§ 16-3-1120 — Director of Crime Victim Services Division; powers and duties.

South Carolina § 16-3-1120

• Jurisdiction: South Carolina
• Title 16: CRIMES AND OFFENSES
• Ch. 3: OFFENSES AGAINST THE PERSON

Text

(A) A director of the South Carolina Crime Victim Services Division must be appointed by the Attorney General and shall serve at his pleasure. The director is responsible for administering the provisions of this article. Included among the duties of the director is the responsibility, with approval of the South Carolina Crime Victim Advisory Board as established in this article, for developing and administering a plan for informing the public of the availability of the benefits provided under this article and procedures for filing claims for the benefits. (B) The director, upon approval by the South Carolina Crime Victim Advisory Board, has the following additional powers and duties: (1) to appoint a deputy director of the Department of Crime Victim Compensation, and staff necessary for the operation of the department, and to contract for services. The director shall recommend the salary for the deputy director and other staff members, as allowed by statute or applicable law; (2) to request from the Attorney General, South Carolina Law Enforcement Division, solicitors, magistrates, judges, county and municipal police departments, and any other agency or department such assistance and data as will enable the director to determine whether, and the extent to which, a claimant qualifies for awards. Any person, agency, or department listed above is authorized to provide the director with the information requested upon receipt of a request from the director. Any provision of law providing for confidentiality of juvenile records does not apply to a request of the deputy director, the director, the board, or a panel of the board pursuant to this section; (3) to reopen previously decided award cases as the director or deputy director considers necessary; (4) to require the submission of medical records as are needed by the board, a panel of the board, or deputy director or his staff and, when necessary, to direct medical examination of the victim; (5) to take or cause to be taken affidavits or depositions within or without the State. This power may be delegated to the deputy director or the board or its panel; (6) to render each year to the Governor and to the General Assembly a written report of the activities of the Department of Crime Victim Compensation and the Victim Compensation Fund pursuant to this article; (7) to delegate the authority to the deputy director to reject incomplete claims for awards or assistance; (8) to render awards to victims of crime or to those other persons entitled to receive awards in the manner authorized by this article. The power may be delegated to the deputy director; (9) to apply for funds from, and to submit all necessary forms to, any federal agency participating in a cooperative program to compensate victims of crime; (10) to delegate to the board or a panel of the board on appeal matters any power of the director or deputy director.

Legislative History

HISTORY: 1982 Act No. 455, SECTION 2; 1984 Act No. 489, SECTION 1; 1988 Act No. 658, Part II, SECTION 16; 1993 Act No.181, SECTION 272; 2017 Act No. 96 (S.289), SECTION 5.B, eff July 1, 2017. Effect of Amendment 2017 Act No. 96, Pt. II, SECTION 5.B, inserted the (A) and (B) identifiers; in (A), substituted "South Carolina Crime Victim Services Division" for "Victim's Compensation Fund", "Attorney General" for "Governor", and "Victim" for "Victim's"; in (B), substituted "Victim" for "Victim's"; in (B)(1), substituted "Department of Crime Victim Compensation" for "Victim's Compensation Fund" and "of the department" for "thereof"; deleted (B)(2), relating to regulations and redesignated accordingly; in (B)(3), deleted "investigate or" prior to "reopen" and inserted "director or"; and, in (B)(6), substituted "Department of Crime Victim Compensation and the Victim Compensation Fund" for "Victim's Compensation Fund".