(A) If the State Auditor finds that any county treasurer, municipal treasurer, county clerk of court, magistrate, or municipal court has not properly allocated revenue generated from court fines, fines, and assessments to the crime victim funds or has not properly expended crime victim funds, pursuant to Sections 14-1-206(B) and (D), 14-1-207(B) and (D), 14-1-208(B) and (D), and 14-1-211(B), the State Auditor shall notify the Office of the Attorney General, South Carolina Crime Victim Services Division. The division is authorized to conduct an audit, which must include both a programmatic review and financial audit of any entity or nonprofit organization receiving victim assistance funding, based on the referrals from the State Auditor or complaints of a specific nature received by the division to ensure that crime victim funds are expended in accordance with the law. Guidelines for the expenditure of these funds shall be developed in collaboration with the Victim Services Coordinating Council. The Victim Services Coordinating Council, in collaboration with the director of the division, shall develop these guidelines to ensure any expenditure that meets the parameters of Article 15, Chapter 3, Title 16 is an allowable expenditure.
(B) Any local entity or nonprofit organization that receives funding from revenue generated from crime victim funds is required to submit their budget for the expenditure of these funds to the Office of the Attorney General, South Carolina Crime Victim Services Division within thirty days of the budget's approval by the governing body of the entity or nonprofit organization. Failure to comply with this provision shall cause the division to initiate a programmatic review and a financial audit of the entity's or nonprofit organization's expenditures of victim assistance funds. Additionally, the division will place the name of the noncompliant entity or nonprofit organization on its website, where it shall remain until such time as the noncompliant entity or nonprofit organization is in compliance with the terms of this section.
(C) Any entity or nonprofit organization receiving victim assistance funding must cooperate and provide expenditure and program data requested by the division. If the division finds an error, the entity or nonprofit organization has ninety days to rectify the error. An error constitutes an entity or nonprofit organization spending victim assistance funding on unauthorized items as determined by the division. If the entity or nonprofit organization fails to cooperate with the programmatic review and financial audit or to rectify the error within ninety days, the division shall assess and collect a penalty in the amount of the unauthorized expenditure plus fifteen hundred dollars against the entity or nonprofit organization for improper expenditures. This penalty which includes the fifteen hundred dollars must be paid within thirty days of the notification by the division to the entity or nonprofit organization that the entity or nonprofit organization is in noncompliance with the provisions of this section. All penalties received by the division shall be credited to the general fund of the State. If the penalty is not received by the division within thirty days of the notification, the political subdivision must deduct the amount of the penalty from the entity's or nonprofit organization's subsequent fiscal year appropriation.
HISTORY: 2017 Act No. 96 (S.289), Pt. IV, Section 13.B, eff July 1, 2017.
Structure South Carolina Code of Laws
Chapter 1 - General Provisions
Section 14-1-10. "Property" defined.
Section 14-1-20. "Real property" and "real estate" defined.
Section 14-1-30. "Personal property" defined.
Section 14-1-40. "Clerk" defined.
Section 14-1-50. Common law of England continues in effect.
Section 14-1-60. Rules of construction.
Section 14-1-70. Designation of the several courts of the State.
Section 14-1-80. Jurisdiction of the several courts of the state, generally.
Section 14-1-90. Chief Justice of Supreme Court is administrative head; powers and duties; vacancy.
Section 14-1-95. Power of chief justice to adjust salary of judicial employees.
Section 14-1-100. Rights in court not affected by race or color.
Section 14-1-120. Case continued on adjournment.
Section 14-1-130. Disqualification of judge by reason of relationship to parties.
Section 14-1-140. Persons attending court exempt from arrest; mileage allowed per day.
Section 14-1-150. Contempt of court; offenders to be heard.
Section 14-1-160. Breach of peace within hearing of court.
Section 14-1-170. Filing of undertakings.
Section 14-1-180. Jurors for inferior courts in counties containing a city of more than 70,000.
Section 14-1-190. Monies received by jurors constitute expense allowance.
Section 14-1-202. Authority to collect or compromise a court-ordered delinquent debt.
Section 14-1-203. Revenues from spousal and dependent children support actions.
Section 14-1-207. Additional assessment, magistrates court; remittance; disposition; annual audits.
Section 14-1-208. Additional assessment, municipal court; remittance; disposition; annual audits.
Section 14-1-209. Payment of fine and assessment in installments.
Section 14-1-211.5. Training and technical assistance.
Section 14-1-212. Surcharges on fines; distribution.
Section 14-1-214. Payment of fines, fees, court costs by credit or debit card.
Section 14-1-215. Retired judges or justices may preside in certain courts.
Section 14-1-216. Prohibition against assignment of family court judge to circuit court; exceptions.