S*0300(Rat #0264, Act #0227 of 2012)  General Bill, By Fair, Hutto, Jackson, 
Knotts, Rankin and Ford
 AN ACT TO AMEND SECTION 63-19-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976,
 RELATING TO COMMITMENT OF JUVENILES TO THE DEPARTMENT OF JUVENILE JUSTICE, SO
 AS TO AUTHORIZE THE DEPARTMENT OF JUVENILE JUSTICE TO ALLOW A JUVENILE WHO IS
 TEMPORARILY COMMITTED TO ITS CUSTODY, AFTER BEING ADJUDICATED FOR A STATUS
 OFFENSE, MISDEMEANOR OFFENSE, OR A PROBATION VIOLATION OR CONTEMPT, TO UNDERGO
 A COMMUNITY EVALUATION WHILE RESIDING IN HIS HOME OR IN HIS HOME COMMUNITY
 WITH CERTAIN SAFEGUARDS AND EXCEPTIONS; AND BY ADDING SECTION 63-19-1835 SO AS
 TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE MAY GRANT UP TO A TEN-DAY
 REDUCTION EACH MONTH TO PROBATIONERS AND PAROLEES WHO ARE COMPLIANT WITH THE
 TERMS OF THEIR SUPERVISION. - ratified title

   12/15/10  Senate Prefiled
   12/15/10  Senate Referred to Committee on Judiciary
   01/11/11  Senate Introduced and read first time
                     (Senate Journal-page 134)
   01/11/11  Senate Referred to Committee on Judiciary
                     (Senate Journal-page 134)
   01/09/12  Senate Referred to Subcommittee: Sheheen (ch), Knotts,
                     Campsen, Lourie, Campbell
   03/07/12  Senate Committee report: Favorable Judiciary
                     (Senate Journal-page 10)
   03/14/12  Senate Read second time (Senate Journal-page 33)
   03/14/12  Senate Roll call Ayes-38  Nays-0 (Senate Journal-page 33)
   03/20/12  Senate Read third time and sent to House
                     (Senate Journal-page 77)
   03/27/12  House  Introduced and read first time (House Journal-page 12)
   03/27/12  House  Referred to Committee on Judiciary
                     (House Journal-page 12)
   05/30/12  House  Committee report: Favorable with amendment
                     Judiciary (House Journal-page 34)
   06/05/12  House  Amended (House Journal-page 92)
   06/05/12  House  Read second time (House Journal-page 92)
   06/05/12  House  Roll call Yeas-109  Nays-0 (House Journal-page 94)
   06/06/12  House  Read third time and returned to Senate with
                     amendments (House Journal-page 36)
   06/07/12  Senate Concurred in House amendment and enrolled
                     (Senate Journal-page 73)
   06/07/12  Senate Roll call Ayes-42  Nays-0 (Senate Journal-page 73)
   06/12/12         Ratified R 264
   06/18/12         Signed By Governor
   06/20/12         Effective date 06/18/12
   06/26/12         Act No. 227

(A227, R264, S300)

AN ACT TO AMEND SECTION 63-19-1440, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO COMMITMENT OF JUVENILES TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO AUTHORIZE THE DEPARTMENT OF JUVENILE JUSTICE TO ALLOW A JUVENILE WHO IS TEMPORARILY COMMITTED TO ITS CUSTODY, AFTER BEING ADJUDICATED FOR A STATUS OFFENSE, MISDEMEANOR OFFENSE, OR A PROBATION VIOLATION OR CONTEMPT, TO UNDERGO A COMMUNITY EVALUATION WHILE RESIDING IN HIS HOME OR IN HIS HOME COMMUNITY WITH CERTAIN SAFEGUARDS AND EXCEPTIONS; AND BY ADDING SECTION 63-19-1835 SO AS TO PROVIDE THAT THE DEPARTMENT OF JUVENILE JUSTICE MAY GRANT UP TO A TEN-DAY REDUCTION EACH MONTH TO PROBATIONERS AND PAROLEES WHO ARE COMPLIANT WITH THE TERMS OF THEIR SUPERVISION.

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

Department of Juvenile Justice, community evaluations

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

"(C)    The court, before committing a child as a delinquent or as a part of a sentence including commitments for contempt, shall order a community evaluation or temporarily commit the child to the Department of Juvenile Justice for not more than forty-five days for evaluation. A community evaluation is equivalent to a residential evaluation, but it is not required to include all components of a residential evaluation. However, in either evaluation the department shall make a recommendation to the court on the appropriate disposition of the case and shall submit that recommendation to the court before final disposition. The department is authorized to allow any child adjudicated delinquent for a status offense, a misdemeanor offense, or violation of probation or contempt for any offense who is temporarily committed to the department's custody for a residential evaluation, to reside in that child's home or in his home community while undergoing a community evaluation, unless the committing judge finds and concludes in the order for evaluation, that a community evaluation of the child must not be conducted because the child presents an unreasonable flight or public safety risk to his home community. The court may waive in writing the evaluation of the child and proceed to issue final disposition in the case if the child:

(1)    has previously received a residential evaluation or a community evaluation and the evaluation is available to the court;

(2)    has been within the past year temporarily or finally discharged or conditionally released for parole from a correctional institution of the department, and the child's previous evaluation or other equivalent information is available to the court; or

(3)    receives a determinate commitment sentence not to exceed ninety days."

Department of Juvenile Justice, compliance reductions for probationers and parolees

SECTION    2.    Article 17, Chapter 19, Title 63 of the 1976 Code is amended by adding:

"Section 63-19-1835.    The department may grant up to a ten-day reduction of the probationary or parole term to probationers and parolees who are under the department's supervision for each month they are compliant with the terms and conditions of their probation or parole order."

Time effective

SECTION    3.    This act takes effect upon approval by the Governor.

Ratified the 12th day of June, 2012.

Approved the 18th day of June, 2012.