H*3104(Rat #0137, Act #0084 of 1995)  General Bill, By J.S. Shissias, Kelley and 
Stille
 A Bill to amend Section 20-7-1318, Code of Laws of South Carolina, 1976,
 relating to definitions used in income-withholding to enforce support orders,
 so as to revise the definition of "support order" and to correct a
 cross-reference; to amend Section 20-7-1340, relating to payment for support
 or treatment of child, so as to authorize the Solicitor to seek child support
 from a parent when the child is committed by the court to custody other than
 his parents; to amend Section 20-7-2180, as amended, relating to the
 Department of Juvenile Justice bearing expenses of child committed to its
 custody, so as to provide an exception; and to amend Section 20-7-3230, as
 amended, relating to facilities for juveniles, so as to revise certain
 detention procedures.-amended title

   12/14/94  House  Prefiled
   12/14/94  House  Referred to Committee on Judiciary
   01/10/95  House  Introduced and read first time HJ-38
   01/10/95  House  Referred to Committee on Judiciary HJ-38
   01/18/95  House  Committee report: Favorable Judiciary HJ-12
   01/19/95  House  Read second time HJ-13
   01/24/95  House  Read third time and sent to Senate HJ-14
   01/25/95  Senate Introduced and read first time SJ-7
   01/25/95  Senate Referred to Committee on General SJ-7
   05/25/95  Senate Committee report: Favorable with amendment
                     General SJ-23
   05/29/95  Senate Amended SJ-16
   05/29/95  Senate Read second time SJ-16
   05/29/95  Senate Ordered to third reading with notice of
                     amendments SJ-16
   05/30/95  Senate Read third time and returned to House with
                     amendments SJ-57
   05/31/95  House  Senate amendment amended HJ-102
   05/31/95  House  Returned to Senate with amendments HJ-105
   05/31/95  Senate Concurred in House amendment and enrolled SJ-133
   06/06/95         Ratified R 137
   06/12/95         Signed By Governor
   06/12/95         Effective date 06/12/95
   08/10/95         Copies available
   08/10/95         Act No. 84

AN ACT TO AMEND SECTION 20-7-1318, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS USED IN INCOME-WITHHOLDING TO ENFORCE SUPPORT ORDERS, SO AS TO REVISE THE DEFINITION OF "SUPPORT ORDER" AND TO CORRECT A CROSS-REFERENCE; TO AMEND SECTION 20-7-1340, RELATING TO PAYMENT FOR SUPPORT OR TREATMENT OF CHILD, SO AS TO AUTHORIZE THE SOLICITOR TO SEEK CHILD SUPPORT FROM A PARENT WHEN THE CHILD IS COMMITTED BY THE COURT TO CUSTODY OTHER THAN HIS PARENTS; TO AMEND SECTION 20-7-2180, AS AMENDED, RELATING TO THE DEPARTMENT OF JUVENILE JUSTICE BEARING EXPENSES OF CHILD COMMITTED TO ITS CUSTODY, SO AS TO PROVIDE AN EXCEPTION; AND TO AMEND SECTION 20-7-3230, AS AMENDED, RELATING TO FACILITIES FOR JUVENILES, SO AS TO REVISE CERTAIN DETENTION PROCEDURES.

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

Definition revised

SECTION 1. Section 20-7-1318(1) of the 1976 Code is amended to read:

"(1) `Support order' means an order of a court which provides for periodic payments of funds for the support of a child or maintenance of a spouse or former spouse and support of a child, whether temporary or final, whether incidental to a proceeding for divorce, separation, separate maintenance, paternity, guardianship, or otherwise and includes an order providing modification of support payment of an arrearage or reimbursement of support."

Cross reference corrected

SECTION 2. Section 20-7-1318(8) of the 1976 Code is amended to read:

"(8) `Income' means any form of payment to an individual as defined in Section 20-7-1315(A)(5)."

Parents to pay child support when child is committed to custody other than that of the parent

SECTION 3. Section 20-7-1340 of the 1976 Code is amended to read:

"Section 20-7-1340. Whenever a child is committed by the court to custody other than that of his parents, or is given medical, psychological, or psychiatric treatment under order of the court, the solicitor of the county where the child is a resident may petition the court to order the parent or parents of such child to pay child support when such child is committed to or detained in the custody of a county detention facility or the Department of Juvenile Justice. If the parents of the child are living apart, the court shall pursue child support payments from both parents. The court may, after giving the parent a reasonable opportunity to be heard, order and decree that such parent shall pay, in such manner as the court may direct, in accordance with child support guidelines as promulgated by the Department of Social Services to cover in whole or in part the support and treatment of such child. In making its determination whether to order child support, the court shall consider the conduct of the parent in supervising and providing care for the child. If the parent shall wilfully fail or refuse to pay such sum, the court may proceed against him or her as for contempt."

Exceptions to State paying all expenses of child at Department of Juvenile Justice

SECTION 4. Section 20-7-2180 of the 1976 Code, as last amended by Act 181 of 1993, is further amended to read:

"Section 21-7-2180. From the time of lawful reception of any child by the Department of Juvenile Justice and during his stay in custody in a correctional institution, facility, or program operated by the department, he shall be under the exclusive care, custody, and control of the department. All expenses shall be borne by the State except as otherwise provided by law."

Revisions to detention procedures

SECTION 5. Section 20-7-3230(A)(4), (5), and (6) of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

"(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed must be determined by the department after its consideration and review of American Correctional Association standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing these facilities upon each facility becoming operational. The department shall inform each county governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's ability to develop its own facility or to contract with other counties for the development of a regional facility, and of the availability of the department's facilities. This notice must be provided to each county for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with Sections 20-7-600 and 20-7-605. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles in adult jails anywhere within the State of South Carolina. Upon completion of each facility and upon the determination by the Jail and Prison Inspection Division of the Department of Corrections that each facility is staffed in accordance with relevant standards and can be operated in accordance with these standards, the division shall determine and announce the rated capacity of each facility. A facility operated by the Department of Juvenile Justice for the preadjudicatory detention of juveniles must be maintained and continued in operation for that purpose until approved for conversion or closure by the Budget and Control Board. However, a county which decides to maintain its own approved facilities or which has entered into a regional intergovernmental agreement, which has provided secure facilities for preadjudicatory juveniles, and which meets the standards set forth above, may continue to operate these facilities. County and regionally operated facilities are subject to inspection by the Jail and Prison Inspection Division of the Department of Corrections for compliance with the standards set forth above and those created pursuant to Section 24-9-20. The division has the same enforcement authority over county and regionally operated secure juvenile detention facilities as that which is provided in Section 24-9-30. A juvenile ordered detained in a facility must be interviewed within twenty-four hours after the detention hearing by a social worker or, if considered appropriate, by a psychologist, in order to determine whether the juvenile is emotionally disturbed, mentally ill, or otherwise in need of services. The services must be provided immediately. In Department of Juvenile Justice operated facilities, the department shall determine an amount of per diem for each child detained in a center, which must be paid by the governing body of the law enforcement agency having original jurisdiction where the offense occurred. The per diem paid by the governing body of the law enforcement agency having original jurisdiction where the offense occurred must be based on the average operating cost among all preadjudicatory state facilities. The Department of Juvenile Justice must assume one-third of the per diem cost and the governing body of the law enforcement agency having original jurisdiction where the offense occurred must assume two-thirds of the cost. Per diem funds received by the department must be placed in a separate account by the department for operation of all preadjudicatory state facilities. Transportation of the juvenile to and from a facility is the responsibility of the law enforcement agency having jurisdiction where the offense was committed. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department.

(5) Each secure facility which detains preadjudicatory youth longer than forty-eight hours, excluding weekends and state holidays, regardless of ownership or management, must have sufficient personnel to provide uninterrupted supervision and to provide administrative, program, and support requirements. Each of these facilities must have a minimum of two juvenile custodial officers on duty each shift, fully dressed, awake, and alert to operate the facility. At least one person shall directly supervise the juveniles at all times. At least one female juvenile custodial officer must be present and available to the female detention population at all times. Staff on duty must be sufficient to provide for a juvenile-staff ratio of no more than a maximum of eight juveniles to each custody staff person, excluding administrative, program, and other support staff. Staff shall prepare further a facility schedule of preplanned, structured, and productive activities. Schedules must be developed which include designated times for sleeping, dining, education, counseling, recreation, visitation, and personal time. Daily schedules should minimize idleness and promote constructive use of the juvenile's day.

The Department of Juvenile Justice shall provide educational programs and services to all preadjudicatory juveniles in its custody. County and regionally operated facilities shall provide these services to all preadjudicatory juveniles who are detained locally for more than forty-eight hours, excluding weekends and state holidays, by contracting with the Department of Juvenile Justice or by arranging the services through the local school district in which the facility is located. Services which are arranged locally must be approved by the Department of Juvenile Justice as meeting all criteria developed under the authority of Section 20-7-3240.

(6) A county or regional subdivision may provide temporary holdover facilities for juveniles only if the facilities comply with this section and with all standards created under the provisions of Section 24-9-20, which must be monitored and enforced by the Jail and Prison Inspection Division of the South Carolina Department of Corrections pursuant to its authority under Sections 24-9-20 and 24-9-30. The standards shall provide for the regulation of temporary holdover facilities with regard to adequate square footage, juvenile accommodations, access to bathroom facilities, lighting, ventilation, distinctions between secure and nonsecure temporary holdover facilities, staffing qualifications, and additional requirements as may be specified. These facilities may hold juveniles during the period between initial custody and the initial detention hearing before a family court judge for a period up to forty-eight hours, excluding weekends and state holidays."

Time effective

SECTION 6. This act takes effect upon approval by the Governor.

Approved the 12th day of June, 1995.