Current Status Introducing Body:
SenateBill Number: 194Primary Sponsor: RoseCommittee Number: 25Type of Legislation: GBSubject: Juvenile, incarceration provisionsResiding Body: HouseCurrent Committee: JudiciaryDate Tabled: Jan 14, 1992Computer Document Number: 194Introduced Date: Jan 08, 1991Date of Last Amendment: Apr 25, 1991Last History Body: HouseLast History Date: Jan 14, 1992Last History Type: Tabled in CommitteeScope of Legislation: StatewideAll Sponsors: RoseType of Legislation: General Bill
Bill Body Date Action Description CMN ---- ------ ------------ ------------------------------ --- 194 House Jan 14, 1992 Tabled in Committee 25 194 House Apr 30, 1991 Introduced, read first time, 25 referred to Committee 194 Senate Apr 26, 1991 Read third time, sent to House 194 Senate Apr 25, 1991 Unanimous consent for third reading on Friday, April 26 194 Senate Apr 25, 1991 Amended, read second time 194 Senate Apr 04, 1991 Committee Report: Favorable 03 with amendment 194 Senate Jan 08, 1991 Introduced and read first 03 time, referred to Committee 194 Senate Sep 17, 1990 Prefiled, referred to 03 CommitteeView additional legislative information at the LPITS web site.
COMMITTEE AMENDMENT ADOPTED AND AMENDED
April 25, 1991
S. Printed 4/25/91--S.
Read the first time January 8, 1991.
TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-601 SO AS TO PROVIDE THAT A JUVENILE MAY NOT BE INCARCERATED IN A JAIL OR OTHER PLACE OF DETENTION FOR CONTEMPT OF COURT FOR COMMITTING OR VIOLATING A COURT ORDER PROHIBITING THE COMMISSION OF A STATUS OFFENSE, AND BY ADDING SECTION 20-7-602 SO AS TO PROVIDE THAT THE TERMS "JAIL OR OTHER PLACE OF DETENTION" AND "DETENTION FACILITIES" INCLUDE A LAW ENFORCEMENT LOCKUP OR HOLDING CELL FOR PURPOSES OF CERTAIN PROVISIONS OF LAW PROHIBITING THE PLACING OF A JUVENILE IN JAIL FOR A STATUS OFFENSE OR THE PLACING OF A JUVENILE LAWFULLY IN JAIL IN THE SAME CELL WITH ADULTS.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 20-7-601. Except as otherwise provided for in Section 20-7-600(G), no judge of any court of this State may order the detention or incarceration of a juvenile who has no prior or current criminal adjudication, in any type of jail, detention facility, or secure correctional institution operated by the Department of Youth Services for a `status offense' or for contempt of court for the commission of or for violating a court order prohibiting the commission of a `status offense' as defined in Section 20-7-30(6); however, a status offender who has no prior or current criminal adjudication, who has been held in contempt by the Family Court may be committed to the Department of Youth Services by the court upon the department's development of a residential housing unit and program for such contemnors which segregates contemnors with no prior or current criminal adjudication, from its general institutional population and upon the department's certification to the court that the commitment of such an individual contemnor will not result in the department exceeding the operational capacity of this residential housing unit. This provision will not affect a court's authority to temporarily commit a status offender or a juvenile found in contempt of court to the custody of the Department of Youth Services in accordance with Section 20-7-2205."
SECTION 2. Within six months of this act's effective date the Department of Youth Services shall provide the Joint Legislative Committee on Children with a report on the implementation and status of the provisions of Section 20-7-601 as added by Section 1 of this act.
SECTION 3. This act takes effect upon approval by the Governor.