H 4718 Session 111 (1995-1996)
H 4718 General Bill, By L.H. Limbaugh, Askins, Cato, C.D. Chamblee, Cooper,
Dantzler, Gamble, Harrison, Haskins, Keegan, Knotts, Law, Limehouse, Loftis,
Meacham, Rice, Seithel, Stille, Stuart, Tripp, Whatley, Wilkins, Witherspoon,
S.S. Wofford, W.J. Young and Young-Brickell
A Bill to amend Section 20-7-2095, as amended, Code of Laws of South Carolina,
1976, relating to Board of Juvenile Parole reviews of children committed to
the Department of Juvenile Justice, so as to provide that a juvenile committed
for certain violent crimes does not have the right to have his case reviewed
quarterly and that the Parole Board may choose instead to conduct an annual
review.
03/07/96 House Introduced and read first time HJ-5
03/07/96 House Referred to Committee on Judiciary HJ-5
A BILL
TO AMEND SECTION 20-7-2095, AS AMENDED, CODE OF
LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD
OF JUVENILE PAROLE REVIEWS OF CHILDREN
COMMITTED TO THE DEPARTMENT OF JUVENILE
JUSTICE, SO AS TO PROVIDE THAT A JUVENILE
COMMITTED FOR CERTAIN VIOLENT CRIMES DOES NOT
HAVE THE RIGHT TO HAVE HIS CASE REVIEWED
QUARTERLY AND THAT THE PAROLE BOARD MAY
CHOOSE INSTEAD TO CONDUCT AN ANNUAL REVIEW.
Be it enacted by the General Assembly of the State of South
Carolina:
SECTION 1. Section 20-7-2095 of the 1976 Code, as last
amended by Act 181 of 1993, is further amended to read:
"Section 20-7-2095. (A) The Board of Juvenile
Parole (parole board) 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
such 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, in its discretion, issue temporary and final discharges or
release such these persons conditionally and
prescribe conditions for such release into aftercare. It
shall be the right of any such A juvenile has the
right to personally appear before the parole board every three
months for the purpose of parole consideration, but no such
appearance shall 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. However, a juvenile does not
have the right to quarterly reviews after the juvenile reaches the
minimum parole guidelines if the juvenile was committed for a
violent offense, as defined in Section 16-1-60, and the parole board
instead may choose only to conduct an annual review of the
juvenile. In order to allow such these reviews
and personal 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 such these panels
shall be periodically must be rotated on a random
basis by the chairman. At the meetings of the panels, any
a unanimous vote shall be is considered the
final decision of the parole board. Any A panel vote
that is not unanimous shall must not be considered
as a final decision of the parole board and the matter shall
must be referred to the full parole board, which shall
determine the matter by a majority vote of its membership.
(B) In the determination of the type of discharges or
conditional releases granted, the parole board shall consider the
interests of the person involved and the interests of society and shall
employ the services of and consult with the personnel of the
Reception and Evaluation Center. The parole board may from time
to time modify the conditions of discharges or conditional releases
previously granted.
(C) The parole board shall develop written guidelines
for the consideration of juveniles' releases on parole. Such
These guidelines shall must be given to
juveniles upon commitment and periodically reviewed with each
juvenile to assess the progress made toward achieving release on
parole."
SECTION 2. This act takes effect upon approval by the
Governor.
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