Journal of the Senate
of the First Session of the 111th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 10, 1995

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(B) The board shall meet at least quarterly and more frequently upon the call of the division director to review and coordinate the activities of the local review boards and make recommendations to the General Assembly with regard to foster care policies, procedures, and deficiencies of public and private agencies which arrange for foster care of children as determined by the review of cases provided for in items (A) and (B) of Section 20-7-2376(A) and (B). These recommendations must be included in an annual report, filed with the General Assembly, of the activities of the state office and local review boards. The board, upon recommendation of the division director, shall promulgate regulations to carry out the provisions of this subarticle. These regulations shall provide for and must be limited to procedures for:

(1) reviewing reports and other necessary information at state, county, and private agencies and facilities;

(2) scheduling of reviews and notification of interested parties;

(3) conducting local review board and board of directors' meetings;

(4) disseminating local review board recommendations, including reporting to the appropriate Family Court family court judges the status of judicially approved treatment plans; and

(5) developing policies for summary review of children privately placed in privately-owned facilities or group homes.

(C) The Governor may employ a division director to serve at his pleasure who may be paid an annual salary to be determined by the Governor. The director may be removed pursuant to the provisions of Section 1-3-240. The director shall employ staff as is necessary to carry out the provisions of this subarticle, and the staff must be compensated in an amount and in a manner as may be determined by the Governor. The provisions of this subarticle may must not be construed to provide for subpoena authority."

SECTION 84. Section 20-7-2640(C) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(C) The Department of Health and Human Services or the Department of Social Services shall provide coverage and benefits for a child who is in another state and who is covered by an adoption assistance agreement made by the department Department of Social Services for the coverage or benefits, if any, not provided by the residence state. To this end, the adoptive parents acting for the child may submit evidence of payment for services or benefit amounts not payable in the residence state and must be reimbursed for them. However, there is no reimbursement for services or benefit amounts covered under insurance or other third party medical contract or arrangement held by the child or the adoptive

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parents. The department Department of Social Services shall promulgate regulations implementing this subsection. The additional coverages and benefit amounts provided pursuant to this subsection are for the costs of services for which there is no federal contribution, or which, if federally aided, are not provided by the residence state. The regulations must include, but are not limited to, procedures to be followed in obtaining prior approval for services in those instances where required for the assistance."

SECTION 85. Section 20-7-2880(c) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(c) The decision of the department is final unless appealed by a party to an administrative law judge pursuant to the Administrative Procedures Act."

SECTION 86. Section 20-7-2930 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 20-7-2930. Whenever the health or fire safety agency finds upon inspection that a child day care center or group day care home is not complying with the applicable regulations, the appropriate agency shall notify the department. The department shall then request the operator to correct such deficiencies.

a. Every correction notice shall be in writing and shall include a statement of the deficiencies found, the period within which the deficiencies must be corrected and the provision of the subarticle and regulations relied upon. The period shall be reasonable and, except when the appropriate agency finds an emergency dangerous to the health or safety of children, not less than thirty days from the receipt of such notices.

b. Within two weeks of receipt of such notice, the operator of the facility may file a written request with the department for administrative reconsideration of the notice or any portion thereof.

c. The department shall grant or deny a written request and shall notify the operator of action taken.

d. In the event that the operator of the facility fails to correct deficiencies within the period prescribed, the department may suspend the registration of the facility to be effective thirty days after date of notice. An appeal may be taken to an administrative law judge pursuant to the Administrative Procedures Act."

SECTION 87. Section 20-7-2940 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 20-7-2940. a. When the registration of a facility has been suspended, the operator must be given prompt written notice. The notice

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must indicate the reasons for the suspension and inform the operator of the right to appeal the decision through administrative channels to the department and according to established appeals procedure for the department.

b. Upon appeal, the decision of the department is final unless appealed by a party to an administrative law judge pursuant to the Administrative Procedures Act."

SECTION 88. Section 20-7-3230(A)(4) of the 1976 Code, as last amended by an Act of 1994 bearing Ratification No. 585, is further amended to read:

"(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed shall must be determined by the department after its consideration and review of American Correctional Association standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing these facilities upon each facility becoming operational. The department shall inform each county governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's ability to develop its own facility or to contract with other counties for the development of a regional facility, and of the availability of the department's facilities. This notice must be provided to each county for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with Sections 20-7-600 and 20-7-605. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be

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necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles in adult jails anywhere within the State of South Carolina. Upon completion of each facility and upon the determination by the Jail and Prison Inspection Division of the Department of Corrections that each facility is staffed in accordance with relevant standards and can be operated in accordance with these standards, the division shall determine and announce the rated capacity of each facility. A facility operated by the Department of Youth Services Juvenile Justice for the preadjudicatory detention of juveniles must be maintained and continued in operation for that purpose until approved for conversion or closure by the Budget and Control Board. However, a county which decides to maintain its own approved facilities or which has entered into a regional intergovernmental agreement, which has provided secure facilities for preadjudicatory juveniles, and which meets the standards set forth above, may continue to operate these facilities. County and regionally operated facilities are subject to inspection by the Jail and Prison Inspection Division of the Department of Corrections for compliance with the standards set forth above and those created pursuant to Section 24-9-20. The division has the same enforcement authority over county and regionally operated secure juvenile detention facilities as that which is provided in Section 24-9-30. A juvenile ordered detained in a facility must be screened within twenty-four hours by a social worker or, if considered appropriate, by a psychologist, in order to determine whether the juvenile is emotionally disturbed, mentally ill, or otherwise in need of services. The services must be provided immediately. In Department of Youth Services Juvenile Justice operated facilities, the department shall determine an amount of per diem for each child detained in a center, which must be paid by the committing county. The per diem paid by the county must be based on the average operating cost among all preadjudicatory state facilities. The Department of Youth Services Juvenile Justice must assume one-third of the per diem cost and the committing county must assume two-thirds of the cost. Per diem funds received by the department must be placed in a separate account by the department for operation of all preadjudicatory state facilities. Transportation of the juvenile to and from a facility is the responsibility of the local law enforcement agency which takes the juvenile
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into custody. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department."

SECTION 89. Section 20-7-5420(A) of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"(A) The State Council on Maternal, Infant, and Child Health shall consist of the following members:

(1) the Director Commissioner of the South Carolina Department of Health and Environmental Control; the State Superintendent of Education or his designee; the State Director of Social Services; the Director of the South Carolina Department of Alcohol and Other Drug Abuse Services; the State Director of Mental Health; the State Director of the Department of Disabilities and Special Needs; the Director of the Department of Health and Human Services; and the Commissioner of the South Carolina Commission for the Blind; and the Chairman of the Statewide Health Coordinating Council; and

(2) a member of the Health Care Planning and Oversight Committee, to be appointed by the chairman; and a member of the Joint Legislative Committee on Children and Families, to be appointed by the chairman.

The Governor shall appoint one representative of each of the following organizations as a member of the council: South Carolina Medical Association; South Carolina Chapter of the American Academy of Pediatrics; South Carolina Chapter of the American College of Obstetrics and Gynecology; South Carolina Chapter of the Academy of Family Practice; South Carolina Hospital Association; Medical University of South Carolina; University of South Carolina School of Medicine; Clemson University Extension Service; South Carolina Congress of Parents and Teachers; Developmental Disabilities Council; South Carolina March of Dimes; South Carolina Nurses Association; and South Carolina Perinatal Association.

The Governor shall appoint one member from each of the six congressional districts of the State who represents business, civic, community, and religious groups.

The Governor may appoint other ex officio members to the council as are needed to provide information to assist in the work of the council."

SECTION 90. Section 20-7-5910(A) of the 1976 Code, as last amended by Act 502 of 1994, is further amended to read:

"(A) There is created a multi-disciplinary State Child Fatality Advisory Committee composed of:

(1) the Commissioner Director of the South Carolina Department of Social Services;

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(2) the Commissioner of the South Carolina Department of Health and Environmental Control;

(3) the State Superintendent of Education;

(4) the Executive Director of the South Carolina Criminal Justice Academy Department of Public Safety;

(5) the Chief of the State Law Enforcement Division;

(6) the Commissioner Director of the South Carolina Commission on Department of Alcohol and Other Drug Abuse Services;

(7) the Commissioner Director of the State Department of Mental Health;

(8) the Commissioner Director of the State Department of Mental Retardation Disabilities and Special Needs;

(9) the Commissioner Director of the Department of Youth Services Juvenile Justice;

(10) an attorney with experience in prosecuting crimes against children;

(11) a county coroner or medical examiner;

(12) a pediatrician with experience in diagnosing and treating child abuse and neglect, appointed from recommendations submitted by the State Chapter of the American Academy of Pediatrics; and

(13) a solicitor.;

(14) a forensic pathologist; and

(15) two members of the public at large, one of which must represent a private nonprofit organization that advocates children services."

SECTION 91. Section 23-4-20 of the 1976 Code is amended to read:

"Section 23-4-20. As used in this chapter:

(A) `Committee' means the Governor's Committee on Criminal Justice, Crime and Delinquency.

(B) `Advisory Council' means the Juvenile Justice Advisory Council.

(C) `J.P.C.' means the Judicial Planning Committee.

(D) `Office' means the Division of Public Safety Programs, Office of the Governor Department of Public Safety, unless the context indicates otherwise.

(E) `Criminal justice system and agencies' shall encompass all state, local, and private nonprofit agencies and organizations involved in law enforcement including line police agencies, adult and juvenile corrections, adult and juvenile courts, prosecution and defense, as well as private eleemosynary organizations of professional or citizen membership involved in the system including organizations directly related to crime and delinquency prevention."

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SECTION 92. Section 23-4-110 of the 1976 Code, as last amended by Act 248 of 1991, is further amended to read:

"Section 23-4-110. There is created the Governor's Committee on Criminal Justice, Crime and Delinquency. The committee must be composed of persons named by the Governor from the State at large who are representative of agencies and organizations comprising the state's criminal justice system as defined by this chapter. In addition to the gubernatorially-appointed members, the following criminal justice agency heads officials are ex officio voting members:

(A) Commissioner Director, South Carolina Department of Corrections;

(B) Executive Director, South Carolina Department of Parole and Community Corrections Probation, Parole and Pardon Services;

(C) Chief, State Law Enforcement Division;

(D) State Attorney General;

(E) Commander, State Highway Patrol Director, Department of Public Safety;

(F) Commissioner Director, South Carolina Department of Youth Services Juvenile Justice;

(G) Director, South Carolina Office of Court Administration;

(H) Chief Justice, South Carolina Supreme Court;

(I) Director, South Carolina Commission on Department of Alcohol and Other Drug Abuse Services;

(J) Executive Director, South Carolina Criminal Justice Academy;

(K)(J) Chairman, Governor's Juvenile Justice Advisory Council.

The Governor shall appoint the at-large members who shall serve at his pleasure. The number of appointed at-large voting members on the committee shall may not exceed twenty-eight. The Governor shall appoint the chairman of the committee. The Director of the Division of Public Safety Programs Department of Public Safety shall designate a department employee to serve as the executive secretary of the committee. The executive secretary of the committee but may not vote. Support staff for the committee must be provided by the Division of Public Safety Programs Department of Public Safety."

SECTION 93. Section 23-4-520(B) of the 1976 Code is amended to read:

"(B) To analyze South Carolina's activities in the administration of criminal justice and the nature of the problems confronting it and to make recommendations and to develop comprehensive plans of action for the improvement of criminal justice for crime and delinquency control and related matters for consideration and implementation by the appropriate

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agencies of state and local government. In developing such these plans, the office shall draw upon the planning capabilities of other agencies such as the Judicial Department, the Department of Corrections, the Department of Youth Services Juvenile Justice, the Office of the Attorney General, and the State Law Enforcement Division;"

SECTION 94. Section 23-6-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 23-6-10. For the purposes of this title, the following words, phrases, and terms are defined as follows:

(1) `Department' means the Department of Public Safety.

(2) `Director' means the chief administrative officer of the Department of Public Safety.

(3) `Deputy director' means the administrative head of a division of the department."

SECTION 95A. Section 23-6-40(B) and (C) of the 1976 Code, as last amended by Act 181 of 1993, are further amended to read:

"(B) The director must administer the affairs of the department and must represent the department in its dealings with other state agencies, local governments, special purpose districts, and the federal government. The director must appoint a deputy director for each division and employ such other personnel for each division or office and prescribe their duties, powers, and functions as he considers necessary and as may be authorized by statute and for which funds have been authorized in the annual general appropriation act.

(C) The deputy director for each division shall serve at the pleasure of the director. Each deputy director may receive compensation as established under the provisions of Section 8-11-160 and for which funds have been authorized in the annual general appropriation act."

SECTION 95B. Chapter 6, Title 23 of the 1976 Code is amended by adding:

"ARTICLE 8

Section 23-6-350. The Governor may appoint and commission as special Department of Public Safety constables such persons as shall be recommended to him in writing by the director of the department. Such special department constables shall serve without compensation from the State or any of its political subdivisions. The director may only recommend former employees of the department, including any of its divisions or offices prior to July 1, 1993.

Section 23-6-360. The appointment of a special department constable under this chapter shall be for a term of four years. Any such constable

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may be summarily removed by the director upon his own initiative or at the request of the Governor or his duly authorized representative.

Section 23-6-370. All special department constables appointed under this chapter shall be required to take the oath prescribed by Section 26, Article III of the Constitution of 1895. Every such special department constable shall give and file in the office of the Secretary of State a surety bond in the penal sum of two thousand dollars conditioned upon the payment of any judgment recovered against him in any court of competent jurisdiction upon a claim or cause of action arising out of breach or abuse of official duty or power or other unlawful act committed under color of office.

Section 23-6-380. Each such special department constable shall possess all of the rights and powers prescribed by law for constables. In addition to any other duties, the director may request the assistance of department constables as circumstances warrant. No special department constable shall be appointed until he has successfully completed a course of training as prescribed by the director.

Section 23-6-390. The department shall not be responsible for the malfeasance, nonfeasance or misfeasance of any such special department constable nor for any of his unlawful acts performed under color of office, but such constable and his sureties shall be answerable therefor on his official bond."

SECTION 96. Section 23-9-10 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 23-9-10. The Office of the State Fire Marshal shall hereafter must be administered as a division of the Department of Labor, Licensing & Regulation. A director of the Department of Labor, Licensing, and Regulation must be appointed by the governor pursuant to the provisions of Section 40-83-15 40-73-15. The division shall consist consists of such agents and employees, pursuant to Section 40-73-15, as the director of the department may deem necessarily considers proper for the enforcement of state and local fire safety codes and standards. The director of the department shall employ a State Fire Marshal, pursuant to Section 40-73-15, to supervise enforcement of the laws and personnel necessary to carry out the duties of this chapter. The State Fire Marshal shall must have a Master's Degree from an accredited institution of higher learning and at least four years experience in fire prevention and control or a Bachelor's Degree and eight years experience in fire prevention and control."

SECTION 97. Section 23-11-110(C) of the 1976 Code, as last amended by Act 19 of 1993, is further amended to read:

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"(C) After December 31, 1988, every newly-elected sheriff in his first term is required to complete a training session to be determined by the South Carolina Criminal Justice Law Enforcement Training Council, to be conducted by the South Carolina Criminal Justice Academy or an academy certified by the South Carolina Law Enforcement Training Council or as may be selected by the South Carolina Sheriffs' Association. This training must be completed during the first calendar year of the first term of the newly-elected sheriff's term of office. A newly-elected sheriff who is unable to attend this training course when offered because of emergency or extenuating circumstances, within one year from the date the disability or cause terminates, shall complete the standard basic course of instruction required of newly-elected sheriffs. A newly-elected sheriff who does not fulfill the obligations of this subsection is subject to suspension by the Governor until the sheriff completes the course of instruction."

SECTION 98. Chapter 25 of Title 23, as last amended by Act 181 of 1993, is further amended to read:

"CHAPTER 25

Law Enforcement Officers Hall of Fame

Section 23-25-10. There is hereby established the South Carolina Law-Enforcement Law Enforcement Officers Hall of Fame as a memorial to law-enforcement law enforcement officers killed in the line of duty and in recognition of the selfless dedication of all law-enforcement law enforcement officers in the day-to-day performance of their duties. The Hall of Fame shall be located on the grounds of the South Carolina Law-Enforcement Academy at Columbia.

Section 23-25-20. (A) The South Carolina Hall of Fame shall hereafter be administered as a division of the Department of Public Safety.

(B) To plan, enact, and administer the Hall of Fame, there is hereby There is created the a Law Enforcement Officers Hall of Fame Advisory Committee. The committee shall consist of the following ex officio members:

(1) the Director of the Department of Public Safety, who shall serve as chairman;

(1)(2) the Chief of the South Carolina State Law Enforcement Division, who shall serve as chairman;

(2) the commanding officer of the Highway Patrol and the commanding officer of the State Police;

(3) the Director of the Department of Corrections;

(4) the Secretary of the South Carolina Sheriffs' Association;

(5) the Executive Director of the South Carolina Law Enforcement Officers Association;

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