Law That Affects You

The following summarizes a new section of the law (§ 16-3-1506, et sqq.) that provides for the delineation of notification duties for law enforcement, courts, prosecutors, the Attorney General, jails, other departments of confinement, the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Juvenile Parole Board, and the Department of Juvenile Justice. This section is effective October 1, 1997.

• Responsibilities of Victims and Prosecution Witnesses:
• • Keep agencies apprised of legal name, address, and phone number.
  • In order to receive restitution, provide details of financial impact.
  • Notify appropriate authority of desire to be present for hearings.
  • If Victim Impact Statement is to be considered, submit it in timely manner.
  • Notify appropriate authority of desire to make oral statement.

• Upon Report of Crime, Law Enforcement has the Following Duties to Victims:
• • Provide a free copy of incident report.
  • Provide description of rights, services and procedures if victim or witness is harassed or threatened.
  • Assist with compensation and other social service applications.
  • Assist with creditors, employers, etc.
  • Inform of status and progress of case and investigation.

• Upon arrest or pick-up, the appropriate agency has the following duties to victims:
• • Notify of arrest or pick up of defendant.
  • Notify in advance of pretrial release proceedings.
  • Provide victim information to appropriate allied agencies.
  • Verify victim’s notification before proceeding with bail/bond/detention hearings.
  • Impose measures to protect victim as condition of defendant’s pretrial release.
  • Notify in advance of preliminary hearings.

• Upon release, transfer or escape, a department or agency having custody of a defendant must:
• • Notify the victim of any release, transfer, or escape.

• Upon referral of case to summary court for disposition, the summary court has the following duties to victims:
• • Notify of rights and practice and procedures of the Court.
  • Provide Victim Impact Statement form.
  • Notify in advance of all hearings.
  • Return personal property in a timely manner.
  • Recognize and protect the victim’s rights.

• Upon referral of offender to Department of Juvenile Justice, DJJ has the following duties to victims:
• • Inform and confer before taking action.
  • Inform of status and progress of case.

• Upon referral of case for disposition in General Sessions or Family Court, the appropriate agency (usually the prosecuting agency) has the following duties to victims:
• • Provide Victim Impact Statement form and assist in completing it.
  • Inform of practices and procedures.
  • Inform of right to legal counsel.
  • Return personal property in a timely manner.
  • Inform of compensation, fees and financial assistance, assist application.
  • Inform of status and progress of case.
  • Confer regarding decisions on handling and disposition.
  • Notify in advance of each hearing.
  • Assist with creditors, employers, etc.
  • Respond actively to threats and intimidation.
  • Minimize inconvenience, provide orientation.
  • Refer for appropriate services and assistance.

• Upon Circuit or Family Court hearings or proceedings, the appropriate agency (usually the prosecuting agency) has the following duties to victims:
• • Protection from employer retribution.
  • Immunity from witness sequestration.
  • Separate waiting areas for victims, prosecutions witnesses and defense parties.
  • Protect victims’ rights, verify advance notification.
  • Sensitive treatment for "special" witnesses (the elderly, very young, physically handicapped).
  • The court must address restitution as provided by statute.

• Upon disposition in Circuit or Family Court, the appropriate agency has the following duties to victims:
• • Provide witness fees and reimbursement of a victim’s out-of-pocket expenses.
  • Forward written Victim Impact Statements to appropriate agencies.
  • File Victim Impact Statement with indictment.
  • Inform of duty to keep agencies apprised of current contact information.
  • Inform victims regarding the collection of restitution, fees, and property.

• Upon appeal or post conviction action, the appropriate agency has the following duties to a victim:
• • Notify in advance of all hearings and proceedings affecting release.
  • Notify in advance of all appeal and post-conviction hearings.
  • Confer regarding appeal and post conviction hearings.
  • Inform of status and progress of appeal or post conviction process.

• Cause of action; Grounds for dismissal:
• • No cause of action against public agency or employee is created by the provisions of this article.
  • No sentence invalidated due to the failure to comply with the provisions of this article.
  • No cause of action to seek monetary damages is created by the provisions of this article.

Summary provided by the SC Senate Judiciary

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