H*4818 Session 111 (1995-1996)
H*4818(Rat #0494, Act #0404 of 1996) General Bill, By Harrison, H. Brown,
B.D. Cain, Cato, C.D. Chamblee, Fleming, R.J. Herdklotz, Klauber, Knotts, Rice,
Meacham, Riser, Robinson, Sandifer, Seithel, Sheheen, D. Smith, Spearman,
Stuart, J.W. Tucker, Whatley, Wilkins, S.S. Wofford, D.A. Wright and
Young-Brickell
Similar(S 1284)
A Bill to amend Section 20-7-600, as amended, Code of Laws of South Carolina,
1976, relating to taking a child into custody for violating the law, so as to
include an additional requirement for detention in a secure juvenile detention
facility and to provide specific time frames for review of a juvenile in a
detention facility; to amend Section 20-7-780, as amended, relating to
confidentiality of juvenile records, fingerprints, and photographs, so as to
expand the circumstances under which a juvenile may be fingerprinted and to
expand the use of fingerprints; and to amend Section 20-7-2170, as amended,
relating to commitment of children to the Department of Juvenile Justice and
transfer to the Department of Corrections, so as to expand the conditions
under which the court may waive the temporary commitment of a child to the
Department for evaluation.
03/26/96 House Introduced and read first time HJ-79
03/26/96 House Referred to Committee on Judiciary HJ-79
04/18/96 House Committee report: Favorable with amendment
Judiciary HJ-6
04/24/96 House Objection by Rep. T. Brown, Lloyd, S. Whipper, L.
Whipper, Breeland, Lee, J. Hines, M. Hines,
Moody-Lawrence & Anderson HJ-337
04/25/96 House Objection withdrawn by Rep. L. Whipper, J. Hines,
M. Hines, Lee, Breeland, Anderson, S. Whipper,
Lloyd & T. Brown HJ-83
04/25/96 House Amended HJ-84
04/25/96 House Read second time HJ-85
04/25/96 House Unanimous consent for third reading on next
legislative day HJ-85
04/26/96 House Read third time and sent to Senate HJ-2
04/29/96 Senate Introduced and read first time SJ-18
04/29/96 Senate Referred to Committee on Judiciary SJ-18
05/09/96 Senate Recalled from Committee on Judiciary SJ-30
05/14/96 Senate Amended SJ-92
05/14/96 Senate Read second time SJ-92
05/14/96 Senate Ordered to third reading with notice of
amendments SJ-92
05/16/96 Senate Read third time and returned to House with
amendments SJ-35
05/23/96 House Debate adjourned on amendments HJ-59
05/23/96 House Non-concurrence in Senate amendment HJ-89
05/23/96 House Reconsidered HJ-92
05/23/96 House Concurred in Senate amendment and enrolled HJ-92
05/30/96 Ratified R 494
06/04/96 Signed By Governor
06/04/96 Effective date 06/04/96
06/17/96 Copies available
06/17/96 Act No. 404
(A404, R494, H4818)
AN ACT TO AMEND SECTION 20-7-600, AS AMENDED, CODE
OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TAKING A
CHILD INTO CUSTODY FOR VIOLATING THE LAW, SO AS TO
INCLUDE AN ADDITIONAL REQUIREMENT FOR DETENTION IN
A SECURE JUVENILE DETENTION FACILITY AND TO PROVIDE
SPECIFIC TIME FRAMES FOR REVIEW OF A JUVENILE IN A
DETENTION FACILITY; TO AMEND SECTION 20-7-780, AS
AMENDED, RELATING TO CONFIDENTIALITY OF JUVENILE
RECORDS, FINGERPRINTS, AND PHOTOGRAPHS, SO AS TO
EXPAND THE CIRCUMSTANCES UNDER WHICH A JUVENILE
MAY BE FINGERPRINTED AND TO EXPAND THE USE OF
FINGERPRINTS; AND TO AMEND SECTION 20-7-2170, AS
AMENDED, RELATING TO COMMITMENT OF CHILDREN TO
THE DEPARTMENT OF JUVENILE JUSTICE AND TRANSFER TO
THE DEPARTMENT OF CORRECTIONS, SO AS TO EXPAND THE
CONDITIONS UNDER WHICH THE COURT MAY WAIVE THE
TEMPORARY COMMITMENT OF A CHILD TO THE
DEPARTMENT FOR EVALUATION.
Be it enacted by the General Assembly of the State of South
Carolina:
Criteria for placement in secure juvenile detention facility
SECTION 1. Section 20-7-600(F) of the 1976 Code, as last amended by
Act 7 of 1995, is further amended to read:
"(F) When the officer who took the child into custody
determines that placement of a juvenile outside the home is necessary,
the authorized representative of the Department of Juvenile Justice shall
make a diligent effort to place the child in an approved home, program,
or facility, other than a secure juvenile detention facility, when these
alternatives are appropriate and available. A child is eligible for
detention in a secure juvenile detention facility only if the child:
(1) is charged with a violent crime as defined in Section
16-1-60;
(2) is charged with a crime which, if committed by an adult, would
be a felony other than a violent crime, and the child:
(a) is already detained or on probation or conditional release in
connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear at
court proceedings;
(c) has a demonstrable recent record of violent conduct resulting in
physical injury to others; or
(d) has a demonstrable recent record of adjudications for other
felonies; and:
(i) there is reason to believe the child is a flight risk or poses a
threat of serious harm to others; or
(ii) the instant offense involved the use of a firearm;
(3) is a fugitive from another jurisdiction;
(4) requests protection in writing under circumstances that present
an immediate threat of serious physical injury;
(5) had in his possession a deadly weapon;
(6) has a demonstrable recent record of wilful failure to comply
with prior placement orders including, but not limited to, a house arrest
order;
(7) has no suitable alternative placement and it is determined that
detention is in the child's best interest or is necessary to protect the child
or public, or both.
A child who meets the criteria provided in this subsection is eligible
for detention. Detention is not mandatory for a child meeting the criteria
if that child can be supervised adequately at home or in a less secure
setting or program. If the officer does not consent to the release of the
child, the parents or other responsible adult may apply to the family court
within the circuit for an ex parte order of release of the child. The
officer's written report must be furnished to the family court judge who
may establish conditions for release."
Detention hearings and periodic reviews
SECTION 2. Section 20-7-600(H) of the 1976 Code, as last amended by
Act 7 of 1995, is further amended to read:
"(H) If the officer who took the child into custody has not
released the child to the custody of the child's parents or other
responsible adult, the court must hold a detention hearing within
forty-eight hours from the time the child was taken into custody,
excluding Saturdays, Sundays, and holidays. At this hearing, the
authorized representative of the department shall submit to the court a
report stating the facts surrounding the case and a recommendation as to
the child's continued detention pending the adjudicatory and dispositional
hearings. The court shall appoint counsel for the child if none is
retained. No child may proceed without counsel in this hearing unless
the child waives the right to counsel, and then only after consulting at
least once with an attorney. At the conclusion of this hearing, the court
shall determine whether probable cause exists to justify the detention of
the child and the appropriateness of, and need for, the child's continued
detention. If continued detention of a juvenile is considered appropriate
by the court and if a juvenile detention facility exists in that county
which meets state and federal requirements for the secure detention of
juveniles or if that facility exists in another county with which the
committing county has a contract for the secure detention of its juveniles
and if commitment of a juvenile by the court to that facility does not
cause the facility to exceed its design and operational capacity, the family
court shall order the detention of the juvenile in that facility. A juvenile
must not be detained in secure confinement in excess of ninety days
except in exceptional circumstances as determined by the court. A
detained juvenile is entitled to further and periodic review:
(1) within ten days following the juvenile's initial detention
hearing;
(2) within thirty days following the ten-day hearing; and
(3) at any other time for good cause shown upon motion of the
child, the State, or the department.
If the child does not qualify for detention or otherwise require
continued detention under the terms of subsection (F), the child must be
released to a parent, guardian, or other responsible person."
Taking and use of fingerprints and photographs
SECTION 3. The last paragraph of Section 20-7-780(C) of the 1976
Code, as last amended by Act 7 of 1995, is further amended to read:
"The Department of Juvenile Justice may fingerprint and
photograph a juvenile upon the filing of a petition, release from
detention, release on house arrest, or commitment to a juvenile
correctional institution. Fingerprints and photographs taken by the
department remain confidential and must not be transmitted to the State
Law Enforcement Division, the Federal Bureau of Investigation, or
another agency or person, except for the purpose of aiding the
department in apprehending an escapee from the department, assisting the
Missing Persons Information Center in the location and identification of a
missing or runaway child, in locating and identifying a child who fails to
appear in court as summoned or who is the subject of a house arrest
order, or as otherwise provided in this section."
Commitment to Department of Juvenile Justice
SECTION 4. Section 20-7-2170(D) of the 1976 Code, as last amended
by Act 83 of 1995, is further amended to read:
"(D) The court, before committing a child as a delinquent or as
a part of a sentence including commitments for contempt, first
temporarily shall commit the child to the Department of Juvenile Justice
for not more than forty-five days for evaluation, and the department shall
make a recommendation to the court before final disposition. The court
may waive in writing temporary commitment for evaluation if the
child:
(1) has been evaluated by a center 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.
All commitments to the custody of the department for delinquency as
opposed to the conviction of a specific crime may be made only for the
reasons and in the manner prescribed in Sections 20-7-400, 20-7-410,
20-7-430, 20-7-460, 20-7-600, 20-7-620, 20-7-740, 20-7-750, 20-7-760,
20-7-770, 20-7-780, 20-7-1330, 20-7-1340, and 20-7-1520 with
evaluations made and proceedings conducted only by the judges
authorized to order commitments in this section. When a child is
committed to the custody of the department, commitment must be for an
indeterminate sentence, not extending beyond the twenty-first birthday of
the child unless sooner released by the department, or for a determinate
commitment sentence not to exceed ninety days."
Time effective
SECTION 5. This act takes effect upon approval by the Governor.
Approved the 4th day of June, 1996. |