S 1465 Session 109 (1991-1992)
S 1465 General Bill, By M.T. Rose
A Bill to amend Section 20-7-1330, as amended, Code of Laws of South Carolina,
1976, relating to dispositional powers of the family court and procedures used
in adjudicating cases, so as to permit the court to impose both monetary
restitution and community service restitution as conditions of probation, to
require juveniles performing community service restitution to pay a
supervision fee, to require juveniles paying monetary restitution to pay a
surcharge on the amount, and to allow the Department of Youth Services to
retain and carry forward these fees for the purpose of administering these
programs.
04/14/92 Senate Introduced and read first time SJ-3
04/14/92 Senate Referred to Committee on Corrections and Penology SJ-3
05/19/92 Senate Committee report: Favorable Corrections and
Penology SJ-14
05/21/92 Senate Read second time SJ-25
05/21/92 Senate Ordered to third reading with notice of
amendments SJ-25
05/27/92 Senate Amended SJ-76
05/27/92 Senate Read third time and sent to House SJ-76
05/28/92 House Introduced and read first time HJ-16
05/28/92 House Referred to Committee on Judiciary HJ-17
Indicates Matter Stricken
Indicates New Matter
AS PASSED BY THE SENATE
May 27, 1992
S. 1465
Introduced by SENATOR Rose
S. Printed 5/27/92--S.
Read the first time April 14, 1992.
A BILL
TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITIONAL
POWERS OF THE FAMILY COURT AND PROCEDURES USED IN
ADJUDICATING CASES, SO AS TO PERMIT THE COURT TO
IMPOSE BOTH MONETARY RESTITUTION AND COMMUNITY
SERVICE RESTITUTION AS CONDITIONS OF PROBATION, TO
REQUIRE JUVENILES PERFORMING COMMUNITY SERVICE
RESTITUTION TO PAY A SUPERVISION FEE, TO REQUIRE
JUVENILES PAYING MONETARY RESTITUTION TO PAY A
SURCHARGE ON THE AMOUNT, AND TO ALLOW THE
DEPARTMENT OF YOUTH SERVICES TO RETAIN AND CARRY
FORWARD THESE FEES FOR THE PURPOSE OF
ADMINISTERING THESE PROGRAMS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-1330 of the 1976 Code, as last amended
by Act 615 of 1988, is further amended to read:
"Section 20-7-1330. (A) When a child is found by
decree of the court to come within the provisions of Section 20-7-400,
the court shall in its decree make a finding of the facts upon which the
court exercises its jurisdiction over the child. Following the decree, the
court may, by order:
(a)(1) place the child on probation or under
supervision in his the child's own home or in the
custody of a suitable person elsewhere, upon conditions
as the court may determine determines. A child
placed on probation by the court remains under the authority of the court
only until the expiration of the specified term of his probation.
This specified term of probation may expire before but not after the
eighteenth birthday of the child. Unless otherwise ordered by the
court, while on probation a child must be supervised by the Department
of Youth Services. Probation means casework services during
a continuance of the case. Probation must not be ordered or
administered as punishment, but as a measure for the protection,
guidance, and well-being of the child and his the child's
family. Probation methods must be directed to the discovery and
correction of the basic causes of maladjustment and to the development
of the child's personality and character, with the aid of the social
resources of the community. The court may impose monetary
restitution or participation in supervised work or community service
restitution, or both, as a condition of probation. The
Department of Youth Services, in coordination with other state
and local community agencies, shall develop and encourage the
development of supervised work sites and places of employment
for a child ordered to perform supervised work or community
service restitution which is of a constructive in
nature designed to make reparation and to promote the rehabilitation of
the child. If the court imposes as a condition of probation a
requirement that restitution in a specified amount be paid, the
amount to be paid as restitution may not exceed five hundred
dollars. The Department of Youth Services shall develop a system for
the transferring of a court ordered restitution
payment from the juvenile to the victim or owner of property
injured, destroyed, or stolen;
A juvenile ordered to perform community service restitution as
a condition of probation or who agrees to perform community service
restitution as a condition of participating in a pretrial diversionary
program shall pay a supervision fee to the Department of Youth Services
one dollar for every five hours of community service restitution ordered
performed or which is agreed to be performed by the juvenile up to fifty
dollars for each offense. This supervision fee is due and payable on the
date of the dispositional hearing or on the date the juvenile accepts the
conditions imposed for participation in a pretrial diversionary program.
Due to indigency, the supervision fee and monetary restitution surcharge
may be waived by the court if imposed as a condition of probation or by
the solicitor if imposed as a condition for participation in a pretrial
diversionary program. A juvenile who is ordered to pay monetary
restitution must pay a fifteen percent surcharge on all restitution
payments. The supervision fees and monetary restitution surcharges
must be retained by the Department of Youth Services and used to
supervise and administer these programs. Fees and surcharges collected
may be retained and carried forward from one fiscal year to the next to
be used for the same purposes;
(b)(2) as a condition of probation impose upon
the juvenile a fine not exceeding two hundred dollars when the offense
is one in which a magistrate, or municipal, or
circuit court judge has the authority to impose a fine. A fine may be
imposed when commitment is suspended but not in addition to
commitment;
(c)(3) commit the child to the custody of the
Department of Youth Services or to the guardianship of a
any other public or private institution or agency authorized to
care for children or to place them a child in
a family homes home 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;
(d)(4) cause a child concerning whom a petition
has been filed to be examined or treated by a physician, psychiatrist, or
psychologist and for that purpose place the child in a hospital or other
suitable facility;
(e)(5) order other care and treatment as it
considers best, except as otherwise provided in this section. In support
of an order, the court may require the parents or other persons
having custody of the child, or any other person who has been
found by the court to be encouraging, causing, or contributing to the acts
or conditions which bring the child within the purview of this
chapter, to do or omit to do perform acts
required or forbidden by law, or refrain from acts
prohibited by law when the judge considers the requirement
necessary for the welfare of the child. In case of failure to comply with
the requirement, the court may proceed against those persons
a person for contempt of court;
(f)(6) dismiss the petition or otherwise
terminate its jurisdiction at any time, on the motion of either
party or on its own motion.
(B) No adjudication by the court of the status of a child is
a conviction,; nor does the no
adjudication operate to impose imposes civil disabilities
ordinarily resulting from conviction,; nor may a
and no child may be charged with a crime or
convicted in a court, except as provided in Section 20-7-430(6).
The disposition made of a child, or any evidence given in
court, does not disqualify the child in a future civil service
application or appointment.
(C) Whenever If the court commits a child
to an institution or agency, it shall transmit with the order of
commitment a summary of its information concerning the child, and the
institution or agency shall give to the court information
concerning the child which the court may require. Counsel of record, if
any, must be notified by the court of an adjudication under this section,
and in the event there is no counsel of record, the child, or
its the child's parents, or guardian must be
notified of the adjudication by regular mail from the court to the last
address of the child, its or the child's
parents, or guardian."
SECTION 2. This act takes effect upon approval by the Governor.
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