H*3862 Session 112 (1997-1998)
H*3862(Rat #0244, Act #0135 of 1997) General Bill, By Harrison, Allison,
Barfield, Barrett, H. Brown, Campsen, Cato, Cotty, Edge, Fleming, Harrell,
Haskins, Hawkins, Kelley, Knotts, Koon, Law, Leach, Limehouse, Littlejohn,
Loftis, Martin, Mason, J.D. McMaster, Meacham, Riser, Rodgers, Sandifer, Sharpe,
Simrill, D. Smith, Stuart, Trotter, Vaughn, Walker, Whatley, Wilkins,
Witherspoon, Woodrum, W.J. Young and Young-Brickell
Similar(S 634)
A BILL TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTIONS
20-7-6890, 20-7-6895, 20-7-6900, 20-7-6905, AND 20-7-6910, SO AS TO ESTABLISH
THE YOUTH INDUSTRIES PROGRAM WITHIN THE DEPARTMENT OF JUVENILE JUSTICE
AUTHORIZING THE DEPARTMENT TO CONTRACT WITH PRIVATE INDUSTRIES TO PROVIDE
SERVICES RELATIVE TO PACKAGING, MANUFACTURING, AND PROCESSING GOODS, TO
ESTABLISH THE MANUFACTURING AND PROCESSING OF GOODS FOR STATE ENTITIES, TO
MAKE IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY JUVENILE OFFENDERS AND TO
PROVIDE EXCEPTIONS; AND TO ESTABLISH A FUND WITHIN THE DEPARTMENT OF JUVENILE
JUSTICE FOR THE COMPENSATION OF CRIME VICTIMS FROM WAGES EARNED BY JUVENILES
WORKING IN THE YOUTH INDUSTRIES PROGRAM AND TO PROVIDE FOR THE DISBURSEMENT OF
THESE FUNDS; TO AMEND SECTION 20-7-7815, RELATING TO THE PROHIBITION AGAINST
COMMITTING TO THE DEPARTMENT OF JUVENILE JUSTICE A PERSON WHO IS SERIOUSLY
HANDICAPPED BY MENTAL ILLNESS OR MENTAL RETARDATION, SO AS TO CHANGE THE
REFERENCE FROM "PERSON" TO "JUVENILE" AND TO REQUIRE THE CONSENT OF THE
JUVENILE PAROLE BOARD WHEN AN AGENCY TO WHICH A JUVENILE HAS BEEN COMMITTED
SEEKS TO RELEASE THE CHILD; AND TO AMEND SECTION 20-7-8305, RELATING TO THE
BOARD OF JUVENILE PAROLE, SO AS TO DELETE THE PROVISION THAT A JUVENILE HAS
THE RIGHT TO APPEAR PERSONALLY BEFORE THE BOARD EVERY THREE MONTHS AND INSTEAD
AUTHORIZE THE BOARD TO CONDUCT PAROLE HEARINGS BY TWO-WAY CLOSED CIRCUIT
TELEVISION.-AMENDED TITLE
04/09/97 House Introduced and read first time HJ-27
04/09/97 House Referred to Committee on Judiciary HJ-28
05/01/97 House Committee report: Favorable with amendment
Judiciary HJ-5
05/07/97 House Amended HJ-69
05/07/97 House Read second time HJ-71
05/08/97 House Read third time and sent to Senate HJ-13
05/13/97 Senate Introduced and read first time SJ-14
05/13/97 Senate Referred to Committee on Corrections and Penology SJ-14
05/28/97 Senate Recalled from Committee on Corrections and
Penology SJ-5
05/29/97 Senate Read second time SJ-75
06/04/97 Senate Read third time and enrolled SJ-85
06/09/97 Ratified R 244
06/10/97 Signed By Governor
06/10/97 Effective date 06/10/97
06/30/97 Copies available
06/30/97 Act No. 135
(A135, R244, H3862)
AN ACT TO AMEND THE CODE OF LAWS OF SOUTH
CAROLINA, 1976, BY ADDING SECTIONS 20-7-6890, 20-7-6895,
20-7-6900, 20-7-6905, AND 20-7-6910, SO AS TO ESTABLISH THE
YOUTH INDUSTRIES PROGRAM WITHIN THE DEPARTMENT OF
JUVENILE JUSTICE AUTHORIZING THE DEPARTMENT TO
CONTRACT WITH PRIVATE INDUSTRIES TO PROVIDE
SERVICES RELATIVE TO PACKAGING, MANUFACTURING, AND
PROCESSING GOODS, TO ESTABLISH THE MANUFACTURING
AND PROCESSING OF GOODS FOR STATE ENTITIES, TO MAKE
IT UNLAWFUL IN THIS STATE TO SELL GOODS MADE BY
JUVENILE OFFENDERS AND TO PROVIDE EXCEPTIONS, AND TO
ESTABLISH A FUND WITHIN THE DEPARTMENT OF JUVENILE
JUSTICE FOR THE COMPENSATION OF CRIME VICTIMS FROM
WAGES EARNED BY JUVENILES WORKING IN THE YOUTH
INDUSTRIES PROGRAM AND TO PROVIDE FOR THE
DISBURSEMENT OF THESE FUNDS; TO AMEND SECTION
20-7-7815, RELATING TO THE PROHIBITION AGAINST
COMMITTING TO THE DEPARTMENT OF JUVENILE JUSTICE A
PERSON WHO IS SERIOUSLY HANDICAPPED BY MENTAL
ILLNESS OR MENTAL RETARDATION, SO AS TO CHANGE THE
REFERENCE FROM "PERSON" TO
"JUVENILE" AND TO REQUIRE THE CONSENT OF THE
JUVENILE PAROLE BOARD WHEN AN AGENCY TO WHICH A
JUVENILE HAS BEEN COMMITTED SEEKS TO RELEASE THE
CHILD; AND TO AMEND SECTION 20-7-8305, RELATING TO THE
BOARD OF JUVENILE PAROLE, SO AS TO DELETE THE
PROVISION THAT A JUVENILE HAS THE RIGHT TO APPEAR
PERSONALLY BEFORE THE BOARD EVERY THREE MONTHS
AND INSTEAD AUTHORIZE THE BOARD TO CONDUCT PAROLE
HEARINGS BY TWO-WAY CLOSED CIRCUIT TELEVISION.
Be it enacted by the General Assembly of the State of South Carolina:
Youth Industries Program authorized
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-6890. (A) The Director of the Department of
Juvenile Justice may establish a Youth Industries Program, consistent
with all applicable state and federal child labor laws, employing juveniles
committed to the department. This program may include:
(1) providing services to private industries including, but not
limited to:
(a) packing, assembling, handling, reconditioning or restoring
products, goods, wares, or merchandise;
(b) contracting with private industry for the manufacturing and
processing of goods, wares, or merchandise;
(c) contracting with other profit or nonprofit businesses or
commercial enterprises to provide the services enumerated in subitems (a)
and (b) within the department's Sheltered Workshop Program;
(2) manufacturing or processing industry or service which utilizes
juveniles in the manufacture or production of goods, wares, merchandise,
articles, or products or in providing services which may be needed for the
construction, operation, maintenance, or use of any office, department,
institution, or agency supported in whole or in part by this State or a
political subdivision of this State; or
(3) otherwise engaging juveniles in paid work opportunities within
the department, consistent with the general welfare of the department's
mission of rehabilitation and treatment.
(B) To implement the Youth Industries Program the director may enter
into contracts in the manner provided by law to implement its Youth
Industries Program. A contract may include rental or lease agreements for
state land or buildings or portions of state buildings on the grounds of an
institution or a facility of the Department of Juvenile Justice and if the
contract contains such rental or lease agreements, it must provide the
business entity with reasonable access to and egress from these grounds,
buildings, and facilities.
(C) In conducting the Youth Industries Program, the department may
purchase equipment, raw materials, and supplies in the manner provided
by law and may engage necessary supervisory personnel.
(D) The prices of articles or products manufactured or produced or
services rendered under the Youth Industries Program must be uniform
and nondiscriminating and must be as near to the usual market price for
these articles, products, or services as is practicable.
(E) All monies collected by the department from the sale or
disposition of articles and products manufactured or produced or from
services rendered by juveniles in the Youth Industries Program must be
deposited into a special account designated 'Youth Industries Account'.
The monies collected and deposited into this account must be used solely
for the purchasing of manufacturing supplies, equipment, machinery, and
buildings for the Youth Industries Program to pay the wages of the
juveniles employed in the program and the salaries of the necessary
personnel in the program, and to defray the necessary expenses of the
program. The director must deduct from wages paid to a juvenile:
(1) state, federal, and local taxes;
(2) allocations for support of children pursuant to law, court order,
or agreement by the committed juvenile; and
(3) contributions to any fund established by law to compensate the
victims of crime of not more than twenty percent and not less than five
percent of gross wages.
These deductions may not exceed eighty percent of gross wages.
Section 20-7-6895. (A) A juvenile may participate in the Youth
Industries Program established pursuant to Section 20-7-6890 only on a
voluntary basis and only after the juvenile has been informed of the
conditions of the employment.
(B) A juvenile participating in the Youth Industries Program:
(1) providing services to private industry must be compensated
commensurate with the prevailing wage for work of a similar nature in the
private sector;
(2) is not considered an employee of the State and is not eligible for
unemployment compensation upon termination from the program;
however, a juvenile is entitled to all other work benefits, including
worker's compensation or its equivalent.
(C) The wages of a juvenile authorized to work in the Youth Industries
Program, if paid other than by the department, must be paid directly to the
Department of Juvenile Justice and credited to the juvenile's account. If
the wages are paid by an entity other than the department, these wages
must be paid directly to the department, and the department shall credit
the wages to the juvenile's account. The director must deduct from wages
paid to a juvenile:
(1) state, federal, and local taxes;
(2) allocations for support of children pursuant to law, court order,
or agreement by the committed juvenile; and
(3) contributions to any fund established by law to compensate the
victims of crime of not more than twenty percent and not less than five
percent of gross wages.
These deductions may not exceed eighty percent of gross wages.
(D) Juvenile participation in the Youth Industries Program must not
result in the displacement of employed workers in the State and must not
impair existing contracts.
Section 20-7-6900. The Department of Juvenile Justice in
consultation with this state's regulatory agencies may promulgate
regulations which are necessary to implement Sections 20-7-6890 and
20-7-6895.
Section 20-7-6905. It is unlawful to sell or offer for sale on the open
market of this State goods, wares, or merchandise manufactured or
produced wholly or in part by juvenile offenders in this or another state.
However, this subsection does not apply to:
(1) articles produced by juveniles on parole or probation or in
community supervision;
(2) products sold by the Department of Juvenile Justice made by
juveniles in its arts and crafts programs;
(3) articles or products sold to nonprofit corporations incorporated
under Article 1, Chapter 31, Title 33 or to organizations operating in this
State which have been granted an exemption under Section 501(c) of the
Internal Revenue Code of 1986;
(4) articles or products made in the Youth Industries Program
pursuant to Section 20-7-6890, through contracts with private sector
businesses which provide work and vocational training opportunities for
juvenile offenders with physical or mental disabilities or who are mentally
retarded if the compensation is paid by the private sector business to the
juvenile offender on a piece rate basis;
(5) products sold intrastate or interstate produced by juveniles
employed in the Youth Industries Program;
(6) services provided by juveniles in the Youth Industries Program
including, but not limited to, restoration and reconditioning activities, the
packaging and handling of goods, wares, or merchandise, or the
dismantling and reassembling of products.
Section 20-7-6910. There is created a fund within the Department of
Juvenile Justice for the compensation of victims of crime. All
contributions deducted from a juvenile's wages pursuant to Section
20-7-6890(E)(3) or 20-7-6895(C)(3) must be deposited into this fund. Of
the amount contributed to the fund by each juvenile, ninety-five percent
must be paid by the department on behalf of the juvenile as restitution to
the victim or victims of the juvenile's adjudicated crime as ordered by the
family court or the Juvenile Parole Board, and five percent must be
submitted to the South Carolina Victim's Compensation Fund. If the
amount of restitution ordered has been paid in full or if there is no victim
of the juvenile's adjudicated crime, the juvenile's contributions must be
submitted to the South Carolina Victim's Compensation Fund."
Juvenile Parole Board to authorize release of juveniles committed to
other agencies
SECTION 2. Section 20-7-7815 of the 1976 Code, as added by Act
383 of 1996, is amended to read:
"Section 20-7-7815. (A) No juvenile may be committed to an
institution under the control of the Department of Juvenile Justice who is
seriously handicapped by mental illness or retardation. If, after a juvenile
is referred to the Reception and Evaluation Center, it is determined that
the juvenile is mentally ill, as defined in Section 44-23-10, or mentally
retarded to an extent that the juvenile could not be properly cared for in
its custody, the department through the voluntary admission process or by
instituting necessary legal action may accomplish the transfer of the
juvenile to another state agency which in its judgment is best qualified to
care for the juvenile in accordance with the laws of this State. This legal
action must be brought in the juvenile's resident county. The department
shall establish standards with regard to the physical and mental health of
juveniles whom it can accept for commitment.
(B) When the state agency to which a juvenile is transferred
determines that it is appropriate to release from commitment that juvenile,
the state agency must submit a request for release to the Juvenile Parole
Board. If the Juvenile Parole Board does not grant the request to release
the juvenile, the juvenile must be placed in an environment consistent
with the provisions of this section."
Closed circuit television parole hearings authorized
SECTION 3. Section 20-7-8305(A) of the 1976 Code, as added by Act
383 of 1996, is amended to read:
"(A) The Board of Juvenile Parole shall meet monthly and at
other times as may be necessary to review the records and progress of
children committed to the custody of the Department of Juvenile Justice
for the purpose of deciding the release or revocation of release of these
children. The parole board shall make periodic inspections, at least
quarterly, of the records of persons committed to the custody of the
Department of Juvenile Justice and may issue temporary and final
discharges or release these persons conditionally and prescribe conditions
for release into aftercare. It is the right of a juvenile to appear before the
parole board every three months for the purpose of parole consideration,
but no appearance may begin until the parole board determines that an
appropriate period of time has elapsed since the juvenile's commitment.
In addition, and at the discretion of the parole board, the quarterly reviews
of juveniles committed to the department for having committed a violent
offense, as defined in Section 16-1-60, may be waived by the parole board
until the juvenile reaches the minimum parole guidelines established for
the juvenile by the parole board. In order to allow reviews and
appearances by children, the chairman of the parole board may assign the
members to meet in panels of not less than three members to receive
progress reports and recommendations, review cases, meet with children,
meet with counselors, and to hear matters and consider cases for release,
parole, and parole revocation. Membership on these panels must be
periodically rotated on a random basis by the chairman. At the meetings
of the panels, a unanimous vote must be considered the final decision of
the parole board. A panel vote that is not unanimous must not be
considered as a final decision of the parole board and the matter must be
referred to the full parole board, which shall determine the matter by a
majority vote of its membership. The parole board or panel may conduct
parole hearings by means of a two-way, closed circuit television
system."
Time effective
SECTION 4. This act takes effect upon approval by the Governor.
Approved the 10th day of June, 1997. |