Opinion
10-29-2024
RE Fourth Judicial Circuit Veterans Treatment Program
ORDER
John W. Kittredge, Chief Justice of South Carolina
The South Carolina legislature, recognizing the need and benefits of a Veterans Treatment Court Program ("VTC"), enacted the that the Veterans Treatment Court Program Act on June 10, 2014. The Act establishes a Veterans Treatment Court to be administered by circuit solicitors.
Pursuant to S.C. Code Ann. § 14-29-30 (2014), the Solicitor for the Fourth Judicial Circuit has moved for an order establishing a VTC. The purpose of the VTC is to divert qualifying nonviolent military veteran offenders away from the criminal justice system and into appropriate treatment programs, thereby reserving prison space for violent criminals and others for whom incarceration is the only reasonable alternative.
Pursuant to the provisions of Article V, Section 4 of the South Carolina Constitution and S.C. Code Ann. § 14-29-10 et seq. (2014), The Veterans Treatment Court Program shall be established within the Fourth Circuit. Any qualifying nonviolent military veteran offender may be eligible for referral into the Fourth Circuit Veterans Treatment Court Program (hereinafter "VTC").
The Fourth Circuit Solicitor's Office shall determine eligibility. In cases involving victims, proper notice shall be given to victims pursuant to S.C. Code Ann. § 16-31525. Policy and procedures for the VTC, including, but not limited to, referral, application, admission, and participation, shall be developed by the Fourth Circuit Solicitor's Office. A Veterans Treatment Court Program Team (hereinafter "VTC Team") may be established for the proper execution of the VTC. Admission into VTC shall be determined by the Fourth Circuit Solicitor's Office subsequent to recommendations made by the VTC Team. Upon acceptance into the VTC, the defendant shall enter a plea of guilty. Upon acceptance of the plea by the presiding circuit judge of the Court of General Sessions, a negotiated sentence is encouraged. If a negotiated sentence is accepted and ordered, the negotiated sentence shall be deferred pending the defendant's successful completion of or termination from the VTC. If a sentence is not negotiated, the sentence imposed shall likewise be deferred pending the defendant's successful completion of or termination from the VTC, and disposed of as provided below.
The VTC is a voluntary program, and each defendant must voluntarily consent to the jurisdiction of the VTC, and consent shall be noted at or before the entry of the guilty plea. The offenders who enter the VTC will do so after pleading guilty to the criminal charge(s). Upon successful completion of the VTC, the offender's sentence shall be deemed satisfied. Upon unsuccessful completion of the VTC, whether due to voluntary withdrawal or termination, where the underlying sentence has been negotiated and ordered by the circuit court, the VTC judge shall impose the predetermined negotiated sentence. Upon unsuccessful completion of the VTC, whether due to voluntary withdrawal or termination for non-compliance, the defendant shall be returned to the Court of General Sessions to be sentenced if the underlying sentence remains undetermined; provided however, the VTC judge may impose a sentence not to exceed one-year imprisonment.
The Honorable Gail Blizzard Ingram, Probate Court Judge for Chesterfield County, is assigned to preside over the Fourth Circuit Veterans Treatment Court Program. Pursuant to this assignment, Judge Ingram shall be responsible for managing the Veterans Treatment Court and coordinating the role of the judiciary with the functions of the Fourth Circuit Solicitor's Office and any other Chesterfield, Darlington, Dillon, and Marlboro County agencies which may serve the Veterans Treatment Court. Judge Ingram shall be responsible for presiding over the courtroom proceedings involving the VTC, including the imposition of sanctions on participants as they deem appropriate and termination from the program for non-compliance with its terms and conditions. Sanctions may include, but is not limited to, a bench warrant or other sanctions deemed appropriate by the VTC Judge. Judge Ingram will have concurrent jurisdiction in Chesterfield, Darlington, Dillon, and Marlboro.
This Order takes effect immediately and remains in effect unless amended or rescinded by the Chief Justice.