND TO DELETE A PROVISION REQUIRING THE PRETRIAL INTERVENTION COORDINATOR TO SUBMIT A REPORT TO THE PRESIDING OFFICERS OF BOTH HOUSES OF THE GENERAL ASSEMBLY.

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

Persons ineligible for intervention

Section 1. Section 6 of Act 360 of 1980 is amended to read:

"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, driving under the influence of intoxicating liquor or drugs, any traffic-related offense which is punishable only by fine or loss of points, 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."

Requirements of solicitor

Section 2. Section 8 of Act 360 of 1980 is amended to read:

"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. Solicitors' office records under this section shall adhere to and abide by Federal Confidentiality Regulation 42 CFR part 2 and any other applicable federal, state, or local regulations."

Records not admissible

Section 3. Section 10 of Act 360 of 1980 is amended by striking the period at the end of item (4) and inserting a semicolon and by adding at the end:

"(5) Agree in writing that any records relating to participation in pretrial intervention or information obtained through pretrial intervention is not admissible as evidence in subsequent proceedings, criminal or civil, and communication between pretrial intervention counselors and defendants shall remain as privileged communication unless a court of competent jurisdiction determines that there is a compelling public interest that such communication be revealed. In no case shall a written admission of guilt be required of a defendant prior to acceptance nor prior to completion of the pretrial intervention program."

Fee

Section 4. Section 12 of Act 360 of 1980 is amended to read:

"Section 12. An applicant to an intervention program shall pay a nonrefundable application fee of fifty dollars and, if accepted into the program, a nonrefundable 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 aggregate fees for application and participation in an intervention program exceed two hundred dollars. However, in cases where the solicitor determines that referral to another agency or program is needed to achieve rehabilitation for a problem directly related to the charge, the defendant may be required to pay his participation in that special program; provided, however, that no services will be denied due to inability to pay."

Personal identification information

Section 5. Section 14 of Act 360 of 1980 is amended to read:

"Section 14. Notwithstanding the provisions of Section 17-1-40, 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 who applies for intervention, is subsequently accepted or rejected and successfully or unsuccessfully completes the program. This information shall only be used by the Division in those cases where a circuit solicitor inquires as to whether a person has previously been accepted in an intervention program. Provided, however, that information may be confidentially released to the State Coordinator's Office to assist in compiling annual reports; provided, further, that identification information on any defendant shall not be under any circumstances released as public knowledge."

Noncriminal disposition of the charge

Section 6. Subsection (a) of Section 16 of Act 360 of 1980 is amended to read:

"(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. Upon such disposition, the offender may apply to the court for an order to destroy all official records relating to his arrest and no evidence of such records pertaining to such charge shall be retained by any municipal, county, or state agency, except as otherwise provided in Section 14 of this act. The effect of such order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest. No person as to whom such order has been entered shall be held thereafter under any provision of any law to be guilty of perjury or otherwise giving a false statement by reason of his failure to recite or acknowledge such arrest in response to any inquiry made of him for any purpose."

Office of pretrial intervention coordinator established

Section 7. Section 5 of Act 360 of 1980 is amended to read:

"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 and maintaining a pretrial intervention program. The coordinator shall employ such 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 appropriation act."

Time effective

Section 8. This act shall take effect upon the approval by the Governor.