Current Status Introducing Body:
SenateBill Number: 1450Ratification Number: 545Act Number: 453Primary Sponsor: HollandType of Legislation: GBSubject: Pretrial intervention programsCompanion Bill Number: 4713Date Bill Passed both Bodies: Jun 02, 1992Computer Document Number: CYY/19037.SDGovernor's Action: SDate of Governor's Action: Jun 30, 1992Introduced Date: Apr 06, 1992Date of Last Amendment: May 27, 1992Last History Body: ------Last History Date: Jun 30, 1992Last History Type: Act No. 453Scope of Legislation: StatewideAll Sponsors: HollandType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 1450 ------ Jun 30, 1992 Act No. 453 1450 ------ Jun 30, 1992 Signed by Governor 1450 ------ Jun 04, 1992 Ratified R 545 1450 Senate Jun 02, 1992 Concurred in House amendment, enrolled for ratification 1450 House May 28, 1992 Read third time, returned to Senate with amendment 1450 House May 27, 1992 Amended, read second time 1450 House May 27, 1992 Reconsidered vote whereby debate was adjourned 1450 House May 27, 1992 Debate adjourned 1450 House May 14, 1992 Committee Report: Favorable 25 with amendment 1450 House Apr 30, 1992 Introduced, read first time, 25 referred to Committee 1450 Senate Apr 29, 1992 Amended, read third time, sent to House 1450 Senate Apr 28, 1992 Amended, read second time, ordered to third reading with notice of general amendments 1450 Senate Apr 15, 1992 Committee Report: Favorable 11 1450 Senate Apr 06, 1992 Introduced, read first time, 11 referred to CommitteeView additional legislative information at the LPITS web site.
(A453, R545, S1450)
AN ACT TO AMEND SECTION 17-22-30, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PRETRIAL INTERVENTION PROGRAMS ESTABLISHED BY THE CIRCUIT SOLICITORS, SO AS TO PROVIDE THAT THE SOUTH CAROLINA COMMISSION ON PROSECUTION COORDINATION SHALL OVERSEE ADMINISTRATIVE PROCEDURES FOR THESE PROGRAMS; TO AMEND SECTION 17-22-40, RELATING TO THE OFFICE OF PRETRIAL INTERVENTION COORDINATOR, SO AS TO TRANSFER THIS OFFICE FROM THE ATTORNEY GENERAL'S OFFICE TO THE COMMISSION ON PROSECUTION COORDINATION AND TO PROVIDE THAT THE COORDINATOR MUST BE EMPLOYED BY THE COMMISSION ON PROSECUTION COORDINATION; TO AMEND SECTION 17-22-50, RELATING TO PERSONS NOT ELIGIBLE FOR PRETRIAL INTERVENTION, SO AS TO FURTHER PROVIDE FOR THOSE OFFENSES WHICH MAKE PERSONS INELIGIBLE FOR PRETRIAL INTERVENTION AND FOR A DETERMINATION THAT THE PROVISIONS OF THIS SECTION DO NOT APPLY; TO AMEND SECTION 17-22-60, RELATING TO CERTAIN STANDARDS AND CONDITIONS APPROPRIATE FOR PRETRIAL INTERVENTION, SO AS TO CLARIFY THAT INTERVENTION IS APPROPRIATE IF THE OFFENDER HAS NOT PREVIOUSLY BEEN ACCEPTED IN A PRETRIAL INTERVENTION PROGRAM; TO AMEND SECTIONS 17-22-70 AND 17-22-80, RELATING TO ADMISSION TO A PRETRIAL INTERVENTION PROGRAM, SO AS TO FURTHER PROVIDE FOR SUCH ADMISSION; TO AMEND SECTION 17-22-100, RELATING TO THE TIME FOR APPLICATION TO AN INTERVENTION PROGRAM, SO AS TO REVISE THIS TIME AND THE MANNER IN WHICH THIS TIME MAY BE WAIVED, AND TO PROVIDE FOR PRELIMINARY APPROVAL FOR PRETRIAL; TO AMEND SECTION 17-22-110, AS AMENDED, RELATING TO FEES FOR APPLICATION AND ACCEPTANCE, SO AS TO CHANGE THE TERM "ACCEPTANCE FEE" TO THE TERM "PARTICIPATION FEE" AND FURTHER PROVIDE FOR PERSONS WHO SHALL PAY PRETRIAL FEES; TO AMEND SECTION 17-22-120, RELATING TO ALCOHOL AND DRUG ABUSE SERVICES FOR OFFENDERS IN AN INTERVENTION PROGRAM, SO AS TO PROVIDE THAT NO SERVICES MAY BE DENIED DUE TO AN OFFENDER'S INABILITY TO PAY; TO AMEND SECTION 17-22-130, RELATING TO REPORTS AND IDENTIFICATION AS TO OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO FURTHER PROVIDE FOR THE RETENTION OF THESE RECORDS AND REPORTS AND FOR THOSE PERSONS AUTHORIZED TO RECEIVE CERTAIN INFORMATION IN REGARD TO INTERVENTION; TO AMEND SECTION 17-22-150, RELATING TO DISPOSITION OF CHARGES AGAINST OFFENDERS ACCEPTED FOR INTERVENTION, SO AS TO FURTHER PROVIDE FOR THOSE AGENCIES OR INDIVIDUALS REQUIRED TO DESTROY RECORDS RELATING TO THE OFFENSE; TO ADD SECTION 17-22-170, SO AS TO MAKE IT A MISDEMEANOR FOR ANY PERSON TO UNLAWFULLY RETAIN OR RELEASE INFORMATION ON AN OFFENDER'S PARTICIPATION IN A PRETRIAL INTERVENTION PROGRAM AND TO PROVIDE PENALTIES FOR VIOLATION; TO REPEAL SECTION 17-22-160 RELATING TO THE TIME WITHIN WHICH THE PRETRIAL INTERVENTION PROGRAMS WERE REQUIRED TO BE FIRST ESTABLISHED; AND TO AMEND SECTION 56-5-2940, RELATING TO PENALTIES FOR THE OFFENSE OF DRIVING A MOTOR VEHICLE UNDER THE INFLUENCE OF INTOXICATING LIQUOR, DRUGS, OR LIKE SUBSTANCES, SO AS TO PROVIDE THAT OUT-OF-STATE CONVICTIONS FOR THIS OFFENSE WITHIN TEN YEARS OF THE DATE OF THE LAST OFFENSE ALSO CONSTITUTE PRIOR OFFENSES WITHIN THE MEANING OF THIS SECTION.
Be it enacted by the General Assembly of the State of South Carolina:
Overseeing of administrative procedures
SECTION 1. Section 17-22-30 of the 1976 Code is amended by adding a new subsection (D) to read:
"(D) The South Carolina Commission on Prosecution Coordination shall oversee administrative procedures for the Circuit Solicitors' Pretrial Intervention Programs."
Transfer of office and employment of coordinator
SECTION 2. Section 17-22-40 of the 1976 Code is amended to read:
"Section 17-22-40. There is established the office of Pretrial Intervention Coordinator whose responsibility is to assist the solicitor in each judicial circuit in establishing and maintaining a pretrial intervention program. The office of Pretrial Intervention Coordinator must be within the South Carolina Commission on Prosecution Coordination. The coordinator and such staff as is necessary to assist in the implementation of the provisions of this chapter must be employed by the South Carolina Commission on Prosecution Coordination. The office of the coordinator must be funded by an appropriation to the Commission on Prosecution Coordination in the state general appropriation act."
Eligibility for pretrial revised
SECTION 3. Section 17-22-50 of the 1976 Code is amended to read:
"Section 17-22-50. A person may not be considered for intervention if he has previously been accepted into an intervention program nor may intervention be considered for those individuals charged with 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 fish, game, wildlife, or commercial fishery-related offense which is punishable by a fine or loss of points, or any crime of violence as defined in Section 16-1-60. However, this section does not apply if the solicitor determines the elements of the crime do not fit the charge."
No previous acceptance required for admission
SECTION 4. Section 17-22-60(A) of the 1976 Code is amended by adding a new item (8) to read:
"(8) The offender has not previously been accepted in a Pretrial Intervention Program."
SECTION 5. Section 17-22-70 of the 1976 Code is amended to read:
"Section 17-22-70. Prior to admittance of an offender into an intervention program, the solicitor or judge, if application is made pursuant to Section 17-22-100, 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 or judge's opinion, has bearing on the decision as to whether the offender should be admitted. Solicitor's 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."
SECTION 6. Section 17-22-80 of the 1976 Code is amended to read:
"Section 17-22-80. 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 or judge, if application is made pursuant to Section 17-22-100, shall consider the recommendations of the law enforcement agency and the victim, if any, in making a decision."
Application requirements and nomenclature
SECTION 7. Section 17-22-100 of the 1976 Code is amended to read:
"Section 17-22-100. An offender must make application to an intervention program or to the chief administrative judge of the court of general sessions no later than seventy-five days after service of the warrant or within ten days following appointment of counsel for the charge for which he makes the application. However, in the discretion of the solicitor or the chief administrative judge of the court of general sessions, if application is made directly to the judge, the provisions of this section may be waived. Applications received by the chief administrative judge of the court of general sessions under this section may be preliminarily approved by the judge pending a determination by the pretrial office that the offender is eligible to participate in a pretrial program pursuant to Sections 17-22-50 and 17-22-60. Applications received by the judge and information obtained pursuant to Section 17-22-70 must be forwarded to the pretrial office."
Payment of fees
SECTION 8. Section 17-22-110 of the 1976 Code, as last amended by Act 57 of 1987, is further amended to read:
"Section 17-22-110. An applicant to an intervention program or an offender who applies to the chief administrative judge of the court of general sessions for admission to a program pursuant to Section 17-22-100 shall pay a nonrefundable application fee of fifty dollars and, if accepted into the program, a nonrefundable participation fee of two hundred fifty dollars prior to admission. All fees paid must 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 three 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, except that no services may be denied due to inability to pay."
Inability to pay not a bar
SECTION 9. Section 17-22-120 of the 1976 Code is amended to read:
"Section 17-22-120. In any case in which an offender agrees to an intervention program, a specific agreement must 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 stating the period of time after which the prosecutor will either dismiss the charge or seek a conviction based upon that charge. The agreement must 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 shall provide services to alcohol and drug abusers if referred by pretrial intervention programs. However, no services may be denied due to an offender's inability to pay."
Retention and use of reports
SECTION 10. Section 17-22-130 of the 1976 Code is amended to read:
"Section 17-22-130. Notwithstanding the provisions of Section 17-1-40, in all cases where an offender is accepted for intervention a report must be made and retained on file in the solicitor's office, regardless of whether or not the offender successfully completes the intervention program. All reports must be retained on file in the solicitor's office for a period of two years after successful completion, two years after rejection, or two years after unsuccessful completion of the program. After the retention of these reports for two years, they may be destroyed. 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 may only be used by the division and the State Coordinator's Office in those cases where a circuit solicitor inquires as to whether a person has previously been accepted in an intervention program. However, that information may be confidentially released to the State Coordinator's Office to assist in compiling annual reports. The identification information on any defendant must not be under any circumstances released as public knowledge."
Retention of records
SECTION 11. Section 17-22-150(a) of the 1976 Code 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 the records pertaining to the charge may be retained by any municipal, county, or state entity or any individual, except as otherwise provided in Section 17-22-130. The effect of the order is to restore the person, in the contemplation of the law, to the status he occupied before the arrest. No person as to whom the order has been entered may 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 the arrest in response to any inquiry made of him for any purpose."
Unlawful retention or release of information
SECTION 12. The 1976 Code is amended by adding:
"Section 17-22-170. Any municipal, county, or state entity or any individual who unlawfully retains or releases information on an offender's participation in a Pretrial Intervention Program is guilty of a misdemeanor and, upon conviction, must be punished by a fine not exceeding two thousand dollars or by imprisonment not to exceed one year.
The provisions of this section do not apply to circuit solicitors or their staff in the performance of their official duties."
SECTION 13. Section 17-22-160 of the 1976 Code is repealed.
Out-of-state convictions count as prior offenses
SECTION 14. The fourth paragraph of Section 56-5-2940 of the 1976 Code is amended to read:
"For the purposes of this chapter any conviction, entry of a plea of guilty or of nolo contendere or forfeiture of bail, for the violation of any law or ordinance of this or any other state or any municipality of this or any other state that prohibits any person from operating a motor vehicle while under the influence of intoxicating liquor, drugs, or narcotics shall constitute a prior offense for the purpose of any prosecution for any subsequent violation hereof. Only those offenses which occurred within a period of ten years including and immediately preceding the date of the last offense shall constitute prior offenses within the meaning of this section."
SECTION 15. This act takes effect upon approval by the Governor.
Approved the 30th day of June, 1992.