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"Section 24-13-1530. (A) Notwithstanding any another provision of law which requires mandatory incarceration, electronic and nonelectronic home detention programs may be used as an alternative to incarceration for low risk, nonviolent adult and juvenile offenders as selected by the court, provided if there is a home detention program available in the jurisdiction. Applications by offenders for home detention may be made to the court as an alternative to the following correctional programs:

(1) pretrial or preadjudicatory detention;

(2) probation (intensive supervision);

(3) community corrections (diversion);

(4) parole (early release);

(5) work release;

(6) institutional furlough;

(7) jail diversion; or

(8) shock incarceration.

(B) Local governments also may establish by ordinance the same alternative to incarceration for persons who are awaiting trial and for offenders whose sentences do not place them in the custody of the Department of Corrections. Counties and municipalities may develop home detention programs according to the Minimum Standards for Local Detention Facilities in South Carolina which are established pursuant to Section 24-9-20 and enforced pursuant to Section 24-9-30."

Z. Section 24-13-1560 of the 1976 Code, as last amended by Act 594 of 1990, is further amended to read:

"Section 24-13-1560. The participant shall use an approved electronic monitoring device as if instructed by the department at all times to verify his compliance with the conditions of his detention and shall maintain a monitoring device in his home or on his person."

CC. Section 40-5-310 of the 1976 Code is amended to read:

"Section 40-5-310. No person shall may practice or solicit the cause of any other another person in any a court of this State unless he has been

DD. Section 41-27-260(10) of the 1976 Code is amended to read:

"(10) For the purposes of items (2) and (3) of Section 41-27- 230(2) and (3), the term `employment' shall does not include service performed:

(a) Service performed in the direct employ of a church, or convention, or association of churches, or an organization which is operated primarily for religious purposes and which is operated, supervised, controlled, or principally supported by a church, or convention, or association of churches; or

(b) Service performed by a duly an ordained, a commissioned, or a licensed minister of a church in the exercise of his ministry or by a member of a religious order in the exercise of duties required by such the order; or

(c) Service performed in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age, or physical or mental deficiency, or injury or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed readily in the competitive labor market by an individual receiving such rehabilitation or remunerative work; or

(d) Service performed prior to before January 1, 1978, for a hospital in a state prison or other state correctional institution by an inmate of the prison or correctional institution and after December 31, 1977, by an inmate of a custodial or penal institution; or

(e) Service performed as part of an unemployment work-relief or work-training program assisted or financed in whole or in part by any a federal agency, or an agency or political subdivision of a state, or political subdivision thereof, by an individual receiving such work relief or work training, unless a federal law, rule, or regulation mandates unemployment insurance coverage to individuals in a particular work-relief or work-training program; or

(f) by an inmate who participates in a project designated by the Director of the Bureau of Justice Assistance pursuant to Public Law 90-351."

EE. Subsection (C), Section 1617, Act 181 of 1993, is amended to read:

FF. Chapter 26 of Title 24, Sections 24-3-35, 24-7-10, 24-7-20, 24-7-30, 24-7-40, 24-7-50, 24-7-90, and 24-7-100 of the 1976 Code are repealed.

GG. No later than the first day of the 1995 Legislative Session, the Department of Corrections shall submit to the General Assembly a detailed and comprehensive report on:

(1) the current status of the prison industries and agricultural programs and the litter control program and recommendations necessary to expand the litter control program;

(2) the potential market that exists for prison industries products or services;

(3) the participation by offices, departments, institutions, or agencies supported in whole or in part by this State or its political subdivisions in purchasing goods and services currently provided by prison industries and recommendations for increasing the purchasing;

(4) a listing of known products, goods, or services currently manufactured or produced by offices, departments, institutions, or agencies supported in whole or in part by this State or its political subdivisions which could be evaluated for adoption into the prison industries program;

(5) a plan to establish, transfer, and close certain prison industries operations to adjust to actual or potential market demand for particular products or services and maximize opportunities for gainful work for inmates;

(6) a plan to promote, plan, and when considered advisable, assist in the location of privately owned and operated industrial enterprises which would utilize inmate labor on the grounds of adult correctional institutions;

(7) the need, if any, for the creation of an advisory board to establish and promote prison industries and services programs.

HH. Subject to the availability of funds, the South Carolina Code Commissioner shall change all references to the "Board of Probation, Parole and Pardon Services" and the "Probation, Parole and Pardon Board", or to the "Department of Probation, Parole and Pardon Services" and the "Department of Probation, Pardon and Parole" in the 1976 Code to the "Board of Pardons" and the "Department of Probation and Community Supervision" respectively.

Renumber sections to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. HODGES proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\CYY\16305AC.94), which was adopted.

Amend the bill, as and if amended, by deleting Sections 22-27 and 29-32.

Amend further by designating Sections 1-40 of this bill as Part I "Criminal Justice Reform".

Amend further, Section 40, page 26, line 18, by deleting /act/ and inserting /part/.

Amend further by adding:

SECTION 1. This part may be cited as the "School Safety and Juvenile Justice Reform Act of 1994".

SECTION 2. Before January 1, 1995, the Department of Juvenile Justice shall develop a long-term plan to be phased in over the next five years beginning on July 1, 1995 which:

(1) Decentralizes the centralized Department of Juvenile Justice facilities in Columbia and reduce the number of secure beds utilized for nonviolent, nonrepeat offenders through the use of programs involving more intense supervision and treatment services at the community level. The department shall consider closing a significant number of its secure bed facilities in Columbia and opening smaller sized, regional secure facilities in at least four areas of the State: the Upstate, the Midlands, the Low Country, and the Pee Dee. Each regional secure facility also shall provide pre-adjudicatory detention facilities in agreement with county or regional plans.

(2) Explores the possibility of leasing some of its facilities, which would close with decentralization of the Columbia facilities, to the

(3) Includes alternatives to incarceration for those juveniles under the supervision of the department but not adjudicated delinquent for the commission of violent offenses as defined in Section 16-1-60. The alternatives to incarceration shall maximize integrated, highly individualized home, school, and neighborhood based services and programs and shall include the purchase of diversified services on the community level. These services and programs shall include, but are not limited to, juvenile arbitration, mentor homes, halfway homes, wilderness experiences, diversion programs such as family group conferences, day treatment centers, after school reporting systems and supervision, electronic monitoring, community service work programs, teen court programs, restitution programs, and intensive supervision including electronic monitoring, counseling, home visits, school visits, group counseling, urinalysis, and phone calls all on an ongoing basis and staffed seven days a week, twenty-four hours a day.

(4) Includes a budget which reflects a shift from spending monies to support the large facilities in Columbia to spending monies to enhance and support the personnel and programs on a local level. The budget shall reflect innovative management practices and the use of objective criteria, such as a risk assessment grid, for placement decisions. The department shall explore the development and use of Medicaid reimbursable programs for the therapeutic treatment of its clients.

(5) Includes, to a much greater degree, the use of community based and nonresidential evaluation centers.

(6) Includes, in conjunction with the circuit solicitors and the family court, programs to be presented annually in every middle and high school in the State to educate the students on the consequences of committing delinquent and criminal acts.

SECTION 3. The 1976 Code is amended by adding:

"Section 20-7-753. (A) In a juvenile delinquency proceeding before the family court, the court may designate a state agency as the lead agency to provide a family assessment to the court. The assessment shall include, but is not limited to, the strengths and weaknesses of the family, problems interfering with the functioning of the family and with the best interests of the child, and recommendations for a comprehensive service plan to strengthen the family and assist in resolving these issues.

(B) The lead agency shall provide the family assessment to the court in a timely manner and the court shall conduct a hearing to review the proposed plan and adopt a plan as part of its order that will best meet the

(1) additional testing or evaluation that may be needed;

(2) economic services including, but not limited to, employment services, job training, food stamps, and aid to families with dependent children;

(3) counseling services including, but not limited to, marital counseling, parenting skills, and alcohol and drug abuse counseling;

(4) and any other programs or services appropriate to the child's and family's needs.

(C) The lead agency is responsible for monitoring compliance with the court ordered plan and shall report to the court at such times as the court requires."

SECTION 4. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:

"( ) to require the parent of a child brought before the court for adjudication of a delinquency matter and agencies providing services to the family to cooperate and participate in a plan adopted by the court to meet the needs and best interests of the child and to hold a parent or agency in contempt for failing to cooperate and participate in the plan adopted by the court."

SECTION 5. Section 20-7-3230(5) of the 1976 Code is amended by adding at the end:

"The Department of Juvenile Justice shall provide educational programs and services to all preadjudicatory juveniles in its custody. County and regionally operated facilities shall provide these services to all preadjudicatory juveniles who are detained locally for more than twenty-four hours, excluding weekends and state holidays, by contracting with the Department of Juvenile Justice or by arranging the services through the local school district in which the facility is located. Services which are arranged locally must be approved by the Department of Juvenile Justice as meeting all criteria developed under the authority of Section 20-7-3240."

SECTION 6. Section 16-23-430(2) of the 1976 Code, as last amended by Section 48, Act 184 of 1993, is further amended to read:

"(2) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one three thousand dollars or imprisoned not more than five years, or both. Any A

SECTION 7. Section 20-7-390 of the 1976 Code is amended to read:
"Section 20-7-390. When used in this article, unless the context otherwise requires, `child' means a person less than seventeen years of age, where the child is dealt with as a juvenile delinquent. `Child' does not mean a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more. However, a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more may be remanded to the family court for disposition of the charge at the discretion of the solicitor. Where the child is dealt with as a dependent or neglected child the term `child' shall mean means a person under eighteen years of age."

SECTION 8. Section 20-7-430 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:

"Section 20-7-430. Jurisdiction over a case involving a juvenile may child must be transferred in the following instances or retained as follows:

(1) If, during the pendency of a criminal or quasi-criminal charge against any minor a child in a circuit court of this State, it shall be is ascertained that the minor child was under the age of seventeen years at the time of committing the alleged offense, it shall be is the duty of such the circuit court forthwith immediately to transfer the case, together with all the papers, documents, and testimony connected therewith with the case, to the family court of competent jurisdiction, except in those cases where the Constitution gives to the circuit court exclusive jurisdiction or in those cases where jurisdiction has properly been transferred to the circuit court by the family court under the provisions of this section. The court making such the transfer shall 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, or shall release such minor the child to the custody of some suitable person to be brought before the court at a time designated. The court shall then shall proceed as provided in this article. Notwithstanding any other provision of law, the provisions of this This section shall be is applicable to all existing offenses embraced therein, irrespective of whether such offenses may be directed solely at children coming within the scope of this article and shall likewise be applicable and to such offenses as shall be

(2) Whenever If a person child is brought before a magistrate or city recorder and, in the opinion of the magistrate or city recorder, the person child should be brought to the family court of competent jurisdiction under the provisions of this section, the magistrate or city recorder shall thereupon transfer such the case to the family court and direct that the persons child involved be taken thereto to the family court.

(3) When If an action is brought in any county court or a circuit court which, in the opinion of the judge thereof, falls within the jurisdiction of the family court, he the judge may transfer the action thereto upon his the judge's own motion or the motion of any party.

(4) If a child sixteen years of age or older is charged with an offense which if committed by an adult would be a misdemeanor, or a Class E or F felony as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of ten years or less if committed by an adult and if the court, after full investigation, deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offense if committed by an adult.

(5) If a child fourteen or fifteen years of age who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual conduct or robbery and is currently charged with a third or subsequent such offense an offense which if committed by an adult would be a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more, the court, may after full investigation and hearing, if it deems may determine it contrary to the best interest of such the child or of the public to retain jurisdiction,. The court, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offenses if committed by an adult.

(6) Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual conduct, the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. If the request is denied, the petitioner

(7) Once the family court relinquishes its jurisdiction over the child and the child is bound over to be treated as an adult, the provisions of Section 20-7-780 dealing with the confidentiality of identity and fingerprints will is not be applicable.

(8) When jurisdiction is relinquished by the family court in favor of another court, the court shall have has full authority and power to grant bail, hold a preliminary hearing, and any other powers as now provided by law for magistrates in such these cases.

(9) If a child fifteen fourteen years of age or older is charged with a violation of Section 16-23-430(1), Section 16-23-20, assault and battery of a high and aggravated nature, or Section 44-53-445, the court may, after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses offense if committed by an adult."

SECTION 9. Section 20-7-600(F) and (H) of the 1976 Code, as last amended by Section 282, Act 181 of 1993, is further amended to read:

"(F) When the authorized representative of the Department of Juvenile Justice determines that placement of a juvenile outside the home is necessary, he the representative 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

(i) there is clear and convincing evidence to establish a risk of flight, or 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. 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.;

(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.

(H) If the authorized representative of the Department of Juvenile Justice has not released the child to the custody of his the child's parents or other responsible adult, the court shall hold a detention hearing within twenty-four 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 as well as determining 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 it to exceed its design and operational capacity, the family court shall order the detention of the juvenile in that facility. Periodic reviews of the detention order must be conducted in accordance with the rules of practice in a family court. However, a juvenile must not be detained in secure confinement in excess of ninety days. 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,

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