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"The Department of Probation, Parole and Pardon Services Community Supervision shall establish by regulation pursuant to the Administrative Procedures Act a definition of the term `public service work', and a mechanism for supervision of persons performing public service work."

SECTION 41. Section 24-23-130 of the 1976 Code, as last amended by Act 134 of 1991, is further amended to read:

"Section 24-23-130. Upon the satisfactory fulfillment of the conditions of probation or community supervision for a period of two years, the court may, with the recommendation of the agent in charge of the responsible county probation office, may terminate the probationer or supervised prisoner from supervision."

SECTION 42. Section 24-23-210(B) of the 1976 Code, as last amended by Section 41A, Part II, Act 171 of 1991, is further amended to read:

"(B) When a person is convicted, pleads guilty or nolo contendere, and is sentenced to payment of a fine or when a person forfeits bond to an offense within the jurisdiction of the court of general sessions, there is imposed an assessment, in addition to any other cost or fine imposed by law, in the sum of thirty dollars.

If an offender is sentenced to probation or imprisonment and probation without the imposition of a fine, the assessment must be collected by the clerk of court as a condition of probation. If a defendant is sentenced to imprisonment and is later released to the supervision of the Department of Probation, Parole, and Pardon Services Community Supervision and has not otherwise paid the assessment, the assessment must be collected as a condition of supervision, regardless of the type of original sentence imposed.

In any court, when When sentencing a person convicted of an offense which has proximately caused physical injury or death to the victim, the court may order the defendant to pay a restitution charge commensurate with the offense committed, not to exceed ten thousand dollars, to the Victim's Compensation Fund State Office of Victim Assistance. Any A circuit court judge may waive or suspend the imposition of all or part of the assessment made under this subsection upon finding that the assessment would place severe financial hardship upon the offender or his family."

"Assessments imposed as a condition of supervision upon release from prison as specified in Section 24-23-210 must be collected by the supervising agent who shall transmit those funds to the Department of Probation, Parole and Pardon Services Community Supervision where it must be deposited in to the State treasury Treasurer. The county treasurer, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer who shall deposit them in the state's general fund. Assessments collected by municipal courts must be paid monthly to the municipal financial officer who, after duly noting and recording the receipt of the payments, shall transfer those funds to the State Treasurer as provided in this section. From these funds, an amount equal to one-half of the amount deposited in fiscal year 1986-87 must be appropriated to the department for the purpose of developing and operating community corrections programs. The remainder of the funds must be deposited in the Victim's Compensation Fund. The director shall monitor the collection and reporting of these assessments imposed as a condition of supervision and assure that they are transferred properly to the State Treasurer."

SECTION 44. Article 7 of Chapter 21 of Title 24, Sections 24-1-200, 24-3-40, 24-3-50, 24-13-60, 24-13-270, 24-13-710, and 24-13-720 of the 1976 Code are repealed.

SECTION 45. The Code Commissioner is directed to change all references in the Code of Laws of South Carolina, 1976, 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" to the "Board of Pardons" and the "Department of Probation and Community Supervision" respectively.

SECTION 46. Upon approval by the Governor, this part takes effect July 1, 1995, and applies to all crimes committed on or after that date./

Renumber sections to conform.

Amend totals and title to conform.

Rep. WILKINS explained the amendment.

Rep. WHIPPER raised the Point of Order that Amendment No. 6 was out of order as it was not germane.

The SPEAKER inquired which part of the Bill did that.

Rep. WILKINS stated Section 4 was the part of the Bill dealing with that.

The SPEAKER inquired if the amendment related in anyway to either of the first two amendments adopted.

Rep. WILKINS stated that one of the amendments adopted dealt with the commission for promulgation of guidelines and sentencing policies and his amendment also had sentencing policies relating it to the other amendment.

The SPEAKER stated that in order for him to make a definitive ruling on the Point of Order that he would have to read the amendment and compare it to the Bill and he deferred the Ruling on the Point of Order and consideration of Amendment No. 6 until he could read the information.

Rep. McTEER moved to adjourn debate upon the Senate amendments.

Rep. HODGES moved to table the motion, which was agreed to by a division vote of 43 to 9.

Rep. PHILLIPS proposed the following Amendment No. 7 (Doc Name L:\council\legis\amend\GJK\20967SD.94), which was adopted.

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

SECTION (A) The General Assembly finds that a comprehensive approach is needed to attack the problems of juvenile crime and schoolhouse safety. This attack should be focused in three areas: collaboration to prevent school violence, parental responsibility, and judicial response. Recent legislation and procedures have established the precedent for addressing issues systemically. Solutions at the front end of problems rather than reactions after the fact have the best chance of making long-term differences. Pro-active prevention approaches, clear definition of the roles and responsibilities of schools and other local community agencies, parents who take responsibility for their child's

(B) The centerpiece proposal in the judicial response area referred to in subsection (A) involves the establishment of a `boot camp' approach for confined juveniles as an intermediate sanction for nonviolent offenders. This is designed to provide a short-term intensive intervention program for nonviolent juvenile offenders in a disciplined and controlled setting. The objectives of the boot camp program are to:

(1) protect the public;

(2) provide an intense correctional experience in a strict disciplined and controlled setting emphasizing an environment of work, physical training, and personal development programs to begin a process of change in juveniles attitudes and behaviors;

(3) provide effective post-release community supervision, reinforcing lifestyle changes, and redirecting the juveniles to law abiding, productive lives;

(4) provide restitution to the citizens of this State by means of community service work performed by the juveniles;

(5) build on previous success by incorporating the successful elements of existing programs such as community service, community supervision, and other positive alternatives;

(6) provide flexibility to adapt to the changing characteristics of juvenile offenders; and

(7) provide cost effectiveness through usage of community-based juvenile offender facilities that are less costly than traditional correctional facilities and by serving more juvenile offenders each year because of the shorter period of confinement.

SECTION . Title 59 of the 1976 Code is amended by adding:

Section 59-143-100. A statewide Schoolhouse Safety Resource Center at the State Department of Education is established in the manner the General Assembly shall provide in the annual general appropriations act. The center's mission, in cooperation with the Southern Region Violence and Substance Abuse Center, is to provide technical assistance and training to all schools regarding violence prevention and intervention, strategies for collaboration with appropriate agencies, crisis management planning, and preparation for using the judicial system. The center also shall disseminate information on the best practices in dealing with school crime.

Section 59-143-110. The State Department of Education through the Schoolhouse Safety Resource Center, in cooperation with the Southern Region Violence and Substance Abuse Center, shall establish by December 1, 1994, an evaluation procedure which includes the collection of data before the implementation of the programs provided for in Sections 59-143-130 and 59-143-140 so that the effects of the programs can be determined. The Schoolhouse Safety Resource Center shall work with the School Violence Prevention Advisory Committee provided for in Section 59-143-130 in determining the data collection procedure and the components of the external evaluation. The department shall conduct an external evaluation, to be completed by December 1, 1996, with an interim report of findings by June 1, 1995, consisting of identifying:

(1) the best practices for addressing the problems associated with student violence together with documented evidence of best practices as contained in appropriate literature and research;

(2) the best practices for addressing student violence in traditional school programs in this State including alternatives to suspension and expulsion; and

(3) effective initiatives in prevention and intervention including truancy prevention and a review of the Education Improvement Act attendance requirements.

Section 59-143-120. Based on the findings of the evaluation provided for in Section 59-143-110, the State Department of Education, through the Schoolhouse Safety Resource Center shall provide statewide school administrator training in the best practices for addressing student violence. The State Department of Education shall develop or select professional programs for faculty and designated staff of all schools to be trained in appropriate techniques, practices, and behavior to prevent student violence. Nonviolent problem solving curricula must be used in the professional development of the faculty and staff within a school to be applied in areas including, but not limited to:

(1) more effective adult interactions with students;

(2) adult modeling of nonviolent behaviors when problems erupt;

(3) expansion of wellness components in the comprehensive health curriculum promoting nonviolent living skills (as they apply to other appropriate school violence prevention) approaches; and

In implementing the provisions of this section, equal emphasis shall be placed in elementary, middle, and high schools.

Section 59-143-130. The State Department of Education, in cooperation with the Southern Region Violence and Substance Abuse Center, with the consent of the board of trustees of the applicable school districts, shall pilot different approaches to avoiding student violence by identifying cluster schools in urban and rural settings in high crime areas to serve as model projects for the prevention of school violence. Each cluster school must implement a specialized method of intervention or prevention in an intense three-year pilot project. An external evaluation of the process shall be conducted at the end of the third year of each pilot program by the State Department of Education through the Schoolhouse Safety Resource Center. A School Violence Prevention Advisory Committee consisting of service agency provider representatives including, but not limited to, representatives from the Department of Mental Health, the Department of Mental Retardation, the Department of Juvenile Justice, the Department of Health and Human Services, the Department of Social Services, the family court system, the Department of Health and Environmental Control, the Southern Region Violence and Substance Abuse Center, the State Department of Education, and local law enforcement officials, shall be convened by the State Law Enforcement Division. The committee, in conjunction with local schools boards of trustees, shall select the cluster schools to serve as pilot sites and shall work with each site to identify the approach to be implemented. The committee also shall assist in providing training and technical assistance to the cluster schools and shall monitor the progress of the programs on a regular basis during the three-year pilot period. Innovative techniques piloted may include peer mediation programs, school-within-a-school, intense volunteer mentoring, family focus groups, and other approaches that provide school outreach into neighborhoods. Peer mediators must have parental permission to participate in the peer mediation program. These pilot projects shall strive to make communities mirrors of safe schools rather than schools mirroring the violence in society.

Section 59-143-140. Each school district of this State shall institute in every school case management teams. The teams should consist of teachers, school administrators, parents, counselors, and representatives of health and social service agencies to work as units on behalf of students displaying signs of recurrent aggressive and violent behavior. The State

Section 59-143-150. Based on format recommendations from the School Violence Prevention Advisory Committee as established in Section 59-143-130, a cooperating team consisting of representatives of all local health and human service agencies in a county, including representatives from all school districts located within the county, shall be convened by the sheriff's office in each county to coordinate services designed to prevent school violence. In addition, the cooperating team shall develop a service coordination matrix. The service coordination matrix must outline services provided by agencies in response to risk factors identified by the committee. The sheriff's office in each county will submit a copy of the service coordination matrix, once completed, to the School Violence Prevention Advisory Committee.

Section 59-143-160. In conjunction with the Department of Corrections, the Department of Juvenile Justice, and the Southern Region Violence and Substance Abuse Center, the State Department of Education shall develop conflict resolution strategies to be taught to juveniles and young adults sentenced as youthful offenders in correctional facilities. These conflict resolution strategies also shall be offered as training programs to other public and private organizations for their use.

Section 59-143-300. Each school district shall establish a procedure for the schools in the district to convene a case management team to assist children identified as in need of guidance or counseling to prevent violent behavior. Parents of children identified as candidates for case management shall be required to participate in case management meetings and in seeking services recommended by the case management team. If a parent or guardian fails to comply with the request from a school to participate in the case management meetings or in seeking services, the school principal or his designee may apply to the family court for a summons ordering the parent or guardian to appear before the family court to explain the reason for such failure. The summons shall be issued upon request in the same manner that jury summons are issued. Failure to

Section 59-143-310. The State Board of Education shall promulgate regulations requiring the parenting, family literacy, and parental involvement programs mandated by the Early Childhood Development and Academic Assistance Act to include instruction in nonviolent living skills.

Section 59-143-500. In conjunction with the State Department of Education and the South Carolina Bar, the judicial department shall develop and annually offer continuing legal education seminars to attorneys licensed to practice in this State in issues of youth violence. The General Assembly expresses its desire that the Supreme Court in mandating annual continuing legal education requirements require attorneys practicing in the field of family law to complete at least one hour annually in courses relating to youth violence.

Section 59-143-510. School officials must report to appropriate law enforcement agencies any Level III criminal behavior by a student as defined by regulations of the State Department of Education."

SECTION . (A) Section 20-7-3210 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 20-7-3210. The department shall provide such community services as the director shall assign to it which shall include, but not be limited to, the following:

(a) Family Court intake screening and referral counseling;

(b) serving, advising and counseling children placed on probation by the Family Court;

(c) serving, advising and counseling of children in the various institutions as may be necessary to the placement of the children in proper environment after release and the placement of children in suitable jobs where necessary and proper;

(d) supervising and guiding of children released or conditionally released from institutions;

(e) counseling children released or conditionally released by the parole board;

(f) coordinating the activities of supporting community agencies which aid in the social adjustment of children released by the parole board;

(g) providing or arranging for necessary services leading to the rehabilitation of delinquents either within the department or through cooperative arrangements with other appropriate agencies;

(i) providing detention screening services when a child is taken into custody for violation of a law or ordinance as provided in subsections (a) and (b) of Section 20-7-600;

(j) providing prevention services to include short and long range planning, establishing statewide priorities and standards, development of public awareness programs, and technical assistance to local government in the development of prevention programs;

(k) providing for the development of secure and nonsecure alternatives to jail;

(l) providing for a variety of community-based programs to augment regular probation services, such as volunteer services, restitution, community work programs, family counseling and contract probation with specific sanctions for various types of behavior;

(m) providing for a variety of community-based programs to serve as alternatives to institutions, such as halfway houses, work release, intensive probation, restitution, forestry and wilderness camps, residential boot camp programs which include an intensive supervision aftercare component, marine science programs, and other residential and nonresidential programs;

(n) providing for programs to divert juveniles, where proper and appropriate, from the juvenile justice system."

(B) The 1976 Code is amended by adding:

"Section 20-7-3215. (A) The Department of Juvenile Justice shall establish a self-contained residential boot camp program for juveniles adjudicated delinquent and committed to the department. The boot camp program shall provide to the juveniles a highly structured and disciplined setting, a program of physical activity, work, and drill which emphasizes rehabilitation, education, self-sufficiency, and personal development of the juveniles and positive active intervention and interaction between the staff and juveniles.

(B) Juveniles adjudicated delinquent for nonviolent criminal acts which occur in or around school property shall be given priority consideration for transfer into the department's boot camp program. Juveniles adjudicated delinquent for violating Section 16-23-430 who are otherwise eligible to be transferred into this program shall be committed to the Department of Juvenile Justice and shall serve sixty days in the department's boot camp program. In addition, to be eligible to be

(1) be between the ages of twelve and seventeen years at the time of commitment;

(2) have been adjudicated for a nonviolent crime or burglary in the first or second degree;

(3) have a minimum parole guideline of twelve months or less;

(4) not have been transferred on a previous commitment to the boot camp program or a similar program;

(5) be physically and mentally able to participate in the program; and

(6) not have been specifically excluded from participating in the boot camp program by the family court at the time of commitment.

(C) A juvenile may be transferred to the Department of Juvenile Justice's Boot Camp Program either at the time of commitment or at any time prior to the juvenile reaching his minimum parole guidelines.

(D) The Director of the Department of Juvenile Justice shall transfer juveniles to this program based upon the recommendation of a Boot Camp Screening Committee which shall utilize a risk classification instrument in making its recommendations to the director. Juveniles who successfully complete this sixty-day program must be granted a conditional release from their commitment to the Department of Juvenile Justice. Juveniles who fail to successfully complete this program shall be transferred, consistent with due process, to a secure correctional facility operated by the department.

(E) Upon successful completion of this program and release of the juvenile by the Board of Juvenile Parole the juvenile shall be placed under intensive supervision in the juvenile's home community for up to three months and thereafter placed on regular parole supervision. Intensive supervision requires between four to seven contacts a week with the juvenile by the Department of Juvenile Justice.

(F) Transfer to the Boot Camp Program is a privilege and shall be on a space available basis. A juvenile has no right to participate in such a program or to continue to participate in such a program if his behavior is inappropriate."

(C) The 1976 Code is amended by adding:

"Section 20-7-1351. In addition to the jurisdiction of the family court as provided in Article 5 of this chapter, the family court has jurisdiction to order parents of children identified as in need of services or counseling to prevent violent behavior to appear before it, and upon finding that the child's behavior can be changed, the court may order an assessment of the

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