H 4571 Session 110 (1993-1994)
H 4571 General Bill, By Davenport
A Bill to amend Section 20-7-420, as amended, Code of Laws of South Carolina,
1976, relating to family court jurisdiction, so as to authorize the family
court to commit a person to jail for failure to pay child support and to
sentence them to a pre-release center or to suspend the sentence and order
probation, including day placement at a restitution center; to amend Section
24-21-480, as amended, relating to the restitution center program in the
Department of Probation, Parole and Pardon Services, so as to include
placement in the center of persons in contempt of court for nonpayment of
child support, to provide a day placement fee of five dollars a day; and to
provide that placement in a restitution center for failure to pay child
support is subject to funding appropriated to the Department for expansion of
this program.
01/19/94 House Introduced and read first time HJ-32
01/19/94 House Referred to Committee on Judiciary HJ-32
A BILL
TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT
JURISDICTION, SO AS TO AUTHORIZE THE FAMILY COURT TO
COMMIT A PERSON TO JAIL FOR FAILURE TO PAY CHILD
SUPPORT AND TO SENTENCE THEM TO A PRE-RELEASE
CENTER OR TO SUSPEND THE SENTENCE AND ORDER
PROBATION, INCLUDING DAY PLACEMENT AT A
RESTITUTION CENTER; TO AMEND SECTION 24-21-480, AS
AMENDED, RELATING TO THE RESTITUTION CENTER
PROGRAM IN THE DEPARTMENT OF PROBATION, PAROLE
AND PARDON SERVICES, SO AS TO INCLUDE PLACEMENT IN
THE CENTER OF PERSONS IN CONTEMPT OF COURT FOR
NONPAYMENT OF CHILD SUPPORT, TO PROVIDE A DAY
PLACEMENT FEE OF FIVE DOLLARS A DAY; AND TO PROVIDE
THAT PLACEMENT IN A RESTITUTION CENTER FOR FAILURE
TO PAY CHILD SUPPORT IS SUBJECT TO FUNDING
APPROPRIATED TO THE DEPARTMENT FOR EXPANSION OF
THIS PROGRAM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-420 of the 1976 Code is amended by adding
an appropriately numbered item to read:
"( ) to commit a person to jail for failure to obey an order of
the court to pay child support and commit the person to a pre-release
center or release the person on probation before the expiration of the full
sentence or in lieu of committing the person to jail suspend the sentence
and place the person on probation; and to provide for the conditions of
probation including, but not limited to, placement in a restitution center,
including day placement, under the jurisdiction of the Department of
Probation, Parole and Pardon Services, and in home detention; to revoke
suspension of sentence and probation where circumstances warrant; and
to discharge a respondent from probation."
SECTION 2. Section 24-21-480 of the 1976 Code, as last amended by
Act 134 of 1991, is further amended to read:
"Section 24-21-480. The judge may suspend a sentence for a
defendant convicted of a nonviolent offense, as defined in Section
16-1-70, for which imprisonment of more than ninety days may be
imposed, may suspend a sentence for contempt for failure to obey
a court order to pay child support, or as a revocation of probation,
and may place the offender in a restitution center as a condition of
probation, and in the case of probation resulting from failure to pay
child support may place the person in a restitution center, including
residential and day placement. The board may place a prisoner in
a restitution center as a condition of parole. The department, on the first
day of each month, shall present to the general sessions court and to
the family court a report detailing the availability of bed space
and day placement space in the restitution center program. The
restitution center is a program under the jurisdiction of the department.
The offender must have paid employment and/or be required to perform
public service employment up to a total of fifty hours per week.
The offender must deliver his salary to the restitution center staff who
must distribute it in the following manner:
(1) restitution to the victim or payment to the account established
pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title
II, Chapter XIV, Section 1404, as ordered by the court;
(2) payment of child support or alimony or other sums as ordered by
a court;
(3) payment of any fines or court fees due;
(4) payment of six dollars and fifty cents per day for housing and
food. This payment is in lieu of supervision fees while in the restitution
center. This fee must be deposited by the department with the State
Treasurer for credit to the same account as funds collected under
Sections 14-1-210 through 14-1-230;
(5) payment of any costs incurred while in the restitution center
including a day placement fee of five dollars a day;
(6) if available, fifteen dollars per week for personal items.
The remainder must be deposited and given to the offender upon his
discharge.
The offender must be in the restitution center for not more than six
months, nor less than three months; provided, however.
However, for those offenders placed in the restitution center
program there is no minimum period for placement in the program
and in those cases where the maximum term is less than one year
the offender must be in the restitution center for not more than ninety
days nor less than forty-five days.
Upon release from the restitution center, the offender must be placed
on probation for a term as ordered by the court.
Failure to comply with program requirements may result in a request
to the court to revoke the suspended sentence.
No person must be made ineligible for this program by reason of
gender."
SECTION 3. Placement pursuant to Sections 20-7-420 and 24-21-480
of the 1976 Code, as contained in Sections 1 and 2 of this act, in a
restitution center of the Department of Probation, Parole and Pardon
Services, including residential and day placement, by the Family Court
for a person's failure to pay child support is subject to the department
receiving adequate funding to expand its restitution program to meet the
responsibilities of this act.
SECTION 4. This act takes effect upon approval by the Governor.
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