South Carolina General Assembly
105th Session, 1983-1984

Bill 3499


                    Current Status

BillNumber:                3499
Ratification Number:       587
Act Number:                489
Introducing Body:          House
Subject:                   Relating to the compensation of victims of crime

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A489, R587, H3499)

AN ACT TO AMEND ARTICLE 13, CHAPTER 3, TITLE 16, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE COMPENSATION OF VICTIMS OF CRIME, THE SOUTH CAROLINA VICTIM'S COMPENSATION FUND, AND THE SOUTH CAROLINA CRIME VICTIM'S ADVISORY BOARD, SO AS TO PROVIDE THAT APPEALS FROM INITIAL DECISIONS UNDER THE ARTICLE SHALL BE MADE TO THE BOARD OR A PANEL OF THE BOARD RATHER THAN TO AN INDUSTRIAL COMMISSIONER, TO EXPAND THE MEMBERSHIP OF THE BOARD AND PROVIDE FOR THE TERMS AND QUALIFICATIONS OF THE ADDITIONAL MEMBERS, TO FURTHER PROVIDE FOR THE FUNCTIONS AND DUTIES OF THE BOARD, TO REVISE CERTAIN CRITERIA PERTAINING TO THE ELIGIBILITY FOR AND AMOUNT OF THE AWARDS TO VICTIMS OF CRIME, TO REVISE THE RESIDENCY REQUIREMENTS FOR PERSONS WHO QUALIFY FOR AN AWARD TO PROVIDE THAT LICENSED HEALTH CARE OR MEDICAL FACILITIES UNDER CERTAIN CONDITIONS ARE ELIGIBLE FOR AWARDS TO COVER THE COST OF MEDICOLEGAL EXAMS GIVEN TO PARTICULAR VICTIMS, TO FURTHER PROVIDE FOR THE FUNCTIONS OF THE DIRECTOR OF THE VICTIM'S COMPENSATION FUND IN REGARD TO VICTIM RESTITUTION PROGRAMS AND TO PROVIDE THAT RESTITUTION PAYMENTS TO THE FUND MAY BE MADE BY THE DEPARTMENT OF CORRECTIONS FROM THE WAGES ACCUMULATED BY OFFENDERS IN ITS CUSTODY, TO PROVIDE THAT THE INTEREST ACCRUING ON THE MONIES HELD IN THE VICTIM'S COMPENSATION FUND SHALL BE PLACED IN THE FUND, AND TO MAKE OTHER NECESSARY REVISIONS IN THE ARTICLE TO ACCOMPLISH THE ABOVE; AND TO AMEND CHAPTER 3, TITLE 16 OF THE 1976 CODE RELATING TO CRIMES AND OFFENSES BY ADDING ARTICLE 14 SO AS TO ESTABLISH A STATE VICTIM/WITNESS ASSISTANCE PROGRAM.

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

Compensation of victims of crime

SECTION 1. Article 13, Chapter 3, Title 16 of the 1976 Code, which was added by the provisions of Act 455 of 1982, is further amended to read:

"Article 13

Compensation of Victims of Crime

Section 16-3-1110. For the purpose of this article:

(1) 'Board' means the South Carolina Crime Victim's Advisory Board.

(2) 'Claimant' means any person filing a claim pursuant to this article.

(3) 'Fund' means the South Carolina Victim's Compensation Fund.

(4) 'Director' means the Director of the State Workers' Compensation Fund.

(5) 'Field Representative' means a field representative of the State Workers' Compensation Fund.

(6) 'Crime' means an act which constitutes a crime as defined by state, federal, or common law which results in physical injury or death to the victim. No act involving the operation of a motor vehicle, boat, or aircraft which results in injury or death shall constitute a crime for the purpose of this article unless the injury or death was recklessly or intentionally inflicted through the use of such vehicle, boat, or aircraft. Reckless use of a motor vehicle, boat, or aircraft includes but is not limited to violations of Sections 56-5-2910, 56-5-2920, 56-5-2930, and 56-5-1210. Such reckless use also includes the use of a motor vehicle, boat, or aircraft to flee the scene of a crime in which the driver of the motor vehicle, boat, or aircraft knowingly and willingly participated.

(7) 'Victim' means a person who suffers physical injury or death is a direct result of crime.

(8) 'Intervenor' means any person who goes to the aid of another and suffers physical injury or death as a direct result of acting, not recklessly, to prevent the commission of a crime, to lawfully apprehend a person reasonably suspected of having committed a crime, or to aid the victim of a crime, except that the term 'intervenor' does not include law enforcement officers performing their normal duties.

(9) 'Deputy Director' means the Deputy Director of the Victim's Compensation Fund.

(10) 'Panel' means a three-member panel of the Board designated by the Board Chairman to hear appeals.

Section 16-3-1120. The Director of the State Workers' Compensation Fund, as appointed by the Governor pursuant to Section 42-7-20, is also named Director of the Victim's Compensation Fund. The Director's annual salary is eighty-five percent of the salary paid to the Industrial Commissioners of the State. The Director is responsible for administering the provisions of this article. Included among the duties of the Director is the responsibility, with approval of the South Carolina Crime Victim's Advisory Board as established herein, for developing and administering a plan for informing the public of the availability of the benefits provided under this article and procedures for filing claims for the benefits.

The Director, upon approval by the South Carolina Crime Victim's Advisory Board, has the following additional powers and duties:

(1) To appoint a Deputy Director of the Victim's Compensation Fund, and staff necessary for the operation thereof, and to contract for services. The Director shall recommend the salary for the Deputy Director and other staff members, as allowed by statute or applicable law.

(2) To promulgate regulations to carry out the provisions and purposes of this article and Article 14 of this chapter.

(3) To request from the Attorney General, South Carolina Law Enforcement Division, solicitors, magistrates, judges, county and municipal police departments, and any other agency or department such assistance and data as will enable the Director to determine whether, and the extent to which, a claimant qualifies for awards. Any person, agency, or department listed above is authorized to provide the Director with the information requested upon receipt of a request from the Director. Any provision of law providing for confidentiality of juvenile records does not apply to a request of the Deputy Director, Director, the Board, or a panel of the Board pursuant to this section.

(4) To reinvestigate or reopen previously decided award cases as the Deputy Director considers necessary.

(5) To require the submission of medical records as are needed by the Board, a panel of the Board, or Deputy Director or his staff and, when necessary, to direct medical examination of the victim.

(6) To take or cause to be taken affidavits or depositions within or without the State. This power may be delegated to the Deputy Director or the Board or its panel.

(7) To render each year to the Governor and to the General Assembly a written report of the activities of the Victim's Compensation Fund pursuant to this article.

(8) To delegate the authority to the Deputy Director to reject incomplete claims for awards or assistance.

(9) To render awards to victims of crime or to those other persons entitled to receive awards in the manner authorized by this article. The power may be delegated to the Deputy Director.

(10) To apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime.

(11) To delegate to the Board or a panel of the Board on appeal matters any power of the Director or Deputy Director.

Section 16-3-1130. (1) A claim, once accepted for filing and completed, must be assigned to a field representative. The field representative shall examine the papers filed in support of the claim and cause an investigation to be conducted into the validity of the claim. The investigation shall include but not be limited to an examination of police, court, and official records and reports concerning the crime and an examination of medical and hospital reports relating to the injury upon which the claim is based. All claims arising from the death of an individual as a direct result of a crime must be considered together by a single field representative.

(2) Claims must be investigated and determined, regardless of whether the alleged criminal has been apprehended, prosecuted, or convicted of any crime based upon the same incident or whether the alleged criminal has been acquitted or found not guilty of the crime in question.

(3) The field representative conducting the investigation shall file with the Deputy Director a written report setting forth a recommendation and his reason therefor. The Deputy Director shall render a decision and furnish the claimant with a copy of the report.

Section 16-3-1140. (1) The claimant may, within thirty days after receipt of the report of the decision of the Deputy Director, make an application in writing to the Deputy Director for review of the decision.

(2) Upon receipt of an application for review pursuant to subsection (1) of this section, the Deputy Director shall forward all relevant documents and information to the Chairman of the Crime Victim's Advisory Board. The Chairman shall appoint a three-member panel of the Board which shall review the records and affirm or modify the decision of the Deputy Director; provided, that the Chairman may order, in his discretion, that any particular case must be heard by the full Board. If considered necessary by the Board or its panel or if requested by the claimant, the Board or its panel shall order a hearing prior to rendering a decision, At the hearing any relevant evidence, not legally privileged, is admissible. The Board or its panel shall render a decision within ninety days after completion of the investigation. The action of the Board or its panel is final and nonappealable. If the Deputy Director receives no application for review pursuant to subsection (1), his decision becomes the final decision of the Victim's Compensation Fund.

(3) The Board or its panel, for purposes of this article, may subpoena witnesses, administer or cause to be administered oaths, and examine such parts of the books and records of the parties to proceedings as relate to questions in dispute.

(4)The Deputy Director shall within ten days after receipt of the Board's or panel's final decision make a report to the claimant including a copy of the final decision and the reasons why the decision was made.

Section 16-3-1150. Notwithstanding the provisions of Section 16-3-1130, if it appears to the Deputy Director that the claim is one with respect to which an award probably will be made and undue hardship will result to the claimant, if immediate payment is not made, the Deputy Director may make one or more emergency awards to the claimant pending a final decision in the case, provided that (a) the amount of each emergency award shall not exceed five hundred dollars, (b) the total amount of such emergency awards shall not exceed fifteen hundred dollars, (c) the amount of such emergency awards must be deducted from any final award made to the claimant, and (d) the excess of the amount of any emergency award over the amount of the final award, or the full amount of any emergency award if no final award is made, must be repaid by the claimant to the Victim's Compensation Fund as created by this article.

Section 16-3-1160. There is created a board to be known as the South Carolina Crime Victim's Advisory Board to consist of eleven members to be appointed by the Governor with the advice and consent of the Senate. Of the original seven members, at least two of the members shall have been admitted to practice law in this State for not less than five years next preceding their appointment, one member shall be a physician licensed to practice medicine under the laws of this State, and one member shall have at least four years administrative experience in a court-related Victim's Assistance Fund, provided that such a qualified person is available. Of the four additional members, one must be a law enforcement officer with at least five years administrative experience, one shall have at least five years experience in directing sexual assault prevention or treatment services, one shall have at least five years experience in providing services for domestic violence victims, and one shall have been a victim of crime.

The term of office of each appointed member is five years and until his successor is appointed and qualified. Of those seven members first appointed, two shall serve for a term of one year, two for a term of two years, one for a term of three years, one for a term of four years, and one for a term of five years, with the initial terms to be designated by the Governor when making the initial appointments. The initial terms of four additional members to be appointed as provided herein are for two, three, four, and five years respectively, the initial term of each member to be designated by the Governor when making the appointment. The Governor shall select a chairman. The Board may elect a secretary and other officers as deemed necessary.

Any vacancy must be filled for the remainder of the unexpired term by appointment in the same manner of the initial appointments.

The Board shall meet at least twice each year and must be subject to the call of the Chairman, to consider improvements in and monitor the effectiveness of the Victim's Compensation Fund, and to review and comment on the budget and approve the regulations pertaining to the Victim's Compensation Fund of this article and the Victim/Witness Assistance Program of Article 14 of this chapter. The members of the Board shall receive the same subsistence, mileage, and per them as is provided by law for members of state boards, committees, and commissions, to be paid from the Victim's Compensation Fund as created by this article.

Section 16-3-1170. No award may be made unless the Board, its panel, or the Deputy Director finds that (a) a crime was committed, (b) the crime directly resulted in physical injury to or death of the victim or intervenor, and (c) police records show that the crime was promptly reported to the proper authorities. In no case may an award be made where the police records show that such report was made more than forty-eight hours after the occurrence of such crime unless the Deputy Director or the Board or its panel, for good cause shown, finds the delay to have been justified. The Board, its panel, or Deputy Director upon finding that any claimant or award recipient has not fully cooperated with all law enforcement agencies, may deny, reduce, or withdraw any award.

Section 16-3-1180. (1) (a) Any award made pursuant to this article may be in an amount not exceeding actual expenses including indebtedness reasonably incurred for medical services or other services necessary as a direct result of the injury upon which the claim is based. These services include but are not limited to mental health counseling which may be required by eligible individuals for up to ninety days which shall be provided by either a mental health professional who is certified or licensed in his discipline, or a qualified paraprofessional who has specific training in particular victimizations and who is recognized by the South Carolina Victim's Compensation Board.

(b) Any award made pursuant to this article may be for loss of earnings or support resulting from such injury; provided, the claimant has lost nonreimbursable earnings or support for at least two consecutive weeks. This amount is limited to the maximum allowable compensation rate as determined by the South Carolina Industrial Commission under Section 42-1-50. These provisions may be waived upon a determination by the Deputy Director, the Board, or its panel if the interests of justice so require.

An award for loss of earnings may also include reasonable expenses of job retraining services or similar employment-oriented rehabilitative services incurred as a direct result of the injury.

(2) In the event of death of a victim or intervenor, an award may be made for actual expenses reasonably incurred for burial, not to exceed two thousand dollars.

(3) If there are two or more family members as specified in Section 16-3-1210(c) who are entitled to an award as a result of the death of a person which is the direct result of a crime, the award must be apportioned by the Deputy Director, the Board, or its panel among the claimants.

(4) No award made under the provisions of this article shall exceed ten thousand dollars in the aggregate.

(5) Any award made pursuant to this article is subject to a deduction of one hundred dollars from any and all losses. This provision may be waived by the Deputy Director, the Board, or its panel upon a determination that the interests of justice so require. An award to a person sixty-five years of age or older is not subject to any deduction.

(6) The Deputy Director, the Board, or its panel may reject an application for an award when the claimant has failed to cooperate with the Deputy Director or his staff in the verification of the information contained in the application.

Section 16-3-1190. Any award made pursuant to this article may be reduced by or set off by the amount of any payments received or to be received as a result of the injury (a) from or on behalf of the person who committed the crime, (b) from any other private or public source, including an award of workers' compensation pursuant to the laws of this State or (c) as an emergency award pursuant to Section 16-3-1150; provided, that private sources shall not include contributions received from family members, or persons or private organizations making charitable donations to a victim.

Section 16-3-1200. In determining the amount of an award, the Deputy Director, the Board, or its panel shall determine whether because of his conduct the victim or intervenor of such crime contributed to the infliction of his injury, and the Deputy Director, the Board, or its panel may reduce the amount of the award or reject the claim altogether in accordance with such determination; provided, however, the Deputy Director, the Board, or its panel may disregard for this purpose the contribution of an intervenor for his own injury or death where the record shows that the contribution was attributable to efforts by the intervenor as set forth in subsection (8) of Section 16-3-1110.

Section 16-3-1210. (1) Except as provided in Section 16-3-1220, the following persons are eligible for awards pursuant to this article:

(a) a victim;

(b) an intervenor;

(c) a surviving spouse; or

(d) a parent or child who is legally dependent for his principal support upon a deceased victim or intervenor.

Victims and intervenors may be legal residents or nonresidents of this State. However, the crime must have been committed in this State in order to qualify for an award hereunder. No victim or intervenor whether a legal resident of this State or another state is entitled to file a claim in more than one state. A surviving spouse, parent, or child who is legally dependent for his principal support upon a deceased victim or intervenor is entitled to file a claim hereunder if the deceased victim or intervenor would have been so entitled regardless of the residence or nationality of the surviving spouse, parent, or child.

(2) A licensed health care or medical facility is eligible for an award to cover the specific cost for a routine medicolegal exam of an alleged victim of criminal sexual conduct in any degree or child sexual abuse provided the victim has filed an incident report with the police, provided the health care facility has performed the exam adhering to sexual assault exam protocol standards developed by the South Carolina Law Enforcement Division and the South Carolina Hospital Association, and provided that the crime occurred in South Carolina.

Section 16-3-1220. (1) A person listed in items (a), (b), or (c) of Section 16-3-1210 shall be ineligible for an award if he or she committed or aided in the commission of the crime upon which the claim was based or was engaged in any unlawful activity at the time of the crime.

(2) Unless the Deputy Director, the Board, or its panel shall determine in a particular case that the interests of justice require otherwise, a person listed in items (a), (b), or (c) of Section 16-3-1210 is ineligible for an award if he or she:

(a) is a surviving spouse, or parent, or child who is legally dependent upon a deceased victim or intervenor who committed an act set forth in subsection (1) of this section, or

(b) was residing at the time of the crime in the same household as the person who committed the crime.

Section 16-3-1230. (1) A claim may be filed by a person eligible to receive an award, as provided in Section 16-3-1210, or, if the person is an incompetent or a minor, by his parent or legal guardian or other individual authorized to administer his affairs.

(2) A claim must be filed by the claimant not later than one hundred eighty days after the occurrence of the crime upon which the claim is based or not later than one hundred eighty days after the death of the victim or intervenor. Upon good cause shown, the Deputy Director may extend the time for filing for a period not to exceed two years after such occurrence or death.

(3) Claims must be filed in the office of the Deputy Director by man or in person. The Deputy Director shall accept for filing all claims submitted by persons eligible under subsection (1) of this section and meeting the requirements as to the form of the claim contained in the regulations of the Board.

Section 16-3-1240. It is unlawful, except for purposes directly connected with the administration of the victim's compensation program, for any person to solicit, disclose, receive, or make use of or authorize, knowingly permit, participate in or acquiesce in the use of any list, or names of, or information concerning persons applying for or receiving awards hereunder without the written consent of the applicant or recipient. The records, papers, files, and communications of the Board, its panel and the Director and his staff must be regarded as confidential information and privileged and not subject to disclosure under the Freedom of Information Act as contained in Chapter 3 of Title 30.

Section 16-3-1250. Payment of an award pursuant to this article shall subrogate the State, to the extent of such payment to any right of action accruing to the claimant or to the victim or intervenor to recover losses resulting from the crime with respect to which the award is made.

Section 16-3-1260. (1) Any payment of benefits to, or on behalf of, a victim or intervenor or eligible family member under this article shall create a debt due and owing to the State by any person found in a court of competent jurisdiction of this State to have committed such criminal act.

(2) The circuit court, when placing on probation any person who owes a debt to the State as a consequence of a criminal act, may set as a condition of probation the payment of the debt or a portion of the debt to the State. The court may also set the schedule or amounts of payments subject to modification based on change of circumstances.

(3) The Department of Parole and Community Corrections shall also have the right to make payment of the debt or a portion of the debt to the State a condition of parole.

(4) When a juvenile is adjudicated delinquent in a family court proceeding involving a crime upon which a claim under this article can be made, the family court in its discretion may order that the juvenile pay the debt to the Victim's Compensation Fund, as created by this article as an adult would have to pay had an adult committed the crime. Any assessments so ordered may be made a condition of probation as provided in Section 20-7-1330.

(5) Payments authorized or required under this section must be paid to the Victim's Compensation Fund. The Director of the Victim's Compensation Fund shall coordinate the development of policies and procedures for the South Carolina Department of Corrections, the South Carolina Office of Court Administration and the South Carolina Board of Parole and Community Corrections to assure that victim restitution programs are administered in an effective manner to increase payments into the Compensation Fund.

(6) Restitution payments to the Victim's Compensation Fund may be made by the Department of Corrections from wages accumulated by offenders in its custody who are subject to this article, except that offenders wages shall not be used for this purpose if such monthly wages are at or below minimums required to purchase basic necessities.

Section 16-3-1270. If a person is unable at the time of sentencing or at any other time the court may set to pay a restitution charge imposed by the court pursuant to Sections 24-23-210 through 24-23-230, such restitution charge shall constitute a lien against the, offender and against any real or personal property of the offender. A restitution charge shall not constitute a lien if it is waived by the Director pursuant to Section 24-23-210. Such lien may be filed by the Attorney General in the respective offices of the clerks of court and registers of mesne conveyances of this State in the same manner state tax liens are filed and may be enforced and collected by the Attorney General in the same manner state tax liens are enforced and collected.

Section 16-3-1280. Any person who knowingly makes a false claim or a false statement in connection with any claim hereunder is guilty of a misdemeanor and upon conviction must be punishable by a fine of not less than five hundred dollars or by a term of imprisonment for not less than one year, or both, and shall further forfeit all money received hereunder, if any.

Section 16-3-1290. (1) There is hereby created a special fund to be known as the Victim's Compensation Fund for the purpose of providing for the payment of all necessary and proper expenses incurred by the operation of the Victim's Compensation Fund and the payment of claims. The State Treasurer is the custodian of the fund and all monies in the fund are held by the State Treasurer.

(2) The funds placed in the Victim's Compensation Fund shall consist of all money appropriated by the General Assembly, if any, for the purpose of compensating claimants under this article and money recovered on behalf of the State pursuant to this article by subrogation or other action, recovered by court order, received from the federal government, received from additional court costs, received from assessments or fines, or received from any other public or private source, pursuant to this article.

(3) All administrative costs of this article, except the Director's salary, must be paid out of money collected pursuant to this article which has been deposited in the Victim's Compensation Fund.

(4) Interest must be accrued on all monies held in the Victim's Compensation Fund. All accrued interest must be placed in the Fund.

Section 16-3-1300. Any award made under this article must be paid in accordance with the discretion and decision of the Deputy Director as to the manner of payment, subject to the regulations of the board and not inconsistent with the Board's or panel's award.

No award made pursuant to this article is subject to garnishment, execution, or attachment other than for expenses resulting from the injury which is the basis for the claim. In every case providing for an award to a claimant under this article, the Deputy Director, the Board or its panel may, if in its opinion the facts and circumstances of the case warrant it, convert the award to be paid into a partial or total lump sum, without discount.

Section 16-3-1310. No award of any kind must be made under this article to a victim or intervenor injured while confined in any federal, state, county, or municipal jail, prison, or other correctional facility.

Section 16-3-1320. An award made pursuant to this article shall not constitute a payment which is treated as ordinary income under either the provisions of Chapter 7 of Title 12 of the 1976 Code, or to the extent lawful, under the United States Internal Revenue Code.

Section 16-3-1330. Notwithstanding any other provision of this article, where an award under this article has been authorized but there are not sufficient funds in the Victim's Compensation Fund to pay or continue paying the award, then the award or the remaining portion thereof must not be paid unless and until sufficient funds become available from the fund and at such time awards which have not been paid must begin to be paid in chronological order with the oldest award- being paid first. In the event an award was to be paid in installments and some remaining installments have not been paid due to a lack of funds, then when funds due become available that award must be paid in full when its appropriate time for payment comes on the chronological list before any other post-dated award must be paid. Any award hereunder is specifically not a claim against the State if it cannot be paid due to a lack of funds in the Victim's Compensation Fund.

Section 16-3-1340. A claimant may be represented by an attorney in proceedings under this article. Fees for such attorney must be paid from the Victim's Compensation Fund, subject to the approval of the Director, except that in the event of an appeal pursuant to Section 16-3-1140, attorneys' fees are subject to the approval of the Board or its panel hearing the appeal. Attorneys for the South Carolina Workers' Compensation Fund shall represent the South Carolina Victim's Compensation Fund in proceedings under this article.

Any person who receives any fee or other consideration or any gratuity on account of services so rendered, unless such consideration or gratuity is approved by the Deputy Director, or who makes it a business to solicit employment for a lawyer or for himself in respect to any claim or award for compensation is guilty of a misdemeanor and, upon conviction must for each offense, be punished by a fine of not more than five hundred dollars or by imprisonment not to exceed one year, or by both such fine and imprisonment."

Victim/Witness Assistance Program

SECTION 2. Chapter 3, Title 16 of the 1976 Code is amended by adding:

"Article 14

Victim/Witness Assistance Program

Section 16-3-1400. For the purpose of this article:

(1) 'Victim' means a person who suffers direct or threatened physical, emotional, or financial harm as the result of the commission or attempted commission of a crime. 'Victim' also includes the immediate family of any victim who is a minor or who is incompetent or the immediate family of a homicide victim.

(2) 'Witness' means any person who has been or is expected to be summoned to testify for either the prosecution or the defense or who by reason of having relevant information is subject to call or likely to be called as a witness for the prosecution or defense, whether or not any action or proceeding has yet been commenced.

Section 16-3-1410. The Victim Compensation Fund is authorized to provide the following victim assistance services, contingent upon an appropriation of funds therefor by the General Assembly:

(A) Provide information, training, and technical assistance to state and local agencies and groups involved in victim/witness and domestic violence assistance, such as the Attorney General's Office, the solicitors' offices, law enforcement agencies, judges, hospital staff, rape crisis centers, and spouse abuse shelters.

(B) Provide recommendations to the Governor and General Assembly on needed legislation and services for victims.

(C) Serve as a clearinghouse of victim/witness information.

(D) Develop guidelines for the implementation of victim/witness assistance programs.

(E) Develop ongoing public awareness and programs to assist victims, such as newsletters, brochures, television and radio spots and programs, and news articles.

(F) Provide staff support for a state level advisory group representative of all agencies and groups involved in victim/witness and domestic violence services to improve coordination efforts.

(G) Coordinate the development and implementation of policy and guidelines for the treatment of victims/witnesses with appropriate agencies, with initial emphasis in the following three areas:

(1) The State Victim/Witness Program shall work with the solicitors of this State, the Attorney General's Office, and relevant professional organizations to develop guidelines for solicitors to follow in the handling of victims, to include but not be limited to:

(a) Periodically informing victims of the status of a case.

(b) Providing information to the court on the views of victims of violent crime on bail decisions, continuances, plea bargains, dismissals, sentencing, and restitution.

(c) Pursuing charges of defendants who harass, threaten, injure, or otherwise attempt to intimidate or retaliate against victims or witnesses.

(d) Utilizing a victim and witness on-call system.

(e) Developing procedures for the prompt return of victims' property.

(f) Considering the views of victims and witnesses concerning the use of case continuances.

(g) Informing the solicitors' offices about victim assistance units and their effectiveness.

(h) Informing victims of the availability of civil as well as criminal redress.

(2) The State Victim/Witness Program shall assist the Office Of Court Administration and South Carolina Sentencing Guidelines Commission in developing guidelines for all judges to follow in the handling of victims, to include but not be limited to:

(a) Scheduling of court proceedings and an on-call notification system.

(b) Separate waiting rooms for prosecution and defense witnesses.

(c) Special weight for victim's interests when considering requests for continuances.

(d) Special weight must be given to the victim's interest in speedy return of property before trial in ruling on the admissibility of photographs of that property.

(e) Child sexual assault/incest victims must be given practical legal support by allowing them videotape, legal transcript, or closed session testimony.

(3) The State Victim/Witness Program shall work with the appropriate law enforcement officers' associations and other relevant organizations to develop guidelines and model policies for law enforcement agencies to utilize in handling and working with victims of crime.

Section 16-3-1420. The Director of the State Victim/Witness Assistance Program is the Director of the South Carolina Victim's Compensation Fund.

Time effective

SECTION 3. This act shall take effect upon approval by the Governor.

Approved the 22nd day of June, 1984.