H*4767 Session 112 (1997-1998)
H*4767(Rat #0470, Act #0343 of 1998) General Bill, By W.J. Young, Harrison and
Wilkins
A BILL TO AMEND SECTION 16-3-1510, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA,
1976, RELATING TO DEFINITIONS RELATING TO VICTIM AND WITNESS SERVICES, SO AS
TO REVISE THE DEFINITIONS OF "VICTIM", "PERSON", AND "CRIMINAL OFFENSE"; TO
AMEND SECTION 16-3-1525, RELATING TO LAW ENFORCEMENT NOTIFICATION OF VICTIMS
AND WITNESSES OF THE ARREST OR DETENTION OF CERTAIN PERSONS ACCUSED OF
COMMITTING A CRIME AND BOND AND JUVENILE DETENTION HEARINGS, SO AS TO PROVIDE
THAT A LAW ENFORCEMENT AGENCY THAT DETAINS CERTAIN JUVENILES IS RESPONSIBLE
FOR NOTIFYING THE VICTIMS OF CERTAIN PRETRIAL, BOND, AND DETENTION HEARINGS,
OR PRETRIAL RELEASES, TO PROVIDE THAT THE ARRESTING AGENCY MUST ATTEMPT TO
PROVIDE EACH VICTIM OF EACH CASE FOR WHICH BOND IS BEING DETERMINED OF HIS
RIGHT TO ATTEND THE BOND HEARING AND MAKE RECOMMENDATIONS TO THE PRESIDING
JUDGE; TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO A DETENTION
FACILITY'S DUTY TO NOTIFY A VICTIM OF THE RELEASE ESCAPE OR A TRANSFER OF AN
ACCUSED PERSON, SO AS TO REVISE THE NOTIFICATION PROCEDURE AS IT RELATES TO
JUVENILE OFFENDERS; TO AMEND SECTION 16-3-1555, RELATING TO EXPERT WITNESS
FEES AND THE DISTRIBUTION AND FILING OF VICTIM'S IMPACT STATEMENTS, SO AS TO
PROVIDE THAT A VICTIM'S IMPACT STATEMENT MAY BE SEALED UNTIL THE DEFENDANT HAS
BEEN ADJUDICATED, FOUND GUILTY, OR PLED GUILTY; TO AMEND SECTION 16-3-160, AS
AMENDED, RELATING TO THE NOTIFICATION OF A VICTIM OF CERTAIN POST-CONVICTION
PROCEEDINGS AND THE VICTIM'S RIGHT TO ATTEND, SO AS TO PROVIDE THAT THE
DEPARTMENT OF CORRECTIONS, THE DEPARTMENT OF PROBATION, PAROLE, AND PARDON
SERVICES, THE BOARD OF JUVENILE PAROLE, OR THE DEPARTMENT OF JUVENILE JUSTICE
MUST ATTEMPT TO NOTIFY EACH VICTIM WHO HAS INDICATED A DESIRE TO BE NOTIFIED
OF CERTAIN POST-CONVICTION PROCEEDINGS; TO PROVIDE FOR THE DISTRIBUTION OF
CERTAIN ASSESSMENTS COLLECTED BY THE MAGISTRATE'S, FAMILY, AND MUNICIPAL
COURTS, TO PROVIDE FOR THE AUDITING OF COUNTY TREASURERS, CLERKS OF COURT,
MAGISTRATES, AND MUNICIPAL COURTS BY THE STATE AUDITOR TO DETERMINE WHETHER
THE ASSESSMENTS ARE PROPERTY COLLECTED AND REMITTED TO THE STATE TREASURER AND
TO PROVIDE FOR THE SUBMISSION OF THE AUDIT TO THE GENERAL SESSIONS COURT
SURCHARGE, SO AS TO REVISE THE LIST OF ACTIVITIES THAT MAY BE FUNDED BY THE
SURCHARGE; TO AMEND SECTION 16-3-1510, AS AMENDED, RELATING TO DEFINITIONS
RELATING TO VICTIM AND WITNESS SERVICES, S
03/05/98 House Introduced and read first time HJ-4
03/05/98 House Referred to Committee on Judiciary HJ-5
05/06/98 House Committee report: Favorable with amendment
Judiciary HJ-5
05/12/98 House Debate adjourned until Wednesday, May 13, 1998 HJ-22
05/13/98 House Debate adjourned until Thursday, May 14, 1998 HJ-19
05/14/98 House Debate adjourned until Tuesday, May 19, 1998 HJ-21
05/19/98 House Amended HJ-25
05/19/98 House Requests for debate-Rep(s). Scott,
Moody-Lawrence, Inabinett, Lloyd, Whipper,
Gourdine, Harrell, Breeland & Davenport HJ-42
05/21/98 House Amended HJ-29
05/21/98 House Read second time HJ-31
05/21/98 House Roll call Yeas-91 Nays-0 HJ-31
05/27/98 House Read third time and sent to Senate HJ-55
05/28/98 Senate Introduced and read first time SJ-10
05/28/98 Senate Referred to Committee on Judiciary SJ-10
06/02/98 Senate Recalled from Committee on Judiciary SJ-19
06/02/98 Senate Read second time SJ-19
06/03/98 Senate Amended
06/03/98 Senate Read third time and returned to House with amendments
06/03/98 House Concurred in Senate amendment and enrolled HJ-109
06/04/98 Ratified R 470
06/08/98 Signed By Governor
06/08/98 Effective date 06/08/98 except as otherwise provided
06/17/98 Copies available
06/17/98 Act No. 343
(A343, R470, H4767)
AN ACT TO AMEND SECTION 16-3-1510, AS AMENDED,
CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO
DEFINITIONS RELATING TO VICTIM AND WITNESS SERVICES,
SO AS TO REVISE THE DEFINITIONS OF VICTIM, "PERSON",
AND "CRIMINAL OFFENSE"; TO AMEND SECTION 16-3-1525,
RELATING TO LAW ENFORCEMENT NOTIFICATION OF
VICTIMS AND WITNESSES OF THE ARREST OR DETENTION OF
CERTAIN PERSONS ACCUSED OF COMMITTING A CRIME AND
BOND AND JUVENILE DETENTION HEARINGS, SO AS TO
PROVIDE THAT A LAW ENFORCEMENT AGENCY THAT
DETAINS CERTAIN JUVENILES IS RESPONSIBLE FOR
NOTIFYING THE VICTIMS OF CERTAIN PRETRIAL, BOND, AND
DETENTION HEARINGS, OR PRETRIAL RELEASES, TO PROVIDE
THAT THE ARRESTING AGENCY MUST ATTEMPT TO PROVIDE
EACH VICTIM OF EACH CASE FOR WHICH BOND IS BEING
DETERMINED OF HIS RIGHT TO ATTEND THE BOND HEARING
AND MAKE RECOMMENDATIONS TO THE PRESIDING JUDGE;
TO AMEND SECTION 16-3-1530, AS AMENDED, RELATING TO A
DETENTION FACILITY'S DUTY TO NOTIFY A VICTIM OF THE
RELEASE, ESCAPE, OR TRANSFER OF AN ACCUSED PERSON, SO
AS TO REVISE THE NOTIFICATION PROCEDURE AS IT RELATES
TO JUVENILE OFFENDERS; TO AMEND SECTION 16-3-1555,
RELATING TO EXPERT WITNESS FEES AND THE DISTRIBUTION
AND FILING OF VICTIMS' IMPACT STATEMENTS, SO AS TO
PROVIDE THAT A VICTIM'S IMPACT STATEMENT MAY BE
SEALED UNTIL THE DEFENDANT HAS BEEN ADJUDICATED,
FOUND GUILTY, OR PLED GUILTY; TO AMEND SECTION
16-3-1560, AS AMENDED, RELATING TO THE NOTIFICATION OF
A VICTIM OF CERTAIN POST-CONVICTION PROCEEDINGS AND
THE VICTIM'S RIGHT TO ATTEND, SO AS TO PROVIDE THAT
THE DEPARTMENT OF CORRECTIONS, THE DEPARTMENT OF
PROBATION, PAROLE, AND PARDON SERVICES, THE BOARD OF
JUVENILE PAROLE, OR THE DEPARTMENT OF JUVENILE
JUSTICE MUST ATTEMPT TO NOTIFY EACH VICTIM WHO HAS
INDICATED A DESIRE TO BE NOTIFIED OF CERTAIN
POST-CONVICTION PROCEEDINGS; TO PROVIDE FOR THE
DISTRIBUTION OF CERTAIN ASSESSMENTS COLLECTED BY
THE MAGISTRATE'S, FAMILY, AND MUNICIPAL COURTS, TO
PROVIDE FOR THE AUDITING OF RECORDS OF CERTAIN
COLLECTIONS OF ASSESSMENTS AND DISBURSEMENTS BY
THE COUNTY TREASURERS, CLERKS OF COURT,
MAGISTRATES, AND MUNICIPAL COURTS BY THE STATE
AUDITOR TO DETERMINE WHETHER THE ASSESSMENTS ARE
PROPERLY COLLECTED AND REMITTED TO THE STATE
TREASURER, AND TO PROVIDE FOR THE SUBMISSION OF THE
AUDIT TO THE GOVERNOR AND THE GENERAL ASSEMBLY; TO
AMEND SECTION 14-1-211, RELATING TO THE GENERAL
SESSIONS COURT SURCHARGE, SO AS TO REVISE THE LIST OF
ACTIVITIES THAT MAY BE FUNDED BY THE SURCHARGE; TO
AMEND SECTION 16-3-1510, AS AMENDED, RELATING TO
DEFINITIONS RELATING TO VICTIM AND WITNESS SERVICES,
SO AS TO REVISE THE DEFINITIONS OF "VICTIM", "PERSON",
AND "CRIMINAL OFFENSE"; AND TO AMEND SECTION
20-7-8320, RELATING TO THE CONDITIONAL RELEASE OF A
JUVENILE FROM A CORRECTIONAL SCHOOL, SO AS TO MAKE
A TECHNICAL CHANGE, TO REVISE THE AGE OF A JUVENILE
WHEN HIS CONDITIONAL RELEASE MAY EXPIRE, AND TO
REVISE THE CONDITIONS THAT MAY BE IMPOSED UPON A
CONDITIONAL RELEASE.
Be it enacted by the General Assembly of the State of South Carolina:
Crime victims' rights
SECTION 1. A. Section 16-3-1510(1), (2), and (3) of the 1976
Code, as last amended by Act 141 of 1997, is further amended to read:
"(1) 'Victim' means any individual who suffers direct or threatened
physical, psychological, or financial harm as the result of the commission
or attempted commission of a criminal offense, as defined in this section.
'Victim' also includes any individual's spouse, parent, child, or the lawful
representative of a victim who is:
(a) deceased;
(b) a minor;
(c) incompetent; or
(d) physically or psychologically incapacitated.
'Victim' does not include any individual who is the subject of an
investigation for, who is charged with, or who has been convicted of or
pled guilty or nolo contendere to the offense in question. 'Victim' also
does not include any individual, including a spouse, parent, child, or
lawful representative who is acting on behalf of the suspect, juvenile
offender, or defendant, unless his actions are required by law. 'Victim'
also does not include any individual who was imprisoned or engaged in
an illegal act at the time of an offense.
(2) 'Individual' means a human being.
(3) 'Criminal offense' means an offense against the person of an
individual when physical or psychological harm occurs, or the property
of an individual when the value of the property stolen or destroyed, or the
cost of the damage to the property, is in excess of one thousand dollars.
This includes both common law and statutory offenses, the offenses
contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210,
56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law
offense of attempt, punishable pursuant to Section 16-1-80. However,
'criminal offense' specifically excludes the drawing or uttering of a
fraudulent check or an offense contained in Title 56 that does not involve
personal injury or death.
For purposes of this article, a victim of a misdemeanor or felony under
state law must be notified of or provided with the information required by
this section. The terms 'crime', 'criminal conduct', 'charge' or any
variation of these terms as used in this article means all misdemeanors and
felonies under state law except the crimes the General Assembly
specifically excludes from the notification provisions contained in this
article."
B. Section 16-3-1525 of the 1976 Code, as added by Act 141 of 1997,
is amended to read:
"Section 16-3-1525. (A) A law enforcement agency, upon effecting
the arrest or detention of a person accused of committing an offense
involving one or more victims, must make a reasonable attempt to notify
each victim of the arrest or detention and of the appropriate bond or other
pretrial release hearing or procedure.
(B) A law enforcement agency, before releasing to his parent or
guardian a juvenile offender accused of committing an offense involving
one or more victims, must make a reasonable effort to inform each victim
of the release.
(C) A law enforcement agency, upon effecting the arrest or detention
of a person accused of committing an offense involving one or more
victims, must provide to the jail, prison, or detention or holding facility
having physical custody of the defendant, the name, mailing address, and
telephone number of each victim. If the person is transferred to another
facility, this information immediately must be transmitted to the receiving
facility. The names, addresses, and telephone numbers of victims and
witnesses contained in the files of a jail, prison, or detention or holding
facility are confidential and must not be disclosed directly or indirectly,
except as necessary to provide notifications.
(D) A law enforcement agency, after detaining a juvenile accused of
committing an offense involving one or more victims, must provide to the
Department of Juvenile Justice the name, address, and telephone number
of each victim. The law enforcement officer detaining the juvenile,
regardless of where the juvenile is physically detained, retains the
responsibility of notifying the victims of the pretrial, bond, and detention
hearings, or pretrial releases that are not delegated pursuant to this article.
(E) Upon detention of a person, other than a juvenile, accused of
committing an offense not under the jurisdiction of a summary court, and
involving one or more victims, the arresting law enforcement agency must
provide, in writing, to the prosecuting agency before a bond or release
hearing before a circuit or family court judge the name, address, and
telephone number of each victim.
(F) Upon detention of a person, other than a juvenile, accused of
committing an offense involving one or more victims and which is triable
in summary court or an offense involving one or more victims for which
a preliminary hearing may be held, the arresting law enforcement agency
must provide, in writing, to the summary court the name, mailing address,
and telephone number of each victim.
(G) A law enforcement agency must provide any measures necessary
to protect the victims and witnesses, including transportation to and from
court and physical protection in the courthouse.
(H) In cases in which a defendant has bond set by a summary court
judge:
(1) the arresting agency of the defendant reasonably must attempt
to notify each victim of each case for which bond is being determined of
his right to attend the bond hearing and make recommendations to the
presiding judge. This notification must be made sufficiently in advance
to allow the victim to exercise his rights contained in this article;
(2) the summary court judge, before proceeding with a bond
hearing in a case involving a victim, must ask the representative of the
facility having custody of the defendant to verify that a reasonable attempt
was made to notify the victim sufficiently in advance to attend the
proceeding. If notice was not given in a timely manner, the hearing must
be delayed for a reasonable time to allow notice; and
(3) the summary court judge must impose bond conditions which
are sufficient to protect a victim from harassment or intimidation by the
defendant or persons acting on the defendant's behalf.
(I) In cases in which a defendant has a bond proceeding before a
circuit court judge:
(1) the prosecuting agency reasonably must attempt to notify each
victim of each case for which bond is being determined of his right to
attend the bond hearing and make recommendations to the presiding
judge. This notification must be made sufficiently in advance to allow the
victim to exercise his rights contained in this article;
(2) the circuit court judge, before proceeding with a bond hearing
in a case involving a victim, must ask the representative of the prosecuting
agency to verify that a reasonable attempt was made to notify the victim
sufficiently in advance to attend. If notice was not given in a timely
manner, the hearing must be delayed for a reasonable time to allow notice;
and
(3) the circuit court judge must impose bond conditions which are
sufficient to protect a victim from harassment or intimidation by the
defendant or persons acting on the defendant's behalf.
(J) In cases in which a juvenile has a detention hearing before a
family court judge:
(1) the prosecuting agency reasonably must attempt to notify each
victim of each case for which the juvenile is appearing before the court of
his right to attend the detention hearing and make recommendations to the
presiding judge. This notification must be made sufficiently in advance
to allow the victim to exercise his rights pertaining to the detention
hearing;
(2) the family court judge, before proceeding with a detention
hearing in a case involving a victim, must ask the prosecuting agency to
verify that a reasonable attempt was made to notify the victim sufficiently
in advance to attend. If notice was not given in a timely manner, the
hearing must be delayed for a reasonable time to allow notice; and
(3) the family court judge, if he does not rule that a juvenile must
be detained, must impose conditions of release which are sufficient to
protect a victim from harassment or intimidation by the juvenile or a
person acting on the juvenile's behalf.
(K) Upon scheduling a preliminary hearing in a case involving a
victim, the summary court judge reasonably must attempt to notify each
victim of each case for which the defendant has a hearing of his right to
attend."
C. Section 16-3-1530 of the 1976 Code, as last amended by Act 141
of 1997, is further amended to read:
"Section 16-3-1530. Notwithstanding any other provision of law,
except the provisions contained in Section 16-3-1525(D) relating to
juvenile detention:
(1) a department or agency having custody or custodial supervision of
a person accused, convicted, or adjudicated guilty of committing an
offense involving one or more victims reasonably must attempt to notify
each victim, upon request, of the release of the person;
(2) a department or agency having custody or custodial supervision of
a person accused of committing an offense involving one or more victims
reasonably must attempt to notify each victim, upon request, of an escape
by the person;
(3) a department or agency having custody of a person accused,
convicted, or adjudicated guilty of committing an offense involving one
or more victims must inform each victim, upon request, of any transfer of
the person to a less secure facility;
(4) a department or agency having custody or custodial supervision of
a person convicted or adjudicated guilty of committing an offense
involving one or more victims must reasonably attempt to notify each
victim and prosecution witness, upon request, of an escape by the person."
D. Section 16-3-1555(B) and (C) of the 1976 Code, as added by Act
141 of 1997, is amended to read:
"(B) The prosecuting agency must forward, as appropriate and within
a reasonable time, a copy of each victim's impact statement or the name,
mailing address, and telephone number of each victim, or both, to the
Department of Corrections, the Department of Probation, Parole, and
Pardon Services, or the Board of Juvenile Parole, and the Department of
Juvenile Justice. The names, addresses, and telephone numbers of victims
and prosecution witnesses contained in the records of the Department of
Corrections, the Department of Probation, Parole, and Pardon Services,
the Board of Juvenile Parole, and the Department of Juvenile Justice are
confidential and must not be disclosed directly or indirectly, except by
order of a court of competent jurisdiction or as necessary to provide
notifications, or services, or both, between these agencies, these agencies
and the prosecuting agency, or these agencies and the Attorney General.
(C) The prosecuting agency must file with an indictment a copy of a
written victim's impact statement. The victim's impact statement may be
sealed by the appropriate authority until the defendant has been
adjudicated, found guilty, or has pled guilty."
E. Section 16-3-1560(A) of the 1976 Code, as last amended by Act
141 of 1997, is further amended to read:
"(A) The Department of Corrections, the Department of Probation,
Parole, and Pardon Services, the Board of Juvenile Parole, or the
Department of Juvenile Justice, as appropriate, reasonably must attempt
to notify each victim, who has indicated a desire to be notified, of
post-conviction proceedings affecting the probation, parole, or release of
the offender, and of the victim's right to attend and comment at these
proceedings. This notification must be made sufficiently in advance to
allow the victim to exercise his rights as they pertain to post-conviction
proceedings."
F. Revenues distributed on a monthly basis to fund existing state
programs pursuant to Sections 14-1-206(c), 14-1-207(c), and 14-1-208(c)
must equal the revenues received under these sections in fiscal year
1996-1997 before distributions can be made under Sections 14-1-206(B),
14-1-207(B), and 14-1-208(B) for the period of July 1, 1998, through
April 30, 1999. The purpose of this provision is to reauthorize and adopt
the provisions contained in Sections 4.B., 5.B., and 6.B. of Act 141 of
1997 for the period of July 1, 1998, through April 30, 1999.
Pursuant to Section 11-7-25, the State Auditor must examine the books,
accounts, receipts, disbursements, vouchers, and records of the county
treasurers, municipal treasurers, county clerks of court, magistrates, and
municipal courts to report whether fines and assessments imposed
pursuant to Sections 14-1-205, 14-1-206, 14-1-207, and 14-1-208 are
properly collected and remitted to the State Treasurer. This audit must be
completed and submitted to the Governor, the Chairman of the Senate
Finance Committee, and the Chairman of the Ways and Means Committee
no later than January 1, 1999.
G. Section 14-1-211 of the 1976 Code, as added by Act 141 of 1997,
is amended to read:
"Section 14-1-211. (A) In addition to all other assessments and
surcharges, a one hundred dollar surcharge is imposed on all convictions
obtained in general sessions court and a twenty-five dollar surcharge is
imposed on all convictions obtained in magistrate's and municipal court
in this State. The surcharge must not be imposed on convictions for
misdemeanor traffic offenses. However, the surcharge applies to all
violations of Section 56-5-2930, driving under the influence of liquor,
drugs, or like substances. No portion of the surcharge may be waived,
reduced, or suspended.
(B) The revenue collected pursuant to subsection (A) must be retained
by the jurisdiction which heard or processed the case and paid to the city
or county treasurer, for the purpose of providing services for the victims
of crime, including those required by law. Any funds retained by the
county or city treasurer pursuant to subsection (A) must be deposited into
a separate account for the exclusive use for all activities related to the
requirements contained in this provision. For the purpose of funds
allocation and expenditure, these funds are a part of the general funds of
the city or county. However, these funds first must be appropriated to the
local agencies and offices providing victim services and not previously
funded by the State. These funds must be used for, but are not limited to,
salaries, equipment that includes computer equipment and internet access,
or other expenditures necessary for providing services to crime victims.
Any funds which are not used for the provision of victim services at the
end of the fiscal year may be used for the capital and operating needs of
the judicial system.
(C) The surcharged revenue retained by the general sessions court,
magistrates, or municipal courts in this State pursuant to subsection (B)
must be reported by the city or county treasurer to the State Treasurer
monthly. Any funds retained by the city or county treasurer pursuant to
this subsection which are not used for the provision of victims' services
at the end of the fiscal year may be used for the capital and operating
needs of the judicial system."
H. This section does not affect an action or proceeding commenced
or a right accrued before the effective date of this act.
Definitions
SECTION 2. A. Section 16-3-1510(1), (2), and (3) of the 1976
Code, as last amended by Act 141 of 1997, is further amended to read:
"(1) 'Victim' means any individual who suffers direct or threatened
physical, psychological, or financial harm as the result of the commission
or attempted commission of a criminal offense, as defined in this section.
'Victim' also includes any individual's spouse, parent, child, or the lawful
representative of a victim who is:
(a) deceased;
(b) a minor;
(c) incompetent; or
(d) physically or psychologically incapacitated.
'Victim' does not include any individual who is the subject of an
investigation for, who is charged with, or who has been convicted of or
pled guilty or nolo contendere to the offense in question. 'Victim' also
does not include any individual, including a spouse, parent, child, or
lawful representative, who is acting on behalf of the suspect, juvenile
offender, or defendant unless his actions are required by law. 'Victim'
also does not include any individual who was imprisoned or engaged in
an illegal act at the time of the offense.
(2) 'Individual' means a human being.
(3) 'Criminal offense' means an offense against the person of an
individual when physical or psychological harm occurs, or the property
of an individual when the value of the property stolen or destroyed, or the
cost of the damage to the property is in excess of one thousand dollars.
This includes both common law and statutory offenses, the offenses
contained in Sections 16-25-20, 16-25-30, 16-25-50, 56-5-1210,
56-5-2910, 56-5-2920, 56-5-2930, 56-5-2945, and the common law
offense of attempt, punishable pursuant to Section 16-1-80. However,
'criminal offense' specifically excludes the drawing or uttering of a
fraudulent check or an offense contained in Title 56 that does not involve
personal injury or death.
For purposes of this article, a victim of any misdemeanor or felony
under state law must be notified of or provided with the information
required by this section. The terms 'crime', 'criminal conduct', 'charge', or
any variation of these terms as used in this article mean all misdemeanors
and felonies under state law except the crimes the General Assembly
specifically excludes from the notification provisions contained in this
article."
B. This does not affect an action or proceeding commenced or a right
accrued before the effective date of this act.
C. This section takes effect upon the ratification of the constitutional
amendment contained in an act of 1998 bearing ratification number 277.
Conditional release of juveniles
SECTION 3. Section 20-7-8320 of the 1976 Code, as added by Act
383 of 1996, is amended to read:
"Section 20-7-8320. (A) A juvenile who shall have been
conditionally released from a correctional facility shall remain under the
authority of the parole board until the expiration of the specified term
imposed in the juvenile's conditional aftercare release. The specified
period of conditional release may expire before but not after the
twenty-first birthday of the juvenile. Each juvenile conditionally released
is subject to the conditions and restrictions of the release and may at any
time on the order of the parole board be returned to the custody of a
correctional institution for violation of aftercare rules or conditions of
release.
(B) As a condition of correctional release, the parole board may
enforce participation in restitution, work ordered by the court, and
community service programs established or approved by the Department
of Juvenile Justice."
Time effective
SECTION 4. Except as otherwise provided, this act takes effect upon
approval by the Governor.
Approved the 8th day of June, 1998. |