South Carolina General Assembly
109th Session, 1991-1992

Bill 1465


Indicates Matter Stricken
Indicates New Matter


                    Current Status

Introducing Body:               Senate
Bill Number:                    1465
Primary Sponsor:                Rose
Committee Number:               25
Type of Legislation:            GB
Subject:                        Family court, monetary and
                                community service restitution
Residing Body:                  House
Current Committee:              Judiciary
Computer Document Number:       BR1/2523.AC
Introduced Date:                Apr 14, 1992
Date of Last Amendment:         May 27, 1992
Last History Body:              House
Last History Date:              May 28, 1992
Last History Type:              Introduced, read first time,
                                referred to Committee
Scope of Legislation:           Statewide
All Sponsors:                   Rose
Type of Legislation:            General Bill



History


 Bill  Body    Date          Action Description              CMN
 ----  ------  ------------  ------------------------------  ---
 1465  House   May 28, 1992  Introduced, read first time,    25
                             referred to Committee
 1465  Senate  May 27, 1992  Amended, read third time,
                             sent to House
 1465  Senate  May 21, 1992  Read second time
 1465  Senate  May 19, 1992  Committee Report: Favorable     03
 1465  Senate  Apr 14, 1992  Introduced, read first time,    03
                             referred to Committee

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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken
Indicates New Matter

AS PASSED BY THE SENATE

May 27, 1992

S. 1465

Introduced by SENATOR Rose

S. Printed 5/27/92--S.

Read the first time April 14, 1992.

A BILL

TO AMEND SECTION 20-7-1330, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DISPOSITIONAL POWERS OF THE FAMILY COURT AND PROCEDURES USED IN ADJUDICATING CASES, SO AS TO PERMIT THE COURT TO IMPOSE BOTH MONETARY RESTITUTION AND COMMUNITY SERVICE RESTITUTION AS CONDITIONS OF PROBATION, TO REQUIRE JUVENILES PERFORMING COMMUNITY SERVICE RESTITUTION TO PAY A SUPERVISION FEE, TO REQUIRE JUVENILES PAYING MONETARY RESTITUTION TO PAY A SURCHARGE ON THE AMOUNT, AND TO ALLOW THE DEPARTMENT OF YOUTH SERVICES TO RETAIN AND CARRY FORWARD THESE FEES FOR THE PURPOSE OF ADMINISTERING THESE PROGRAMS.

Amend Title To Conform

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

SECTION 1. Section 20-7-1330 of the 1976 Code, as last amended by Act 615 of 1988, is further amended to read:

"Section 20-7-1330. (A) When a child is found by decree of the court to come within the provisions of Section 20-7-400, the court shall in its decree make a finding of the facts upon which the court exercises its jurisdiction over the child. Following the decree, the court may, by order:

(a)(1) place the child on probation or under supervision in his the child's own home or in the custody of a suitable person elsewhere, upon conditions as the court may determine determines. A child placed on probation by the court remains under the authority of the court only until the expiration of the specified term of his probation. This specified term of probation may expire before but not after the eighteenth birthday of the child. Unless otherwise ordered by the court, while on probation a child must be supervised by the Department of Youth Services. Probation means casework services during a continuance of the case. Probation must not be ordered or administered as punishment, but as a measure for the protection, guidance, and well-being of the child and his the child's family. Probation methods must be directed to the discovery and correction of the basic causes of maladjustment and to the development of the child's personality and character, with the aid of the social resources of the community. The court may impose monetary restitution or participation in supervised work or community service restitution, or both, as a condition of probation. The Department of Youth Services, in coordination with other state and local community agencies, shall develop and encourage the development of supervised work sites and places of employment for a child ordered to perform supervised work or community service restitution which is of a constructive in nature designed to make reparation and to promote the rehabilitation of the child. If the court imposes as a condition of probation a requirement that restitution in a specified amount be paid, the amount to be paid as restitution may not exceed five hundred dollars. The Department of Youth Services shall develop a system for the transferring of a court ordered restitution payment from the juvenile to the victim or owner of property injured, destroyed, or stolen;

A juvenile ordered to perform community service restitution as a condition of probation or who agrees to perform community service restitution as a condition of participating in a pretrial diversionary program shall pay a supervision fee to the Department of Youth Services one dollar for every five hours of community service restitution ordered performed or which is agreed to be performed by the juvenile up to fifty dollars for each offense. This supervision fee is due and payable on the date of the dispositional hearing or on the date the juvenile accepts the conditions imposed for participation in a pretrial diversionary program. Due to indigency, the supervision fee and monetary restitution surcharge may be waived by the court if imposed as a condition of probation or by the solicitor if imposed as a condition for participation in a pretrial diversionary program. A juvenile who is ordered to pay monetary restitution must pay a fifteen percent surcharge on all restitution payments. The supervision fees and monetary restitution surcharges must be retained by the Department of Youth Services and used to supervise and administer these programs. Fees and surcharges collected may be retained and carried forward from one fiscal year to the next to be used for the same purposes;

(b)(2) as a condition of probation impose upon the juvenile a fine not exceeding two hundred dollars when the offense is one in which a magistrate, or municipal, or circuit court judge has the authority to impose a fine. A fine may be imposed when commitment is suspended but not in addition to commitment;

(c)(3) commit the child to the custody of the Department of Youth Services or to the guardianship of a any other public or private institution or agency authorized to care for children or to place them a child in a family homes home or under the guardianship of a suitable person. Commitment must be for an indeterminate period but in no event beyond the child's twenty-first birthday;

(d)(4) cause a child concerning whom a petition has been filed to be examined or treated by a physician, psychiatrist, or psychologist and for that purpose place the child in a hospital or other suitable facility;

(e)(5) order other care and treatment as it considers best, except as otherwise provided in this section. In support of an order, the court may require the parents or other persons having custody of the child, or any other person who has been found by the court to be encouraging, causing, or contributing to the acts or conditions which bring the child within the purview of this chapter, to do or omit to do perform acts required or forbidden by law, or refrain from acts prohibited by law when the judge considers the requirement necessary for the welfare of the child. In case of failure to comply with the requirement, the court may proceed against those persons a person for contempt of court;

(f)(6) dismiss the petition or otherwise terminate its jurisdiction at any time, on the motion of either party or on its own motion.

(B) No adjudication by the court of the status of a child is a conviction,; nor does the no adjudication operate to impose imposes civil disabilities ordinarily resulting from conviction,; nor may a and no child may be charged with a crime or convicted in a court, except as provided in Section 20-7-430(6). The disposition made of a child, or any evidence given in court, does not disqualify the child in a future civil service application or appointment.

(C) Whenever If the court commits a child to an institution or agency, it shall transmit with the order of commitment a summary of its information concerning the child, and the institution or agency shall give to the court information concerning the child which the court may require. Counsel of record, if any, must be notified by the court of an adjudication under this section, and in the event there is no counsel of record, the child, or its the child's parents, or guardian must be notified of the adjudication by regular mail from the court to the last address of the child, its or the child's parents, or guardian."

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

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