S 0905 General Bill, By Jackson and Washington
 A Bill to amend Section 20-7-2205, as amended, Code of Laws of South Carolina,
 1976, relating to temporary, indeterminate commitment for evaluation for
 noncriminal misconduct, so as to make the prohibition provided by this Section
 applicable to children found in contempt of court for violation of a court
 order related to such noncriminal misconduct.

   12/06/93  Senate Prefiled
   12/06/93  Senate Referred to Committee on Corrections and Penology
   01/11/94  Senate Introduced and read first time SJ-34
   01/11/94  Senate Referred to Committee on Corrections and Penology SJ-34
   04/19/94  Senate Committee report: Favorable with amendment
                     Corrections and Penology SJ-11
   04/20/94  Senate Amended SJ-19
   04/20/94  Senate Read second time SJ-19
   04/21/94  Senate Read third time and sent to House SJ-37
   04/26/94  House  Introduced and read first time HJ-7
   04/26/94  House  Referred to Committee on Judiciary HJ-7

COMMITTEE AMENDMENT ADOPTED

April 20, 1994

S. 905

Introduced by SENATORS Jackson and Washington

S. Printed 4/20/94--S.

Read the first time January 11, 1994.

A BILL

TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY, INDETERMINATE COMMITMENT FOR EVALUATION FOR NONCRIMINAL MISCONDUCT, SO AS TO MAKE THE PROHIBITION PROVIDED BY THIS SECTION APPLICABLE TO CHILDREN FOUND IN CONTEMPT OF COURT FOR VIOLATION OF A COURT ORDER RELATED TO SUCH NONCRIMINAL MISCONDUCT.

Amend Title To Conform

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

SECTION 1. Section 20-7-2205, as last amended by Act 131 and Act 181 of 1993, of the 1976 Code is further amended to read:

"Section 20-7-2205. A child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult, including a child who has been found in contempt of court for violation of a court order related to such violation or misconduct, or a child who violates the conditions of probation for an offense must not be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to secure evaluation centers operated by the department."

SECTION 2. The 1976 Code is amended by adding:

"Section 20-7-2207. (A) The Department of Juvenile Justice shall develop and implement an alternative residential program for status offenders and juveniles found in contempt of court for violation of a court order issued for a status offense. This program must comply with Section 20-7-2205 and juveniles in the program must be maintained in facilities and have supervision and programming that meets Medicaid management group home standards; however, juveniles in the residential program must not be placed in facilities with other group home populations.

(B) Residential and program clinical staff shall supervise program treatment and shall conduct family and home environmental needs assessments.

(C) Appropriate educational programs must be provided to the program clients.

(D) A juvenile who successfully completes the residential program must be transferred to the juvenile's home community for intensive community supervision by the Department of Juvenile Justice which must include weekly face to face supervisory sessions and telephone contacts as needed. In preparation for transfer to the intensive community program, the residential program clinical staff shall collaborate with the Department of Juvenile Justice staff to formulate community treatment plans containing supervisory and treatments goals, objectives, and interventions.

(E) A juvenile who fails to comply with the community treatment plan must be returned to the residential program and must remain at the facility for the duration of the placement."

SECTION 3. This act takes effect upon approval by the Governor except Section 2 takes effect subject to the General Assembly appropriating sufficient funds to carry out the provisions of Section 2.