Current Status Introducing Body:House Bill Number:3961 Primary Sponsor:Hayes Type of Legislation:GB Subject:Crime Victim's Ombudsman Residing Body:House Computer Document Number:DKA/3379.AL Introduced Date:Apr 30, 1991 Last History Body:House Last History Date:May 05, 1992 Last History Type:Objection by Representative Scope of Legislation:Statewide All Sponsors:Hayes Wofford Manly Type of Legislation:General Bill
Bill Body Date Action Description CMN
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3961 House May 05, 1992 Objection by Representative
3961 House Apr 29, 1992 Debate adjourned
3961 House Apr 29, 1992 Objection by Representative
3961 House Apr 15, 1992 Committee Report: Favorable 27
with amendment
3961 House Apr 30, 1991 Introduced, read first time, 27
referred to Committee
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COMMITTEE REPORT
April 15, 1992
H. 3961
S. Printed 4/15/92--H.
Read the first time April 30, 1991.
To whom was referred a Bill (H. 3961), to amend Title 16, Chapter 3, Code of Laws of South Carolina, 1976, by adding Article 16 so as to create the crime victim's ombudsman, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking /Ombudsman/ and /ombudsman/ wherever it appears in the bill and inserting /Advocate/ and /advocate/ respectively.
When amended the bill reads:
Section 16-3-1610. Definitions.
As used in this article:
(1) `Appropriate authority' means a person who is the subject of a complaint to the crime victim's advocate or a person within the agency who is in a supervisory position with regard to one who is the subject of a complaint.
(2) `Elements of the criminal and juvenile justice system' means circuit solicitors and members of their staff; law enforcement officers; probation, parole, and correction officers; the judiciary; the Department of Youth Services; state officials involved in the criminal justice system; and any state, county, or municipal victim advocacy personnel.
(3) `Victim assistance program' means an entity which provides, is required by law to provide, or claims to provide services and assistance to victims on an ongoing basis.
Section 16-3-1620. Office Created.
The office of Crime Victim's Advocate for South Carolina is created. The advocate is appointed by the director of the State Office of Victim Assistance (SOVA) with the advice of the South Carolina Advisory Board for Victim Assistance, and serves at the pleasure of the State Office of Victim Assistance director. The advocate is accountable directly to the director of the State Office of Victim Assistance. The State Office of Victim Assistance shall develop the procedures necessary to implement the provisions of this act.
Section 16-3-1630. Duties.
(A) The advocate shall investigate complaints concerning possible violations of the rights of crime victims or witnesses provided in the Victim's and Witness's Bill of Rights, the delivery of victims' services by victims assistance programs, and other complaints of mistreatment by elements of the criminal and juvenile justice system or victim assistance programs.
(B) The advocate shall act as a liaison between agencies, either in the criminal justice system or in victim assistance programs, and victims and witnesses.
(C) A toll free telephone number must be established to contact the advocate to answer questions concerning the criminal justice system and victims' services unless the information requested is restricted. The advocate shall establish a procedure for referral when services are requested by crime victims or considered by him to be necessary.
(D) Information and files received by the advocate are confidential during the course of an investigation or while the files are active and retain their confidential status upon completion of the investigation or when the files are placed on inactive status.
Section 16-3-1640. Powers.
The advocate has the power necessary to carry out the duties set forth in Section 16-3-1630, including:
(1) to investigate any action of the criminal justice system or a victim assistance program;
(2) to request and obtain access to information pertaining to a complaint. The advocate shall request and obtain access to police reports pertaining to juveniles and juvenile delinquency petitions. Any information received by the advocate retains its data classification while in the advocate's possession. Juvenile records obtained under this section may be released only in accordance with provisions of the Children's Code;
(3) to inform in writing the complainant, the investigated person or entity, and other appropriate authorities, including the Attorney General and the Chief Justice of the Supreme Court, of any action taken after completing an investigation. If the complaint involves the conduct of the criminal justice system in relation to a criminal or civil proceeding, the advocate's findings must be forwarded to the court in which the proceeding occurred.
Section 16-3-1650. No compelled testimony.
The advocate or any member of his staff may not be compelled to testify in a court with respect to matters involving the exercise of official duties except as may be necessary to enforce the provisions of this section.
Section 16-3-1660. Recommendations.
Upon finding that a complaint is valid after an investigation, the advocate shall recommend action to the appropriate authorities, which within a reasonable time period, shall inform the advocate about the action taken or the reason for not complying with the recommendation.
Section 16-3-1670. Compliances.
The State Office of Victim Assistance shall develop procedures for monitoring actions recommended in cases of noncompliance with the law. The agency shall provide technical assistance and training, if necessary, with the investigated agency to help assure future compliance. Refusal by the investigated agency to cooperate with the advocate shall result in a complaint by the advocate to the appropriate federal, state, or local authority with program or fiscal accountability for the services provided by the investigated agency. The federal, state, or local authority shall forward a report of action taken to an oversight committee established by the General Assembly with representation from the Governor annually to review summary information on compliance with the law. The State Office of Victim Assistance shall submit an annual report summarizing noncompliance issues and recommending solutions to the oversight committee."
SECTION 2. Analysis lines following each code section in this bill are for informational purposes only and are not part of the code itself.
SECTION 3. This act takes effect upon approval by the Governor./
Amend title to conform.
DAVE C. WALDROP, JR., for Committee.
1. Estimated Cost to State-First Year $-0-
2. Estimated Cost to State-Annually
Thereafter $-0-
H. 3961, if enacted, will amend Title 16, Chapter 3 of the 1976 Code by adding Article 16 to create the Crime Victim's Ombudsman for South Carolina under the State Workers' Compensation Fund and establish the duties and powers of the Ombudsman.
This Bill will not affect State Funds; however, Other funds will be impacted by $125,465:
Deputy Director 32,895
Field Representative 21,364
Administrative Asst. 20,545
Victims' Rights 31,000
Employer Contributions 19,661
Total 125,465
Prepared By: Approved By:
Cheryl H. Morris George N. Dorn, Jr.
State Budget Analyst State Budget Division
TO AMEND TITLE 16, CHAPTER 3, CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING ARTICLE 16 SO AS TO CREATE THE CRIME VICTIM'S OMBUDSMAN AND PROVIDE FOR POWERS AND DUTIES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Chapter 3, Title 16 of the 1976 Code is amended by adding:
Section 16-3-1610. Definitions.
As used in this article:
(1) `Appropriate authority' means a person who is the subject of a complaint to the crime victim's ombudsman or a person within the agency who is in a supervisory position with regard to one who is the subject of a complaint.
(2) `Elements of the criminal and juvenile justice system' means circuit solicitors and members of their staff; law enforcement officers; probation, parole, and correction officers; the judiciary; the Department of Youth Services; state officials involved in the criminal justice system; and any state, county, or municipal victim advocacy personnel.
(3) `Victim assistance program' means an entity which provides, is required by law to provide, or claims to provide services and assistance to victims on an ongoing basis.
Section 16-3-1620. Office Created.
The office of Crime Victim's Ombudsman for South Carolina is created. The ombudsman is appointed by the director of the State Office of Victim Assistance (SOVA) with the advice of the South Carolina Advisory Board for Victim Assistance, and serves at the pleasure of the State Office of Victim Assistance director. The ombudsman is accountable directly to the director of the State Office of Victim Assistance. The State Office of Victim Assistance shall develop the procedures necessary to implement the provisions of this act.
Section 16-3-1630. Duties.
(A) The ombudsman shall investigate complaints concerning possible violations of the rights of crime victims or witnesses provided in the Victim's and Witness's Bill of Rights, the delivery of victims' services by victims assistance programs, and other complaints of mistreatment by elements of the criminal and juvenile justice system or victim assistance programs.
(B) The ombudsman shall act as a liaison between agencies, either in the criminal justice system or in victim assistance programs, and victims and witnesses.
(C) A toll free telephone number must be established to contact the ombudsman to answer questions concerning the criminal justice system and victims' services unless the information requested is restricted. The ombudsman shall establish a procedure for referral when services are requested by crime victims or considered by him to be necessary.
(D) Information and files received by the ombudsman are confidential during the course of an investigation or while the files are active and retain their confidential status upon completion of the investigation or when the files are placed on inactive status.
Section 16-3-1640. Powers.
The ombudsman has the power necessary to carry out the duties set forth in Section 16-3-1630, including:
(1) to investigate any action of the criminal justice system or a victim assistance program;
(2) to request and obtain access to information pertaining to a complaint. The ombudsman shall request and obtain access to police reports pertaining to juveniles and juvenile delinquency petitions. Any information received by the ombudsman retains its data classification while in the ombudsman's possession. Juvenile records obtained under this section may be released only in accordance with provisions of the Children's Code;
(3) to inform in writing the complainant, the investigated person or entity, and other appropriate authorities, including the Attorney General and the Chief Justice of the Supreme Court, of any action taken after completing an investigation. If the complaint involves the conduct of the criminal justice system in relation to a criminal or civil proceeding, the ombudsman's findings must be forwarded to the court in which the proceeding occurred.
Section 16-3-1650. No compelled testimony.
The ombudsman or any member of his staff may not be compelled to testify in a court with respect to matters involving the exercise of official duties except as may be necessary to enforce the provisions of this section.
Section 16-3-1660. Recommendations.
Upon finding that a complaint is valid after an investigation, the ombudsman shall recommend action to the appropriate authorities, which within a reasonable time period, shall inform the ombudsman about the action taken or the reason for not complying with the recommendation.
Section 16-3-1670. Compliances.
The State Office of Victim Assistance shall develop procedures for monitoring actions recommended in cases of noncompliance with the law. The agency shall provide technical assistance and training, if necessary, with the investigated agency to help assure future compliance. Refusal by the investigated agency to cooperate with the ombudsman shall result in a complaint by the ombudsman to the appropriate federal, state, or local authority with program or fiscal accountability for the services provided by the investigated agency. The federal, state, or local authority shall forward a report of action taken to an oversight committee established by the General Assembly with representation from the Governor annually to review summary information on compliance with the law. The State Office of Victim Assistance shall submit an annual report summarizing noncompliance issues and recommending solutions to the oversight committee."
SECTION 2. Analysis lines following each code section in this bill are for informational purposes only and are not part of the code itself.
SECTION 3. This act takes effect upon approval by the Governor.