Amend the bill, as and if amended, by striking all after the enacting words and inserting:
/ SECTION 1. Section 63-19-1440(C) of the 1976 Code is amended to read:
"(C) The court,
before committing a child as a delinquent or as a part of a
sentence including commitments for contempt, shall order a
community evaluation or temporarily commit the child to the
Department of Juvenile Justice for not more than forty-five days
for evaluation. A community evaluation is equivalent to a
residential evaluation, but it is not required to include all
components of a residential evaluation. However, in either
evaluation the department shall make a recommendation to the
court on the appropriate disposition of the case and shall
submit that recommendation to the court before final
disposition. The department is authorized to allow any child
adjudicated delinquent for a status offense, a misdemeanor
offense, or violation of probation or contempt for any offense
who is temporarily committed to the department's custody for a
residential evaluation, to reside in that child's home or in his
home community while undergoing a community evaluation, unless
the committing judge finds and concludes in the order for
evaluation, that a community evaluation of the child must not be
conducted because the child presents an unreasonable flight or
public safety risk to his home community. The court may
waive in writing the evaluation of the child and proceed to
issue final disposition in the case if the child:
(1) has previously received a residential evaluation or a community evaluation and the evaluation is available to the court;
(2) has been within the past year temporarily or finally discharged or conditionally released for parole from a correctional institution of the department, and the child's previous evaluation or other equivalent information is available to the court; or
(3) receives a determinate commitment sentence not to exceed ninety days."
SECTION 2. Article 17, Chapter 19, Title 63 of the 1976 Code is amended by adding:
"Section 63-19-1835. The department may grant up to a ten-day reduction of the probationary or parole term to probationers and parolees who are under the department's supervision for each month they are compliant with the terms and conditions of their probation or parole order."
SECTION 3. This act takes effect upon approval by the Governor. /
Renumber sections to conform.
Amend title to conform.