Current Status Bill Number:4718 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19960307 Primary Sponsor:Limbaugh All Sponsors:Limbaugh, Seithel, Harrison, Wofford, Cooper, Stuart, Knotts, Dantzler, Young-Brickell, Meacham, Whatley, Law, Askins, Chamblee, Rice, Keegan, Cato, Stille, Haskins, Tripp, J. Young, Limehouse, Witherspoon, Loftis, Gamble and Wilkins Drafted Document Number:pfm\7933ac.96 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Juvenile parole reviews
Body Date Action Description Com Leg Involved
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House 19960307 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 20-7-2095, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD OF JUVENILE PAROLE REVIEWS OF CHILDREN COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A JUVENILE COMMITTED FOR CERTAIN VIOLENT CRIMES DOES NOT HAVE THE RIGHT TO HAVE HIS CASE REVIEWED QUARTERLY AND THAT THE PAROLE BOARD MAY CHOOSE INSTEAD TO CONDUCT AN ANNUAL REVIEW.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-2095 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:
"Section 20-7-2095. (A) The Board of Juvenile Parole (parole board) shall meet monthly, and at other times as may be necessary, to review the records and progress of children committed to the custody of the Department of Juvenile Justice for the purpose of deciding the release or revocation of release of such these children. The parole board shall make periodic inspections, at least quarterly, of the records of persons committed to the custody of the Department of Juvenile Justice and may, in its discretion, issue temporary and final discharges or release such these persons conditionally and prescribe conditions for such release into aftercare. It shall be the right of any such A juvenile has the right to personally appear before the parole board every three months for the purpose of parole consideration, but no such appearance shall may begin until the parole board determines that an appropriate period of time has elapsed since the juvenile's commitment. In addition, and at the discretion of the parole board, the quarterly reviews of juveniles committed to the department for having committed a violent offense, as defined in Section 16-1-60, may be waived by the parole board until the juvenile reaches the minimum parole guidelines established for the juvenile by the parole board. However, a juvenile does not have the right to quarterly reviews after the juvenile reaches the minimum parole guidelines if the juvenile was committed for a violent offense, as defined in Section 16-1-60, and the parole board instead may choose only to conduct an annual review of the juvenile. In order to allow such these reviews and personal appearances by children, the chairman of the parole board may assign the members to meet in panels of not less than three members to receive progress reports and recommendations, review cases, meet with children, meet with counselors, and to hear matters and consider cases for release, parole, and parole revocation. Membership on such these panels shall be periodically must be rotated on a random basis by the chairman. At the meetings of the panels, any a unanimous vote shall be is considered the final decision of the parole board. Any A panel vote that is not unanimous shall must not be considered as a final decision of the parole board and the matter shall must be referred to the full parole board, which shall determine the matter by a majority vote of its membership.
(B) In the determination of the type of discharges or conditional releases granted, the parole board shall consider the interests of the person involved and the interests of society and shall employ the services of and consult with the personnel of the Reception and Evaluation Center. The parole board may from time to time modify the conditions of discharges or conditional releases previously granted.
(C) The parole board shall develop written guidelines for the consideration of juveniles' releases on parole. Such These guidelines shall must be given to juveniles upon commitment and periodically reviewed with each juvenile to assess the progress made toward achieving release on parole."
SECTION 2. This act takes effect upon approval by the Governor.