H 5058 Session 110 (1993-1994)
H 5058 General Bill, By House Judiciary
A Bill to enact the School Safety and Juvenile Justice Reform Act of 1994
including provisions to amend the Code of Laws of South Carolina, 1976, by
directing the Department of Juvenile Justice to develop a long-term plan for
the provision of services to juvenile offenders.-short title
04/12/94 House Introduced, read first time, placed on calendar
without reference
04/27/94 House Debate adjourned HJ-36
04/27/94 House Special order, set for Tues. 4/26/94 after
uncontested calendar (Under H 5169) HJ-102
04/27/94 House Amended HJ-117
04/27/94 House Read second time HJ-171
04/28/94 House Read third time and sent to Senate HJ-323
05/03/94 Senate Introduced and read first time SJ-15
05/03/94 Senate Referred to Committee on Judiciary SJ-15
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 27, 1994
H. 5058
Introduced by Judiciary Committee
S. Printed 4/27/94--H.
Read the first time April 12, 1994.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First Year$ See Below
2. Estimated Cost to State-Annually
Thereafter$ See Below
The South Carolina Department of Juvenile Justice (DJJ) estimates
the following impact to the General Fund of the State.
Section 3 allows for waiver to the South Carolina Department of
Corrections (SCDC) for Class A, B, C, and D felonies. These adult
sentenced offenders would stay an average of about 689 days or five
months longer than current practice. If these fourteen and fifteen
year-olds are sent to DJJ as adult sentenced inmates the following
assumptions can be made.
CURRENT PRACTICE
# of Juveniles 160
# of Days x 536
# of Commitment Days 85,760
Average Daily Cost x $85
Allocated Costs $7,289,600
JUVENILE CRIME BILL
# of Juveniles 160
# of Days x 689
# of Commitment Days 110,240
Average Daily Cost x $85
Allocated Daily Cost $9,370,400
$9,370,400 - $7,289,600 = $2,080,800 Additional Operating
Costs
Section 3 also would allow waiver of 14 or older for assault and
battery of a high and aggravated nature. Under current legislation,
juveniles stay about one year for this particular offense. This legislation
would increase the amount of time spent at DJJ institutions for 14 and
15 year-olds sentenced to incarceration while decreasing the amount of
time for sixteen year-olds. There are approximately 51 juveniles per
year who meet this criteria within DJJ.
CURRENT PRACTICE
# of Juveniles 51
# of Days x 365
# of Commitment Days 18,615
Average Daily Cost x $85
Allocated Costs $1,582,275
JUVENILE CRIME BILL
# of Juveniles 11
# of Days x 912.50
# of Commitment Days 10,037.5
Average Daily Cost x $85
Allocated Daily Cost $853,187.5
# of 15 Year Old 17
# of Days 547.5
# of Commitment Days 9,307.5
Average Daily Cost x $85
Allocated Costs $791,137.5
# of 16 Year Old 23
# of Days 182.5
# of Commitment Days 4,197.5
Average Daily Cost x $85
Total Cost $2,001,112.5
$2,001,112 - $1,582,275 = $418,837 Additional Operating Costs
Section 6 gives Family Court judges the authority to impose a two
year determinate sentence for juveniles adjudicated delinquent for
violent offenses. Currently, DJJ annually receives 33 juveniles meeting
the criteria of this legislation and their current average stay is estimated
at 320 days.
CURRENT PRACTICE
# of Juveniles 33
# of Days x 320
# of Commitment Days 10,560
Average Daily Cost x $85
Allocated Costs $ 897,600
JUVENILE CRIME BILL
# of Juveniles 33
# of Days x 730
# of Commitment Days 24,090
Average Daily Cost x $85
Allocated Daily Cost $2,047,650
$2,047,650 - $897,600 = $1,150,050 Additional Operating Costs
Juvenile Crime Bill additional total operating costs to the DJJ is
estimated at $3,650,362
***************************
Division III, Section 59-63-32 is amended by adding Subsection (G)
to require that before a child may be enrolled in a public school, the
adult seeking to enroll the child must provide school information so that
a permanent record may be obtained from the previous school. No
significant impact to the General Fund of the State is anticipated as a
result of this amendment.
**************************
Division III, Section 59-66-10 requires schools to keep disciplinary
records for students that must follow the student through school. No
additional fiscal impact to the general fund is anticipated as this may be
accomplished within existing resources.
************************
Division III, Section 59-66-20 requires funding to be awarded to
school districts which choose to employ safety coordinators. Each
county may be awarded for not more than one position, and for fiscal
year 1995-96 the award may not exceed $25,000 except for distressed
counties which are to receive an additional $5,500 for the same year. An
award to school districts under this program is contingent upon a district
or group of districts jointly matching the state grant with an equal
amount of funds and in kind contributions.
YEAR IYEAR II
1995-961996-97
Estimated Costs:
Safety Coordinators $1,150,000$1,150,000
(46 counties x $25,000)
Distressed Counties 99,000 99,000
(18 counties x $5,500)
TOTAL COSTS $1,249,000$1,249,000
Division III, Section 59-66-30 requires that each public middle, junior
high and high school to be equipped with one hand-held metal detector.
Maintenance after initial purchase can be absorbed within existing
resources.
YEAR I
1994-95 only
Estimated Costs:
Metal Detectors with Back Pack $ 72,000
(480 Schools x $150)
Training 72,000
(480 Schools x $150)
TOTAL COSTS $ 144,000
**************************
Division III, Section 59-66-40 requires the State Board of Education
through the Department of Education to establish additional minimum
requirements for planning and construction of public school facilities
that promote the prevention and intervention of violent incidents. The
Department of Education states that related building costs cannot be
determined until these regulations have been developed.
************************
Division III, Section 59-66-50 requires the Department of Education
to develop or modify curriculum for teaching peaceful conflict
resolution and non-violent living to students in all grades of public
schools by July 1, 1996. This curriculum shall be taught to all students
in all grades beginning with the 1996-97 school year.
The curriculum and training requirements would have to be developed
in fiscal year 1994-95 to provide for implementation in school year
1996-97. Training could begin for school administrators and teachers
during the following year provide for implementation in school year
1996-97.
YEAR IYEAR II
1994-951995-96
ESTIMATED COSTS:
Development of Curriculum & Training $300,000
Training - School Administrators $30,000
Training - Teachers 1,500,000
TOTAL COSTS $300,000$1,530,000
************************************
Division III, Section 59-66-60 requires the Department of Education
to develop and pilot test alternative educational programs in school years
1995-96, 1996-97, and 1997-98. By December 1, 1995, the department
must establish procedures for evaluating these pilots. An independent
evaluation must be presented to the General Assembly at the end of the
three year pilot-testing. Based upon the independent evaluation,
alternative educational programs must be implemented for all school
districts beginning with school year 1998-99 on a multi-district or
multi-county basis over a three year period.
The alternative school model provides for a self-contained alternative
school operating in a separate facility or location since this school is to
serve students that are serious threats to the safety and security of the
regular school program. Pilot cost estimates are based on the current
model used for the Target 2000 dropout grants. A staff of four would be
required for the first year of operations, and increase to a staff of eight
in the second year as students are identified and enrolled in the
alternative program. The independent evaluation will need to be
designed and implemented prior to start-up of the pilots. Ten pilots
would be needed in order to ensure representation of the various
geographic regions of the State, urban and rural settings, various size
student populations, various socio-economic populations and areas with
different incidences of juvenile crime.
Statewide implementation costs are based on the assumption that the
evaluation will call for little adjustment to the pilot programs. For the
purpose of statewide implementation and this analysis, an alternative
school program would be implemented in all 46 counties, although each
alternative school could serve multiple districts depending on the
distance from home the student must travel to attend. Districts could
coordinate enrollment activities to best serve the students and schools.
Transportation to and from the alternative educational program has not
been addressed within this legislation.
YEAR IYEAR II
1995-961996-97
ESTIMATED COSTS:
Alternative School-Recurring
Teachers $150,000$ 300,000
Other Operating 50,00050,000
Alternative School-Non-Recurring
Building and Equipment 150,000
TOTAL COSTS PER SCHOOL$ 350,000 $350,000
TOTAL COSTS FOR 10 PILOTS $3,500,000$3,500,000
1994-951995-96
Independent Evaluation $ 50,000$ 50,000
************************************
Article III, Section 59-66-310 requires each school and school district
to have an approved comprehensive safety plan by January 1, 1996.
Section 59-66-340 (A) further requires that each school and district
safety plan include programs and strategies designed to: (1) prevent
disruptions to a safe school environment; (2) result in an appropriate,
planned intervention during incidents endangering the safety of students
and adults; (3) restore equilibrium to the school or district or both after
the immediate crisis event has passed.
The Schoolhouse Safety Resource Center as established under Section
59-66-390 will provide technical assistance to develop both district and
individual school plans. The Safety Coordinator, as established by
Section 59-66-20, would be able to facilitate the development of these
plans. Nominal expenses would be incurred for notices of public
meetings, committee work, and printing.
************************************
Article III, Section 59-66-390 requires the Department of Education
to establish a Schoolhouse Safety Resource Center.
COST ESTIMATES: Year IYear II
1994-951995-96
FTE Job Title Salary
1.00 Educ Assoc III $49,068
.50 Data Mgmt &
Research Analyst II 25,183
1.00 Admin Spec B 19,137
Total Salaries $ 93,388$ 93,388
Employer Contributions 22,80022,800
Other Operating 18,67718,677
TOTAL COSTS $134,865$134,865
******************************
Division IV, Section 1 provides for a three year pilot project for
school-based counseling services to be established jointly by the
Department of Mental Health and the Department of Education. The
pilot project must begin on July 1, 1994 and end on July 1, 1997. The
pilot project must serve at least 14 schools during the first year. The
services must include, but are not limited to: (1) a child-focused
counseling clinic; (2) training, consultation, and support programs for
school staff.
The Department of Mental Health (DMH) is responsible for providing
mental health counselors, student interns, a supervisor position for the
project in the Division of Children, Adolescents and Their Families
(within DMH) and basic travel and operating expenses.
Staff support for an advisory committee shall be furnished by DMH.
The legislation is silent as to whether the committee would receive per
diem and travel.
Under this proposed legislation, the local schools are responsible for
providing appropriate office space and furniture for the mental health
personnel. It cannot be assumed that each pilot school would have
adequate space and furniture to support the school-based counselling
services. The cost to provide this space should average $5,000 or
$70,000 for fourteen sites. Approximately one-half of this would be
used to provide monthly operating costs such as telephone, utilities,
supplies, and travel.
Medicaid federal funds are to be used to offset state expenditures to
the maximum extent possible. No estimate of the offset can be
determined until such time as eligibility populations and services are
identified.
The Department of Mental Health shall submit a final independent
evaluation of the pilot projects to the General Assembly no later than
May 1, 1997. If the pilot testing is proven successful, the school-based
counseling services shall be implemented statewide in all public middle
and junior high schools over a three year phase-in period beginning with
the 1997-98 school year. Throughout the statewide phase-in, the
programs shall continue to be evaluated and adjustments made as
necessary.
For 1992-93, there were 209 middle and junior high schools in the
state. In order to achieve statewide implementation at the end of the
three year phase-in period, 65 additional programs per year would need
to be added beginning in school year 1997-98. Statewide
implementation costs are based on the assumption that the evaluation
will call for little adjustment to the original pilot program. Evaluations
of the statewide expansion can be conducted and the programs modified
as necessary within the existing resources of the agencies involved.
YEAR IYEAR II
1994-951995-96
ESTIMATED COSTS:
Personal Services
Director $ 50,000$ 50,000
Mental Health Counselor (14) 277,137333,900
Clerical (.50 FTE) 8,0009,638
Graduate Asst. (.50) 12,00012,000
Employer Contributions 69,427 81,108
TOTAL PERSONAL SERVICES $416,564$486,646
Contractual Services $319,554 $319,554
Travel 4,0004,000
Supplies 5,5005,500
Equipment 5,0005,000
Space and Equipment (14 sites) 70,00070,000
Less Non-recurring in Year II (35,000)
TOTAL FOR 14 SITES $820,618$855,700
*********************************
Subdivision B, Section 2 amends Section 59-65-50 of the 1976 Code
to require that the students' parent or guardian must be notified of
unlawful absences by the end of the following day. After three
consecutive unlawful absences or five cumulative unlawful absences, the
school district shall determine if the child's future achievement,
attendance, or well-being is in jeopardy and if so schedule a conference
to formulate an intervention plan. Prior to this conference, appropriate
school personnel must take necessary steps to determine:
(a) Whether curriculum changes would assist in resolving the
nonattendance problem.
(b) Whether there are psychological problems, learning disabilities
contributing to the problem.
(c) Whether there are health or human services related or economic
needs including needs of other family members, that may be impeding
the child's attendance.
The intervention plan must address:
(a) the reasons for non-attendance
(b) an assessment of the needs
(c) the actions to be taken by the parent or guardian
(d) the actions to be taken by the student
(e) the actions to be taken by the school
(f) referrals to other agencies or services for the student or the
family
(g) signatures of the parent or guardian and, if appropriate, the
student
(h) whether the child should be referred for evaluation or whether
an existing Individual Education Plan should be revised.
This legislation requires the district to designate an individual to be
responsible for follow-up, monitoring, and any subsequent adjustment
of the plan. Should a parent or guardian fail to comply with the request
for a conference, the non-attendance must be reported in writing to a
family court. If a parent or guardian fails to comply with a summons,
the school district may have the solicitor apply for an order from the
family court directing the parent or guardian to appear and show cause
why he or she should not be held in contempt.
Presently, school districts employ a number of attendance personnel.
Current staff, in coordination with the Safety Coordinators as established
in Section 59-66-20, could be charged with compliance of the
requirements of this legislation. Although the number of schools
experiencing major attendance problems is unknown, it is estimated that
$60,000 per additional position would be required by schools where
current staffing proves inadequate to handle the "unlawful
absence" caseloads. This estimation is based on the assumption
that related costs would be similar to that of school-based counseling.
*************************************
Subdivision B, Section 4 amends Section 59-65-60 to require that
upon the tenth unlawful absence, the further accumulation of unlawful
absences for the purposes of school attendance shall be tolled until the
date of the family court hearing. Within 24 hours following the tenth
unlawful absence, the school district shall make a report of the
nonattendance to the solicitor. Within 48 hours following receipt of the
report, the solicitor shall file the complaint, and attendance hearing upon
the merits of the complaint shall be held in the family court within 5
days following service. At the attendance hearing the court shall
determine whether the parent or guardian, the student, and the school
have taken the actions assigned to each of them in the intervention plan.
The court shall also consider the determinations made by school
personnel pursuant to Section 59-65-60 (D) and the extent of the
investigation conducted by the school district prior to formulation of the
intervention plan.
Presently, the solicitor handles non-enrollment and nonattendance
petitions. Upon notification from school officials indicating the
affirmative action taken by the district to work with the child and with
the parent or guardian and all other appropriate entities to secure the
child's attendance, the solicitor files a nonattendance or non-enrollment
petition. This procedure is performed concertly with no time lines.
Although the legislation does not appear to have a significant fiscal
impact on the Office of the Solicitor, the legislation does indicate a
particular time line and this could create a concern.
Prepared By: Approved By:
JoAnne L. Payton George N. Dorn, Jr.
State Budget Analyst State Budget Division
James W. Trexler
State Budget Analyst
Cheryl H. Morris
State Budget Analyst
A BILL
TO ENACT THE SCHOOL SAFETY AND JUVENILE JUSTICE
REFORM ACT OF 1994 INCLUDING PROVISIONS TO AMEND
THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY
DIRECTING THE DEPARTMENT OF JUVENILE JUSTICE TO
DEVELOP A LONG-TERM PLAN FOR THE PROVISION OF
SERVICES TO JUVENILE OFFENDERS; TO ADD SECTION
20-7-753 SO AS TO AUTHORIZE THE FAMILY COURT TO
DESIGNATE A LEAD STATE AGENCY TO CONDUCT A FAMILY
ASSESSMENT AND RECOMMEND A SERVICE PLAN FOR
FAMILIES WHEN A CHILD IS BROUGHT BEFORE THE FAMILY
COURT IN A JUVENILE DELINQUENCY PROCEEDING; TO
REQUIRE THE COURT TO REVIEW THE ASSESSMENT AND
ADOPT A PLAN THAT WILL SERVE THE BEST INTERESTS OF
THE CHILD; TO AMEND SECTION 20-7-420, AS AMENDED,
RELATING TO JURISDICTION OF THE FAMILY COURT, SO AS
TO INCLUDE THE AUTHORITY TO ORDER PARENTS OF A
CHILD BROUGHT BEFORE THE COURT ON A DELINQUENCY
MATTER TO COOPERATE WITH AND PARTICIPATE IN A PLAN
ADOPTED BY THE COURT TO SERVE THE BEST INTERESTS OF
THE CHILD; TO AMEND SECTION 20-7-3230, AS AMENDED,
RELATING TO INSTITUTIONAL SERVICES FOR JUVENILES, SO
AS TO REQUIRE THE DEPARTMENT OF JUVENILE JUSTICE TO
PROVIDE EDUCATIONAL SERVICES TO PREADJUDICATORY
JUVENILES IN ITS CUSTODY; TO AMEND SECTION 16-23-430,
AS AMENDED, RELATING TO WEAPONS ON SCHOOL
PROPERTY, SO AS TO INCREASE THE FINE FROM ONE
THOUSAND DOLLARS TO THREE THOUSAND DOLLARS FOR
A VIOLATION; TO AMEND SECTION 20-7-390, RELATING TO
THE DEFINITION OF "CHILD", SO AS TO REVISE
THIS DEFINITION WITH REGARD TO CERTAIN CRIMES; TO
AMEND SECTION 20-7-430, AS AMENDED, RELATING TO
TRANSFER OF JURISDICTION OF JUVENILES FROM ONE
COURT TO ANOTHER SO AS TO REVISE THE REQUIREMENTS
FOR TRANSFERRING JURISDICTION; TO AMEND SECTION
20-7-600, AS AMENDED, RELATING TO DETENTION AND
CUSTODY OF A CHILD FOUND VIOLATING THE LAW, SO AS
TO PROVIDE THAT A CHILD IN POSSESSION OF A DEADLY
WEAPON MAY BE DETAINED IN A SECURE JUVENILE
DETENTION FACILITY AND TO PROVIDE FOR RELEASE FROM
DETENTION; TO AMEND SECTION 20-7-1330, AS AMENDED,
RELATING TO DISPOSITION OF A CHILD BEFORE THE COURT
ON A DELINQUENCY MATTER, SO AS TO AUTHORIZE THE
COURT TO ORDER A DETERMINATE SENTENCE FOR A
JUVENILE UNDER CERTAIN CIRCUMSTANCES; TO AMEND
SECTION 24-19-10, RELATING TO DEFINITIONS PERTAINING
TO THE CORRECTION AND TREATMENT OF YOUTHFUL
OFFENDER; TO AMEND SECTION 59-63-32, RELATING TO
REQUIREMENTS FOR ENROLLING A CHILD IN PUBLIC
SCHOOL, SO AS TO PROVIDE FOR THE TRANSFER OF
RECORDS IF A CHILD HAS PREVIOUSLY ATTENDED ANOTHER
SCHOOL; TO AMEND SECTION 59-63-210, RELATING TO
GROUNDS FOR EXPULSION AND SUSPENSION OF PUPILS, SO
AS TO REQUIRE EXPULSION FROM SCHOOL IF THE PUPIL IS
CONVICTED OF COMMITTING CERTAIN CRIMES; TO AMEND
TITLE 59, RELATING TO EDUCATION, SO AS TO ADD CHAPTER
66 "SCHOOL SAFETY" WHICH REQUIRES SCHOOLS
TO RETAIN DISCIPLINARY RECORDS AND PROVIDES FOR THE
USE OF THESE RECORDS; ESTABLISHES FUNDS FOR SCHOOL
SAFETY COORDINATORS AND PROCEDURES FOR APPLYING
FOR AND DISTRIBUTING THESE FUNDS; REQUIRES ONE
HANDHELD METAL DETECTOR IN EACH MIDDLE, JUNIOR
HIGH, AND HIGH SCHOOL; REQUIRES PROMULGATION OF
REGULATIONS ESTABLISHING MINIMUM REQUIREMENTS
FOR PLANNING AND CONSTRUCTING SCHOOL FACILITIES;
REQUIRES ESTABLISHMENT OF A CURRICULUM FOR
TEACHING PEACEFUL CONFLICT RESOLUTION AND
NONVIOLENT LIVING; REQUIRES DEVELOPMENT AND PILOT
TESTING OF ALTERNATIVE EDUCATIONAL PROGRAMS FOR
STUDENTS WHO ARE A THREAT TO SCHOOL SAFETY;
REQUIRES EACH SCHOOL TO DEVELOP AND HAVE
APPROVED A COMPREHENSIVE SCHOOL SAFETY PLAN;
ESTABLISHES A SCHOOLHOUSE SAFETY RESOURCE CENTER
WITHIN THE DEPARTMENT OF EDUCATION; ESTABLISHES A
JOINT PILOT PROJECT FOR SCHOOL BASED COUNSELING BY
THE DEPARTMENT OF MENTAL HEALTH AND THE
DEPARTMENT OF EDUCATION; TO ADD SECTION 59-17-130 SO
AS TO DIRECT SCHOOL DISTRICTS TO ENCOURAGE PARENTS
TO BECOME INVOLVED IN THEIR CHILDREN'S EDUCATION
INCLUDING OFFERING SERVICES AND REFERRALS TO
FAMILIES AND CHILDREN IN NEED OF ASSISTANCE; TO ADD
SECTION 59-26-90 SO AS TO REQUIRE THE STATE BOARD OF
EDUCATION TO PROMULGATE REGULATIONS PROVIDING
THAT THE PRIMARY RESPONSIBILITY OF GUIDANCE
COUNSELORS IS TO COUNSEL STUDENTS AND WORK WITH
PARENTS AND TEACHERS; TO AMEND SECTION 20-7-20,
RELATING TO THE STATE CHILDREN'S POLICY, SO AS TO
PROVIDE THAT PROVIDING AN EDUCATION IS OF
PARAMOUNT INTEREST AND THAT OFFICIALS SHALL DO
EVERYTHING WITHIN THEIR AUTHORITY TO CARRY OUT
SCHOOL ATTENDANCE LAWS AND PREVENT
NONATTENDANCE; TO ADD SECTION 20-7-1352 SO AS TO
REQUIRE SCHOOL ATTENDANCE AND APPROPRIATE
BEHAVIOR AS AN INTEGRAL PART OF ALL PROBATION
ORDERS; TO ADD SECTION 20-7-1353 SO AS TO REQUIRE
PROBATION AND PAROLE COUNSELORS TO ASSIST IN
REENROLLMENT OF CHILDREN RELEASED FROM
CONFINEMENT AND TO REPORT ANY SCHOOL'S REFUSAL TO
ENROLL A CHILD; TO ADD SECTION 59-65-55 SO AS TO
PROVIDE THAT IF A STUDENT TRANSFERS TO ANOTHER
SCHOOL DISTRICT, THE RECORDS AND PLANS FOR THAT
STUDENT REGARDING TRUANCY BEHAVIOR ALSO MUST BE
FORWARDED TO THE RECEIVING SCHOOL DISTRICT; TO
AMEND SECTION 59-65-20, RELATING TO THE PENALTY FOR
FAILURE TO ENROLL OR CAUSE A CHILD TO ATTEND
SCHOOL, SO AS TO FURTHER PROVIDE FOR THE
PROCEDURES FOR REPORTING AND PROSECUTING
VIOLATIONS OF THIS SECTION; TO AMEND SECTION 59-65-50,
RELATING TO THE NONATTENDANCE AT SCHOOL REPORTED
TO THE COURTS AND THE SOLICITOR HAVING JURISDICTION
OF JUVENILES, SO AS TO REVISE THE MANNER IN WHICH,
CONDITIONS UNDER WHICH, AND PROCEDURES UNDER
WHICH THESE REPORTS ARE MADE; TO AMEND SECTION
59-65-60, RELATING TO COURT PROCEDURES UPON RECEIPT
OF REPORTS OF NONATTENDANCE AT SCHOOL, SO AS TO
REVISE THESE PROCEDURES AND THE ACTION NEEDED TO
BE TAKEN IN REGARD TO THE CHILD; AND TO PROVIDE
THAT CERTAIN PROVISIONS DO NOT EFFECT THE
EXCEPTIONS TO COMPULSORY SCHOOL ATTENDANCE LAWS
AND HOME-SCHOOLING PROGRAMS; TO ADD SECTION
20-7-1351 SO AS TO AUTHORIZE THE FAMILY COURT TO
ORDER PARENTS OF CHILDREN IN NEED OF SERVICES TO
PREVENT VIOLENT BEHAVIOR TO APPEAR, TO ORDER
FAMILY ASSESSMENT AND TREATMENT, AND TO HOLD A
PARENT IN CONTEMPT FOR FAILURE TO COMPLY WITH A
COURT ORDER; TO AMEND SECTION 20-7-600, AS AMENDED,
RELATING TO DETENTION, CUSTODY, AND RECORDS OF A
CHILD FOUND VIOLATING THE LAW, SO AS TO REVISE WHAT
RECORDS ARE OPEN TO THE PUBLIC, AND TO REQUIRE A
LAW ENFORCEMENT OFFICER TAKING A CHILD INTO
CUSTODY TO NOTIFY THE PRINCIPAL OF THE SCHOOL OF
THE NATURE OF THE OFFENSE; TO AMEND SECTION 20-7-770,
AS AMENDED, RELATING TO RELEASE OF A JUVENILE'S
RECORD, SO AS TO INCLUDE ADDITIONAL OFFENSE FOR
WHICH RECORDS MAY BE RELEASED AND TO DIRECT THE
DEPARTMENT OF JUVENILE JUSTICE TO MAINTAIN JUVENILE
RECORDS FOR A CERTAIN PERIOD OF TIME; TO AMEND
SECTION 20-7-780, RELATING TO RECORDS, FINGERPRINTING,
AND PHOTOGRAPHS OF JUVENILES, SO AS TO FURTHER
PROVIDE UNDER WHAT CIRCUMSTANCES RECORDS ARE
OPEN TO THE PUBLIC, THE IDENTITY OR PICTURE OF A
CHILD MAY BE PUBLISHED BY THE MEDIA, FINGERPRINTS
MAY BE TAKEN, AND RECORDS MAY BE TRANSFERRED TO
OTHER LAW ENFORCEMENT AGENCIES; TO AMEND SECTION
20-7-1335, RELATING TO DESTRUCTION OF JUVENILE
RECORDS, SO AS TO INCLUDE ADDITIONAL CIRCUMSTANCES
UNDER WHICH A JUVENILE'S ADJUDICATION MAY NOT BE
EXPUNGED; TO AMEND SECTION 20-7-3300, AS AMENDED,
RELATING TO JUVENILE'S RECORDS, SO AS TO PROVIDE
CERTAIN CIRCUMSTANCES UNDER WHICH A JUVENILE'S
RECORD IS PROVIDED TO A SCHOOL; AND TO PROVIDE THAT
REFERENCES TO VIOLENT CRIMES ARE AS DEFINED ON THIS
ACT'S EFFECTIVE DATE OR AS THE DEFINITION MAY BE
AMENDED.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. This act may be cited as the "School Safety and
Juvenile Justice Reform Act of 1994".
Division I
Treating Juvenile Offenders
SECTION 2. Before January 1, 1995, the Department of Juvenile
Justice shall develop a long-term plan to be phased in over the next five
years beginning on July 1, 1995 which:
(1) Decentralizes the centralized Department of Juvenile Justice
facilities in Columbia and reduce the number of secure beds utilized for
nonviolent, nonrepeat offenders through the use of programs involving
more intense supervision and treatment services at the community level.
The department shall consider closing a significant number of its secure
bed facilities in Columbia and opening smaller sized, regional secure
facilities in at least four areas of the State: the Upstate, the Midlands, the
Low Country, and the Pee Dee. Each regional secure facility also shall
provide pre-adjudicatory detention facilities in agreement with county
or regional plans.
(2) Explores the possibility of leasing some of its facilities, which
would close with decentralization of the Columbia facilities, to the
Department of Corrections and using the lease money to help fund the
decentralized and reoriented Department of Juvenile Justice budget.
(3) Includes alternatives to incarceration for those juveniles under
the supervision of the department but not adjudicated delinquent for the
commission of violent offenses as defined in Section 16-1-60. The
alternatives to incarceration shall maximize integrated, highly
individualized home, school, and neighborhood based services and
programs and shall include the purchase of diversified services on the
community level. These services and programs shall include, but are not
limited to, juvenile arbitration, mentor homes, halfway homes,
wilderness experiences, diversion programs such as family group
conferences, day treatment centers, after school reporting systems and
supervision, electronic monitoring, community service work programs,
teen court programs, restitution programs, and intensive supervision
including electronic monitoring, counseling, home visits, school visits,
group counseling, urinalysis, and phone calls all on an ongoing basis and
staffed seven days a week, twenty-four hours a day.
(4) Includes a budget which reflects a shift from spending monies
to support the large facilities in Columbia to spending monies to enhance
and support the personnel and programs on a local level. The budget
shall reflect innovative management practices and the use of objective
criteria, such as a risk assessment grid, for placement decisions. The
department shall explore the development and use of Medicaid
reimbursable programs for the therapeutic treatment of its clients.
(5) Includes, to a much greater degree, the use of community based
and nonresidential evaluation centers.
(6) Includes, in conjunction with the circuit solicitors and the family
court, programs to be presented annually in every middle and high
school in the State to educate the students on the consequences of
committing delinquent and criminal acts.
SECTION 3. The 1976 Code is amended by adding:
"Section 20-7-753. (A) In a juvenile delinquency proceeding
before the family court, the court may designate a state agency as the
lead agency to provide a family assessment to the court. The assessment
shall include, but is not limited to, the strengths and weaknesses of the
family, problems interfering with the functioning of the family and with
the best interests of the child, and recommendations for a comprehensive
service plan to strengthen the family and assist in resolving these issues.
(B) The lead agency shall provide the family assessment to the court
in a timely manner and the court shall conduct a hearing to review the
proposed plan and adopt a plan as part of its order that will best meet the
needs and best interest of the child. In arriving at a comprehensive plan,
the court shall consider:
(1) additional testing or evaluation that may be needed;
(2) economic services including, but not limited to, employment
services, job training, food stamps, and aid to families with dependent
children;
(3) counseling services including, but not limited to, marital
counseling, parenting skills, and alcohol and drug abuse counseling;
(4) and any other programs or services appropriate to the child's
and family's needs.
(C) The lead agency is responsible for monitoring compliance with
the court ordered plan and shall report to the court at such times as the
court requires."
SECTION 4. Section 20-7-420 of the 1976 Code is amended by adding
an appropriately numbered item to read:
"( ) to require the parent of a child brought before the court for
adjudication of a delinquency matter and agencies providing services to
the family to cooperate and participate in a plan adopted by the court to
meet the needs and best interests of the child and to hold a parent or
agency in contempt for failing to cooperate and participate in the plan
adopted by the court."
SECTION 5. Section 20-7-3230(5) of the 1976 Code is amended by
adding at the end:
"The Department of Juvenile Justice shall provide educational
programs and services to all preadjudicatory juveniles in its custody.
County and regionally operated facilities shall provide these services to
all preadjudicatory juveniles who are detained locally for more than
twenty-four hours, excluding weekends and state holidays, by
contracting with the Department of Juvenile Justice or by arranging the
services through the local school district in which the facility is located.
Services which are arranged locally must be approved by the
Department of Juvenile Justice as meeting all criteria developed under
the authority of Section 20-7-3240."
Division II
Enhancing Punishment For The
Most Serious Juvenile Offenders
SECTION 6. Section 16-23-430(2) of the 1976 Code, as last amended
by Section 48, Act 184 of 1993, is further amended to read:
"(2) A person who violates the provisions of this
section is guilty of a felony and, upon conviction, must be fined not
more than one three thousand dollars or imprisoned not
more than five years, or both. Any A weapon
or object used in violation of this section may must be
confiscated by the law enforcement division making the arrest."
SECTION 7. Section 20-7-390 of the 1976 Code is amended to read:
"Section 20-7-390. When used in this article, unless the context
otherwise requires, `child' means a person less than seventeen years of
age, where the child is dealt with as a juvenile delinquent. `Child'
does not mean a person sixteen years of age or older who is charged
with a Class A, B, C, or D felony as defined in Section 16-1-20 or a
felony which provides for a maximum term of imprisonment of fifteen
years or more. However, a person sixteen years of age or older who is
charged with a Class A, B, C, or D felony as defined in Section 16-1-20
or a felony which provides for a maximum term of imprisonment of
fifteen years or more may be remanded to the family court for
disposition of the charge at the discretion of the solicitor. Where the
child is dealt with as a dependent or neglected child the term `child'
shall mean means a person under eighteen years of
age."
SECTION 8. Section 20-7-430 of the 1976 Code, as last amended by
Act 579 of 1990, is further amended to read:
"Section 20-7-430. Jurisdiction over a case involving a
juvenile may child must be transferred in the
following instances or retained as follows:
(1) If, during the pendency of a criminal or quasi-criminal charge
against any minor a child in a circuit court of this State,
it shall be is ascertained that the minor
child was under the age of seventeen years at the time of
committing the alleged offense, it shall be is the duty of
such the circuit court forthwith
immediately to transfer the case, together with all the papers,
documents, and testimony connected therewith with the
case, to the family court of competent jurisdiction, except in those
cases where the Constitution gives to the circuit court exclusive
jurisdiction or in those cases where jurisdiction has properly been
transferred to the circuit court by the family court under the
provisions of this section. The court making such
the transfer shall order the minor child to be
taken forthwith immediately to the a
place of detention designed authorized under Section
20-7-3230 by the court or to that the family
court itself, or shall release such minor the child
to the custody of some suitable person to be brought before the court at
a time designated. The court shall then shall proceed as
provided in this article. Notwithstanding any other provision of law,
the provisions of this This section shall be
is applicable to all existing offenses embraced
therein, irrespective of whether such offenses may be directed solely at
children coming within the scope of this article and shall likewise be
applicable and to such offenses as shall be
created in the future unless the General Assembly shall
specifically directs otherwise.
(2) Whenever If a person child is
brought before a magistrate or city recorder and, in the opinion of the
magistrate or city recorder, the person child should be
brought to the family court of competent jurisdiction under the
provisions of this section, the magistrate or city recorder shall
thereupon transfer such the case to the family
court and direct that the persons child involved be taken
thereto to the family court.
(3) When If an action is brought in any county
court or a circuit court which, in the opinion of the judge
thereof, falls within the jurisdiction of the family court,
he the judge may transfer the action thereto
upon his the judge's own motion or the motion of any
party.
(4) If a child sixteen years of age or older is charged with an offense
which if committed by an adult would be a
misdemeanor, or a Class E or F felony as
defined in Section 16-1-20, or a felony which provides for a maximum
term of imprisonment of ten years or less if committed by an
adult and if the court, after full investigation, deems
considers it contrary to the best interest of such
the child or of the public to retain jurisdiction, the court
may, in its discretion, acting as committing magistrate,
may bind over such the child for proper
criminal proceedings to any a court which would have
trial jurisdiction of such the offense if committed by an
adult.
(5) If a child fourteen or fifteen years of age who has two prior
and unrelated adjudications of assault, assault and battery with intent to
kill, assault and battery of a high and aggravated nature, arson,
housebreaking, burglary, kidnapping, attempted criminal sexual conduct
or robbery and is currently charged with a third or
subsequent such offense an offense which if committed by an
adult would be a Class A, B, C, or D felony as defined in Section
16-1-20 or a felony which provides for a maximum term of
imprisonment of fifteen years or more, the court,
may after full investigation and hearing, if it deems
may determine it contrary to the best interest of such
the child or of the public to retain jurisdiction,. The
court, acting as committing magistrate, may bind over
such the child for proper criminal proceedings to
any a court which would have trial jurisdiction of
such the offenses if committed by an adult.
(6) Within thirty days after the filing of a petition in the family court
alleging the child has committed the offense of murder or criminal
sexual conduct, the person executing the petition may request in writing
that the case be transferred to the court of general sessions with a view
to proceeding against the child as a criminal rather than as a child
coming within the purview of this article. The judge of the family court
is authorized to determine this request. If the request is denied, the
petitioner may appeal within five days to the circuit court. Upon the
hearing of the appeal, the judge of the circuit court is vested with the
discretion of exercising and asserting the jurisdiction of the court of
general sessions or of relinquishing jurisdiction to the family court. If
the circuit judge elects to exercise the jurisdiction of the general sessions
court for trial of the case, he the judge shall issue an
order to that effect, and then the family court has no further
jurisdiction in the matter.
(7) Once the family court relinquishes its jurisdiction over the child
and the child is bound over to be treated as an adult, the provisions
of Section 20-7-780 dealing with the confidentiality of identity and
fingerprints will is not be applicable.
(8) When jurisdiction is relinquished by the family court in favor of
another court, the court shall have has full authority and
power to grant bail, hold a preliminary hearing, and any other
powers as now provided by law for magistrates in such
these cases.
(9) If a child fifteen fourteen years of age or older
is charged with a violation of Section 16-23-430(1), Section
16-23-20, assault and battery of a high and aggravated nature, or
Section 44-53-445, the court may, after full
investigation and hearing, if it considers it contrary to the best interest
of the child or the public to retain jurisdiction, acting as committing
magistrate, may bind over the child for proper criminal
proceedings to a court which would have trial jurisdiction of the
offenses offense if committed by an adult."
SECTION 9. Section 20-7-600(F) and (H) of the 1976 Code, as last
amended by Section 282, Act 181 of 1993, is further amended to read:
"(F) When the authorized representative of the Department of
Juvenile Justice determines that placement of a juvenile outside the
home is necessary, he the representative shall make a
diligent effort to place the child in an approved home, program, or
facility, other than a secure juvenile detention facility, when these
alternatives are appropriate and available. A child is eligible for
detention in a secure juvenile detention facility only if the child:
(1) is charged with a violent crime as defined in Section 16-1-60;
(2) is charged with a crime which, if committed by an adult,
would be a felony other than a violent crime, and the child:
(a) is already detained or on probation or conditional release
in connection with another delinquency proceeding;
(b) has a demonstrable recent record of wilful failures to appear
at court proceedings;
(c) has a demonstrable recent record of violent conduct
resulting in physical injury to others; or
(d) has a demonstrable recent record of adjudications for other
felonies crimes; and:
(i) there is clear and convincing evidence to establish a risk
of flight, or serious harm to others; or
(ii) the instant offense involved the use of a firearm;
(3) is a fugitive from another jurisdiction;
(4) requests protection in writing under circumstances that present
an immediate threat of serious physical injury. A child who meets the
criteria provided in this subsection is eligible for detention. Detention
is not mandatory for a child meeting the criteria if that child can be
supervised adequately at home or in a less secure setting or
program.;
(5) had in his possession a deadly weapon;
(6) has a demonstrable recent record of wilful failure to comply
with prior placement orders including, but not limited to, a house arrest
order.
(H) If the authorized representative of the Department of Juvenile
Justice has not released the child to the custody of his the
child's parents or other responsible adult, the court shall hold a
detention hearing within twenty-four hours from the time the child was
taken into custody, excluding Saturdays, Sundays, and holidays. At this
hearing, the authorized representative of the department shall submit to
the court a report stating the facts surrounding the case and a
recommendation as to the child's continued detention pending the
adjudicatory and dispositional hearings. The court shall appoint counsel
for the child if none is retained. No child may proceed without counsel
in this hearing, unless the child waives the right to counsel, and then
only after consulting at least once with an attorney. At the conclusion
of this hearing, the court shall determine whether probable cause exists
to justify the detention of the child as well as determining the
appropriateness of, and need for, the child's continued detention. If
continued detention of a juvenile is considered appropriate by the court
and if a juvenile detention facility exists in that county which meets state
and federal requirements for the secure detention of juveniles, or
if that facility exists in another county with which the committing county
has a contract for the secure detention of its juveniles, and if
commitment of a juvenile by the court to that facility does not cause it
to exceed its design and operational capacity, the family court shall
order the detention of the juvenile in that facility. Periodic reviews of
the detention order must be conducted in accordance with the rules of
practice in a family court. However, a juvenile must not be detained
in secure confinement in excess of ninety days. If the child does not
qualify for detention or otherwise require continued detention under the
terms of subsection (F), the child must be released to a parent, guardian,
or other responsible person or placed in a program directed by or
affiliated with the department."
SECTION 10. Section 20-7-1330(c), as last amended by Act 615 of
1988, is further amended to read:
"(c) commit the child to the custody or to the guardianship of
a public or private institution or agency authorized to care for children
or to place them in family homes or under the guardianship of a suitable
person. Commitment must be for an indeterminate period but in no event
beyond the child's twenty-first birthday. However, if the child has
been adjudicated delinquent for committing a violent offense as defined
in Section 16-1-60, the court, in conjunction with the indeterminate
sentence, may commit the juvenile to a public or private institution for
a determinate period not to exceed two years and during the determinate
period the child must not be released;"
SECTION 11. Section 24-19-10(d) of the 1976 Code is amended to
read:
"(d) `Youthful offender' means all male and female
offenders an offender who are is under
seventeen years of age and has been bound over for proper criminal
proceedings to the court of general sessions pursuant to Section
20-7-430, who is sixteen years of age and has been charged with a Class
A, B, C, or D felony as defined in Section 16-1-20 or a felony which
provides for a maximum term of imprisonment of fifteen years or more,
or who is seventeen but less than twenty-five years of age at the
time of conviction."
Division III
Providing Safe Schools
SECTION 12. Section 59-63-32 of the 1976 Code, as added by Act
163 of 1991, is amended by adding at the end:
"(G) Before a child may be enrolled in a public school of this
State, the adult seeking to enroll the child must provide the school with
information so that the school may obtain the child's permanent record
from the child's previous school. The previous school must comply with
the request, and both schools must keep the record confidential as
provided by law. For purposes of this subsection, `previous school'
includes special schools, such as those operated by the Department of
Juvenile Justice, and `permanent record' means transcripts, attendance
records, and disciplinary records."
SECTION 13. Section 59-63-210 is amended to read:
"Section 59-63-210. (A) Any A
district board of trustees may authorize or order the expulsion,
suspension, or transfer of any a pupil for a commission
of any a crime, gross immorality, gross behavior,
or persistent disobedience, or for violation of written
rules and regulations established by the district board, county board, or
the State Board of Education, or when the presence of the pupil
is detrimental to the best interest of the school.
(B) A district board of trustees, after a hearing held in
accordance with Section 59-63-240, must expel for a period of time
which is at least the remainder of the school year a pupil who is
convicted, pleads guilty or nolo contendere, or is adjudicated delinquent
for having committed the offense of:
(1) murder (Section 16-3-10);
(2) criminal sexual conduct in the first degree (Section 16-3-652);
(3) criminal sexual conduct in the second degree (Section
16-3-653);
(4) criminal sexual conduct with a minor (Section 16-3-655);
(5) assault with intent to commit criminal sexual conduct (Section
16-3-656);
(6) assault and battery with intent to kill (Section 16-3-620);
(7) kidnapping (Section 16-3-910);
(8) voluntary manslaughter (Section 16-3-50);
(9) armed robbery (Section 16-11-330);
(10) drug trafficking as defined in Section 44-53-370(e);
(11) arson in the first degree (Section 16-11-110(A);
(12) burglary in the first degree (Section 16-11-311);and
(13) carrying a weapon on school property as defined in Section
16-23-430.
(C) Every An expelled pupil shall
have has the right to petition for readmission for the
succeeding school year.
(D) Expulsion or suspension shall must
be construed to prohibit a pupil from entering the school, or
school grounds, except for a prearranged conference with an
administrator, attending any day or night a school
functions function, or riding a school bus.
(E) The provisions of this This section
shall does not preclude enrollment and attendance in
any an adult, or night school, or
alternative educational program."
SECTION 14. Title 59 of the 1976 Code is amended by adding:
"CHAPTER 66
School Safety
Article 1
General Provisions
Section 59-66-10. (A) Schools must keep disciplinary records for
students. These disciplinary records must contain clear anecdotal
evidence and show action taken by and with the cooperation of schools
to address problem behavior. In addition, the disciplinary records must
show action taken by the school to report to law enforcement when
required by Section 59-24-60 and must contain information provided to
the school pursuant to Sections 20-7-3300 and 20-7-600. A student's
disciplinary record must follow the student through school.
(B) The principal may use information contained in a student's
disciplinary record for monitoring and supervisory purposes, but any
parts of the disciplinary record which are required to be kept confidential
by other provisions of law must be maintained in a manner to ensure the
confidentiality of those parts. The State Board of Education, through the
State Department of Education and in consultation with the Office of the
Attorney General, the Department of Juvenile Justice, and the State Law
Enforcement Division, must promulgate regulations to ensure
confidentiality as required by law.
Section 59-66-20. (A) The General Assembly annually shall
provide funds in the general appropriations act to be awarded to school
districts which choose to employ safety coordinators in accordance with
this section. State funds may be awarded for not more than one safety
coordinator for each county. The amount of the award for a county for
fiscal year 1995-96 may not exceed twenty-five thousand dollars, except
for counties which are designated as economically distressed pursuant
to Section 41-43-180. Economically distressed counties participating in
the program shall receive additional state funds for fiscal year 1995-96
in the amount of five thousand, five hundred dollars. The amount which
may be awarded for a county, including the additional state funds for
economically distressed counties, must be increased each fiscal year
after 1995-96 by the same percentage as the average teacher salary.
(B) An award of state funds to school districts under this program is
contingent upon a district or group of districts jointly matching the state
grant with an equal amount of funds and in kind contributions; however,
school districts located primarily within an economically distressed
county are not required to match any portion of the state grant.
Additionally, funds only may be awarded where the duties of the safety
coordinator relate exclusively to school and district safety functions. It
is the intent of the General Assembly that the safety coordinator have a
strong background in law enforcement, safety matters, or coordination
of relevant services.
(C) If a county consists of more than one school district, any or all
school districts within the county may apply jointly for funds for a safety
coordinator. Each participating school district must provide a portion of
the local matching funds based upon the relationship the district's
student membership bears to the total student membership of all
participating districts within the county. Nonparticipating school
districts in multi-district counties may begin participation in the program
by contributing to the local match in the same manner as those school
districts originally participating in the program.
(D) When more than one school district in a multi-district county is
provided funds under this section, the safety coordinator must be an
employee of the school district with the largest student membership
during the immediately preceding school year, unless the participating
school districts have a memorandum of agreement providing otherwise;
however, the safety coordinator must provide services to all participating
school districts.
(E) For purposes of this section, `student membership' means the
cumulative one hundred thirty-five day average daily membership
during the immediately preceding school year.
(F) The State Board of Education, through the State Department of
Education, shall develop and implement regulations establishing the
safety coordinator grant program.
Section 59-66-30. (A) Using funds appropriated by the General
Assembly, each public middle, junior high, and high school in the State
must be equipped with one hand-held metal detector.
(B) In consultation and cooperation with the Office of the Attorney
General and the State Law Enforcement Division, the State Department
of Education shall provide training in the use of hand-held metal
detectors to school officials who shall use the equipment.
(C) The State Board of Education, through the State Department of
Education, shall promulgate regulations to implement this section.
Section 59-66-40. (A) Before January 16, 1996, the State Board of
Education, through the State Department of Education, shall promulgate
regulations establishing additional minimum requirements for planning
and construction of public school facilities. The regulations shall
require public school facilities to be constructed, located, and equipped
so as to facilitate prevention of and intervention in violent incidents. The
regulations must contain appropriate provisions for new construction,
renovations, remodelings, expansions, and relocatable classroom
buildings. The State Board of Education may establish minimum
expenditure levels which must be met before the regulations are
applicable.
(B) On and after the effective date of the regulations, any new
construction, renovation, remodeling, expansion, or relocatable
classroom building, governed by the regulations, may not be occupied
until the State Superintendent of Education or the state superintendent's
agent approves the facility. The school district is responsible for
requesting approval and submitting the necessary documents to the State
Superintendent of Education or the state superintendent's agent.
(C) A school district may request a waiver from part or all of the
regulations, and the State Board of Education may grant a waiver if the
regulations impose an unreasonable or undue hardship upon the district.
Section 59-66-50. (A) Before July 1, 1996, the State Board of
Education, through the State Department of Education, shall select,
develop, modify or cause to be developed or modified curriculum for
teaching peaceful conflict resolution and nonviolent living to students
in all grades of the public schools of this State. The curriculum shall
incorporate and concentrate upon:
(1) trust building and team building including strategies for
building productive, cooperative relationships;
(2) learning to work in groups;
(3) effective communication skills;
(4) peaceful problem solving techniques;
(5) collaborative decision making techniques;
(6) negotiation and mediation techniques;
(7) positive approaches to behavior management.
(B) In addition to the requirements contained in subsection (A), the
curriculum must be:
(1) appropriate to the students' age and grade;
(2) structured to provide consistent reinforcement throughout the
school year and each student's school career;
(3) flexible so as to be incorporated within the existing school day
and year and so that the needs of the diverse classrooms across the State
are met;
(4) designed to address the need for training of all school
officials, and;
(5) designed to reach outside the school and encourage supportive
actions in the home and community including use of the curriculum by
public and private service providers, organizations, groups, institutions,
and agencies with their clients or members.
(C) Beginning with the 1996-97 school year, the State Board of
Education, through the State Department of Education, shall cause the
curriculum to be taught to all students in all grades of the public schools
of this State. A parent or guardian may elect for their child or ward not
to participate in the curriculum by signing a written document making
the election. The form of the written document must be prescribed by
regulation of the State Board of Education.
(D) Funds for the development or selection and implementation of
the curriculum must be provided by the General Assembly.
Section 59-66-60. (A) The State Board of Education, through the
State Department of Education, shall cause alternative educational
programs for students who are serious threats to the safety and security
of the regular school program to be developed and pilot tested in school
years 1995-96, 1996-97, and 1997-98.
In selecting the pilot programs, the State Board of Education, through
the State Department of Education, shall ensure representation of the
various geographic regions of the State, urban and rural settings, various
size student populations, various socio-economic populations, and areas
with different incidences of juvenile crime. The number of pilot test
sites may be expanded each year, if adequate funds are provided and
expansion does not compromise supervision and evaluation of the pilot
tests.
For purposes of this subsection, `students who are serious threats to
the safety and security of the regular school program' means students
who have severe disciplinary problems as documented by school
disciplinary records and students who have been charged with or
adjudicated delinquent for the commission of a violent crime as defined
in Section 16-1-60, for a violation of Section 16-23-430, for a crime in
which an illegal weapon was used, or for distribution or trafficking in
unlawful drugs as defined in Article 3, Chapter 53, Title 44.
(B) The pilot programs must provide activities, counseling, and other
appropriate services to meet the students' special needs, increase their
opportunities for success, and promote nonviolent behavior. It is the
intent of the General Assembly that the support activities and services
be provided through existing state and community resources to the
extent possible.
(C) Before December 1, 1995, the State Board of Education, through
the State Department of Education, shall establish procedures for
evaluating the pilot programs. The evaluation procedure must include
the collection of data and allow the process to be evaluated and, to the
extent possible, it must measure the effectiveness of the pilot programs.
The State Board of Education shall cause an independent evaluation of
the pilot programs to be conducted and presented to the General
Assembly at the conclusion of the three years of pilot testing.
(D) Based upon the evaluation required by subsection (C), the State
Board of Education, through the State Department of Education, shall
cause successful alternative educational programs to be implemented for
all school districts. Statewide implementation of the programs must be
phased in over three years beginning with school year 1998-99. The
programs must be undertaken on a multi-district or multi-county basis.
(E) Throughout the phase in to statewide implementation, the State
Board of Education, through the State Department of Education, shall
continue to cause the programs to be evaluated and indicated
refinements made.
(F) The General Assembly must appropriate funds for the planning,
development, pilot testing, evaluation, and statewide implementation of
this section.
(G) The State Board of Education or the governing body of a pilot
test site may use a portion of its allocation of funds for the purchase of
technical assistance during pilot testing.
(H) The State Board of Education, through the State Department of
Education, is required to explore ways of redirecting or expanding
financial support for part or all of the alternative educational program
with other than state funds. Strategies to maximize the probability of
federal or foundation funding or both must be used.
(I) The State Board of Education, through the State Department of
Education, shall promulgate regulations whereby state and local funds
generated under the Education Finance Act for a student must be used
to defray the cost of the student's alternative educational program. The
regulations may specify a minimum period of time a student must be
served in an alternative educational program before the regulations apply
or may provide for a proportional contribution to the cost of the
alternative educational program based upon the length of time a student
is served in an alternative educational program or both.
Section 59-66-70. (A) There is created the Volunteer Mentor
Program to be administered by the Department of Education. The
purpose of the program is to promote the establishment of local
programs whereby at-risk children are matched with adult volunteers on
a one-to-one basis.
(B) The objectives of the program are to:
(1) reduce juvenile crime in local communities served by the
program;
(2) recruit community volunteers to provide positive adult role
models for at-risk children;
(3) improve the academic performance of students participating
in the program; and
(4) meet the physical, intellectual, emotional, and social needs of
students participating in the program and improve their attitudes and
behavior.
(C) As used in this section, `at-risk children' means children under
the age of twenty-one, who have been referred:
(1) directly by local law enforcement, family court, appropriate
state agencies, or the local school district; or
(2) to family court during the immediately preceding twelve
months.
(D) Each local program must have a local board of directors or
advisory committee which reflects local commitment to the program and
is representative of the community. The governing board or advisory
committee shall monitor program activity and generate financial support
for the program.
(E) Each local program must have at least a part-time program
director who is responsible for:
(1) recruiting volunteers;
(2) screening volunteers;
(3) training or facilitating training of volunteers;
(4) matching volunteers with at-risk children;
(5) supervising volunteers;
(6) providing or arranging support services and group activities;
(7) working with the program's governing board or authority or
advisory committee;
(8) evaluation of the program; and
(9) record-keeping.
(F) The General Assembly annually shall provide funds in the
general appropriations act for the administration of the program at the
State level and for grants to be awarded for the salary of local program
directors. It is the intent of the General Assembly that grants for local
part-time program directors be reduced in proportion to grants for
full-time directors. It is also the intent of the General Assembly that
local programs be supported in part by local grants and donations,
in-kind contributions, federal funds, and other funds which are not state
funds.
(G) The Department of Education shall serve as the lead State
agency for collecting information and reporting to the General Assembly
by February 15, 1995 on sources of funds other than State funds, which
may be used to offset the cost of the program at the state and local level.
All agencies of the State are directed to assist and cooperate with the
Department of Education.
(H) Grant recipients may be:
(1) state agencies, county agencies, or school districts or a
consortium of a combination of state agencies and county agencies and
school districts; or
(2) non-profit 501 (c)(3) entities or a consortium consisting of one
or more 501 (c)(3) entities.
(I) The Department of Education shall:
(1) disseminate information regarding the program to interested
groups;
(2) develop and disseminate a request for applications to establish
local Volunteer Mentor Programs;
(3) provide technical assistance to grant applicants and ongoing
technical assistance as grants are implemented;
(4) administer funds appropriated by the General Assembly;
(5) monitor the grants funded;
(6) revoke a grant if necessary or appropriate;
(7) develop and implement an evaluation system that assesses the
efficiency and effectiveness of the program and provide information on
how to improve and refine the program;
(8) report annually to the General Assembly on program
implementation and the results of the department's evaluation of the
program;
(9) promulgate regulations necessary to implement the program
including, but not limited to:
(a) qualifications for local program directors;
(b) training for program directors and volunteers;
(c) requirements related to program directors' supervision of
volunteers;
(d) criteria for children's admission to the program;
(e) required performance levels for a grant recipient to continue
to receive an award;
(f) requirements for screening volunteers;
(g) procedures to be followed in developing and submitting
applications; and
(h) criteria for selection of grant recipients;
(10) award grants.
(J) A 501(c)(3) entity or consortium that receives a grant under this
section must report to the Department of Education on the
implementation of the program. The report must provide information
required by the Department of Education to allow the department to
evaluate the program.
Article 3
School and District
Safety Plans
Section 59-66-310. Before January 1, 1996, each school must have
an approved comprehensive school safety plan, and each school district
must have an approved comprehensive district safety plan. School and
district safety plans must be approved as provided in Section 59-66-370.
School and district safety plans must be coordinated so that the plans are
consistent and, as appropriate, interrelated, with school and district
responsibilities clearly specified.
Section 59-66-320. To receive approval under Section 59-66-370,
school and district safety plans must address the broad spectrum of
safety concerns including, but not limited to, natural disasters, accidents,
medical emergencies, and violent incidents.
Section 59-66-330. The district superintendent must appoint a
committee to develop the district's safety plan, and the principal of each
school must appoint a committee to develop the school's safety plan.
Safety committees must be established so that the committee
membership or the committee's procedures include participation by
parents, students, school personnel at all levels, and representatives of
all relevant local agencies engaged in law enforcement, juvenile
probation and parole, juvenile corrections, fire protection, emergency
preparedness, health and human services, and social rehabilitation. The
Schoolhouse Safety Resource Center must include meaningful
participation by these groups as a criterion for safety plan approval.
Each district superintendent must designate a safety coordinator who has
primary responsibility for overseeing and implementing the district's
safety plan and programs and who shall chair the district safety
committee. Each school principal or the school principal's designee
must have primary responsibility for overseeing and implementing the
school safety plan and must chair the school safety committee.
Section 59-66-340. (A) Each school and district safety plan must
include programs and strategies designed to:
(1) prevent disruptions to a safe school environment;
(2) result in an appropriate, planned intervention during incidents
endangering the safety of students and adults who serve them; and
(3) restore equilibrium to the school or district or both after the
immediate crisis event has passed.
(B) In addition to the requirements of subsection (A), each safety
plan must:
(1) address safety needs during the school day, at extracurricular
events, and on state-provided school transportation;
(2) provide for continuous monitoring and response to safety
issues;
(3) provide for curriculum which teaches students nonviolent
problem-solving strategies from funds appropriated by the General
Assembly for this purpose;
(4) based upon student needs, encourage and facilitate local law
enforcement, juvenile probation and parole, juvenile corrections, health
and human services, and social rehabilitation agencies to: (a) establish a routine presence in the schools;
(b) participate in appropriate classroom and assembly
programs; and
(c) provide services in a nonstigmatizing way in the schools;
(5) coordinate the security efforts and establish a chain of
command for personnel employed by the school and the district;
(6) within the parameters of legally-mandated confidentiality,
establish effective and reliable methods for the timely sharing of student
information, especially regarding students who have a history of
criminal behavior;
(7) explain how the safety plan has been coordinated with
community emergency plans and relevant state and community agencies;
(8) include a program through which school and district
personnel, students, parents, and relevant state and community agencies
are familiarized with the contents of the plan or, if appropriate, trained
to meet their responsibilities under the plan;
(9) include a service coordination matrix identifying services and
programs provided by community and state resources which are
available to address school and student safety needs including, but not
limited to, services and programs available to address risk factors
associated with violent student behavior;
(10) include a ready reference containing emergency procedures
and current telephone numbers to be used in identified emergencies; and
(11) recommend changes including, but not limited to, changes in
supervision procedures, schedules, curriculum, assignments, training and
technology needed to achieve a safe, secure school environment.
Section 59-66-350. All district and school safety plans must be
reviewed and approved by the district board of trustees.
Section 59-66-360. Each safety committee shall prepare a written
report identifying impediments to cooperation and coordination between
community resources and the district and its schools including, but not
limited to, law enforcement, juvenile probation and parole, juvenile
corrections, health and human services, and social rehabilitation
agencies. In the written report each Safety Committee also shall identify
impediments to the provision of appropriate state and community
resources on the school site. The written report must be provided to the
Schoolhouse Safety Resource Center in the same manner as and with the
relevant safety plan. The written report must contain minority or
dissenting views of committee members and affected agencies, if any.
Section 59-66-370. District and school safety plans must be
submitted for approval to the Schoolhouse Safety Resource Center by
the district superintendent, working through the district safety
coordinator. The Schoolhouse Safety Resource Center shall review
district and school safety plans for purposes of approving or
disapproving each plan. The center shall provide specific
recommendations for revisions to provisionally approved plans and
shall provide technical assistance and specific recommendations for
revisions to disapproved plans.
Section 59-66-380. After approval of the initial safety plans, annual
revisions must be a part of the school or district strategic plan required
by Section 59-20-60.
Section 59-66-390. (A) A Schoolhouse Safety Resource Center is
established within the State Department of Education in the manner the
General Assembly shall provide in the annual general appropriations act.
(B) Duties and responsibilities of the Schoolhouse Safety Resource
Center, in addition to any others assigned to the center by this chapter,
are to:
(1) establish, with the approval of the State Board of Education,
the criteria and process by which school and district safety plans are
evaluated for approval by the center;
(2) publish and disseminate to all schools and school districts a
comprehensive, detailed guide of topics which must be included in
comprehensive school and district safety plans;
(3) with the assistance of the Office of the Attorney General,
identify and provide explanations of state and federal criminal laws
which are relevant to school safety and which supplement school and
district disciplinary codes;
(4) sponsor regional workshops for school and district safety
committees, safety coordinators, and other appropriate school and
district personnel so as to provide training in the development and
implementation of school and district safety plans;
(5) develop or select model curricula for school safety training
programs for faculty and designated staff of all schools and school
districts;
(6) serve as a clearinghouse for information on the best practices
for:
(a) prevention of safety crises;
(b) intervention during safety crises; and
(c) crisis response follow-up;
(7) annually report to the General Assembly on the schools' and
school districts' progress in developing and implementing safety plans;
(8) annually report to the General Assembly on impediments to: (a) coordination and cooperation of safety efforts between:
(i) districts and their schools; and
(ii) relevant state and community resources; and
(b) the provision of appropriate community and state services
in a nonstigmatizing way on the school site;
(9) assist the State Board of Education in developing, modifying,
or selecting curriculum for teaching students peaceful conflict resolution
and nonviolent living; and,
(10) make recommendations to the General Assembly for
improving development and implementation of school and district safety
plans, for increased coordination and cooperation between schools and
relevant state and community resources, and for provision of community
and state services in a nonstigmatizing way on the school site.
Division IV
Pilot Testing School Based Counseling Services
SECTION 15. (A) A three-year pilot project for school-based
counseling services must be established jointly by the Department of
Mental Health and the Department of Education. The purpose of the
project is to provide an array of school-based and child-focused
counseling services developed by the Department of Mental Health in
designated schools. The pilot project must serve at least fourteen
schools during the first year. The number of pilot test sites may be
expanded each of the remaining two years of the pilot test, if adequate
funds are provided and expansion does not compromise supervision and
evaluation of the pilot project.
(B) The services must include, but are not limited to:
(1) a child-focused school-based counseling clinic;
(2) training, consultation, and support programs for school staff.
(C) The schools chosen must be:
(1) geographically representative;
(2) representative of the socio-economic diversity of the State;
(3) representative of various size student populations;
(4) middle and junior high schools.
(D) The Department of Mental Health and the Department of
Education jointly are responsible for selecting individual schools and
mental health centers within the designated parameters for participation
in the pilot project.
(E) (1) The Department of Mental Health is responsible for
providing mental health counselors, student interns, a supervisory
position for the project in the Division of Children, Adolescents, and
Their Families, Department of Mental Health, and basic travel and
operating expenses. The personnel and expenses must be paid for with
funds made available to the department by the General Assembly for this
purpose.
(2) The local education authorities are responsible for providing
appropriate office space and furniture for the mental health personnel
stationed at the designated schools.
(3) The Department of Mental Health and the Department of
Education shall seek Medicaid reimbursement to offset the cost of the
pilot project to the State and shall consult with the Health and Human
Services Finance Commission to estimate the resulting revenue as a
result of services as a match for federal Medicaid reimbursement. The
designated centers and schools are required to explore ways of
redirecting or expanding support other than state funds. The department
shall maximize the probability of federal or foundation funding or both.
(F) (1) There is established a School-Based Mental Health Pilot
Project Advisory Board consisting of one member appointed by each of
the following: the State Superintendent of Education, the Director of the
Department of Mental Health, and the chair of the
Legislative-Governor's Committee on Mental Health and Mental
Retardation. The chair of the advisory board shall appoint other
appropriate individuals to serve as the advisory board considers
necessary.
(2) The advisory board shall meet quarterly to review pilot project
information and advise with regard to the project's implementation.
Participating centers and schools shall provide quarterly updates to the
advisory board.
(3) The involved departments shall submit an annual report
containing a financial statement, which includes Medicaid
reimbursement data, and a report of activities no later than September
first each year of the project to the Legislative-Governor's Committee on
Mental Health and Mental Retardation on the progress of the pilot
project.
(4) The Division of Children, Adolescents, and Their Families,
Department of Mental Health, is responsible for providing staff support
to the advisory board.
(G) The Department of Mental Health, in consultation and
cooperation with the Department of Education, shall establish before
December 1, 1994, an evaluation procedure which includes the
collection of data and allows the process to be evaluated and, to the
extent possible, it must measure the effectiveness of the project as a
whole and the effectiveness in individual schools. The Department of
Mental Health shall cause an independent evaluation of the pilot project,
as a whole and in its aggregate parts, to be conducted and presented to
the Senate Medical Affairs Committee, the House Medical, Municipal,
Military and Public Affairs Committee, the Senate Education
Committee, the House Education and Public Works Committee, the
Legislative-Governor's Committee on Mental Health and Mental
Retardation, and the Joint Legislative Committee on Children and
Families not later than December 15, 1997.
(H) If school-based counseling proves successful during pilot testing,
it is the intent of the General Assembly that successful counseling
services be implemented statewide in all public middle and junior high
schools over a three-year phase in period beginning with the 1997-98
school year. Upon funding for statewide implementation by the General
Assembly, the Department of Mental Health and the State Board of
Education, through the State Department of Education, are responsible
for causing implementation to occur with priority for funding given to
schools with the greatest need for counseling services.
(I) Throughout any phase in to statewide implementation, the
Department of Mental Health, in cooperation and consultation with the
Department of Education, shall continue to cause the programs to be
evaluated and indicated refinements made.
(J) The General Assembly shall appropriate funds for the planning,
development, pilot testing, evaluation, and statewide implementation of
this section.
Division V
Establishing Responsibilities Between
Parents and Schools
SECTION 16. This division may be cited as the "Parent-School
Responsibilities Act".
Subdivision A
Creating Partnerships Between Parents
and Schools
SECTION 17. The 1976 Code is amended by adding:
"Section 59-17-130. The school districts of this State shall
encourage parents to become involved in their children's education as
early as possible and make parental involvement and home-school
relations a major component of school improvement efforts. The school
districts shall keep records of at-risk children, as defined by the
department in regulation, and their behavior, provide counseling when
available, assist parents in understanding their children's behavior, and
when necessary refer children and their parents to other appropriate state
agencies for assistance in correcting existing problems and preventing
future problems."
SECTION 18. The 1976 Code is amended by adding:
"Section 59-26-90. The State Board of Education shall
promulgate regulations to provide that school guidance counselors are
employed primarily to counsel students, give group guidance where
appropriate, and work with the students, parents, and teachers."
SECTION 19. Section 20-7-20 of the 1976 Code is amended by
adding at the end:
"(G) The State has a paramount interest in ensuring that
children receive a primary and secondary education. State and county
officials shall do everything within their jurisdictional authority to carry
out the provisions of the South Carolina school attendance law and the
South Carolina Children's Code to prevent school nonattendance."
Subdivision B
Improving Handling of Nonattendance Cases
SECTION 20. The 1976 Code is amended by adding:
"Section 20-7-1352. The requirement of acceptable school
attendance and appropriate behavior must be an integral part of all
probation orders."
SECTION 21. The 1976 Code is amended by adding:
"Section 20-7-1353. Probation and parole counselors are
required to assist in the reenrollment of all their clients who are children
in the public schools upon the child's release from confinement facilities
and to report to the State Department of Education and the appropriate
local advocacy group for children a school's refusal to reenroll or enroll
a child."
SECTION 22. The 1976 Code is amended by adding:
"Section 59-65-55. (A) If, during the activities designed to
remedy truant behavior as provided in Sections 59-65-50 and 59-65-60,
the parent or guardian of the student who is the subject of these activities
transfers the student to another school district in the State, the
administration of the school from which the student transferred shall
include all plans and documentation associated with improving
attendance with the official records that are sent to the receiving school
district. The receiving school district must continue the activities as
specified in the plans or documentation, unless the activities are
modified in a conference with the family or in a proceeding before the
family court, as appropriate.
(B) No one except the board of trustees or its designee may institute
the proceedings provided in this article. A school board which wilfully
fails to follow the requirements of this section may be cited by the State
Board of Education with an accreditation deficiency under the defined
minimum program."
SECTION 23. Section 59-65-20 of the 1976 Code, is amended to
read:
"Section 59-65-20. If any a parent
or guardian who wilfully neglects to enroll his child or
ward or refuses to make such child or ward attend school shall, upon
conviction, be fined in school as provided in this article, the
school district shall report such nonenrollment to the solicitor in writing.
The solicitor immediately shall petition the Family Court for an order
directing the parent or guardian to appear before the court for a hearing.
At the hearing the court may order the parent or guardian to enroll the
child in school. A parent or guardian who fails to comply with the order
may be held in contempt and fined not more than fifty dollars or be
imprisoned not more than thirty days;. Each day's
absence shall constitute a separate offense; provided.
However, the court may in its discretion may
suspend the sentence of anyone convicted of the provisions of this
article."
SECTION 24. Section 59-65-50 of the 1976 Code is amended to
read:
"Section 59-65-50. If the board of trustees of a school
district or its designee is unable to obtain the school attendance of a
child in the age group specified in Section 59-65-10, the board or its
designee shall report such nonattendance in writing to the juvenile court
or such other court in the county as may have jurisdiction of juveniles
but exclusive of magistrate's courts notwithstanding the provisions of
Section 22-3-540; provided, that no one except the board of trustees or
its designee shall have the authority to institute the proceedings herein.
(A) The board of trustees of a school district shall notify all
enrolled students and parents or guardians of students of the school
attendance laws and the penalties and consequences at the beginning of
each school year. The student's parent or guardian must be notified of
the student's unlawful absences. Notice must be by telephone contact
with the student's parent or guardian by the end of the following school
day, by regular mail sent no later than the following school day, or by
any other reasonable means.
(B) (1) After three consecutive unlawful absences or five
cumulative unlawful absences, the school district shall determine if the
child's future achievement, attendance, or well-being is in jeopardy and
if so schedule a conference with the student and parent or guardian and
formulate a proposed intervention plan to ensure the student's continued
attendance. The district shall make every reasonable effort to schedule
the conference at a mutually convenient time and place which does not
conflict with the parent's or guardian's employment, and shall provide or
arrange for transportation where necessary to enable the parent or
guardian to attend.
(2) Before the conference, appropriate school personnel,
including special education staffs, must have reviewed all pertinent
school records, met with the child if possible, and taken other necessary
steps to determine:
(a) whether curriculum changes would assist in resolving the
nonattendance problem. Such curriculum changes may include
enrollment of the child in an alternative educational program, including
vocational education, that meets the child's specific educational and
behavioral needs;
(b) whether there are psychological problems, learning
disabilities, or other physical or mental disabilities contributing to the
child's nonattendance;
(c) whether there are related health or human services needs or
economic needs, including needs of other family members, that may be
impeding the child's school attendance.
(3) Based on the determinations made by school personnel
pursuant to this subsection and on other pertinent information, the
district shall work with the parent or guardian at the time of the
nonattendance conference to formulate a proposed intervention plan.
The plan must address:
(a) the reasons for nonattendance, as stated by the parent or
guardian and by the child;
(b) an assessment of the needs to be met to facilitate the child's
future attendance;
(c) the actions to be taken by the parent or guardian to resolve
the nonattendance problem;
(d) the actions to be taken by the student to resolve the
nonattendance problem;
(e) the actions to be taken by the school to resolve the
nonattendance problem, including actions to address any academic
deficiencies that may be contributing to the child's nonattendance;
(f) referrals to other agencies or services for the student or the
family, as appropriate and as indicated by the needs assessment;
(g) signatures of the parent or guardian and, if appropriate, of
the student;
(h) whether the child should be referred for evaluation for
special education or whether an existing individual education plan
should be revised. An individual education plan that includes the items
contained in items (a) through (g) may be used as the proposed
intervention plan.
The plan must be reduced to writing by the school district, a copy
included in the child's permanent record, and a copy provided to the
parent or guardian no later than five working days after the conference.
(4) The district must designate an individual to be responsible for
follow-up, monitoring, and any subsequent adjustment of the plan. The
signature of the designated individual must appear on the plan. Districts
and schools are encouraged to make use of team approaches that utilize
input and participation by teachers, guidance counselors, attendance
supervisors, and other appropriate school or agency personnel.
(5) If the parent or guardian fails to comply with the request for
a conference with attendance officials, the board of trustees or its
designee shall report the nonattendance in writing to the family court
and shall apply for a court administration document utilizing forms
developed by the Office of Court Administration ordering the parent or
guardian to appear at a place designated by the school official. The
family court shall issue the Office of Court Administration document
upon request in the manner that jury summons are issued. If the parent
or guardian fails to comply with the summons, the school district may
have the solicitor apply for an order from the family court directing the
parent or guardian to appear and show cause why the parent or guardian
should not be held in contempt. Contempt is punishable by a fine of
fifty dollars, thirty days imprisonment, or public service, or a
combination of them.
(C) After a child has had six consecutive unlawful absences or a total
of eight unlawful absences, the school district may file a report with the
solicitor if it is determined that future achievement, attendance, or
well-being are in jeopardy. The report must indicate the affirmative
action taken by the district to work with the child, with the parent or
guardian and all other appropriate entities to secure the child's
attendance. Filing of such a report does not relieve the school district of
its responsibility to continue to seek a cooperative resolution of the
nonattendance problem up to the time the case is heard in
court."
SECTION 25. Section 59-65-60 of the 1976 Code is amended to
read:
"Section 59-65-60. (a) Upon receipt of such report, the
court may forthwith order the appearance before such court of the
responsible parent or guardian and if it deems necessary, the minor
involved, for such action as the court may deem necessary to carry out
the provisions of this article.
(b) The court may, after hearing upon ten days notice, order such
parent or guardian to require such child to attend school and upon failure
of such parent to comply with such order may punish such parent or
guardian as by contempt, provided, that punishment for such contempt
cannot exceed fifty dollars or thirty days imprisonment for each offense.
The procedure herein provided shall be alternative to the penalties
provided in Section 59-65-20.
(A) Upon the tenth unlawful absence, the further accumulation
of unlawful absences for the purpose of school attendance must be tolled
until the date of the family court hearing. Within twenty-four hours
following the tenth unlawful absence, the school district shall make a
report of the nonattendance to the solicitor. The report must indicate the
affirmative action taken by the district to work with the child and with
the parent or guardian and all other appropriate entities to secure the
child's attendance. If this deadline falls upon a weekend, the school
district shall have until five o'clock p.m. the following Monday to
discharge this duty. This report must be made regardless of whether any
action has already been commenced under subsection (G) of this section
and the following mandatory timelines shall apply whenever the number
of unlawful absences reaches ten.
Within forty-eight hours following receipt of the report, the solicitor
shall file the complaint. If this deadline falls upon a weekend, the
solicitor shall have until five o'clock p.m. the following Monday to
discharge this duty. After the filing of the complaint for nonattendance,
personal service upon the parent or guardian and child must be
expedited by the local authorities. An attendance hearing upon the
merits of the complaint must be held in the family court within five days
following service. However, when the end of the fifth calendar day falls
on a weekend, the hearing must be scheduled on the following Monday.
(B) At the attendance hearing the district must make available a copy
of the intervention plan, the individual education plan, if any, and, to the
extent that it is not include in the plan, information of the child's
academic performance including, but not limited to, the total number of
absences, test scores, results of psychological evaluations, and number
and type of disciplinary actions taken.
(C) At the attendance hearing the court shall determine whether the
parent or guardian, student, and school have taken the actions assigned
to each of them in the intervention plan. The court also shall consider
the determinations made by school personnel pursuant to subsection (D)
of this section and the extent of the investigation conducted by the
school district before formulation of the intervention plan, as well as any
other relevant evidence.
On appropriate findings, the court may:
(1) order any party who has failed to perform activities assigned
in the intervention plan to perform such activities;
(2) order the intervention plan modified in a manner specified by
the court, and that activities assigned to parties in the modified plan be
performed;
(3) direct the district to further investigate the circumstances
surrounding the child's absence from school, including an evaluation of
any special educational, psychological, physical, or other needs of the
child, modify the intervention plan as indicated by the findings of the
investigation, and implement the modified plan;
(4) order the parent or guardian to attend a parental responsibility
program approved by the Department of Education;
(5) order the child to attend school by placing the child under
an attendance order which may require that the child have no unlawful
absences from school for the remainder of the current school year or for
a longer period as appropriate.
(D) A parent or guardian who fails to comply with an order of the
court must be ordered to appear and show cause why he should not be
held in contempt. Contempt is punishable by a fine of not more than
two hundred fifty dollars or imprisonment of not more than thirty days
for each offense. A parent or guardian who has made a bona fide and
diligent effort to comply with the order of the court and to keep the child
in school may not be held in contempt.
At the time of the contempt hearing, the court may take any of the
actions specified in subsection (C), either instead of or in addition to
entering a finding of contempt. In sentencing the parent or guardian, the
court shall give preference to that penalty or service or combination of
penalties and service that shows the most promise of achieving
long-term improvement in the child's school attendance and
achievement.
The court may suspend or reduce a fine or jail term imposed if the
parent or guardian successfully completes a parental responsibility
program or other service, treatment, or activity ordered by the court.
Imprisonment should be used only after it is demonstrated that other
efforts have failed and that the parent or guardian wilfully fails to
comply with the order of the court.
(E) If a child violates the terms of an attendance order imposed on
him by the court and is brought back into court for this violation, the
court shall make a finding as to whether a child's nonattendance in
school has occurred in spite of the parent's or guardian's bona fide
attempt to control and keep the child in school. The court shall make a
further finding as to whether the school district has taken all appropriate
action to remedy the nonattendance situation.
If the court's findings are affirmative in both cases, the court may
declare the child to be a truant, adjudicate the child a status offender,
and subject the child to the provision of law in these cases.
(F) If the child is found to be an habitual or chronic truant, the
family court must enter an order making one or more of the following
dispositions:
(1) refer the child for community-based evaluation;
(2) order the child to remain at home except during hours in
which the child is attending religious worship or a school program, with
the stipulation that the child may leave his home if accompanied by a
parent or guardian;
(3) place the child on probation;
(4) commit the child to the residential program for status
offenders at the Department of Juvenile Justice; or
(5) direct other reasonable action for the best interest of the child,
including community service but excluding detention.
Before a child may be committed to the Department of Juvenile
Justice's Reception and Evaluation Center or residential program for
status offenders, the court shall consider whether all appropriate
alternative services and programs available in the community have been
exhausted. In sentencing the child, the court shall give preference to that
penalty or combination of penalties that shows most promise of
long-term improvement in the child's school attendance and
achievement."
SECTION 26. The provisions of Sections 22, 23, 24, and 25 do not
alter, amend, or repeal the provisions of Section 59-65-30 of the 1976
Code, relating to the exceptions to compulsory attendance laws or
Section 59-65-40 relating to home schooling programs.
SECTION 27. Section 20-7-600 of the 1976 Code is amended by
adding an appropriately lettered subsection to read:
"( ) If a child is found violating compulsory school
attendance laws without reasonable justification, the child must be taken
into custody by law enforcement for the purpose of transporting the
child to school. The taking of a child into custody pursuant to this
subsection must not be termed an arrest."
Subdivision C
Enhancing Jurisdiction of Family Court
To Compel Family Participation in Services
to Improve Student Behavior
SECTION 28. The 1976 Code is amended by adding:
"Section 20-7-1351. In addition to the jurisdiction of the
family court as provided in Article 5 of this chapter, the family court has
jurisdiction to order parents of children identified as `in need of services
or counseling to prevent violent behavior' to appear before the court, and
upon finding that the child's behavior can be modified, the court may
order an assessment of the family or family participation in treatment or
services to improve the behavior. A parent may be held in contempt of
court for failure to comply with this section. Parents may be ordered by
the family court to participate in family counseling or in other programs
or services. The court may hold a parent in contempt and fine or
otherwise sanction a parent for failure to comply with an order of the
court. However, a contempt citation applied against an individual
family member must be applied only as a last resort and only may be
applied if based upon noncompliance or noncooperation with the
treatment, rehabilitative, or supervision services required by the court
and then only until compliance with these requirements is obtained.
Parents also may be referred to the Department of Juvenile Justice, the
Department of Mental Health, the Continuum of Care for Emotionally
Disturbed Children, the Department of Social Services, or any
recognized volunteer organization, as appropriate, for family assessment,
counseling, and service."
Division VI
Removing Confidentiality of Juvenile Records
SECTION 29. Section 20-7-600(D) of the 1976 Code, as last
amended by Act 571 of 1990, is further amended to read:
"(D) Peace officers' records of children must be kept separate
from records of adults, must not be open to public inspection, and may
be open to inspection only by governmental agencies authorized by the
judge; however, the record of a child is open to public inspection if
the record pertains to:
(1) a violent crime as defined in Section 16-1-60;
(2) a crime in which an illegal weapon was used;
(3) distribution or trafficking in unlawful drugs as defined in Title
44, Chapter 53, Article 3; or
(4) an alcohol related offense for which the penalty is more than
one year."
SECTION 30. Section 20-7-600 of the 1976 Code, as last amended
by Section 282, Act 181 of 1993, is further amended by adding an
appropriately numbered subsection to read:
"( ) When a child is taken into custody by a law enforcement
officer for an offense which would be a misdemeanor or felony if
committed by an adult, not including traffic or wildlife violations over
which courts other than the family court have concurrent jurisdiction as
provided for in Section 20-7-410, the law enforcement officer also shall
notify the principal of the school in which the child is enrolled of the
nature of the offense. This information may be used by the principal for
monitoring and supervisory purposes but otherwise must be kept
confidential by the principal in the same manner required by Section
20-7-780."
SECTION 31. Section 20-7-770 of the 1976 Code, as last amended
by Section 285, Act 181 of 1993, is further amended to read:
"Section 20-7-770. Notwithstanding the right of a person to
petition the family court pursuant to Section 20-7-780 for the release of
a person's record of juvenile adjudications, upon the request of the
Attorney General or a circuit solicitor which is made pursuant to a
current criminal investigation or prosecution, the Department of Juvenile
Justice shall provide the requesting party with a copy of the juvenile
criminal record of a person adjudicated as a juvenile for the commission
of:
(1) a violent crime as defined in Section 16-1-60;
(2) a crime in which an illegal weapon was used;
(3) distribution or trafficking in unlawful drugs as defined in Article
3, Chapter 53, Title 44; or
(4) an alcohol related offense for which the penalty is more than one
year. A person with a record for an adjudicated violent crime
must have his juvenile criminal record maintained by the Department of
Juvenile Justice for at least ten years after the date of the violent offense
adjudication.
The Department of Juvenile Justice must maintain a juvenile's
record for the same period that the Department of Corrections is required
to maintain the record for offenses committed by an adult when the
offense is one for which the record must be provided pursuant to this
section."
SECTION 32. Section 20-7-780 of the 1976 Code, as last amended
by Section 286, Act 181 of 1993, is further amended to read:
"Section 20-7-780. (A) The court shall make and keep
records of all cases brought before it the court and shall
devise and cause to be printed forms for social and legal records and
other papers as may be required. The official juvenile records of the
courts and the Department of Juvenile Justice are open to inspection
only by consent of the judge to persons having a legitimate interest but
always must be available to the legal counsel of the juvenile. All
information obtained and social records prepared in the discharge of
official duty by an employee of the court or Department of Juvenile
Justice is confidential and must not be disclosed directly or indirectly to
anyone, other than the judge or others entitled under this chapter
to receive this information unless otherwise ordered by the judge.
However, these records are open to inspection without the consent of the
judge where the records:
(1) are necessary to defend against an action initiated by
a juvenile.; or
(2) pertain to:
(a) a violent crime as defined in Section 16-1-60;
(b) a crime in which an illegal weapon was used;
(c) distribution or trafficking in unlawful drugs as defined
in Article 3, Chapter 53, Title 44; or
(d) an alcohol-related offense for which the penalty is more
than one year.
(B) The When a juvenile is charged with a violent crime
as defined in Section 16-1-60 or with a crime in which an illegal weapon
was used, the Department of Juvenile Justice, if requested, shall
provide the victim of a violent the crime, as defined
in Section 16-1-60, with the name and other basic descriptive
information about the juvenile charged with the crime and with
information about the juvenile justice system, and the
status and disposition of the delinquency action, including
hearing dates, times, and locations, and with
information concerning services available to victims of juvenile
crime. The name, identity, or picture of a child under fourteen years
of age who is under the jurisdiction of the court, pursuant to this
chapter, must not be made public by a newspaper, radio, or television
station except as authorized by order of the court or if the juvenile
is charged with:
(1) a violent crime as defined in Section 16-1-60;
(2) a crime in which an illegal weapon was used;
(3) distribution or trafficking in unlawful drugs as defined in
Article 3, Chapter 53, Title 44;
(4) an alcohol-related offense for which the penalty is more than
one year; or
(5) being a Peeping Tom as defined in Section 16-17-470. That
treatment be mandated for persons convicted.
(C) A juvenile charged with committing a violent offense as
defined in Section 16-1-60, or charged with committing grand larceny
of a motor vehicle, may be fingerprinted by the law enforcement
agency who takes the juvenile into custody if the juvenile is charged
with:
(1) a violent crime as defined in Section 16-1-60;
(2) grand larceny of a motor vehicle;
(3) a crime in which an illegal weapon was used;
(4) distribution or trafficking in unlawful drugs as defined in
Article 3, Chapter 53, Title 44; or
(5) an alcohol-related offense for which the penalty is more
than one year.
(D) A juvenile charged with committing a
nonviolent an offense other than those enumerated in subsection
(C) or a status offense must may not be
fingerprinted by law enforcement except upon order of a family court
judge. The fingerprint records of a juvenile must may
be kept separate from the fingerprint records of adults. The fingerprint
records of a juvenile must may not be transmitted to the
files of the State Law Enforcement Division or to the Federal Bureau of
Investigation or otherwise distributed or provided to another law
enforcement agency unless the juvenile is adjudicated delinquent for
having committed:
(1) a violent offense, as defined in Section
16-1-60,; or
(2) grand larceny of a motor vehicle;
(3) a crime in which an illegal weapon was used;
(4) distribution or trafficking in unlawful drugs as defined in
Article 3, Chapter 53, Title 44; or
(5) an alcohol-related offense for which the penalty is more than
one year.
The fingerprint records of a juvenile who is not adjudicated
delinquent for having committed (a) a violent offense, as defined in
Section 16-1-60, or (b) grand larceny of a motor vehicle a crime
enumerated in this subsection upon notification to law enforcement,
must be destroyed or otherwise expunged by the law enforcement
agency who took the juvenile into custody. The Department of Juvenile
Justice may fingerprint and photograph a juvenile upon commitment to
a juvenile correctional institution. Fingerprints and photographs taken
by the Department of Juvenile Justice remain confidential and
must may not be transmitted to the State Law
Enforcement Division, the Federal Bureau of Investigation, or another
agency or person, except for the purpose of aiding the department in
apprehending an escapee from the department or assisting the Missing
Persons Information Center in the location or identification of a missing
or runaway child or except as otherwise provided for in this section."
SECTION 33. Section 20-7-1335 of the 1976 Code, as added by Act
108 of 1987, is amended to read:
"Section 20-7-1335. (A) A juvenile not previously
adjudicated delinquent for committing an offense which would have
been a crime if committed by an adult, who has been taken into
custody, or charged with, or adjudicated
delinquent for having committed a status offense or a nonviolent
criminal offense, not prohibited in subsection (C) from being
expunged, may petition the family court for an order destroying all
official records relating to his being taken into custody, the
charges filed against him, his the adjudication,
and the disposition. The granting of the order is discretionary
with the court. However, the court may not grant the order unless it finds
that the person who is seeking to have his these records
destroyed is at least eighteen years of age, has fully and successfully
completed any dispositional sentence imposed upon him, and
has neither been charged nor is not currently charged
with committing any additional criminal offenses.
(B) For purposes of this section, an adjudication is
considered a previous adjudication only if it occurred prior to
before the date the subsequent offense was committed.
(C) Under no circumstances is a person allowed to expunge
from his record an adjudication for having committed:
(1) a violent crime, as that term is defined
in Section 16-1-60; (2) a crime in which an illegal weapon was
used;
(3) distribution or trafficking in unlawful drugs as defined in
Article 3, Chapter 53, Title 44; or
(4) an alcohol-related offense for which the penalty is more than
one year unless the person is not more than twenty-five years of age and
has not been adjudicated delinquent or convicted of an offense described
in this subsection within the preceding six years.
(D) If the order is granted by the court, no evidence of the
records may be retained by any a law enforcement
agency or by any a municipal, county, or state agency
or department. The effect of the order is to restore the person in the
contemplation of the law to the status he the person
occupied before he was being taken into custody. No
person to whom the order has been entered may be held thereafter under
any provision of any law to be guilty of perjury or otherwise
giving false statement by reason of his the person's
failure to recite or acknowledge the charge or adjudication in response
to an inquiry made of him the person for any
purpose."
SECTION 34. Section 20-7-3300 of the 1976 Code, as last amended
by Section 328, Act 181 of 1993, is further amended to read:
"Section 20-7-3300. Records and information of the
department pertaining to juveniles are confidential as provided in
Section 20-7-780. However, where necessary and appropriate to ensure
the provision and coordination of services and assistance to a juvenile
under the custody or supervision of the department, the director must
establish policies by which the department may transmit information and
records to another department, or agency, or school
district of state or local government, or to a school
district or to a private institution or facility licensed by the State as
a child serving organization, where the information is required for
admission or enrollment of the juvenile into a program of services,
treatment, training, or education. If requested, records a
juvenile has been adjudicated and committed to the Department of
Juvenile Justice for having committed:
(1) a violent crime as defined in Section 16-1-60;
(2) a crime in which an illegal weapon was used;
(3) distribution or trafficking in unlawful drugs as defined in Article
3, Chapter 53, Title 44; or
(4) an alcohol-related offense for which the penalty is more than one
year, the record and information provided to a public or private
school by the Department of Juvenile Justice must include in the case
of an individual who has been adjudicated for having committed a
violent crime, as defined in Section 16-1-60, the unlawful use of
possession of a weapon, assault and battery of a high and aggravated
nature, or the unlawful sale of drugs whether or not it is considered to be
drug trafficking, a copy of, and, if requested, information
pertaining to that person's juvenile criminal record. A request for
The department must provide the information must be
in writing from to the principal of the school the
juvenile is attending or seeking to attend and must contain the juvenile's
name, address, and social security number as contained in the records of
the school district. If a juvenile has been adjudicated and committed to
the Department of Juvenile Justice for such an offense
enumerated in this section, the person's juvenile criminal record
must be provided by the Department of Juvenile Justice to the principal
of the school which the juvenile is eligible to attend immediately upon
the person's release from the Department of Juvenile Justice. Each
school district is responsible for developing a policy for schools to
follow within the district which ensures that the confidential nature of
these records and of the other information received is maintained.
This policy must include at a minimum the retention of the juvenile's
criminal record, and other information relating to his criminal record, in
the juvenile's school disciplinary file, or in some other confidential
location, restricting access to the file and to its contents to school
personnel as considered necessary and appropriate to meet and
adequately address the educational needs of the juvenile and for the
destruction of these records upon the juvenile's completion of secondary
school, or upon reaching twenty-one years of age."
Division VII
SECTION 35. All references in this act to a violent crime as defined
in Section 16-1-60 of the 1976 Code is the definition existing on this
act's effective date or the definition as may be amended after this act's
effective date.
SECTION 36. Section 17-22-60 of the 1976 Code, as last amended
by Act 499 of 1992, is further amended to read:
"Section 17-22-60. (A) Intervention shall be
is appropriate only where:
(1) The offender is seventeen years of age or older;
(2)(1) there is substantial likelihood that justice
will be served if the offender is placed in an intervention program;
(3)(2) it is determined that the needs of the
offender and the State can better be met outside the traditional criminal
justice process;
(4)(3) it is apparent that the offender poses no
threat to the community;
(5)(4) it appears that the offender is unlikely to be
involved in further criminal activity;
(6)(5) the offender, in those cases where it is
required, is likely to respond quickly to rehabilitative treatment;
(7)(6) the offender has no significant history of
prior delinquency or criminal activity.;
(8)(7) The offender has not previously been
accepted in a pretrial intervention program.
(B) When jurisdiction in a case involving a child sixteen years of
age or older is acquired by the circuit court pursuant to Section
14-21-540 of the 1976 Code, the provision of item (1) of subsection (A)
of this section shall not be applicable."
SECTION 37. This act takes effect on July 1, 1994, except the
following take effect July 1, 1995:
(1) Section 5;
(2) Section 11;
(3) Section 13;
(4) Sections 59-66-20, 59-66-30, 59-66-50 and 59-66-60, as added
to the 1976 Code by Section 14;
(5) Sections 22, 23, 24, 25, and 26;
(6) Sections 59-66-70(A), (B), (C), (D), (E), (F), (H), (I), and (J).
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