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The amendment was then adopted.

Rep. HUFF proposed the following Amendment No. 66 (Doc Name L:\council\legis\amend\CYY\16138AC.94), which was adopted.

Amend the bill, as and if amended, Section 59-17-130, by inserting after /at risk children/ on line 36, page 25 /, as defined by the department in regulation,/.

Amend title to conform.

Rep. HUFF explained the amendment.

The SPEAKER Pro Tempore granted Rep. RHOAD a leave of absence for the remainder of the day.

Rep. HUFF continued speaking.

The amendment was then adopted.

Rep. HUFF proposed the following Amendment No. 67 (Doc Name L:\council\legis\amend\CYY\16137AC.94), which was tabled.

Amend the bill, as and if amended, by deleting Section 18 of the bill.

Renumber sections to conform.

Amend title to conform.

Rep. HUFF explained the amendment.

Rep. BAXLEY raised the Point of Order that Amendment No. 67 was out of order as it was the same as a previous amendment, Amendment No. 3, which had been negatived by the House.

Rep. FAIR stated that Amendment No. 3 included Section 18.

Rep. HUFF stated that the amendment offered by Rep. Fair included several other sections in its entirety. He further stated that there may have been certain sections offered by the amendment that members supported but did not support the entire amendment and that this was a different amendment with a new option to vote on a specific section.

SPEAKER Pro Tempore WILKINS stated that Amendment No. 3 struck five sections and this amendment only dealt with Section 18 and he overruled the Point of Order.

Rep. WHIPPER moved to table the amendment, which was agreed to.

Rep. HUFF proposed the following Amendment No. 68 (Doc Name L:\council\legis\amend\CYY\16136AC.94), which was adopted.

Amend the bill, as and if amended, Section 59-66-60, by deleting on page 17, beginning on line 39 /includes, but is not limited to,/ and inserting /means/.

Amend title to conform.

Rep. HUFF explained the amendment.

The amendment was then adopted.

Rep. HUFF proposed the following Amendment No. 69 (Doc Name L:\council\legis\amend\CYY\16135AC.94), which was tabled.

Amend the bill, as and if amended, Section 59-66-50(A), by deleting on page 16, line 32 /in all grades/ and inserting /in grades 6-12/.

Amend further, Section 59-66-50(C), by deleting on page 17, line 17 /in all grades/ and inserting /in grades 6-12/.

Amend title to conform.

Rep. HUFF explained the amendment.

Rep. HODGES spoke against the amendment.

Rep. HUFF spoke in favor of the amendment.

Rep. WHIPPER spoke against the amendment.

Rep. HODGES moved to table the amendment, which was agreed to by a division vote of 51 to 31.

Rep. MARCHBANKS moved that the House do now adjourn.

Rep. HODGES demanded the yeas and nays, which were taken resulting as follows:

Those who voted in the affirmative are:

Brown, J.        Byrd             Cobb-Hunter
Fair             Felder           Hallman
Harrell          Kennedy          Klauber
Koon             Littlejohn       Marchbanks

McAbee           Moody-Lawrence   Neal
Robinson         Rudnick          Smith, D.
Stille           Trotter          Vaughn
Waites           Wilder, D.       Wilkes
Wilkins

Those who voted in the negative are:

Alexander, M.O.  Alexander, T.C.  Allison
Askins           Baker            Barber
Baxley           Boan             Breeland
Brown, H.        Cato             Cooper
Corning          Cromer           Davenport
Fulmer           Gamble           Gonzales
Govan            Graham           Harrelson
Harris, J.       Harrison         Harwell
Haskins          Hodges           Huff
Hutson           Inabinett        Jaskwhich
Jennings         Keegan           Kelley
Keyserling       Kirsh            Lanford
Martin           McCraw           McTeer
Meacham          Neilson          Phillips
Quinn            Riser            Rogers
Scott            Shissias         Simrill
Smith, R.        Stuart           Thomas
Tucker           Walker           Wells
Whipper          White            Wilder, J.
Witherspoon      Wofford

So, the House refused to adjourn.

Rep. TUCKER proposed the following Amendment No. 73 (Doc Name L:\council\legis\amend\CYY\16104AC.94), which was adopted.

Amend the bill, as and if amended, by adding an appropriately numbered section to read:

/SECTION__. Section 17-22-60 of the 1976 Code, as last amended by Act 499 of 1992, is further amended to read:

(1) The offender is seventeen years of age or older;

(2)(1) there is substantial likelihood that justice will be served if the offender is placed in an intervention program;

(3)(2) it is determined that the needs of the offender and the State can better be met outside the traditional criminal justice process;

(4)(3) it is apparent that the offender poses no threat to the community;

(5)(4) it appears that the offender is unlikely to be involved in further criminal activity;

(6)(5) the offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;

(7)(6) the offender has no significant history of prior delinquency or criminal activity.;

(8)(7) The offender has not previously been accepted in a pretrial intervention program.

(B) When jurisdiction in a case involving a child sixteen years of age or older is acquired by the circuit court pursuant to Section 14-21-540 of the 1976 Code, the provision of item (1) of subsection (A) of this section shall not be applicable."/

Amend title to conform.

Rep. TUCKER explained the amendment.

The amendment was then adopted.

Reps. HODGES and MARTIN proposed the following Amendment No. 74 (Doc Name L:\council\legis\amend\CYY\16116AC.94), which was adopted.

Amend the bill, as and if amended, Section 20-7-600(F), by deleting line 11, on page 11 and inserting:

/(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./

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

The SPEAKER granted Rep. KENNEDY a leave of absence for the remainder of the day.

Reps. HODGES and MARTIN proposed the following Amendment No. 75 (Doc Name L:\council\legis\amend\CYY\16109AC.94), which was adopted.

Amend the bill, as and if amended, by deleting Section 10 and inserting:

/SECTION 10. Section 20-7-1330(c), as last amended by Act 615 of 1988, is further amended to read:

"(c) commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children or to place them in family homes or under the guardianship of a suitable person. Commitment must be for an indeterminate period but in no event beyond the child's twenty-first birthday. However, if the child has been adjudicated delinquent for committing a violent offense as defined in Section 16-1-60, the court, in conjunction with the indeterminate sentence, may commit the juvenile to a public or private institution for a determinate period not to exceed two years and during the determinate period the child must not be released;"/

Amend title to conform.

Rep. MARTIN explained the amendment.

The amendment was then adopted.

Rep. MATTOS proposed the following Amendment No. 77 (Doc Name L:\council\legis\amend\CYY\16140AC.94), which was adopted.

Amend the bill, as and if amended, Section 20-7-780(B), by inserting after /child/ on page 36, line 1 /under fourteen years of age who is/.

Amend further, Section 20-7-780(B), by adding an appropriately numbered item to read:

/( ) being a Peeping Tom as defined in Section 16-17-470./.

Amend: That treatment be mandated for persons convicted.

Renumber items to conform.

Amend title to conform.

Rep. MATTOS explained the amendment.

The amendment was then adopted.

Amend the bill, as and if amended, in SECTION 2(1), as contained in Division I, page 5, by striking lines 17 through 21 and inserting:

/number of its secure bed facilities in Columbia and opening smaller sized, secure community facilities. Each secure community facility also shall provide pre-adjudicatory detention facilities in agreement with county plans./

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. HODGES spoke against the amendment.

Rep. MARTIN moved to table the amendment, which was agreed to.

Rep. NEAL proposed the following Amendment No. 79 (Doc Name L:\council\legis\amend\JIC\5970HTC.94), which was tabled.

Amend the bill, as and if amended, page 7, by striking SECTION 7 in its entirety.

Renumber sections to conform.

Amend title to conform.

Rep. NEAL explained the amendment.

Rep. MARTIN moved to table the amendment, which was agreed to by a division vote of 48 to 17.

Rep. HODGES proposed the following Amendment No. 81 (Doc Name L:\council\legis\amend\CYY\16171AC.94), which was adopted.

Amend the bill, as and if amended, Section 20-7-430(1), as contained in Section 8 of the bill, by deleting lines 28-29 on page 8 and inserting:

/order the minor child to be taken forthwith immediately to the a place of detention designed authorized under Section 20-7-3230 by the court or to that the family court itself,/.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Reps. SCOTT and HODGES proposed the following Amendment No. 82 (Doc Name L:\council\legis\amend\CYY\16174AC.94), which was adopted.

/SECTION . Section 20-7-600 of the 1976 Code is amended by adding an appropriately lettered subsection to read:

"( ) If a child is found violating compulsory school attendance laws without reasonable justification, the child must be taken into custody by law enforcement for the purpose of transporting the child to school. The taking of a child into custody pursuant to this subsection must not be termed an arrest."/

Renumber sections to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. HUFF moved to table the amendment, which was not agreed to by a division vote of 27 to 47.

The question then recurred to the adoption of the amendment, which was agreed to.

Reps. SCOTT and HODGES proposed the following Amendment No. 83 (Doc Name L:\council\legis\amend\CYY\16173AC.94), which was adopted.

Amend the bill, as and if amended, by inserting on page 19, line 8:

/Section 59-66-70. (A) There is created the Volunteer Mentor Program to be administered by the Department of Education. The purpose of the program is to promote the establishment of local programs whereby at-risk children are matched with adult volunteers on a one-to-one basis.

(B) The objectives of the program are to:

(1) reduce juvenile crime in local communities served by the program;

(2) recruit community volunteers to provide positive adult role models for at-risk children;

(3) improve the academic performance of students participating in the program; and

(4) meet the physical, intellectual, emotional, and social needs of students participating in the program and improve their attitudes and behavior.

(C) As used in this section, `at-risk children' means children under the age of twenty-one, who have been referred:

(1) directly by local law enforcement, family court, appropriate state agencies, or the local school district; or

(2) to family court during the immediately preceding twelve months.

(E) Each local program must have at least a part-time program director who is responsible for:

(1) recruiting volunteers;

(2) screening volunteers;

(3) training or facilitating training of volunteers;

(4) matching volunteers with at-risk children;

(5) supervising volunteers;

(6) providing or arranging support services and group activities;

(7) working with the program's governing board or authority or advisory committee;

(8) evaluation of the program; and

(9) record-keeping.

(F) The General Assembly annually shall provide funds in the general appropriations act for the administration of the program at the State level and for grants to be awarded for the salary of local program directors. It is the intent of the General Assembly that grants for local part-time program directors be reduced in proportion to grants for full-time directors. It is also the intent of the General Assembly that local programs be supported in part by local grants and donations, in-kind contributions, federal funds, and other funds which are not state funds.

(G) The Department of Education shall serve as the lead State agency for collecting information and reporting to the General Assembly by February 15, 1995 on sources of funds other than State funds, which may be used to offset the cost of the program at the state and local level. All agencies of the State are directed to assist and cooperate with the Department of Education.

(H) Grant recipients may be:

(1) state agencies, county agencies, or school districts or a consortium of a combination of state agencies and county agencies and school districts; or

(2) non-profit 501 (c)(3) entities or a consortium consisting of one or more 501 (c)(3) entities.

(I) The Department of Education shall:

(1) disseminate information regarding the program to interested groups;

(3) provide technical assistance to grant applicants and ongoing technical assistance as grants are implemented;

(4) administer funds appropriated by the General Assembly;

(5) monitor the grants funded;

(6) revoke a grant if necessary or appropriate;

(7) develop and implement an evaluation system that assesses the efficiency and effectiveness of the program and provide information on how to improve and refine the program;

(8) report annually to the General Assembly on program implementation and the results of the department's evaluation of the program;

(9) promulgate regulations necessary to implement the program including, but not limited to:

(a) qualifications for local program directors;

(b) training for program directors and volunteers;

(c) requirements related to program directors' supervision of volunteers;

(d) criteria for children's admission to the program;

(e) required performance levels for a grant recipient to continue to receive an award;

(f) requirements for screening volunteers;

(g) procedures to be followed in developing and submitting applications; and

(h) criteria for selection of grant recipients;

(10) award grants.

(J) A 501(c)(3) entity or consortium that receives a grant under this section must report to the Department of Education on the implementation of the program. The report must provide information required by the Department of Education to allow the department to evaluate the program./

Amend further, page 39, Section 35, by adding an appropriately numbered item to read:

/( ) Sections 59-66-70(A), (B), (C), (D), (E), (F), (H), (I), and (J)./

Renumber items to conform.

Amend title to conform.

Rep. SCOTT explained the amendment.

Rep. MEACHAM moved to table the amendment, which was not agreed to by a division vote of 28 to 38.

Rep. SIMRILL proposed the following Amendment No. 84 (Doc Name L:\council\legis\amend\CYY\16175AC.94), which was adopted.

Amend the bill, as and if amended, by deleting Section 33 and inserting:

/SECTION 33. Section 20-7-3300 of the 1976 Code, as last amended by Section 328, Act 181 of 1993, is further amended to read:

"Section 20-7-3300. Records and information of the department pertaining to juveniles are confidential as provided in Section 20-7-780. However, where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit information and records to another department, or agency, or school district of state or local government, or to a school district or to a private institution or facility licensed by the State as a child serving organization, where the information is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. If requested, records a juvenile has been adjudicated and committed to the Department of Juvenile Justice for having committed:

(1) a violent crime as defined in Section 16-1-60;

(2) a crime in which an illegal weapon was used;

(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or

(4) an alcohol-related offense for which the penalty is more than one year, the record and information provided to a public or private school by the Department of Juvenile Justice must include in the case of an individual who has been adjudicated for having committed a violent crime, as defined in Section 16-1-60, the unlawful use of possession of a weapon, assault and battery of a high and aggravated nature, or the unlawful sale of drugs whether or not it is considered to be drug trafficking, a copy of, and, if requested, information pertaining to that person's juvenile criminal record. A request for The department must provide the information must be in writing from to the principal of the school the juvenile is attending or seeking to attend and must contain the juvenile's name, address, and social security number as contained in the records of the school district. If a juvenile has been adjudicated and committed to the Department of Juvenile Justice for such an offense enumerated in this section, the person's juvenile criminal record must be provided by the Department of

Amend title to conform.

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