S 63 Session 110 (1993-1994)
S 0063 General Bill, By Patterson
Similar(H 3035)
A Bill to amend Section 20-7-430, as amended, Code of Laws of South Carolina,
1976, relating to the jurisdiction of courts over a juvenile, so as to require
that a juvenile fourteen years of age or older who commits a crime that would
be a felony if committed by an adult must be tried as an adult in the Court of
General Sessions; to amend Section 20-7-780, as amended, relating to the
confidentiality of fingerprint records of a juvenile, so as to provide that
juveniles detained for offenses that would be a crime if committed by an adult
must be photographed and fingerprinted and the records may be transmitted to
the State Law Enforcement Division, the Federal Bureau of Investigation, or
other law enforcement agencies; and to amend Section 20-7-2170, relating to
commitment of a juvenile, so as to provide that a juvenile adjudicated
delinquent for committing a felony may be sentenced based on standards used
for an adult, and must be held in a maximum security facility for juveniles
until he reaches eighteen years of age.
01/12/93 Senate Introduced and read first time SJ-42
01/12/93 Senate Referred to Committee on Judiciary SJ-43
03/02/94 Senate Committee report: Majority favorable with amend.,
minority unfavorable Judiciary SJ-12
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
March 2, 1994
S. 63
Introduced by SENATOR Patterson
S. Printed 3/2/94--S.
Read the first time January 12, 1993.
THE COMMITTEE ON JUDICIARY
To whom was referred a Bill (S. 63), to amend Section 20-7-430, as
amended, Code of Laws of South Carolina, 1976, relating to the
jurisdiction of courts over a juvenile, etc., respectfully
REPORT:
That they have duly and carefully considered the same, and
recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting
words and inserting therein the following:
/SECTION 1. Section 20-7-390 of the 1976 Code is amended to
read:
"Section 20-7-390. When used in this article, unless the context
otherwise requires, `child' means a person less than seventeen years of
age, where the child is dealt with as a juvenile delinquent. `Child'
does not mean a person sixteen years of age or older who is charged
with a Class A, B, C, or D felony as defined in Section 16-1-20 or a
felony which provides for a maximum term of imprisonment of fifteen
years or more. Where the child is dealt with as a dependent or
neglected child the term `child' shall mean a person under eighteen years
of age."
SECTION 2. Section 20-7-430 of the 1976 Code, as last amended
by Act 579 of 1990, is further amended to read:
"Section 20-7-430. Jurisdiction over a case involving a
juvenile may child shall be transferred or
retained in the following instances as follows:
(1) If, during the pendency of a criminal or quasi-criminal charge
against any minor a child in a circuit court of this State,
it shall be is ascertained that the minor
child was under the age of seventeen years at the time of
committing the alleged offense, it shall be is the duty of
such the circuit court forthwith
immediately to transfer the case, together with all the papers,
documents, and testimony connected therewith with it,
to the family court of competent jurisdiction, except in those cases
where the Constitution gives to the circuit court exclusive jurisdiction
or in those cases where jurisdiction has properly been transferred to the
circuit court by the family court under the provisions of this section. The
court making such the transfer shall order the
minor child to be taken forthwith
immediately to the place of detention designed by the court or
to that court itself, or shall release such minor the child
to the custody of some suitable person to be brought before the court at
a time designated. The court shall then shall proceed
as provided in this article. Notwithstanding any other provision of
law, the The provisions of this section shall
be are applicable to all existing offenses
embraced therein, irrespective of whether such offenses may be
directed solely at children coming within the scope of this article and
shall likewise be applicable and to such offenses
as shall be created in the future unless the General Assembly
shall specifically directs otherwise direct.
(2) Whenever a person child is brought before a
magistrate or city recorder and, in the opinion of the magistrate or city
recorder, the person child should be brought to the
family court of competent jurisdiction under the provisions of this
section, the magistrate or city recorder shall thereupon transfer
such the case to the family court and direct that the
persons child involved be taken thereto
there.
(3) When an action is brought in any county court or circuit
court which, in the opinion of the judge thereof, falls within the
jurisdiction of the family court, he may transfer the action
thereto upon his own motion or the motion of any party.
(4) If a child sixteen years of age or older is charged with an offense
which, if committed by an adult, would be a
misdemeanor, or a Class E or F felony as
defined in Section 16-1-20, or a felony which provides for a maximum
term of imprisonment of ten years or less, if committed by an
adult and if the court, after full investigation, deems
considers it contrary to the best interest of such
the child or of the public to retain jurisdiction, the court
may, in its discretion, acting as committing magistrate,
may bind over such the child for proper
criminal proceedings to any a court which would have
trial jurisdiction of such the offense if committed by an
adult.
(5) If a child fourteen or fifteen years of age who has two prior
and unrelated adjudications of assault, assault and battery with intent to
kill, assault and battery of a high and aggravated nature, arson,
housebreaking, burglary, kidnapping, attempted criminal sexual conduct
or robbery and is currently charged with a third or
subsequent such offense an offense which, if committed by an
adult, would be a Class A, B, C, or D felony as defined in Section
16-1-20 or a felony which provides for a maximum term of
imprisonment of fifteen years or more, the court,
may after full investigation and hearing, if it deems
may determine it contrary to the best interest of such
the child or of the public to retain jurisdiction,. The
court, acting as committing magistrate, may bind over
such the child for proper criminal proceedings to
any a court which would have trial jurisdiction of
such the offenses if committed by an adult.
(6) Within thirty days after the filing of a petition in the family court
alleging the child has committed the offense of murder or criminal
sexual conduct, the person executing the petition may request in writing
that the case be transferred to the court of general sessions with a view
to proceeding against the child as a criminal rather than as a child
coming within the purview of this article. The judge of the family court
is authorized to determine this request. If the request is denied, the
petitioner may appeal within five days to the circuit court. Upon the
hearing of the appeal, the judge of the circuit court is vested with the
discretion of exercising and asserting the jurisdiction of the court of
general sessions or of relinquishing jurisdiction to the family court. If
the circuit judge elects to exercise the jurisdiction of the general sessions
court for trial of the case, he shall issue an order to that effect, and then
the family court has no further jurisdiction in the matter.
(7) Once the family court relinquishes its jurisdiction over the child
and the child is bound over to be treated as an adult, the provisions of
Section 20-7-780 dealing with the confidentiality of identity and
fingerprints will not be applicable.
(8) When jurisdiction is relinquished by the family court in favor of
another court, the court shall have full authority and power to grant bail,
hold a preliminary hearing and any other powers as now provided by law
for magistrates in such cases.
(9) If a child fifteen fourteen years of age or older
is charged with a violation of Section 16-23-430(1), Section
16-23-20, assault and battery of a high and aggravated nature, or
Section 44-53-445, the court may after full investigation and hearing, if
it considers it contrary to the best interest of the child or the public to
retain jurisdiction, acting as committing magistrate, bind over the child
for proper criminal proceedings to a court which would have trial
jurisdiction of the offenses if committed by an adult."
SECTION 3. Section 24-19-10(d) of the 1976 Code is amended to
read:
"(d) `Youthful offender' means all male and female
offenders an offender who are is under
seventeen years of age and has been bound over for proper criminal
proceedings to the court of general sessions pursuant to Section
20-7-430, who is sixteen years of age and has been charged with a Class
A, B, C, or D felony as defined in Section 16-1-20 or a felony which
provides for a maximum term of imprisonment of fifteen years or more,
or who is seventeen but less than twenty-five years of age at the
time of conviction."
SECTION 4. This act takes effect upon approval by the Governor./.
Amend title to conform.
Majority favorable. Minority unfavorable.
TY COURTNEY MAGGIE W. GLOVER
For Majority. For Minority.
STATEMENT OF ESTIMATED FISCAL
IMPACT
1. Estimated Cost to State-First Year$See below
2. Estimated Cost to State-Annually
Thereafter$See below
Senate Bill 63 amends Section
20-7-430, of the South Carolina Code of Laws, 1976, relating to the
jurisdiction of courts over a juvenile, so as to require that a juvenile
fourteen years of age or older who commits a crime that would be a
felony if committed by an adult, must be tried as an adult in the Court of
General Sessions. Relating to the confidentiality of fingerprint records
of a juvenile, this bill provides that juveniles detained for offenses that
would be a crime if committed by an adult must be photographed and
fingerprinted and the records may be transmitted to the State Law
Enforcement Division, the Federal Bureau of Investigation, or other law
enforcement agencies. Further, a juvenile adjudicated delinquent for
committing a felony, may be sentenced based on standards used for an
adult and must be held in a maximum security facility for juveniles until
he reaches eighteen years of age.
PROJECTIONS FOR IMPACT
FOR THIS LEGISLATION ON THE DEPARTMENT OF JUVENILE
JUSTICE IS AS FOLLOWS:
An assumption has to be made that
juveniles now institutionalized under Family Court commitment orders
are similar in number to juveniles who would receive a prison sentence
in adult court.
In FY 1992-93, Department of
Juvenile Justice's institutions received approximately 350 admissions of
fourteen, fifteen, and sixteen year olds charged with felony crimes.
Currently, these 350 admissions stay an average of 351 days.
The average daily cost for keeping
a juvenile at the Department of Juvenile Justice is $85.
No. of Offenders 350
No. Daysx 351
No. of commitment days122,850
Average daily costx $85
Allocated Costs$10,442,250
If this legislation is enacted, this
group of juveniles would increase to an average of 415 days with the
number of commitment days totalling 145,250.
No. of Offenders 350
No. of Daysx 415
No. of commitment days145,250
Average daily costx $85
Allocated Costs12,346,250
$12,346,250 - $10,442,250 =
$1,904,000 Additional Operating Costs
This is an increase of $1.9 million
in operating cost to the Department of Juvenile Justice.
Note: Average cost is used on this
analysis.
THE DEPARTMENT OF
CORRECTIONS' PROJECTED IMPACT WOULD BE AS FOLLOWS:
Juveniles, who are institutionalized
for felony crimes, will move to the adult correctional system at some
point after becoming age eligible under current age seventeen. These
adults would be incarcerated in medium-maximum facilities.
Average daily cost for keeping an
adult at the Department of Corrections in medium-maximum facilities
is $36.
No. of Offenders 350
No. Daysx 365
No. of commitment days127,750
Average daily costx $36
Operating Costs$4.6 million.
This is an increase of $4.6 million
in operating cost to the South Carolina Department of Corrections.
Additional capital cost of $13.7
million would be required for construction of 350 additional beds based
on per bed cost at $39,000.
Note:
*Average cost is used in this
analysis.
*Capi al cos are based on FY
1994 dollars.
*Per bed cost of $39,000 is the
average of $38,000 for minimum-medium facility and $40,000 for
medium-maximum facility.
In summary, it is estimated that 350
offenders would be involved if this legislation is approved. The
Department of Juvenile Justice's impact in additional operating costs is
estimated at $1.9 million. The Department of Corrections' impact in
additional operating costs is estimated at $4.6 million and $13.7 million
in additional capital costs.
Prepared By: Approved By:
James W. Trexler George N. Dorn, Jr.
State Budget Analyst State Budget Division
A BILL
TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS
OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION
OF COURTS OVER A JUVENILE, SO AS TO REQUIRE THAT A
JUVENILE FOURTEEN YEARS OF AGE OR OLDER WHO
COMMITS A CRIME THAT WOULD BE A FELONY IF
COMMITTED BY AN ADULT MUST BE TRIED AS AN ADULT IN
THE COURT OF GENERAL SESSIONS; TO AMEND SECTION
20-7-780, AS AMENDED, RELATING TO THE CONFIDENTIALITY
OF FINGERPRINT RECORDS OF A JUVENILE, SO AS TO
PROVIDE THAT JUVENILES DETAINED FOR OFFENSES THAT
WOULD BE A CRIME IF COMMITTED BY AN ADULT MUST BE
PHOTOGRAPHED AND FINGERPRINTED AND THE RECORDS
MAY BE TRANSMITTED TO THE STATE LAW ENFORCEMENT
DIVISION, THE FEDERAL BUREAU OF INVESTIGATION, OR
OTHER LAW ENFORCEMENT AGENCIES; AND TO AMEND
SECTION 20-7-2170, RELATING TO COMMITMENT OF A
JUVENILE, SO AS TO PROVIDE THAT A JUVENILE
ADJUDICATED DELINQUENT FOR COMMITTING A FELONY
MAY BE SENTENCED BASED ON STANDARDS USED FOR AN
ADULT, AND MUST BE HELD IN A MAXIMUM SECURITY
FACILITY FOR JUVENILES UNTIL HE REACHES EIGHTEEN
YEARS OF AGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Items (4) and (5) of Section 20-7-430 are amended to
read:
"(4) If a child sixteen years of age or older is charged with an
offense which would be a misdemeanor or felony if committed
by an adult and if the court, after full investigation, deems
considers it contrary to the best interest of such
the child or of the public to retain jurisdiction, the court
may, in its discretion, acting as committing magistrate, bind over
such the child for proper criminal proceedings to
any a court which would have trial jurisdiction of
such the offense if committed by an adult.
(5) If a child fourteen or fifteen years of age who has two
prior and unrelated adjudications of assault, assault and battery with
intent to kill, assault and battery of a high and aggravated nature, arson,
housebreaking, burglary, kidnapping, attempted criminal sexual conduct
or robbery and is currently charged with a third or subsequent such
offense, the court may after full investigation and hearing, if it deems it
contrary to the best interest of such child or of the public to retain
jurisdiction, or older is charged with an offense which would be
a felony if committed by an adult or housebreaking or robbery, the
court, acting as committing magistrate, shall bind over
such the child for proper criminal proceedings to
any a court which would have trial jurisdiction of
such offenses the offense if committed by an
adult."
SECTION 2. Section 20-7-780(C), as last amended by Act 418 of
1990, is further amended to read:
"(C) A juvenile charged with committing a violent
an offense as defined in Section 16-1-60, or charged with
committing grand larceny of a motor vehicle, may that would be
crime if committed by an adult must be fingerprinted by the law
enforcement agency who takes the juvenile into custody. A juvenile
charged with committing a nonviolent or status offense must not
be fingerprinted by law enforcement except upon order of a family court
judge. The fingerprint records of a juvenile must be kept separate from
the fingerprint records of adults. The fingerprint records of a juvenile
must not be transmitted to the files of the State Law Enforcement
Division or to the Federal Bureau of Investigation or otherwise
distributed or provided to another law enforcement agency
unless when the juvenile is adjudicated delinquent for
having committed a violent an offense, as defined
in Section 16-1-60, or for grand larceny of a motor vehicle that
is a felony or misdemeanor. The fingerprint records of a juvenile
who is not adjudicated delinquent, for having committed a
violent offense, as defined in Section 16-1-60, or for grand larceny of a
motor vehicle upon notification to law enforcement, must be
destroyed or otherwise expunged by the law enforcement agency who
took the juvenile into custody. The Department of Youth Services may
fingerprint and photograph a juvenile upon commitment to a juvenile
correctional institution. Fingerprints and photographs taken by the
Department of Youth Services remain confidential and must not
may be transmitted to the State Law Enforcement Division, the
Federal Bureau of Investigation, or another agency or person,
except for, the purpose of among other
things, aiding the department in apprehending an escapee from the
department or assisting the Missing Persons Information Center in the
location or identification of a missing or runaway child."
SECTION 3. Section 20-7-2170 of the 1976 Code is amended by
adding at the end:
"A juvenile between the ages of fourteen and seventeen
adjudicated delinquent for committing a violent crime as defined in
Section 16-1-60 or a violation involving controlled substances or illegal
drugs must be sentenced by the Family Court pursuant to guidelines
established for adults and must be incarcerated in a maximum security
facility for juveniles under the control of the Board of Youth Services.
The Family Court may commit the juvenile for a minimum period of
time during which the board may not release the juvenile."
SECTION 4. This act takes effect upon approval by the Governor.
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