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SECTION 62. Section 16-3-1130(3) of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:

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

SECTION 63. Section 16-3-1140 of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:

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

(2) Upon receipt of an application for review pursuant to subsection (1) of this section, the Deputy Director director shall forward all relevant documents and information to the Chairman of the Crime Victim's Advisory Board. The Chairman chairman shall appoint a three-member panel of the Board board which shall review the records and affirm or modify the decision of the Deputy Director director; provided, that the Chairman chairman may order, in his discretion, that any particular case must be heard by the full Board board. If considered necessary by the Board board or its panel or if requested by the claimant, the Board 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 board or its panel shall render a decision within ninety days after completion of the investigation. The action of the Board board or its panel is final and nonappealable. If the Deputy Director 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 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 director shall within ten days after receipt of the Board's 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 one thousand 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 65. Section 16-3-1200 of the 1976 Code is amended to read:

"Section 16-3-1200. In determining the amount of an award, the Deputy Director 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 director, the Board 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 director, the Board 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 66. Section 16-3-1230(3) of the 1976 Code is amended to read:

"(3) Claims must be filed in the office of the Deputy Director director by mail or in person. The Deputy Director 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 board."

SECTION 67. Section 16-3-1260 of the 1976 Code is amended to read:

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

(3) The Department of Probation, Parole and Community Corrections shall Pardon Services also have has 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 Department of Probation, Parole and Community Corrections Pardon Services 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 must not be used for this purpose if such the monthly wages are at or below minimums required to purchase basic necessities."

SECTION 68. Section 16-3-1300 of the 1976 Code, as last amended by Act 489 of 1984, is further amended to read:

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

SECTION 69. Section 16-3-1340 of the 1976 Code, as last amended by Act 181 of 1989, is further amended to read:

"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 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 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 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."

SECTION 70. Section 16-3-1410 of the 1976 Code is amended to read:

"Section 16-3-1410. The Victim Victim's 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.

(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 a 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

SECTION 71. Section 16-3-1550 of the 1976 Code, as last amended by Act 579 of 1988, is further amended to read:

"Section 16-3-1550. (A) The provisions of this section govern the disposition of any offense within the jurisdiction of the General Sessions Court general sessions court, excluding any crime for which a sentence of death is sought, in any case which involves an identified victim whose whereabouts are known. At the option of the solicitor, the provisions of this section also may be extended into the family court in conjunction with the prosecution of juvenile offenders.

(B) It is the responsibility of the solicitor's Victim or/Witness Assistance Unit unit in each judicial circuit or a representative designated by the solicitor or law enforcement agency handling the case to advise all victims of their right to submit to the court, orally or in writing at the victim's option, a victim impact statement to be considered by the judge at the sentencing or disposition hearing in general sessions court and at a parole hearing. The solicitor's office or law enforcement agency shall provide a copy of the written form to any victim who wishes to make a written report. In those cases which the solicitor determines that there has been extensive or significant impact on the life of the victim, the Victim or/Witness Assistance Unit unit shall assist the victim in completing the form. The victim shall submit this statement to the solicitor's office within appropriate time limits set by the solicitor to be filed in the court records by the solicitor's office so it may be available to the defense for a reasonable period of time prior to sentencing. The court shall allow the defendant to have the opportunity to rebut the victim's written statement if the court decides to review any part of the statement before sentencing. If the defendant is incarcerated, the solicitor shall forward a copy of the impact statement and copies of all completed Victim/Witness Notification Requests to the Department of Corrections and to the Parole and Community Corrections Board Department of Probation, Parole and Pardon Services. In the case of juvenile offenders, if the solicitor so opts, a copy shall be forwarded to the appropriate office of the Department of Juvenile Justice if the disposition of the case involves any level of supervision by that agency. Solicitors shall begin using these victim impact statements no later than January 1, 1985.

(C) The Attorney General's Office Executive Director of the Commission on Prosecution Coordination, in coordination with the solicitors, shall develop a standard form forms for the victim impact statement. For this purpose, the Attorney General executive director may

(D) The victim impact statement shall:

(1) Identify the victim of the offense;

(2) Itemize any economic loss suffered by the victim as a result of the offense;

(3) Identify any physical and psychological injury suffered by the victim as a result of the offense, along with its seriousness and permanence;

(4) Describe any changes in the victim's personal welfare or familial relationships as a result of the offense;

(5) Identify any request for psychological services initiated by the victim or the victim's family as a result of the offense;

(6) Contain any other information related to the impact of the offense upon the victim; and

(7) The original of the statement must be included in the court file with one copy for the solicitor and one copy for the victim upon request.

(E)(F) No sentence may be invalidated because of failure to comply with the provisions of this section. This section must not be construed to create any cause of action for monetary damages."

SECTION 72. Section 17-17-100 of the 1976 Code is amended to read:

"Section 17-17-100. Any A judge before whom a petition for a writ of habeas corpus is made by any a person confined by the State Board Department of Corrections in any of its places of confinement who has been tried and convicted by a court of competent jurisdiction, shall upon issuance of the writ of habeas corpus, shall transfer the matter for hearing to any a judge of any a court of competent jurisdiction in the county where the person was convicted."

SECTION 73. Section 17-22-120 of the 1976 Code, as last amended by Act 499 of 1992, is further amended to read:

"Section 17-22-120. In any a 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 must 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 Department of Alcohol and Other Drug Abuse Services shall provide training if requested

SECTION 74. Section 17-25-80 of the 1976 Code is amended to read:

"Section 17-25-80. Notwithstanding the specific language of the sentence which confines an inmate to `hard labor' in the custody of the State Department of Corrections, the Commissioner thereof director may assign such the inmate to the type of labor he deems considers appropriate and necessary for the benefit of the department and the inmate concerned, and such the assignment shall fulfill the conditions of the sentence."

SECTION 75. Section 17-25-145 of the 1976 Code is amended to read:

"Section 17-25-145. The Department of Probation, Parole and Community Corrections Pardon Services must implement a community penalties program in each judicial circuit of the State. The department at its discretion may operate the program or contract with public or private agencies for necessary services. Agencies or individuals may contract to prepare individual community penalty program plans for offenders in a particular judicial circuit as prescribed by the department."

SECTION 76. Section 17-25-370 of the 1976 Code is amended to read:

"Section 17-25-370. In all criminal cases in which the sentence of death is imposed and which are appealed to the Supreme Court or in which notice of intention to appeal is given, when the judgment below has been affirmed or the appeal dismissed or abandoned, the clerk of the Supreme Court, when the remittitur is sent down or the appeal is dismissed or abandoned, shall notify the Commissioner director of the prison system or his duly appointed officer in charge of the State Penitentiary of the final disposition of such the appeal and, on the fourth Friday after the receipt of such the notice the sentence appealed from shall must be duly carried out as provided by law in such cases, unless stayed by order of the Supreme Court or respite or commutation of the Governor."

SECTION 77. Section 17-25-380 of the 1976 Code is amended to read:

"Section 17-25-380. Two copies of the notice shall must be served or sent by registered mail to the Commissioner director of the prison system or his duly appointed officer in charge of the State Penitentiary. The notice, when the sentence has been affirmed, shall must read substantially

When the appeal has been dismissed or abandoned the notice shall must be substantially the same as when the sentence has been affirmed except that the first sentence thereof of the notice shall read as follows: `This is to notify you that the appeal from the sentence of death imposed in the case of State vs. has been dismissed (or abandoned) and the notice has been sent down to the clerk of the court of general sessions of County.'"

SECTION 78. Section 17-25-400 of the 1976 Code is amended to read:

"Section 17-25-400. The Commissioner director of the prison system or his duly appointed officer shall immediately serve immediately one of the copies of the notice upon the defendant personally."

SECTION 79. Section 20-7-640(D) of the 1976 Code is amended to read:

"(D) The County Department of Social Services in each county is designated as the Child Protective Service Agency, whose duties are set forth in Section 20-7-650. The county in which the child resides shall be the legal place of venue; provided, that in conjunction with the powers enumerated in this section, each County Board of Social Services shall appoint an advisory board to be composed of resident professionals in the county in which the child resides in the fields of medicine, including nurses, education, health, social workers, members of the clergy and law enforcement officials, if available for the purpose of determining the course of protective action to be taken by the County Department of Social Services. These recommendations are to be deemed advisory only. These appointments to the advisory board shall be made in a nondiscriminatory manner."

SECTION 80. Section 20-7-690(C)(4) of the 1976 Code is amended to read:

"(4) any person engaged in a bona fide research purpose, with written permission of and with any limitations imposed by the Commissioner Director of the State Department of Social Services;"

"Section 20-7-2020. The officers and agencies of this State and its subdivisions having authority to place children are empowered to enter into agreements with appropriate officers or agencies of or in other party states pursuant to item (b) of subsection 5 of the Interstate Compact on the Placement of Children. Any agreement which contains a financial commitment or imposes a financial obligation of this State or subdivision or agency of it is not binding unless it has the approval in writing of the State Treasurer in the case of the State and of the Commissioner Director of the Department of Social Services in the case of a subdivision of the State, as their respective functions and duties may appear and be appropriate pursuant to this subarticle."

SECTION 82. The first paragraph of Section 20-7-2340 of the 1976 Code is amended to read:

"The department shall establish fees for certain adoption and related services. The fees must be charged on a scale related to income as established by the state board department, but the inability to pay a fee does not preclude the providing of any service."

SECTION 83. Section 20-7-2379 of the 1976 Code, as last amended by Section 11, Part II, Act 497 of 1994, is further amended to read:

"Section 20-7-2379. (A) There is created, as part of the Office of the Governor, the Division for Review of the Foster Care of Children. The division must be supported by a board consisting of seven members, all of whom must be past or present members of local review boards. There must be one member from each congressional district and one member from the State at large, all appointed by the Governor with the advice and consent of the Senate. Terms of office for the members of the board are for four years and until their successors are appointed and qualify. Of the initial appointments, the Governor shall designate two members to serve for one year, two for a term of two years, two for a term of three years, and one for a term of four years. Thereafter After the initial appointments, appointments must be made by the Governor in the manner as prescribed above in this section for terms of four years to expire on June thirtieth of the appropriate year. The board shall elect from its members a chairman who shall serve for two years. Four members of the board constitute a quorum for the transaction of business. Members of the board shall receive per diem, mileage, and subsistence as provided by law for members of boards, commissions, and committees while engaged in the work of the board.

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