Opinion
12-19-2023
RE: Greenville Homeless Court Program
ADMINISTRATIVE ORDER
Donald W. Beatty, Chief Justice of South Carolina.
The South Carolina Access to Justice Commission has petitioned the Supreme Court of South Carolina to create a homeless court in the City of Greenville Municipal Court (hereinafter "Greenville Homeless Court Program") to handle minor offenses pertaining to qualified homeless participants. I find there is a significant need to treat and rehabilitate those qualified homeless participants. I further find the Greenville Homeless Court Program will address this need and assist in the disposition of minor offenses and help direct treatment and rehabilitative services for homeless participants.
This request and recommendation originated from the Chair of the South Carolina Access to Justice Commission and is herein granted with my approval.
Establishment of the Greenville Homeless Court Program
Pursuant to the provisions of Article V, Section 4 of the South Carolina Constitution, IT IS ORDERED that a program be established in the City of Greenville, South Carolina Municipal Court creating a "Homeless Court" for minor criminal offenses properly filed and subject to jurisdiction and venue in the City of Greenville Municipal Court, or properly transferred to the City pursuant to applicable law. In addition to his other duties as a Municipal Court Judge, The Honorable Matthew Hawley shall be assigned to preside over the Greenville Homeless Court. The Chief Judge may name successor judges as appropriate.
Upon successful completion by the participant, the Greenville Homeless Court Program will notify the Municipal Court. If a homeless participant fails to complete the program, or voluntarily withdraws, the charges shall be referred back to the Municipal Court for disposition.
IT IS FURTHER ORDERED that participants in the Greenville Homeless Court shall be qualified for participation by criteria set forth by the Greenville City Attorney's Office and the Office of the City Prosecutor in coordination and agreement with the Municipal Court. The Municipal Court Judge shall be responsible for administering the program and coordinating with the City Attorney's office, the Office of the City Prosecutor, defense counsel, law enforcement agencies, and all relevant homeless service and treatment providers to address proper rehabilitative treatment for substance abuse, physical and mental health problems, among other treatment services available.
Effective Date
This Order is effective immediately and shall remain in effect unless rescinded or modified by future order of the Chief Justice.
IT IS SO ORDERED.