South Carolina General Assembly
116th Session, 2005-2006

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S. 15

STATUS INFORMATION

General Bill
Sponsors: Senators McConnell, Elliott, Ritchie, Fair, Ford, Leventis and Campsen
Document Path: l:\s-jud\bills\mcconnell\jud0006.gfm.doc

Introduced in the Senate on January 11, 2005
Introduced in the House on January 26, 2005
Currently residing in the House Committee on Judiciary

Summary: Victim notification

HISTORY OF LEGISLATIVE ACTIONS

     Date      Body   Action Description with journal page number
-------------------------------------------------------------------------------
   12/8/2004  Senate  Prefiled
   12/8/2004  Senate  Referred to Committee on Judiciary
   1/11/2005  Senate  Introduced and read first time SJ-87
   1/11/2005  Senate  Referred to Committee on Judiciary SJ-87
   1/19/2005  Senate  Committee report: Favorable Judiciary SJ-15
   1/25/2005  Senate  Read second time SJ-16
   1/26/2005  Senate  Read third time and sent to House SJ-30
   1/26/2005  House   Introduced and read first time HJ-87
   1/26/2005  House   Referred to Committee on Judiciary HJ-88

View the latest legislative information at the LPITS web site

VERSIONS OF THIS BILL

12/8/2004
1/19/2005

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

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

January 19, 2005

S. 15

Introduced by Senators McConnell, Elliott, Ritchie, Fair and Ford

S. Printed 1/19/05--S.

Read the first time January 11, 2005.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 15) to amend Section 16-3-1515, Code of Laws of South Carolina, 1976, relating to victim notification, so as to require the victim to provide his name, etc., respectfully

REPORT:

That they have duly and carefully considered the same and recommend that the same do pass:

JAMES H. RITCHIE, JR. for Committee.

            

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

A Cost to the General Fund (See Below)

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Department of Mental Health

The department anticipates a cost to the General Fund of the State with the passage of the proposed legislation. It is expected that the extra duties involved in notifying victims would create a full workload for at least two administrative coordinators. The minimum pay for an administrative coordinator is $26,378. Fringe benefits for one new administrative coordinator is estimated at $9,153. Total cost for two additional administrative coordinators is estimated at $71,062 (26,378 + 9,153 x 2). It is unlikely that there would be any significant increase in other operating expenses based on the work generated.

Department of Disabilities and Special Needs

The department anticipates no cost to the General Fund of the State with the passage of the proposed legislation.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 16-3-1515, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO VICTIM NOTIFICATION, SO AS TO REQUIRE THE VICTIM TO PROVIDE HIS NAME AND OTHER PERTINENT INFORMATION TO THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS FOR NOTIFICATION PURPOSES; TO AMEND SECTION 16-3-1525, RELATING TO VICTIM NOTIFICATION BY AN AGENCY WHO HAS PHYSICAL CUSTODY OF A PERPETRATOR, SO AS TO REQUIRE THAT A LAW ENFORCEMENT AGENCY MUST PROVIDE A VICTIM'S CONTACT INFORMATION TO A MENTAL HEALTH FACILITY HAVING CUSTODY OF THE PERPETRATOR; TO AMEND SECTION 16-3-1530, RELATING TO NOTIFICATION OF A VICTIM, SO AS TO PROVIDE THAT A VICTIM MUST BE NOTIFIED OF A TRANSFER OR ESCAPE OF A PERPETRATOR WHO WAS FOUND NOT GUILTY BY REASON OF INSANITY; TO AMEND SECTION 16-3-1555, RELATING TO A VICTIM'S RESPONSIBILITY TO PROVIDE SPECIFIC AGENCIES WITH THE VICTIM'S CONTACT INFORMATION, SO AS TO PROVIDE THAT THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS MUST NOTIFY A VICTIM OF ANY HEARINGS INVOLVING THE PERPETRATOR; TO AMEND SECTION 16-3-1560, RELATING TO NOTIFICATION TO A VICTIM ABOUT A POST-CONVICTION PROCEEDING, SO AS TO REQUIRE A VICTIM TO UPDATE HIS CURRENT CONTACT INFORMATION WITH THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF DISABILITIES AND SPECIAL NEEDS; TO AMEND SECTION 17-24-40, RELATING TO THE COMMITMENT OF PERSONS FOUND NOT GUILTY BY REASON OF INSANITY, SO AS TO PROVIDE NOTIFICATION TO THE VICTIM OF THE FACT THAT THE PERPETRATOR IS NO LONGER IN NEED OF HOSPITALIZATION; AND TO AMEND SECTION 17-24-80, RELATING TO THE RELEASE OF A PERSON FROM A MENTAL HEALTH FACILITY, SO AS TO INCLUDE NOTIFICATION OF THE RELEASE TO THE VICTIM.

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

SECTION    1.    Sections 16-3-1515(A) and (C) of the 1976 Code are amended to read:

"(A)    A victim or prosecution witness who wishes to exercise his rights under this article or receive services under this article, or both, must provide a law enforcement agency, a prosecuting agency, a summary court judge, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, the Department of Mental Health, or the Department of Disabilities and Special Needs, as appropriate, his legal name, current mailing address, and current telephone number upon which the agency must rely in the discharge of its duties under this article."

"(C)    A victim who wishes to be present for any plea, trial, or sentencing, or mental health hearing must notify the prosecuting agency or summary court judge of his desire to be present. This notification may be included in a written victim impact statement."

SECTION    2.    Section 16-3-1525(C) of the 1976 Code is amended to read:

"(C)    A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must provide to the jail, prison, or detention or holding facility, including a mental health facility, having physical custody of the defendant, the name, mailing address, and telephone number of each victim. If the person is transferred to another facility, this information immediately must be transmitted to the receiving facility. The names, addresses, and telephone numbers of victims and witnesses contained in the files of a jail, prison, or detention or holding facility are confidential and must not be disclosed directly or indirectly, except as necessary to provide notifications notification."

SECTION    3.    Section 16-3-1530 of the 1976 Code is amended to read:

"Section 16-3-1530.    Notwithstanding any other provision of law, except the provisions contained in Section 16-3-1525(D) relating to juvenile detention:

(1)    a department or agency having custody or custodial supervision of a person accused, convicted, found not guilty by reason of insanity, or adjudicated guilty of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of the release of the person person's release;

(2)    a department or agency having custody or custodial supervision of a person accused, convicted, found not guilty by reason of insanity, or adjudicated guilty of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of an escape by the person person's escape;

(3)    a department or agency having custody of a person accused, convicted, found not guilty by reason of insanity, or adjudicated guilty of committing an offense involving one or more victims must inform each victim, upon request, of any transfer of the person person's transfer to a less secure facility;

(4)    a department or agency having custody or custodial supervision of a person convicted, found not guilty by reason of insanity, or adjudicated guilty of committing an offense involving one or more victims must reasonably attempt to notify each victim and prosecution witness, upon request, of an escape by the person person's escape."

SECTION    4.    Section 16-3-1555(D) of the 1976 Code is amended to read:

"(D)    The prosecuting agency must inform the victim and the prosecution witnesses of their responsibility to provide the prosecuting agency, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, the Department of Juvenile Justice, or the Attorney General, the Department of Mental Health, or the Department of Disabilities and Special Needs, as appropriate, their legal names, current addresses, and telephone numbers."

SECTION    5.    Sections 16-3-1560(A), (B), and (C) of the 1976 Code are amended to read:

"(A)    The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, the Department of Mental Health, or the Department of Disabilities and Special Needs, as appropriate, reasonably must attempt to notify each victim, who has indicated a desire to be notified, of post-conviction proceedings affecting the probation, parole, or release of the offender, including proceedings brought under Chapter 48 of Title 44, and of the victim's right to attend and comment at these proceedings. This notification must be made sufficiently in advance to allow the victim to exercise his rights as they pertain to post-conviction proceedings.

(B)    The Attorney General, upon receiving notice of appeal or other post-conviction action by an offender convicted of or adjudicated guilty for committing an offense involving one or more victims, must request from the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, the Department of Mental Health, or the Department of Disabilities and Special Needs, as appropriate, the victim's personal information.

(C)    The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, the Department of Mental Health, or the Department of Disabilities and Special Needs, upon receipt of request for the victim's personal information from the Attorney General in an appeal or post-conviction proceeding, must supply the requested information within a reasonable period of time."

SECTION    6.    Sections 17-24-40(C)(2) and (F) of the 1976 Code are amended to read:

"(C)(2)(a)    If the chief administrative judge finds the person not to be in need of hospitalization, the judge may must order the person released upon such terms or conditions, if any, as the judge considers appropriate for the safety of the community, the victim, and the well-being of the person.

(b)    In the event the chief administrative judge finds the person to be in need of hospitalization, the judge must order the person committed to the South Carolina State Hospital.

(c)    If at a later date it is determined by officials of the State Hospital determine that the person is no longer in need of hospitalization, the officials must notify the chief administrative judge, the solicitor, the person, and the person's attorney, and the victim. Within twenty-one days after the receipt of this notice, the chief administrative judge, upon notice to all parties, including the victim, must hold a hearing to determine whether the person is in need of continued hospitalization pursuant to the standard of Section 44-17-580. The victim has the right to attend and comment at the hearing. If the finding of the court is finds that the person is in need of continued hospitalization, the court must order his the person's continued confinement. If the court's finding is court finds that the person is not in need of continued hospitalization, it may must order the person released upon such terms and conditions, if any, as the chief administrative judge considers appropriate for the safety of the community, the victim, and the well-being of the person."

"(F)    If a person is committed to the supervision of the Department of Mental Health pursuant to this section after having been found not guilty by reason of insanity of a violent crime, the person may shall not leave the facility or grounds to which he is committed at any time unless accompanied by an employee of the department who must be responsible for and remain in the physical presence of the person at all times. For purposes of this section, a 'violent crime' includes those offenses described enumerated in Section 16-1-60 and the common law offense of assault and battery of a high and aggravated nature."

SECTION    7.    Section 17-24-80 of the 1976 Code is amended to read:

"Section 17-24-80.    (A)    Should If a defendant be is released pursuant to Sections 17-24-40(C)(2)(a), 17-24-40(C)(2)(c), or 17-24-70(B) herein, the solicitor shall must immediately notify the local probation office, and it shall is then be the responsibility of the probation office to monitor compliance by the defendant of the terms and conditions of his release.

(B)    The probation office shall must file reports quarterly or more often, if necessary, of the defendant's compliance with the terms of his release with the circuit solicitor, the chief administrative judge of the circuit, the defendant's attorney, and the defendant.

(C)    In the event the defendant violates any of the terms of his release, notice of the violation shall must be immediately given by the probation office to the chief administrative judge of the circuit, the circuit solicitor, the defendant's attorney, and the defendant. Upon the receipt of the notice, the chief administrative judge, upon notice to all parties, including the victim, may order a hearing and order inpatient treatment if he finds the defendant in need of hospitalization pursuant to the standard of Section 44-17-580 of the 1976 Code, or order such other action as he may deem considers appropriate. The victim has the right to attend and comment at the hearing."

SECTION    8.    This act takes effect upon approval by the Governor.

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