S616, R201, A141

AN ACT TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 16-3-1350 SO AS TO PROVIDE FOR MEDICOLEGAL EXAMS RELATING TO CERTAIN ILLEGAL SEXUAL ACTIVITY; TO AMEND SECTION 16-3-1210, AS AMENDED, RELATING TO PERSONS ELIGIBLE TO RECEIVE AWARDS FROM THE VICTIM'S COMPENSATION FUND, SO AS TO DELETE THE PROVISIONS THAT ALLOW A LICENSED HEALTH CARE OR MEDICAL FACILITY TO RECEIVE AWARDS FROM THE FUND; TO AMEND ARTICLE 15, CHAPTER 3, TITLE 16, RELATING TO THE VICTIM'S AND WITNESS'S BILL OF RIGHTS, SO AS TO REVISE THE PROVISIONS OF THE ARTICLE; TO AMEND SECTION 14-1-206, AS AMENDED, RELATING TO CERTAIN GENERAL SESSIONS COURT ASSESSMENTS, SO AS TO REVISE THE AMOUNT OF THE ASSESSMENTS AND THE DISBURSEMENT OF THE ASSESSMENTS; TO AMEND SECTION 14-1-207, AS AMENDED, RELATING TO CERTAIN MAGISTRATE'S COURT ASSESSMENTS, SO AS TO REVISE THE AMOUNT OF THE ASSESSMENTS AND THE DISBURSEMENT OF THE ASSESSMENTS; TO AMEND SECTION 14-1-208, AS AMENDED, RELATING TO MUNICIPAL COURT ASSESSMENTS, SO AS TO REVISE THE AMOUNT OF THE ASSESSMENTS AND THE DISBURSEMENT OF THE ASSESSMENTS; TO AMEND THE 1976 CODE BY ADDING SECTION 14-1-211 SO AS TO PROVIDE CERTAIN SURCHARGES TO BE IMPOSED FOR CONVICTIONS OBTAINED IN GENERAL SESSIONS, MAGISTRATE'S, AND MUNICIPAL COURTS, AND TO PROVIDE FOR THE DISBURSEMENT OF THESE SURCHARGES; AND TO PROVIDE A SEVERABILITY CLAUSE.

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

Medicolegal examination

SECTION 1. The 1976 Code is amended by adding:

Section 16-3-1350. (A) The State must ensure that a victim of criminal sexual conduct

in any degree, criminal sexual conduct with a minor in any degree, or child sexual abuse must not bear the cost of his or her routine medicolegal exam following the assault if the

victim has filed an incident report with a law enforcement agency.

(B) These exams must be standardized relevant to medical treatment and to gathering evidence from the body of the victim and must be based on and meet minimum standards for rape exam protocol as developed by the South Carolina Law Enforcement Division, the South Carolina Hospital Association, and the Governor's Office Division of Victim Assistance with production costs to be paid from funds appropriated for the Victim's Compensation Fund. These exams must include treatment for venereal disease, and must include medication for pregnancy prevention if indicated and if desired. The South Carolina Law Enforcement Division must distribute these exam kits to any licensed health care facility providing sexual assault exams. When dealing with a victim of criminal sexual assault, the law enforcement agency immediately must transport the

victim to the nearest licensed health care facility which performs sexual assault exams. A

health care facility providing sexual assault exams must use the standardized protocol

described above.

(C) A licensed health care facility, upon completion of a routine sexual assault exam as

described in subsection (B) performed on a victim of criminal sexual conduct in any degree, criminal sexual conduct with a minor in any degree, or child sexual abuse, may file a claim for reimbursement directly to the South Carolina Crime Victim's Compensation Fund if the offense occurred in South Carolina. The South Carolina Crime Victim's Compensation Fund must develop procedures for health care facilities to follow when filing a claim with respect to the privacy of the victim. Health care facility personnel must obtain information necessary for the claim at the time of the exam, if possible. The South Carolina Crime Victim's Compensation Fund must reimburse eligible health care facilities directly.

(D) The Governor's Office Division of Victim Assistance must utilize existing funds

appropriated from the general fund for the purpose of compensating licensed health care

facilities for the cost of routine medical exams for sexual assault victims as described above. When the director determines that projected reimbursements in a fiscal year provided in this section exceed funds appropriated for payment of these reimbursements, he must direct the payment of the additional services from the Victim's Compensation Fund. For the purpose of this particular exam, the one hundred-dollar deductible is waived for award eligibility under the fund. The South Carolina Victim's Compensation Fund must develop appropriate guidelines and procedures and distribute them to law enforcement agencies and appropriate health care facilities.

Victim Benefits

SECTION 2. Section 16-3-1210 of the 1976 Code, as last amended by an act of 1997 bearing ratification no. 68, is further amended to read:

Section 16-3-1210. Except as provided in Section 16-3-1220, a victim, surviving spouse, or a parent or legally dependent child of a victim is entitled to file for benefits under this

article if either:

(a) the offense was committed in this State; or

(b) the victim was a resident of this State when the crime was committed in either another state or outside the United States if the crime is terrorism. In either case the award payable under this article must be reduced by the amount paid or payable under the laws of another state as a result of the criminal act giving rise to the claim; or

(c) the victim was a resident of this State when the offense was committed in another state. In any case, the award payable under this article must be reduced by the amount paid or payable under the laws of another state as a result of the criminal act giving rise to the claim. A surviving spouse, parent, or legally dependent child is not entitled to file for benefits under this section if that person is the subject of an investigation, has been charged with, convicted of, or pled guilty or nolo contendere to the offense in question, or acted on behalf of the suspect, juvenile offender, or defendant.

SECTION 3. Article 15, Chapter 3, Title 16 of the 1976 Code is amended to read:

Article 15

Victim and Witness Service

Section 16-3-1505. In recognition of the civic and moral duty of victims of and witnesses to a crime to cooperate fully and voluntarily with law enforcement and prosecution agencies, and in further recognition of the continuing importance of this citizen cooperation to state and local law enforcement efforts and to the general effectiveness and the well-being of the criminal and juvenile justice systems of this State, and to implement the rights guaranteed to victims in the Constitution of this State, the General Assembly declares its intent, in this article, to ensure that all victims of and witnesses to a crime are treated with dignity, respect, courtesy, and sensitivity; that the rights and services extended in this article to victims of and witnesses to a crime are honored and protected by law enforcement agencies, prosecutors, and judges in a manner no less vigorous than the protections afforded criminal defendants; and that the State has a responsibility to provide support to a network of services for victims of a crime, including victims of domestic violence and criminal sexual assault.

Section 16-3-1510. For the purpose of this article:

(1) `Victim' means a person who suffers direct or threatened physical, psychological, or

financial harm as the result of the commission or attempted commission of a criminal offense, as defined in this section. `Victim' also includes the person's spouse, parent, child, or the lawful representative of a victim who is:

(a) deceased;

(b) a minor;

(c) incompetent; or

(d) physically or psychologically incapacitated.

Victim' does not include a spouse, parent, child, or lawful representative who is the

subject of an investigation for, who is charged with, or who has been convicted of or pled guilty or nolo contendere to the offense in question. `Victim' also does not include a spouse, parent, child, or lawful representative who is acting on behalf of the suspect, juvenile offender, or defendant.

(2) `Person' means an individual.

(3) `Criminal offense' means an offense against the person or an offense against the property of the person when the value of the property destroyed or the cost of the damage is in excess of one thousand dollars, including both common law and statutory offenses. Criminal offense does not include the drawing or uttering of a fraudulent check.

(4) `Witness' means a person who has been or is expected to be summoned to testify for either the prosecution or the defense or who by reason of having relevant information is subject to be called or likely to be called as a witness for the prosecution or defense for criminal offenses defined in this section, whether or not any action or proceeding has been commenced.

(5) `Prosecuting agency' means the solicitor, Attorney General, special prosecutor, or any person or entity charged with the prosecution of a criminal case in general sessions or family court.

(6) `Summary court' means magistrate or municipal court.

(7) `Initial offense incident report' means a uniform traffic accident report or a standardized incident report form completed at the time of the initial law enforcement response. `Initial offense incident report' does not include supplementary reports, investigative notes or reports, statements, letters, memos, other communications, measurements, sketches, or diagrams not included in the initial offense incident report, or any material that may be considered the work product of a law enforcement officer or witness.

(8) `In writing' means any written communication, including electronically

transmitted data.

Section 16-3-1515. (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, 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.

(B) A victim who wishes to receive restitution must, within appropriate time limits set by the prosecuting agency or summary court judge, provide the prosecuting agency or summary court judge with an itemized list which includes the values of property stolen, damaged, or destroyed; property recovered; medical expenses or counseling expenses, or both; income lost as a result of the offense; out-of-pocket expenses incurred as a result of the offense; any other financial losses that may have been incurred; an itemization of financial recovery from insurance, the offense victim's compensation fund, or other sources. The prosecuting agency, court, or both, may require documentation of all claims. This information may be included in a written victim impact statement.

(C) A victim who wishes to be present for any plea, trial, or sentencing 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.

(D) A victim who wishes to submit a written victim impact statement must provide it to the prosecuting agency or summary court judge within appropriate time limits set by the prosecuting agency or summary court judge.

(E) A victim who wishes to make an oral victim impact statement to the court at sentencing must notify the prosecuting agency or summary court judge of this desire in advance of the sentencing.

Section 16-3-1520. (A) A law enforcement agency must provide a victim, free of charge, a copy of the initial incident report of his case, and a document which:

(1) describes the constitutional rights the State grants victims in criminal cases;

(2) describes the responsibilities of victims in exercising these rights;

(3) lists local victim assistance and social service providers;

(4) provides information on eligibility and application for victim's compensation benefits; and

(5) provides information about the rights of victims and witnesses who are harassed or

threatened.

(B) A law enforcement agency, within a reasonable time of initial contact, must assist

each eligible victim in applying for victim's compensation benefits and other available

financial, social service, and counseling assistance.

(C) Law enforcement victim advocates, upon request, may intervene with, and seek special consideration from, creditors of a victim who is temporarily unable to continue payments as a result of an offense and with the victim's employer, landlord, school, and other parties as considered appropriate through the investigative process.

(D) A law enforcement agency, upon request, must make a reasonable attempt to inform a victim of the status and progress of his case from initial incident through:

(1) disposition in summary court;

(2) the referral of a juvenile offender to the Department of Juvenile Justice; or

(3) transmittal of a general sessions warrant to the prosecuting agency.

Section 16-3-1525. (A) A law enforcement agency, upon effecting the arrest or detention of a person accused of committing an offense involving one or more victims, must make a reasonable attempt to notify each victim of the arrest or detention and of the appropriate bond or other pretrial release hearing or procedure.

(B) A law enforcement agency, before releasing to his parent or guardian a juvenile offender accused of committing an offense involving one or more victims, must make a reasonable effort to inform each victim of the release.

(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 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.

(D) A law enforcement agency, after detaining a juvenile accused of committing an offense involving one or more victims, must provide to the Department of Juvenile Justice the name, address, and telephone number of each victim.

(E) After effecting the arrest or detention of a person accused of committing an offense not under the jurisdiction of a summary court, and involving one or more victims, the arresting law enforcement agency must provide, in writing, to the prosecuting agency before a bond or release hearing before a circuit or family court judge the name, address, and telephone number of each victim.

(F) After the arrest or detention of a person accused of committing an offense involving one or more victims and which is triable in summary court or an offense involving one or more victims for which a preliminary hearing may be held, the arresting law enforcement agency must provide, in writing, to the summary court the name, mailing address, and telephone number of each victim.

(G) A law enforcement agency must provide any measures necessary to protect the victims and witnesses, including transportation to and from court and physical protection in the courthouse.

(H) In cases in which a defendant has bond set by a summary court judge:

(1) the facility having custody of the defendant reasonably must attempt to notify each

victim of each case for which bond is being determined of his right to attend the bond

hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;

(2) the summary court judge, before proceeding with a bond hearing in a case

involving a victim, must ask the representative of the facility having custody of the defendant to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend the proceeding. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3) the summary court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.

(I) In cases in which a defendant has a bond proceeding before a circuit court judge:

(1) the prosecuting agency reasonably must attempt to notify each victim of each case for which bond is being determined of his right to attend the bond hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article;

(2) the circuit court judge, before proceeding with a bond hearing in a case

involving a victim, must ask the representative of the prosecuting agency to verify that a

reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3) the circuit court judge must impose bond conditions which are sufficient to protect a victim from harassment or intimidation by the defendant or persons acting on the defendant's behalf.

(J) In cases in which a juvenile has a detention hearing before a family court judge:

(1) the prosecuting agency must reasonably attempt to notify each victim of each case for which the juvenile is appearing before the court of his right to attend the detention hearing and make recommendations to the presiding judge. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to the detention hearing;

(2) the family court judge, before proceeding with a detention hearing in a case involving a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to notify the victim sufficiently in advance to attend. If notice was not given in a timely manner, the hearing must be delayed for a reasonable time to allow notice; and

(3) the family court judge, if he does not rule that a juvenile must be detained, must

impose conditions of release which are sufficient to protect a victim from harassment or

intimidation by the juvenile or a person acting on the juvenile's behalf.

(K) Upon scheduling a preliminary hearing in a case involving a victim, the summary court judge reasonably must attempt to notify each victim of each case for which the defendant has a hearing of his right to attend.

Section 16-3-1530. (A) A jail, prison, or detention or holding facility having custody of

a person accused, convicted, 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.

(B) A department or agency having custody or custodial supervision of a person accused of committing an offense involving one or more victims reasonably must attempt to notify each victim, upon request, of an escape by the person.

(C) A department or agency having custody of a person accused, convicted, or adjudicated guilty of committing an offense involving one or more victims must inform each victim, upon request, of any transfer of the person to a less secure facility.

(D) A department or agency having custody or custodial supervision of a person convicted 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.

Section 16-3-1535. (A) The summary court, upon retaining jurisdiction of an offense involving one or more victims, reasonably must attempt to notify each victim of his right to:

(1) be present and participate in all hearings;

(2) be represented by counsel;

(3) pursue civil remedies; and

(4) submit an oral or written victim impact statement, or both, for consideration by the

summary court judge at the disposition proceeding.

(B) The summary court must provide to each victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the offense, including:

(1) the victim's personal information and supplementary contact information;

(2) an itemized list of the victim's economic loss and recovery from any insurance policy or any other source;

(3) details of physical or psychological injuries, or both, including their seriousness

and permanence;

(4) identification of psychological services requested or obtained by the victim;

(5) a description of any changes in the victim's personal welfare or family

relationships; and

(6) any other information the victim believes to be important and pertinent.

(C) The summary court judge must inform a victim of the applicable procedures and practices of the court.

(D) The summary court judge reasonably must attempt to notify each victim related to the case of each hearing, trial, or other proceeding.

(E) A law enforcement agency and the summary court must return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property and itemized lists of the property including serial numbers and unique identifying characteristics for use as evidence when possible.

(F) The summary court judge must recognize and protect the rights of victims and witnesses as diligently as those of the defendant.

Section 16-3-1540. (A) The Department of Juvenile Justice, upon referral of a juvenile

accused of committing an offense involving one or more victims, must make a reasonable effort to confer with each victim before:

(1) placing the juvenile in a diversion program;

(2) issuing a recommendation for diversion;

(3) referring the juvenile to the prosecuting agency for prosecution;

(4) issuing a recommendation for evaluation at the agency's reception and evaluation center; or

(5) taking other action.

(B) The Department of Juvenile Justice must make a reasonable effort to keep each victim reasonably informed of the status and progress of a case from the time it is referred by law enforcement until it is referred to the prosecuting agency.

Section 16-3-1545. (A) The prosecuting agency, when a juvenile case is referred or a general sessions charge is received involving one or more victims, reasonably must attempt to notify each victim of his right to submit an oral or written victim impact statement, or both, for consideration by the circuit or family court judge at the disposition proceeding. The victim also must be informed that a written victim impact statement may be submitted at any postadjudication proceeding by the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice. The prosecuting agency must provide to each

victim who wishes to make a written victim impact statement a form that solicits pertinent information regarding the offense that may include:

(1) the victim's personal information and supplementary contact information;

(2) an itemization of the victim's economic loss and recovery from any insurance policy or another source;

(3) details of physical or psychological injuries, or both, including their seriousness

and permanence;

(4) identification of psychological services requested or obtained by the victim;

(5) a description of any changes in the victim's personal welfare or family

relationships; and

(6) any other information the victim believes to be important and pertinent.

(B) The prosecuting agency must offer the victim assistance in preparing a comprehensive victim impact statement and assistance in reviewing and updating the statement, as appropriate, before the case is disposed.

(C) The prosecuting agency must inform victims and witnesses of the applicable procedures and practices of the criminal or juvenile justice system, or both.

(D) The prosecuting agency must inform each victim of his right to legal counsel and of any available civil remedies.

(E) A law enforcement agency, the prosecuting agency, and the circuit and family courts must return to a victim personal property recovered or taken as evidence as expeditiously as possible, substituting photographs of the property and itemized lists of the property including serial numbers and unique identifying characteristics to use as evidence when possible.

(F) The prosecuting agency must inform victims and prosecution witnesses of financial

assistance, compensation, and fees to which they may be entitled and must offer to the victims and witnesses assistance with applications for these items.

(G) The prosecuting agency, upon request, must make a reasonable attempt to keep each victim informed of the status and progress of a case, with the exception of preliminary hearings, from the time a juvenile case is referred to, or a general sessions charge is received by, the prosecuting agency for disposition of the case in general sessions or family court.

(H) The prosecuting agency must discuss a case with the victim. The agency must confer with each victim about the disposition of the case including, but not limited to, diversions and plea negotiations.

(I) The prosecuting agency reasonably must attempt to notify each victim of each hearing,

trial, or other proceeding. This notification must be made sufficiently in advance to allow the victim to exercise his rights contained in this article. When proceedings are canceled or rescheduled, the prosecuting agency must reasonably attempt to inform victims and

witnesses in a timely manner.

(J) The prosecuting agency victim advocate, upon request, may intercede with, and seek

special consideration from, employers of victims and witnesses to prevent loss of pay or benefits, or both, resulting from their participation in the criminal or juvenile justice system and with the victim's creditors, landlord, school, and other parties, as appropriate, throughout the prosecution process.

(K) If a victim or witness is threatened, the prosecuting agency immediately must refer the incident to the appropriate law enforcement agency for prompt investigation and make a reasonable attempt to prosecute the case.

(L) The prosecuting agency must take reasonable and appropriate steps to minimize inconvenience to victims and witnesses throughout court preparation and court proceedings and must familiarize victims and witnesses with courtroom procedure and protocol.

(M) The prosecuting agency must refer victims to counselors, social service agencies, and

victim assistance providers, as appropriate.

Section 16-3-1550. (A) Employers of victims and witnesses must not retaliate against or

suspend or reduce the wages and benefits of a victim or witness who lawfully responds to a subpoena. A willful violation of this provision constitutes contempt of court.

(B) A person must not be sequestered from a proceeding adjudicating an offense of which he was a victim.

(C) For proceedings in the circuit or family court, the law enforcement and prosecuting agency must make reasonable efforts to provide victims and prosecution witnesses waiting areas separate from those used by the defendant and defense witnesses.

(D) The circuit or family court judge must recognize and protect the rights of victims and

witnesses as diligently as those of the defendant. A circuit or family court judge, before proceeding with a trial, plea, sentencing, or other dispositive hearing in a case involving

a victim, must ask the prosecuting agency to verify that a reasonable attempt was made to

notify the victim sufficiently in advance to attend. If notice was not given in a timely

manner, the hearing must be delayed for a reasonable time to allow notice.

(E) The circuit or family court must treat sensitively witnesses who are very young,

elderly, handicapped, or who have special needs by using closed or taped sessions when

appropriate. The prosecuting agency or defense attorney must notify the court when a victim or witness deserves special consideration.

(F) The circuit or family court must hear or review any victim impact statement, whether

written or oral, before sentencing. Within a reasonable period of time before sentencing, the prosecuting agency must make available to the defense any written victim impact statement and the court must allow the defense an opportunity to respond to the statement. However, the victim impact statement must not be provided to the defense until the defendant has been found guilty by a judge or jury. The victim impact statement and its contents are not admissible as evidence in any trial.

(G) The circuit and family court must address the issue of restitution as provided by

statute.

Section 16-3-1555. (A) The circuit or family court must order, in a timely manner, reasonable expert witness fees and reimbursement to victims of reasonable out-of-pocket expenses associated with lawfully serving a subpoena.

(B) The prosecuting agency must forward, as appropriate and within a reasonable time, a copy of each victim's impact statement or the name, mailing address, and telephone number of each victim, or both, to the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice. The names, addresses, and telephone numbers of victims and prosecution witnesses contained in the records of the Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, and the Department of Juvenile Justice are confidential and must not be disclosed directly or indirectly, except by order of a court of competent jurisdiction or as necessary to provide notifications, or services, or both, between these agencies, these agencies and the prosecuting agency, or these agencies and the Attorney General.

(C) The prosecuting agency must file with an indictment a copy of a written victim impact statement with the victim's personal information deleted.

(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, as appropriate, their legal names, current addresses, and telephone numbers.

(E) The prosecuting agency must inform the victim about the collection of restitution, fees, and expenses, the recovery of property used as evidence, and how to contact the Department of Corrections, the Board of Juvenile Parole, the Department of Probation, Parole, and Pardon Services, the Department of Juvenile Justice, or the Attorney General, as appropriate.

Section 16-3-1560. (A) The Department of Corrections, the Department of Probation, Parole, and Pardon Services, the Board of Juvenile Parole, or the Department of Juvenile Justice, as appropriate, reasonably must attempt to notify each victim of post-conviction proceedings affecting the probation, parole, or release of the offender, 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, 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, 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.

(D) The Attorney General must confer with victims regarding the defendant's appeal and

other post-conviction proceedings.

(E) The Attorney General must keep each victim reasonably informed of the status and progress of the appeal or other post-conviction proceedings until their resolution.

(F) The Attorney General reasonably must attempt to notify a victim of all post- conviction proceedings and of the victim's right to attend. This notification must be made sufficiently in advance to allow the victim to exercise his rights pertaining to post-conviction proceedings.

Section 16-3-1565. (A) Nothing in this article creates a cause of action on behalf of a person against a public employee, public agency, the State, or an agency responsible for the enforcement of rights and provision of services set forth in this article.

(B) A sentence must not be invalidated because of failure to comply with the provisions of this article.

(C) This article must not be construed to create a cause of action for monetary damages.

General Sessions Court offense

SECTION 4. A. Section 14-1-206 of the 1976 Code, as last amended by Act 292 of 1996, is further amended to read:

Section 14-1-206. (A) Beginning January 1, 1995, and continuously after that date, a

person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in general sessions court must pay an amount equal to one hundred percent of the fine imposed as an assessment. This assessment must be paid to the clerk of court in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.

(B) The county treasurer must remit thirty-eight percent of the revenue generated by

the assessment imposed in subsection (A) to the county to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(C) The State Treasurer shall deposit the assessments received as follows:

(1) 47.17 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 16.52 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;

(3) .5 percent to the Department of Public Safety to defray the cost of erecting and

maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety,

the department may retain the surplus for use in its law enforcement training programs;

(4) 16.21 percent to the Office of Indigent Defense for the defense of indigents;

(5) 13.26 percent for the State Office of Victim Assistance;

(6) 5.34 percent to the general fund;

(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, `complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel, and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a `first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year.

(D) The revenue retained by the county under subsection (B) must be used for the provision of services for the victims of crime including those required by law. Any funds distributed to or retained by the county treasurer pursuant to this item which are not used for the provision of victim services at the end of the fiscal year may be used for the capital or operating needs of the judicial system.

Magistrate's court offense

SECTION 5. A. Section 14-1-207 of the 1976 Code, as last amended by Act 145 of 1995, is further amended to read:

Section 14-1-207. (A) Beginning January 1, 1995, and continuously after that date, a

person who is convicted of, pleads guilty or nolo contendere to, or forfeits bond for an offense tried in magistrate's court must pay an amount equal to 100 percent of the fine imposed as an assessment. This assessment must be paid to the magistrate and deposited as required by Section 22-1-70 in the county in which the criminal judgment is rendered for remittance to the State Treasurer by the county treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.

(B) The county treasurer must remit 12 percent of the revenue generated by the assessment imposed in subsection (A) to the county to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(C) The State Treasurer shall deposit the assessments as follows:

(1) 35.12 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 22.49 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;

(3) .65 percent to the Department of Public Safety to defray the cost of erecting and

maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain the surplus for use in its law enforcement training programs;

(4) 20.42 percent for the State Office of Victim Assistance;

(5) 8.94 percent to the general fund;

(6) 11.38 percent to the Office of Indigent Defense for the defense of indigents;

(7) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, `complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than two hundred fifty thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this fund must be disbursed on a `first received, first paid' basis. When revenue in the fund reaches five hundred thousand dollars, all revenue in excess of five hundred thousand dollars must be credited to the general fund of the State. Unexpended revenue in the

fund at the end of the fiscal year carries over and may be expended in the next fiscal year.

(D) The revenue retained by the county under subsection (B) must be used for the provision of services for the victims of crime including those required by law. Any funds distributed to or retained by the county treasurer pursuant to this item which are not used for the provision of victim services at the end of the fiscal year may be used for the capital or operating needs of the judicial system.

B. For fiscal year 1997-98, each county's monthly disbursement under Section 14-1-207(B) must be reduced, unless the monthly disbursement made pursuant to Section 14-1-207(C)(1) through (C)(7) is equal to or greater than the disbursement made for the same month in fiscal year 1996-97. The reduction of the monthly disbursement to the county pursuant to Section 14-1-207(B) may not be any greater than the amount necessary to bring a monthly disbursement pursuant to Section 14-1-207(C)(1) through (C)(7) to the same amount as the same month in fiscal year 1996-97, and the total reduction of the disbursements to the county for the year pursuant to Section 14-1-207(B) for the fiscal year 1997-98 must not be any greater than the amount necessary to bring the total of the monthly disbursements for the year pursuant to Section 14-1-207(C)(1) through (C)(7) to the same amount as in fiscal year 1996-97. The monthly report by the county treasurer must show the amount forwarded to the State Treasurer for the same month in fiscal year

1996-97, the amount being retained by the county for the month, and the amount of adjustment, if any, made to the remittance to the State Treasurer pursuant to this provision.

Municipal court offense

SECTION 6. A. Section 14-1-208 of the 1976 Code, as last amended by Act 458 of 1996, is further amended to read:

Section 14-1-208. (A) Beginning January 1, 1995, and continuously after that date, a

person who is convicted, or pleads guilty or nolo contendere to, or forfeits bond for an offense tried in municipal court must pay an amount equal to 64 percent of the fine imposed as an assessment. This assessment must be paid to the municipal clerk of court and deposited with the city treasurer for remittance to the State Treasurer. The assessment is based upon that portion of the fine that is not suspended and assessments must not be waived, reduced, or suspended.

(B) The city treasurer must remit 18.75 percent of the revenue generated by the assessment imposed in subsection (A) to the municipality to be used for the purposes set forth in subsection (D) and remit the balance of the assessment revenue to the State Treasurer on a monthly basis by the fifteenth day of each month and make reports on a form and in a manner prescribed by the State Treasurer. Assessments paid in installments must be remitted as received.

(C) The State Treasurer shall deposit the assessments received as follows:

(1) 25.79 percent for programs established pursuant to Chapter 21 of Title 24 and the Shock Incarceration Program as provided in Article 13, Chapter 13 of Title 24;

(2) 25.5 percent to the Department of Public Safety program of training in the fields of law enforcement and criminal justice;

(3) .67 percent to the Department of Public Safety to defray the cost of erecting and

maintaining the South Carolina Law Enforcement Hall of Fame. When funds collected pursuant to this item exceed the necessary costs and expenses of the Hall of Fame operation and maintenance as determined by the Department of Public Safety, the department may retain the surplus for use in its law enforcement training programs;

(4) 19.06 percent for the State Office of Victim Assistance;

(5) 6.97 percent to the general fund;

(6) 19.38 percent to the Office of Indigent Defense for the defense of indigents;

(7) 1.63 percent to the Department of Mental Health to be used exclusively for the treatment and rehabilitation of drug addicts within the department's addiction center facilities;

(8) 1.0 percent to the Attorney General's Office for a fund to provide support for counties involved in complex criminal litigation. For the purposes of this item, `complex criminal litigation' means criminal cases in which the State is seeking the death penalty and has served notice as required by law upon the defendant's counsel and the county involved has expended more than one hundred thousand dollars for a particular case in direct support of operating the court of general sessions and for prosecution-related expenses. The Attorney General shall develop guidelines for determining what expenses are reimbursable from the fund and shall approve all disbursements from the fund. Funds must be paid to a county for all expenditures authorized for reimbursement under this item except for the first one hundred thousand dollars the county expended in satisfying the requirements for reimbursement from the fund; however, money disbursed from this

fund must be disbursed on a `first received, first paid' basis. When revenue in the fund

reaches five hundred thousand dollars, all revenue in excess of five hundred thousand

dollars must be credited to the general fund of the State. Unexpended revenue in the fund at the end of the fiscal year carries over and may be expended in the next fiscal year.

(D) The revenue retained by the municipality under subsection (B) must be used for the

provision of services for the victims of crime including those required by law. Any funds

retained by the city treasurer pursuant to this item which are not used for the provision of

victim services at the end of the fiscal year may be used for the capital or operating needs of the judicial system.

B. For fiscal year 1997-98, each municipality's monthly disbursement under Section 14-1-208(B) must be reduced, unless the monthly disbursement made pursuant to Section 14-1-208(C)(1) through (C)(8) is equal to or greater than the disbursement made for the same month in fiscal year 1996-97. The reduction of the monthly disbursements to the municipality pursuant to Section 14-1-208(B) may not be any greater than the amount necessary to bring a monthly disbursement pursuant to Section 14-1-208(C)(1) through (C)(8) to the same amount as the same month in fiscal year 1996-97 and the total reduction of disbursements to the municipality for the year pursuant to Section 14-1-208(B) for the fiscal year 1997-98 must not be any greater than the amount necessary to bring the total of the monthly disbursements pursuant to Section 14-1-208(C)(1) through (C)(8) to the same amount for the year as in fiscal year 1996-97. The monthly report by the city treasurer must show the amount forwarded to the State Treasurer for the same month in fiscal year 1996-97, the amount being retained by the municipality for the month, and the amount of adjustment, if any, made to the remittance to the State Treasurer pursuant to this provision.

General sessions court surcharge

SECTION 7. The 1976 Code is amended by adding:

Section 14-1-211. (A) In addition to all other assessments and surcharges, a one hundred

dollar surcharge is imposed on all convictions obtained in general sessions court and a

twenty-five dollar surcharge is imposed on all convictions obtained in magistrate's and

municipal court in this State. The surcharge must not be imposed on convictions for

misdemeanor traffic offenses. However, the surcharge applies to all violations of Section

56-5-2930, driving under the influence of liquor, drugs, or like substances. No portion of the surcharge may be waived, reduced, or suspended.

(B) The revenue collected pursuant to subsection (A) must be retained by the

jurisdiction which heard or processed the case and paid to the city or county treasurer, for the purpose of providing services for the victims of crime, including those required by law. Any funds retained by the county or city treasurer pursuant to this subsection which are not used for the provision of victim services at the end of the fiscal year may be used for the capital and operating needs of the judicial system.

Severability clause

SECTION 8. If a provision of this act or the application of a provision of this act to a

person or circumstance is held to be invalid, the invalidity does not affect other provisions or applications of this act which can be given effect without the invalid provision or application, and to this end the provisions of this act are severable.

Time effective

SECTION 9. Sections 1, 2, and 3 take effect on October 1, 1997. All other sections take effect on July 1, 1997.

Approved the 13th day of June, 1997.

Section 16-3-1505 LEGISLATIVE INTENT

Section 16-3-1510 DEFINITIONS

Victim

Person

Criminal Offense

Witness

Prosecuting Agencies

Summary Court

Initial Offense Incident Report

In Writing

Section 16-3-1520 RESPONSIBILITIES OF VICTIMS AND PROSECUTION WITNESSES:

• Keep agencies apprised of legal name, address, and telephone 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 a timely manner.
• Notify appropriate authority of desire to make oral statement

Section 16-3-1520 UPON REPORT OF CRIME, LAW ENFORCEMENT HAS THE FOLLOWING DUTIES TO VICTIMS:

• Provide a free copy of incident report
• Provide a 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

Section 16-3-1525 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 victimís notification before proceeding with bail/bond/detention hearings
• Impose measures to protect victim as a condition of defendantís pretrial release
• Notify in advance of preliminary hearings

Section 16-3-1530 UPON RELEASE, TRANSFER OR ESCAPE, A DEPARTMENT OR AGENCY HAVING CUSTODY OF A DEFENDANT MUST:

• Notify the victim of any release, transfer or escape

Section 16-3-1535 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 victimís rights

Section 16-3-1540 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

Section 16-3-1545 UPON REFERRAL OF CASE FOR DISPOSTION 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 of the court
• Inform of right to legal counsel
• Return personal property in a timely manner
• Inform of compensation, fees, financial assistance and assist with 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 to appropriate services and assistance

Section 16-3-1550 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 victimsí rights, verify advance notification
• Ensure sensitive treatment for "special" witnesses (very young, elderly, physically handicapped)
• Address restitution as provided by statute

Section 16-3-1555 UPON DISPOSITION IN CIRCUIT OR FAMILY COURT, THE APPROPRIATE AGENCY (USUALLY THE PROSECUTING AGENCY) HAS THE FOLLOWING DUTIES TO VICTIMS:

• Provide witness fees and reimbursement of a victimís 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

Section 16-3-1560 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

Section 16-3-1565 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

Section 14-1-206 ASSESSMENTS ON GENERAL SESSIONS CONVICTION

• Assessment on General Sessions Court fines increases from 62% to 100%
• The amount of the increase (38%) is to be retained by the County and used for victim services, provided however that the amounts distributed previously under this section must not be reduced.

Section 14-1-207 ASSESSMENT ON MAGISTRATES COURT CONVICTION

• Assessment on Magistratesí Court fines increases from 88% to 100%
• The amount of the increase (12%) is to be retained by the county and used for victim services, provided however that the amounts distributed previously under this section must not be reduced

Section 14-1-208 ASSESSMENTS ON MUNICIPAL COURT FINES

• Assessment on Municipal Court fines increases from 52% to 64%
• The amount of the increase (12%) is to be retained by the municipality and used for victim services, provided however that the amount distributed previously under this section must not be reduced

Section 14-1-211 SURCHARGE ON SOME CONVICTIONS

• A $100.00 surcharge is levied on every General Sessions conviction, no part of which may be waived, reduced or suspended
• A $25.00 surcharge is levied on every Summary court conviction other than misdemeanor traffic offense. No part of the surcharge may be waived, reduced, or suspended.

This document outlines suggested function, duties and responsibilities, and minimum training and experience. The function of the victim advocate is a determination to be made by an employer; minimum training and experience is also a recommended standard, not a mandatory requirement outlined in Act 141. The only duties and responsibilities required by Act 141 are those first five duties appearing in bold italic script. However, the following document serves as a recommended tool for employers to use in hiring quality victim advocates.

FUNCTION:

Under limited supervision operates and coordinates a victim assistance program by providing crisis intervention and necessary support services to victims of crime. Provides educational material to law enforcement staff and the community in response to criminal victimization.

DUTIES AND RESPONSIBILITIES:

• Refer victims to appropriate service agencies/providers
• Ensure victimsí legal rights are protected
• Advise victims of case status and progress, maintain contact with and provide support to victims and/or family members throughout the criminal justice process as needed
• Provide applications and information to victims concerning South Carolina Crime Victims Compensation; explain purpose, procedures, and policies, and assist in completion of forms
• Upon request, may intervene on behalf of victims with creditors, employers, etc.
• Establish contact with victims of crime and identify their needs
• Provide crisis-intervention and support to victims of crime
• Provide educational materials concerning victimsí rights, adult and child victimization
• Increase the communityís awareness of the victim assistance program to encourage timely reporting and assistance
• Ability to intervene in a crisis situation using tact, discretion, compassion, and good judgment
• Effective interpersonal communication skills, e.g., the ability to exchange information clearly
• Organizational and office skills
• Coordinate with other agencies

MINIMUM EXPERIENCE AND TRAINING: a bachelors degree in an appropriate field such as criminal justice, psychology or social work; or bachelorís degree in any other field and two (2) years experience in the field of victim services and certification; or associate degree in an appropriate field such as criminal justice, psychology or social work, paralegalism and three (3) years experience in victim services or social services and certification; or certification plus six (6) years of experience in victim services.

• Individual(s) whose responsibility is to provide victim services as outlined in Act 141 (whether full-time position(s) or part of other duties to be determined by employer).
• If new position, certain tools and support are recommended for the individual(s) providing victim services. If a current staffer, tools are possibly already provided (determined by employer). Examples of tools that may prove useful to the individual responsible for victim services include: uniforms (if sworn); other law enforcement supplies (if sworn); weapon (if sworn); access to a vehicle or reimbursed for use of personal operated vehicle; training; office and communication equipment (beeper, access to a fax machine, copier, toll free (1-800) number, telephone line, and basic office supplies).
• Administrative support (whether full time or a portion of an administrative person to support the victim advocate to be determined by employer).

Section 14-1-206 ASSESSMENTS ON GENERAL SESSIONS CONVICTION

• Assessment on General Sessions Court fines increases from 62% to 100%
• The amount of the increase (38%) is to be retained by the County and used for victim services, provided however that the amounts distributed previously under this section must not be reduced.

Section 14-1-207 ASSESSMENT ON MAGISTRATES COURT CONVICTION

• Assessment on Magistratesí Court fines increases from 88% to 100%
• The amount of the increase (12%) is to be retained by the county and used for victim services, provided however that the amounts distributed previously under this section must not be reduced

Section 14-1-208 ASSESSMENTS ON MUNICIPAL COURT FINES

• Assessment on Municipal Court fines increases from 52% to 64%
• The amount of the increase (12%) is to be retained by the municipality and used for victim services, provided however that the amount distributed previously under this section must not be reduced

Section 14-1-211 SURCHARGE ON SOME CONVICTIONS

• A $100.00 surcharge is levied on every General Sessions conviction, no part of which may be waived, reduced or suspended
• A $25.00 surcharge is levied on every Summary court conviction other than misdemeanor traffic offense. No part of the surcharge may be waived, reduced, or suspended.

The assessment revenue generated for victim services in Sections 14-1-206, 14-1-207, and 14-1-208, is subject to "hold-harmless" clauses for fiscal year 1997-98. The "hold-harmless" clauses are found in Sections 4.B., 5.B. and 6.B. of Act 141. The "hold-harmless" clauses require local governments to pay some or all of the assessment revenue retained by the local government, pursuant to Section 14-1-206(B), 14-1-207(B), and 14-1-208(B), to the State Treasurerís Office in a particular month. However, the amount of assessment revenue required to be paid to the State pursuant to a "hold-harmless" clause may not exceed the amount collected for the month.

Any amount not paid under the "hold-harmless" clause after the exhaustion of the assessment revenue retained for victim services in a particular month is not required to be paid from other funds of the local government.

The "hold-harmless" clauses do not apply to the revenue generated by the surcharges on convictions pursuant to Section 14-1-211. If further information regarding the administration of the court surcharges and assessments is needed, the State Treasurerís Office (803) 734-2674 is available to assist local officials.

A Victims Routing Sheet may be used by each criminal justice agency having jurisdiction of a case throughout the investigative process, arrest, detention, trail and final disposition of the case. The form should be attached to the case file at its inception. It should remain with that file as the case moves through the Criminal Justice System.

As it progresses through the justice process, there are certain legal requirements and obligations such as notification of arrests, hearings, or releases from custody that must be adhered to by the various criminal justice agencies involved in the case.

As these requirements and obligations are met, each one should be signed or initialed and dated in the appropriate space provided. By doing so, each criminal justice official and agency involved in the case verifies their compliance with their responsibilities as required by law.

This routing sheet must be generated by each individual agency. It is recommended that NCR paper be used so that the document may be distributed in triplicate.

All information at the top of the sheet should be completed as accurately as possible. Without this information, it will delay or make it difficult for notifications to be made.

A Victimsí Rights Information Sheet should also be produced in triplicate with the appropriate telephone numbers provided. This can be utilized as verification that the victim has been fully apprised of available local resources and rights. This document should be given to victims at the crime scene while retaining a copy for case records.

The following prototype Victim Impact Statement forms have been submitted by the 11^th Judicial Circuit Solicitorís Office and the Attorney Generalís Office for your consideration.

Sample From the 11^th Judicial Circuit Victim/Witness Advocate Program

The following form is developed for usage at the General Sessions and Family Court level. Your agency is responsible for reproducing the form if your staff selects this suggested format. Address pertinent questions to Bob Rightsell, Victim/Witness Assistance Program Director, at (803) 359-8267.

Sample From the Attorney Generalís Victim Services Office

The form has been redesigned to more fully reflect the needs of prosecutors and the court system. It contains information that will affect all agencies responsible for notifying victims of post-adjudication procedures so it important to give the victim a copy for their records. At the completion of a successful prosecution, it is vital to the process that a victim advocate in the prosecuting agency mail a copy of this form to Victim Services at the Department of Corrections and the Department of Probation, Parole, and Pardon Services. Upon sentencing, victims can be registered to receive all post-adjudication information such as parole hearings, institution transfers, escapes, and appeals. Remind victims that is their responsibility to keep the agencies that appear at the bottom of the VIS notified of any address and telephone number changes.

These forms are to have a green border and are not for duplication. The VIS is to be used by only the prosecuting agency when trying cases in circuit court. Court Administration has designed a victim impact statement to be used in summary and municipal court. Law enforcement agencies are not to use the VIS form. To receive free boxes of the Victim Impact Statements please contact Victim Services at the South Carolina Attorney Generalís Office by calling (803) 734-2863 or (803) 734-3740.

As you assist injured victims, please remember that although you are the contact person for the claim (Section 2: Referral), you are not legally entitled to sign on behalf of the victim. Applications mailed to DOVA without an original signature of the victim or his legal representative as claimant will be returned. Please ensure that all sections are completed with sufficient detail to enable DOVA claims processors to assess the extent of injury and the financial impact sustained from the crime. Crime Victims Compensation is a secondary source of financial aid for recovery expenses not covered by other applicable payment means.

Your assistance in applying for payment for crime related costs is crucial to victims in crisis.

DOVA offers training and program guides to help you better understand the compensation process. Simply call the Community Development and Training section at (803) 734-1705 to receive available information.

For questions about this web page contact todd@scvan.org