S 0124 General Bill, By Holland
 A BILL TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO
 PROVIDE THAT A YOUTHFUL OFFENDER INCLUDES A PERSON UNDER SEVENTEEN YEARS OF
 AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY.

   01/11/01  Senate Introduced and read first time SJ-13
   01/11/01  Senate Referred to Committee on Corrections and Penology SJ-13
   03/01/01  Senate Recalled from Committee on Corrections and
                     Penology SJ-4
   03/01/01  Senate Committed to Committee on Judiciary SJ-4
   04/25/01  Senate Committee report: Favorable Judiciary SJ-19
   04/26/01  Senate Read second time SJ-18
   04/26/01  Senate Unanimous consent for third reading on next
                     legislative day SJ-18
   04/27/01  Senate Read third time and sent to House SJ-3
   05/01/01  House  Introduced and read first time HJ-9
   05/01/01  House  Referred to Committee on Judiciary HJ-9

Indicates New Matter

COMMITTEE REPORT

April 25, 2001

    S. 124

S. Printed 4/25/01--S.

Read the first time January 11, 2001.

    To whom was referred a Bill (S. 124) to amend Section 24-19-10, Code of Laws of South Carolina, 1976, relating to the corrections and treatment of youthful offenders, etc., respectfully

    That they have duly and carefully considered the same and recommend that the same do pass:

LUKE RANKIN for Committee.

EXPLANATION OF IMPACT:

    The SC Department of Corrections forecasts no fiscal impact to the General Fund of the State with the passage of the proposed legislation.

    Approved By:

    Don Addy

    Office of State Budget

TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CORRECTIONS AND TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO PROVIDE THAT A YOUTHFUL OFFENDER INCLUDES A PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D FELONY.

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

SECTION    1.    Section 24-19-10 of the 1976 Code is amended to read:

    "Section 24-19-10.    As used herein:

    (a)    'Department' means the Department of Corrections.

    (b)    'Division' means the Youthful Offender Division.

    (c)    'Director' means the Director of the Department of Corrections.

    (d)    'Youthful offender' means an offender who is:

        (i)        under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-7605 for allegedly committing an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of less than fifteen years fifteen years or less, or

        (ii)    who is seventeen but less than twenty-five years of age at the time of conviction for an offense that is not a violent crime, as defined in Section 16-1-60, and that is a misdemeanor, a Class D, Class E, or Class F felony, or a felony which provides for a maximum term of imprisonment of fifteen years or less.

    (e)    'Treatment' means corrective and preventive guidance and training designed to protect the public by correcting the antisocial tendencies of youthful offenders,; this may also include vocational and other training deemed fit considered appropriate and necessary by the Division division.

    (f)    'Conviction' means a judgment in a verdict or finding of guilty, plea of guilty, or plea of nolo contendere to a criminal charge where the imprisonment may be is at least one year, but excluding all offenses in which the maximum punishment provided by law is death or life imprisonment."

SECTION    2.    This act takes effect upon approval by the Governor.