Journal of the House of Representatives
of the Second Session of the 110th General Assembly
of the State of South Carolina
being the Regular Session Beginning Tuesday, January 11, 1994

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(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 Department of Corrections and using the lease money to help fund the decentralized and reoriented Department of Juvenile Justice budget.

(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

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in the State to educate the students on the consequences of committing delinquent and criminal acts.

SECTION 64. 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 needs and best interest of the child. In arriving at a comprehensive plan, the court shall consider:

(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 65. 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. In imposing its contempt powers the Family Court must take into consideration mitigating circumstances including the parent's or legal custodian's participation in the treatment plan, the level of services being offered by the lead and participating agencies, and the level of cooperation by the lead and participating agencies as the court may deem appropriate."

SECTION 66. Section 20-7-3230(5) of the 1976 Code is amended by adding at the end:

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"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 67. The 1976 Code is amended by adding:

"Section 59-66-20. (A) The General Assembly annually shall provide funds in the general appropriations act to be awarded to school districts which choose to employ safety coordinators in accordance with this section. State funds may be awarded for not more than one safety coordinator for each county. The amount of the award for a county for fiscal year 1995-96 may not exceed twenty-five thousand dollars, except for counties which are designated as economically distressed pursuant to Section 41-43-180. Economically distressed counties participating in the program shall receive additional state funds for fiscal year 1995-96 in the amount of five thousand, five hundred dollars. The amount which may be awarded for a county, including the additional state funds for economically distressed counties, must be increased each fiscal year after 1995-96 by the same percentage as the average teacher salary.

(B) An award of state funds to school districts under this program is contingent upon a district or group of districts jointly matching the state grant with an equal amount of funds and in kind contributions; however, school districts located primarily within an economically distressed county are not required to match any portion of the state grant. Additionally, funds only may be awarded where the duties of the safety coordinator relate exclusively to school and district safety functions. It is the intent of the General Assembly that the safety coordinator have a strong background in law enforcement, safety matters, or coordination of relevant services.

(C) If a county consists of more than one school district, any or all school districts within the county may apply jointly for funds for a safety coordinator. Each participating school district must provide a portion of the local matching funds based upon the relationship the district's student membership bears to the total student membership of all participating districts within the county. Nonparticipating school districts in multi-district counties may begin participation in the program by

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contributing to the local match in the same manner as those school districts originally participating in the program.

(D) When more than one school district in a multi-district county is provided funds under this section, the safety coordinator must be an employee of the school district with the largest student membership during the immediately preceding school year, unless the participating school districts have a memorandum of agreement providing otherwise; however, the safety coordinator must provide services to all participating school districts.

(E) For purposes of this section, `student membership' means the cumulative one hundred thirty-five day average daily membership during the immediately preceding school year.

(F) The State Board of Education, through the State Department of Education, shall develop and implement regulations establishing the safety coordinator grant program.

SECTION 68. The 1976 Code is amended by adding:

"Section 59-66-30. (A) Using funds appropriated by the General Assembly, each public middle, junior high, and high school in the State must be equipped with one hand-held metal detector.

(B) In consultation and cooperation with the Office of the Attorney General and the State Law Enforcement Division, the State Department of Education shall provide training in the use of hand-held metal detectors to school officials who shall use the equipment.

(C) The State Board of Education, through the State Department of Education, shall promulgate regulations to implement this section."

SECTION 69. Section 20-7-600 of the 1976 Code, as last amended by Section 282, Act 181 of 1993, is further amended by adding an appropriately numbered subsection to read:

"( ) When a child is taken into custody by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including traffic or wildlife violations over which courts other than the family court have concurrent jurisdiction as provided for in Section 20-7-410, the law enforcement officer also shall notify the principal of the school in which the child is enrolled of the nature of the offense. This information may be used by the principal for monitoring and supervisory purposes but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-780."

SECTION 70. Section 20-7-3230(4) of the 1976 Code, as last amended by Act 173 of 1993, is further amended to read:

"(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention

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screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed shall must be determined by the department after its consideration and review of American Correctional Association standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing these facilities upon each facility becoming operational. The department shall inform each county governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's ability to develop its own facility or to contract with other counties for the development of a regional facility, and of the availability of the department's facilities. This notice must be provided to each county for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with Sections 20-7-600 and 20-7-605. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles in adult jails anywhere within the State of South Carolina. Upon completion of each facility and upon the determination by the Jail and Prison Inspection Division of the Department of Corrections that each facility is staffed in accordance with relevant standards and can be operated in accordance with these standards, the division shall determine and announce the rated
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capacity of each facility. A facility operated by the Department of Juvenile Justice for the preadjudicatory detention of juveniles must be maintained and continued in operation for that purpose until approved for conversion or closure by the Budget and Control Board. However, a county which decides to maintain its own approved facilities or which has entered into a regional intergovernmental agreement, which has provided secure facilities for preadjudicatory juveniles, and which meets the standards set forth above, may continue to operate these facilities. County and regionally operated facilities are subject to inspection by the Jail and Prison Inspection Division of the Department of Corrections for compliance with the standards set forth above and those created pursuant to Section 24-9-20. The division has the same enforcement authority over county and regionally operated secure juvenile detention facilities as that which is provided in Section 24-9-30. A juvenile ordered detained in a facility must be screened within twenty-four hours by a social worker or, if considered appropriate, by a psychologist, in order to determine whether the juvenile is emotionally disturbed, mentally ill, or otherwise in need of services. The services must be provided immediately. In Department of Juvenile Justice operated facilities, the department shall determine an amount of per diem for each child detained in a center, which must be paid by the committing county governing body of the law enforcement agency having original jurisdiction where the offense occurred. The per diem paid by the county governing body of the law enforcement agency having original jurisdiction where the offense occurred must be based on the average operating cost among all preadjudicatory state facilities. The Department of Juvenile Justice must assume one-third of the per diem cost and the committing county governing body of the law enforcement agency having original jurisdiction where the offense occurred must assume two-thirds of the cost. Per diem funds received by the department must be placed in a separate account by the department for operation of all preadjudicatory state facilities. Transportation of the juvenile to and from a facility is the responsibility of the local law enforcement agency which takes the juvenile into custody having jurisdiction where the offense was committed. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department."

SECTION 71. (A) The provisions in the 1994-95 general appropriations act which delete the repeal of certain provisions of law relating to the Sentencing Guidelines Commission, including Section 24-26-10, are deemed by the General Assembly to only delete the repeal of these provisions. The General Assembly stipulates that the amendment to Section 24-26-10 of the 1976 Code herein contained shall be incorporated

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into Section 24-26-10 as reinstated by the provisions of the 1994-95 general appropriations act and to the extent that the provisions of this section conflict with any provisions of the 1994-95 general appropriations act, the provisions of this section shall control.
(B) Section 24-26-10(A)(4) is amended to read:

"(4) three members of the House Judiciary Committee designated by the chairman of the committee House Judiciary Committee;"

SECTION 72. Section 24-9-20 of the 1976 Code, as last amended by Section 434, Act 181 of 1993, is further amended to read:

"Section 24-9-20. The division shall be responsible for inspecting, in conjunction with a representative of the State Fire Marshal, at least annually every facility in this State housing prisoners or pretrial detainees operated by or for a state agency, county, municipality, or any other political subdivision, and such inspection inspections shall include all phases of operation, and fire safety, and health and sanitation conditions at of the respective facilities. Food service operations of the facilities must be inspected at least annually by an employee of the Department of Health and Environmental Control. The inspection inspections of local confinement facilities shall be based on standards established by the South Carolina Association of Counties and adopted by the Department of Corrections, and appropriate fire and health codes and regulations. The division, and the inspecting fire marshal, and the food service inspector of the Department of Health and Environmental Control shall each prepare a written report on the conditions of the inspected facility. Copies of the reports shall be filed with the governing body of the political subdivision having jurisdiction of the facility inspected, the governing body of each political subdivision involved in a multi-jurisdictional facility, the State Fire Marshal with respect to the fire safety inspection, the Department of Health and Environmental Control with respect to the food service inspection, the governing body of the county, and the county legislative delegation in which such facility is located. All reports shall be filed through the Director of the Department of Corrections."

SECTION 73. Section 24-9-30 of the 1976 Code, as last amended by Section 435, Act 181 of 1993, is further amended to read:

"Section 24-9-30. (a) If an inspection under this chapter discloses that a local confinement facility does not meet the minimum standards established by the South Carolina Association of Counties and adopted by the Department of Corrections, and the appropriate fire and health codes and regulations, the Director of the South Carolina Department of Corrections shall notify the governing body of the governmental unit political subdivision responsible for the local confinement facility. A copy

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of the written report reports of the inspection inspections required by this chapter shall also be sent to the resident or presiding judge of the judicial circuit in which the facility is located. The governing body shall promptly meet to consider the inspection report reports, and the inspection personnel shall appear, if requested, to advise and consult concerning appropriate corrective action. The governing body shall initiate appropriate corrective action within ninety days or may voluntarily close the local confinement facility or objectionable portion thereof.

(b) If the governing body fails to initiate corrective action within ninety days after receipt of the report reports of inspection the inspections, or fails to correct the disclosed conditions, the Director of the South Carolina Department of Corrections may order that the local confinement facility, or objectionable portion thereof, be closed at such time as the order may designate. However, if the director determines that the public interest is served by permitting the facility to remain open, he may stipulate actions to avoid or delay closing the facility. The governing body and the resident or presiding judge of the judicial circuit shall be notified by registered mail of the director's order closing a local confinement facility.

(c) The governing body shall have the right to appeal the director's order to the resident or presiding judge of the circuit in which the facility is located. Notice of the intention to appeal shall be given by registered mail to the Director of the South Carolina Department of Corrections and to the resident or presiding judge within fifteen days after receipt of the director's order. The right of appeal shall be deemed waived if notice is not given as herein provided.

(d) The appeal shall be heard before the resident or presiding judge of the circuit who shall give reasonable notice of the date, time, and place of the hearing to the Director of the South Carolina Department of Corrections and the governing body concerned. The hearing shall be conducted without a jury in accordance with the rules and procedures of the Circuit Court. The Department of Corrections, the governing body concerned, and other responsible local officials, and fire and health inspection personnel shall have a right to be present at the hearing and present evidence which the court deems appropriate to determine whether the local confinement facility met the required minimum standards and appropriate fire and health codes and regulations on the date of the last inspection. The court may affirm, reverse, or modify the director's order."

SECTION 74. Subsection (C), Section 1617, Act 181 of 1993, is amended to read:

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"(C) Chapter 5 of Title 13 and Sections 24-16-10, 24-26-20, 24-26-30, 24-26-40, 24-26-50, 27-2-80, 27-2-90, 27-2-100, 44-1-10, 44-1-60, 48-9-210, 48-9-240 and 48-9-250 of the 1976 Code of Laws are repealed effective July 1, 1994."

SECTION 75. Section 20-7-2205, as last amended by Acts 131 and 181 of 1993, of the 1976 Code is further amended to read:

"Section 20-7-2205. A child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, including a child who has been found in contempt of court for violation of a court order related to the violation or misconduct or a child who violates the conditions of probation for an offense, must not be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to secure evaluation centers operated by the department."

PART V

Effective Dates

SECTION 76. The provisions of Parts I, III, and SECTIONS 63, 64, 65, 69, 70, 71, 72, 73, and 75 of Part IV of this act take effect upon approval by the Governor.

SECTION 77. The provisions of Part II and SECTIONS 66, 67, 68 of Part IV of this act take effect July 1, 1995.

SECTION 78. The provisions of SECTION 74 of Part IV take effect July 1, 1994.

Amend title to conform.

SECTION 61, page 73 of the Conference Report for H. 4323 (Doc. No. JUD 4323.001 should read as follows:

SECTION 61. 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.

Donald H. Holland /s/David H. Wilkins
/s/H. Samuel Stilwell /s/James H. Hodges
/s/Darrell Jackson L. Morgan Martin

On Part of the Senate.On Part of the House.

Rep. WILKINS explained the report.

The Conference Report was adopted and a message was ordered sent to the Senate accordingly.

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HOUSE RESOLUTION

The following was introduced:

H. 5305 -- Rep. Barber: A HOUSE RESOLUTION TO PROVIDE FOR A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS TO THE HOUSE OF REPRESENTATIVES ON A LONG RANGE PLAN FOR SOUTH CAROLINA'S COASTAL AREA.

Whereas, tourism in South Carolina is a leading revenue producer and job provider; and

Whereas, the long-range economic viability of South Carolina's coastal area is vital to the entire state's long-range economic viability; and

Whereas, the long-range economic viability of South Carolina's coastal area is compatible with and dependent upon preservation of the state's natural resources and protection of the quality of its environment; and

Whereas, the economic, environmental, and social challenges of coastal management and development are long-range challenges which require long-range solutions. Now, therefore,

Be it resolved by the House of Representatives:

That there is established the South Carolina Coastal Futures Task Force composed of:

(1) Six members of the House of Representatives, appointed by the Speaker of the House, one of whom must be the chairman of the task force;

(2) Such other members as the chairman of the task force considers appropriate which may include:

(a) Director of the Department of Commerce;

(b) Director of the Department of Parks, Recreation and Tourism;

(c) Director of the Department of Natural Resources;

(d) Administrative head for Ocean and Coastal Resources Management of the Department of Health and Environmental Control;

(e) Executive Director of the Sea Grant Consortium;

(f) Director of the Department of Health and Environmental Control;

(g) Director of the Department of Transportation;

(h) Elected officials and representatives of indigenous sea island and related populations recommended by the resident legislators of these counties:

(i) Beaufort County;

(ii) Jasper County;

(iii) Colleton County;

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