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S. 300
STATUS INFORMATION
General Bill
Sponsors: Senators Fair, Hutto, Jackson, Knotts, Rankin and Ford
Document Path: l:\council\bills\ms\7084ahb11.docx
Introduced in the Senate on January 11, 2011
Introduced in the House on March 27, 2012
Currently residing in the House Committee on Judiciary
Summary: Department of Juvenile Justice
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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12/15/2010 Senate Prefiled
12/15/2010 Senate Referred to Committee on Judiciary
1/11/2011 Senate Introduced and read first time (Senate Journal-page 134)
1/11/2011 Senate Referred to Committee on Judiciary
(Senate Journal-page 134)
1/9/2012 Senate Referred to Subcommittee: Sheheen (ch), Knotts, Campsen,
Lourie, Campbell
3/7/2012 Senate Committee report: Favorable Judiciary
(Senate Journal-page 10)
3/14/2012 Senate Read second time (Senate Journal-page 33)
3/14/2012 Senate Roll call Ayes-38 Nays-0 (Senate Journal-page 33)
3/20/2012 Senate Read third time and sent to House
(Senate Journal-page 77)
3/27/2012 House Introduced and read first time (House Journal-page 12)
3/27/2012 House Referred to Committee on Judiciary
(House Journal-page 12)
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 7, 2012
S. 300
Introduced by Senators Fair, Hutto, Jackson, Knotts, Rankin and Ford
S. Printed 3/7/12--S.
Read the first time January 11, 2011.
To whom was referred a Bill (S. 300) to amend Section 63-19-1440, Code of Laws of South Carolina, 1976, relating to commitment of juveniles to the Department of Juvenile Justice, so as to authorize, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
VINCENT A. SHEHEEN for Committee.
EXPLANATION OF IMPACT:
The Department of Juvenile Justice indicates that this bill will have no fiscal impact on the General Fund of the State, or on federal and/or other funds.
Approved By:
Brenda Hart
Office of State Budget
TO AMEND SECTION 63-19-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF JUVENILES TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO AUTHORIZE THE DEPARTMENT OF JUVENILE JUSTICE TO ALLOW A JUVENILE WHO IS TEMPORARILY COMMITTED TO ITS CUSTODY, AFTER BEING ADJUDICATED FOR A STATUS OFFENSE, MISDEMEANOR OFFENSE, OR A PROBATION VIOLATION OR CONTEMPT, TO UNDERGO A COMMUNITY EVALUATION WITH CERTAIN SAFEGUARDS AND EXCEPTIONS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 63-19-1440(C) of the 1976 Code is amended to read:
"(C) The court, before committing a child as a delinquent or as a part of a sentence including commitments for contempt, shall order a community evaluation or temporarily commit the child to the Department of Juvenile Justice for not more than forty-five days for evaluation. A community evaluation is equivalent to a residential evaluation, but it is not required to include all components of a residential evaluation. However, in either evaluation the department shall make a recommendation to the court on the appropriate disposition of the case and shall submit that recommendation to the court before final disposition. The department is authorized to allow any child adjudicated delinquent for a status offense, a misdemeanor offense, or violation of probation or contempt for any offense who is temporarily committed to the department's custody for a residential evaluation, to reside in that child's home or in his home community while undergoing a community evaluation, unless the committing judge finds and concludes in the order for evaluation, that a community evaluation of the child must not be conducted because the child presents an unreasonable flight or public safety risk to his home community. The court may waive in writing the evaluation of the child and proceed to issue final disposition in the case if the child:
(1) has previously received a residential evaluation or a community evaluation and the evaluation is available to the court;
(2) has been within the past year temporarily or finally discharged or conditionally released for parole from a correctional institution of the department, and the child's previous evaluation or other equivalent information is available to the court; or
(3) receives a determinate commitment sentence not to exceed ninety days."
SECTION 2. This act takes effect upon approval by the Governor.
This web page was last updated on March 28, 2012 at 10:26 AM