Current Status Bill Number:1030 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19960118 Primary Sponsor:Giese All Sponsors:Giese Drafted Document Number:pfm\7655ac.96 Residing Body:Senate Current Committee:Corrections and Penology Committee 03 SCP Subject:Juvenile offenders
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19960118 Introduced, read first time, 03 SCP
referred to Committee
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TO AMEND SECTION 20-7-2170 AND SECTION 20-7-2195, BOTH AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, AND BOTH RELATING TO TRANSFER OF JUVENILES TO THE DEPARTMENT OF CORRECTIONS, SO AS TO DELETE PROVISIONS REQUIRING A JUVENILE SEVENTEEN YEARS OF AGE IN CUSTODY FOR AN ADJUDICATION FOR A VIOLENT OFFENSE OR FOR THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE TO BE TRANSFERRED TO THE YOUTHFUL OFFENDER DIVISION OF THE DEPARTMENT OF CORRECTIONS AND INSTEAD TO PROVIDE THAT IN ORDER TO TRANSFER SUCH A JUVENILE TO THE YOUTHFUL OFFENDER DIVISION, THE PRESENCE OF THE JUVENILE AT THE DEPARTMENT IS DETRIMENTAL TO OTHER JUVENILES IN CUSTODY AND A CIRCUIT COURT HAS ORDERED THE TRANSFER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-2170(E) of the 1976 Code, as last amended by Act 83 of 1995, is further amended to read:
"(E) A juvenile committed to the Department of Juvenile Justice following an adjudication for a violent offense contained in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature, who has not been paroled or released from the custody of the department by his seventeenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. A juvenile who has not been paroled or released from the custody of the department by his nineteenth birthday must be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections at age nineteen. If not released sooner by the Department of Corrections, a transferred juvenile must be released by his twenty-first birthday according to the provisions of his commitment. Notwithstanding the above provision, a juvenile committed as an adult offender by order of the Court of General Sessions shall must be considered for parole or other release according to the laws pertaining to release of adult offenders."
SECTION 2. Section 20-7-2195 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 20-7-2195. (A) The Department of Juvenile Justice, when authorized by an order of any a circuit judge, shall, after notice to the Department of Corrections, shall transfer temporarily to the custody of the Youthful Offender Division any a child who has been committed to the custody of the department who is more than seventeen years of age and whose presence in such custody appears to be seriously detrimental to the welfare of others in such custody and who is:
(1) more than seventeen years of age; or
(2) in the custody of the department for an adjudication for a violent offense as defined in Section 16-1-60 or for the offense of assault and battery of a high and aggravated nature and who has not been paroled or released from the custody of the department by his seventeenth birthday.
(B) The director of the Department of Corrections shall receive such those children as may be transferred thereto to the department as herein provided for in this section and properly care for them. Each child thus transferred to the Youthful Offender Division shall must be held therein in that division, subject to all the rules and discipline of the division. Children transferred to the Youthful Offender Division pursuant to this section shall must be under the authority of the division and subject to release according to the division's policies and procedures.
(C) The Youthful Offender Division shall at least quarterly shall make recommendations to the parole board concerning possible release of each child so transferred or his return to institutions of the department."
SECTION 3. The amendments to Sections 20-7-2170 and 20-7-2195 as contained in Sections 1 and 2 of this act, respectively, do not apply to juveniles committed to the custody of the Department of Juvenile Justice before this act's effective date.
SECTION 4. This act takes effect upon approval by the Governor.