S 134 Session 110 (1993-1994)
S 0134 General Bill, By M.T. Rose
Similar(H 3521)
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.
01/12/93 Senate Introduced and read first time SJ-62
01/12/93 Senate Referred to Committee on Judiciary SJ-62
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.
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. 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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