South Carolina Code of Regulations Chapter 132 - SOUTH CAROLINA CRIME VICTIM'S ADVISORY BOARD
Here’s an overview of Chapter 132 – South Carolina Crime Victim’s Advisory Board from the South Carolina Code of Regulations:
📘 Chapter Summary
Statutory Authority:
– Established under § 16‑3‑1120(2) of the Crime Victims Compensation Act (scstatehouse.gov).
🔍 Section § 132‑1: Legal Fees
Attorney’s fees awarded under § 16‑3‑1340 are separate from the victim’s compensation.
Fees are capped at the lesser of:
10% of the total compensation, or
$60 per hour for itemized legal services (scstatehouse.gov).
💵 Section § 132‑2: Direct Award
Compensations are to be paid directly to the proper party:
Lost wages → victim
Expenditures (e.g., medical, funeral) → person who paid
Unpaid services/supplies → respective provider (scstatehouse.gov).
🏠 Section § 132‑3: Same Household Exception
If a claim is barred by “same‑household” rules (§ 16‑3‑1220), compensation may still be awarded under the “interest of justice” exception.
The board must document:
That no wrongdoer will benefit from the award.
The factual basis for this determination (scstatehouse.gov, ccresourcecenter.org).
👶 Section § 132‑4: Age of Consent Presumption
For criminal sexual conduct, victims under age 14 are presumed non‑contributing to their injury.
Victims aged 14–16 are similarly presumed non‑contributory if:
The assailant is older, or
The assailant had familial, custodial, or official authority over them (scstatehouse.gov).
📰 Additional Notes
These regulations were last updated in Vol. 48, Issue 12 (Dec 27, 2024) (regulations.justia.com).
For appeals, claims denied by the Crime Victim Compensation Commission can be brought before the Crime Victim’s Advisory Board, which meets twice annually (scag.gov).
✅ Quick Reference Table
Section
Topic
Key Points
§ 132‑1
Legal Fees
Separate from compensation; ≤10% or $60/hr
§ 132‑2
Direct Award
Paid straight to victim/expenditure party/provider
§ 132‑3
Same Household
“Interest of justice” exception requires justification
§ 132‑4
Age Presumption
Victims <14; 14–16 in certain circumstances
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