H 3521 Session 110 (1993-1994)
H 3521 General Bill, By S.S. Wofford, H. Brown, Simrill and Young-Brickell
Similar(S 134)
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.
02/18/93 House Introduced and read first time HJ-3
02/18/93 House Referred to Committee on Judiciary HJ-3
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 supervised by the Department of Youth Services 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 supervised
by the Department of Youth Services. 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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