H 3198 General Bill, By Brady, Spires, Butler Garrick, Erickson and Long

Similar(S 301, H 3200)
 A BILL TO AMEND SECTION 63-19-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO COMMITMENT OF JUVENILES TO THE CUSTODY OF THE DEPARTMENT OF
 JUVENILE JUSTICE, SO AS TO PROVIDE THAT THE FAMILY COURT MAY COMMIT A CHILD TO
 THE DEPARTMENT OF JUVENILE JUSTICE FOR A DETERMINATE PERIOD OF TIME NOT TO
 EXCEED ONE HUNDRED EIGHTY DAYS UPON A CHILD'S ADJUDICATION FOR A FELONY WHICH
 CARRIES A MAXIMUM PENALTY OF FIFTEEN YEARS OR MORE.

   12/14/10  House  Prefiled
   12/14/10  House  Referred to Committee on Judiciary
   01/11/11  House  Introduced and read first time (House Journal-page 80)
   01/11/11  House  Referred to Committee on Judiciary
                     (House Journal-page 80)
   02/01/11  House  Member(s) request name added as sponsor: Butler Garrick
   03/02/11  House  Member(s) request name added as sponsor: Erickson, Long

TO AMEND SECTION 63-19-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF JUVENILES TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT THE FAMILY COURT MAY COMMIT A CHILD TO THE DEPARTMENT OF JUVENILE JUSTICE FOR A DETERMINATE PERIOD OF TIME NOT TO EXCEED ONE HUNDRED EIGHTY DAYS UPON A CHILD'S ADJUDICATION FOR A FELONY WHICH CARRIES A MAXIMUM PENALTY OF FIFTEEN YEARS OR MORE.

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

SECTION    1.    Section 63-19-1440(B) of the 1976 Code is amended to read:

"(B)    All commitments to the custody of the Department of Juvenile Justice for delinquency as opposed to the conviction of a specific crime may be made only for the reasons and in the manner prescribed in Sections 63-3-510, 63-3-520, 63-3-580, 63-3-600, 63-3-650, and this chapter, with evaluations made and proceedings conducted only by the judges authorized to order commitments in this section. When a child is committed to the custody of the department, commitment must be for an indeterminate sentence, not extending beyond the twenty-first birthday of the child unless sooner released by the department, or for a determinate commitment sentence not to exceed one hundred eighty days for a child adjudicated for a felony with a maximum term of imprisonment of fifteen years or more and not to exceed ninety days for a child adjudicated for any other offense."

SECTION    2.    This act takes effect upon approval by the Governor.