S*0965(Rat #0395, Act #0276 of 2004)  General Bill, By Fair, Cromer, Thomas and 
Martin
 AN ACT TO AMEND SECTION 20-7-7205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
 1976, RELATING TO, AMONG OTHER THINGS, PROCEDURES FOR TAKING A CHILD INTO
 CUSTODY FOR A CRIMINAL VIOLATION AND THE DEPARTMENT OF JUVENILE JUSTICE
 DETENTION PROCEDURES, SO AS TO AUTHORIZE THE DEPARTMENT TO RENDER DETENTION
 SCREENING SERVICES BY TELEPHONE; TO AMEND SECTION 20-7-7405, RELATING TO
 DEPARTMENT OF JUVENILE JUSTICE INTAKE AND PROBATION SERVICES, SO AS TO DELETE
 THE PROVISION REQUIRING THE BOARD OF JUVENILE PAROLE TO REVIEW AND APPROVE
 POLICIES RELATING TO THE PROVISION OF INTAKE SERVICES BY THE DEPARTMENT; TO
 AMEND SECTION 20-7-7810, AS AMENDED, RELATING TO THE COMMITMENT OF JUVENILES
 ADJUDICATED DELINQUENT, SO AS TO PROVIDE THAT THE COURT MAY ORDER A COMMUNITY
 EVALUATION TO BE CONDUCTED BY THE DEPARTMENT OF JUVENILE JUSTICE AND THAT SUCH
 EVALUATION IS EQUIVALENT TO A RESIDENTIAL EVALUATION; AND TO REPEAL SECTION
 20-7-1335, RELATING TO PROCEDURES FOR AND CIRCUMSTANCES UNDER WHICH JUVENILE
 RECORDS MAY BE DESTROYED AND CIRCUMSTANCES PROHIBITING THE DESTRUCTION OF SUCH
 RECORDS. - ratified title

   02/12/04  Senate Introduced and read first time SJ-7
   02/12/04  Senate Referred to Committee on Judiciary SJ-7
   04/07/04  Senate Committee report: Favorable with amendment
                     Judiciary SJ-8
   04/13/04  Senate Amended SJ-14
   04/13/04  Senate Read second time SJ-14
   04/14/04  Senate Read third time and sent to House SJ-28
   04/15/04  House  Introduced and read first time HJ-4
   04/15/04  House  Referred to Committee on Judiciary HJ-5
   06/01/04  House  Recalled from Committee on Judiciary HJ-59
   06/02/04  House  Requests for debate-Rep(s). Perry, DC Smith, R
                     Brown, Ott, and White HJ-8
   06/02/04  House  Requests for debate removed-Rep(s). Perry, DC
                     Smith and Ott HJ-45
   06/02/04  House  Read second time HJ-56
   06/03/04  House  Read third time and enrolled HJ-20
   06/03/04         Ratified R 395
   07/16/04         Signed By Governor
   07/26/04         Copies available
   07/26/04         Effective date 07/16/04
   07/28/04         Act No. 276

(A276, R395, S965)

AN ACT TO AMEND SECTION 20-7-7205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO, AMONG OTHER THINGS, PROCEDURES FOR TAKING A CHILD INTO CUSTODY FOR A CRIMINAL VIOLATION AND THE DEPARTMENT OF JUVENILE JUSTICE DETENTION PROCEDURES, SO AS TO AUTHORIZE THE DEPARTMENT TO RENDER DETENTION SCREENING SERVICES BY TELEPHONE; TO AMEND SECTION 20-7-7405, RELATING TO DEPARTMENT OF JUVENILE JUSTICE INTAKE AND PROBATION SERVICES, SO AS TO DELETE THE PROVISION REQUIRING THE BOARD OF JUVENILE PAROLE TO REVIEW AND APPROVE POLICIES RELATING TO THE PROVISION OF INTAKE SERVICES BY THE DEPARTMENT; TO AMEND SECTION 20-7-7810, AS AMENDED, RELATING TO THE COMMITMENT OF JUVENILES ADJUDICATED DELINQUENT, SO AS TO PROVIDE THAT THE COURT MAY ORDER A COMMUNITY EVALUATION TO BE CONDUCTED BY THE DEPARTMENT OF JUVENILE JUSTICE AND THAT SUCH EVALUATION IS EQUIVALENT TO A RESIDENTIAL EVALUATION; AND TO REPEAL SECTION 20-7-1335, RELATING TO PROCEDURES FOR AND CIRCUMSTANCES UNDER WHICH JUVENILE RECORDS MAY BE DESTROYED AND CIRCUMSTANCES PROHIBITING THE DESTRUCTION OF SUCH RECORDS.

Be it enacted by the General Assembly of the State of South Carolina:

Detention screening services by phone

SECTION    1.    Section 20-7-7205(B) of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"(B)    When a child is not released pursuant to subsection (A), the officer taking the child into custody shall immediately notify the authorized representative of the Department of Juvenile Justice, who shall respond within one hour by telephone or to the location where the child is being detained. Upon responding, the authorized representative of the department shall review the facts in the officer's report or petition and any other relevant facts and advise the officer if, in his opinion, there is a need for detention of the child. The officer's written report must be furnished to the authorized representatives of the department and must state:

(1)    the facts of the offense;

(2)    the reason why the child was not released to the parent. Unless the child is to be detained, the child must be released by the officer to the custody of his parents or other responsible adult upon their written promise to bring the child to the court at a stated time or at a time the court may direct. However, if the offense for which the child was taken into custody is a violent crime as defined in Section 16-1-60, the child may be released only by the officer who took the child into custody. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to any judge of the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge. The family court judge may establish conditions for such release."

Intake and probation services

SECTION    2.    Section 20-7-7405 of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"Section 20-7-7405.    The Department of Juvenile Justice shall provide intake and probation services for juveniles brought before the family courts of this State and for persons committed or referred to the department in cooperation with all local officials or agencies concerned. The role and function of intake is to independently assess the circumstances and needs of children referred for possible prosecution in the family court. Recommendations by the department as to intake must be reviewed by the office of the solicitor in the circuit concerned, and the final determination as to whether or not the juvenile is to be prosecuted in the family court must be made by the solicitor or by the solicitor's authorized assistant. Statements of the juvenile contained in the department's files must not be furnished to the solicitor's office as part of the intake review procedure, and the solicitor's office must not be privy to these statements in connection with its intake review. Where circumstances do not warrant prosecution in the discretion of the solicitor, the intake counselor shall offer referral assistance for services as appropriate for the child and family. In the event that a juvenile is adjudicated to be delinquent or found by the family court to be in violation of the terms of probation, the intake counselor shall offer appropriate dispositional recommendations to the family court for its consideration and determination of the disposition of the case."

Evaluations

SECTION    3.    Section 20-7-7810(C) of the 1976 Code, as added by Act 383 of 1996, 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 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."

Repeal

SECTION    4.    Section 20-7-1335 of the 1976 Code is repealed.

Time effective

SECTION    5.    This act takes effect upon approval by the Governor.

Ratified the 3rd day of June, 2004.

Approved the 16th day of July, 2004.