Current Status Introducing Body:
SenateBill Number: 410Primary Sponsor: MitchellCommittee Number: 03Type of Legislation: GBSubject: Juvenile detention facilitiesResiding Body: SenateCurrent Committee: Corrections and PenologyComputer Document Number: 410Introduced Date: 19930211Last History Body: SenateLast History Date: 19930211Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: MitchellType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 410 Senate 19930211 Introduced, read first time, 03 referred to CommitteeView additional legislative information at the LPITS web site.
TO AMEND SECTION 20-7-3230(4), CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE DETENTION SERVICES FOR JUVENILES, SO AS TO PROVIDE THAT JUVENILE DETENTION FACILITIES MAY BE PROVIDED BY A COUNTY OR COUNTIES WHICH HAVE ENTERED INTO A REGIONAL INTERGOVERNMENTAL AGREEMENT TO PROVIDE SECURE FACILITIES FOR PREADJUDICATORY JUVENILES WHICH MEET THE STANDARDS OF DESIGN, CONSTRUCTION, AND OPERATION OF THE AMERICAN CORRECTIONAL ASSOCIATION, AND TO FURTHER PROVIDE THAT IN FACILITIES OPERATED BY THE DEPARTMENT OF YOUTH SERVICES THE COST FOR EACH CHILD COMMITTED BY A COUNTY MUST BE BASED ON THE AVERAGE OPERATING COST AMONG ALL PREADJUDICATORY STATE FACILITIES, AND THAT THE DEPARTMENT OF YOUTH SERVICES MUST ASSUME ONE-THIRD OF THE PER DIEM COSTS AND THE COMMITTING COUNTY SHALL ASSUME TWO-THIRDS OF THE COSTS, AND THAT TRANSPORTATION OF THE JUVENILE TO AND FROM THE FACILITY SHALL BE THE RESPONSIBILITY OF THE COUNTY AND TRANSPORTATION OF THE JUVENILE BETWEEN DEPARTMENT FACILITIES SHALL BE THE RESPONSIBILITY OF THE DEPARTMENT; TO ADD A NEW SUBSECTION (5), SO AS TO PROVIDE THAT EACH SECURE FACILITY SHALL HAVE SUFFICIENT PERSONNEL TO PROVIDE TWENTY-FOUR HOUR SUPERVISION AND TO PROVIDE ADMINISTRATIVE PROGRAM AND SUPPORT REQUIREMENTS; AND TO ADD A NEW SUBSECTION (6), SO AS TO PROVIDE THAT A COUNTY WHICH PROVIDES TEMPORARY HOLDOVER FACILITIES FOR JUVENILES MUST MEET CERTAIN REQUIREMENTS.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-3230(4) of the 1976 Code is amended to read:
"(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include a secure juvenile detention center centers. However, this secure juvenile detention center shall cease to be operated as a preadjudicatory juvenile detention center two years after the facility becomes operational unless specifically renewed and reauthorized as a preadjudicatory juvenile detention center by the General Assembly. The size and capacity of this the juvenile detention facility facilities must be determined by the department after its consideration and review of recognized national American Correctional Association standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of its the juvenile detention center centers and in providing for the construction and operation of the facility facilities. However, the size and capacity of this juvenile detention center may not exceed thirty beds. Upon completion of construction of each facility and upon the department's determination that the each facility is staffed in accordance with existing relevant standards and, therefore, can be operated in accordance with these standards, the department shall determine and announce the maximum operational capacity of the each facility. Before September 2, 1990, the The department shall determine and announce the anticipated maximum operational capacity of this each facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing this facility these facilities upon the each facility becoming operational. The department shall inform each county governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's ability to develop its own facility or to contract with other counties for the development of a regional facility, of the availability of this facility, and of the per diem and transportation requirements set forth in this section if this facility is to be used by the county. This notice must be provided to each county for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. A juvenile must not be ordered detained by the court in this juvenile detention center nor may the department accept a juvenile into this facility if his detention causes the department to exceed the announced operational capacity. However, a county which has entered into a regional intergovernmental agreement, has provided secure facilities for preadjudicatory juveniles and which meets the standards set forth above, may continue to operate these facilities. County operated facilities shall be subject to inspection by the Jail and Prison Inspection Division under the jurisdiction of the Department of Corrections for compliance with the standards set forth above and those pursuant to Section 24-9-20. The division shall have the same enforcement authority over county operated secure juvenile detention facilities as provided in Section 24-9-30. A juvenile ordered detained in this a facility must be screened within twenty-four hours by a social worker or, if considered appropriate, by a psychologist, in order to determine whether the juvenile is emotionally disturbed, mentally ill, or otherwise in need of services. The Such services will be provided forthwith. In Department of Youth Services operated facilities, the department shall determine an amount of per diem for each child detained in this a center, which must be paid by the committing county. The per diem paid by the county may not exceed the daily average cost of a juvenile committed to the department and must be based on the average operating cost among all preadjudicatory state facilities. The Department of Youth Services must assume one-third of the per diem cost and the committing county shall assume two-thirds of the cost. Per diem funds received by the department must be placed in a separate account by the department for operation of this facility all preadjudicatory state facilities. Transportation of the juvenile to and from a facility shall be the responsibility of the county. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department.
(5) Each secure facility for preadjudicatory youth, regardless of ownership, shall have sufficient personnel to provide twenty-four hour supervision and to provide administrative, program, and support requirements. Each facility shall have a minimum of two custodial officers on duty each shift, fully dressed, awake, and alert to operate the facility. At least one person shall directly supervise the juveniles at all times. At least one female juvenile custody officer shall be present and available to the female detention population at all times. Staff on duty shall be sufficient to provide for a juvenile-staff ratio of no more than a maximum of eight juveniles to each custody staff person, excluding administrative, program, and other support staff. Staff shall further prepare a facility schedule of preplanned, structured, and productive activities. Schedules must be developed which include designated times for sleeping, dining, education, counseling, recreation, visitation, and personal time. Daily schedules should minimize idleness and promote constructive use of the juvenile's day.
(6) A county may only provide temporary holdover facilities for juveniles if the facilities comply with this section and regulations as established by the Division of Audit, Inspections, and Inmate Affairs of the South Carolina Department of Corrections pursuant to its enforcement authority under Section 24-9-30. The division shall provide for the regulation of temporary holdover facilities with regard to adequate square footage, juvenile accommodations, access to bathroom facilities, lighting, ventilation, distinctions between secure and non-secure temporary holdover facilities, and staffing qualifications. These facilities may hold juveniles during the period between initial custody and the initial detention hearing before a family court judge for a period up to twenty-four hours, excluding weekends and state holidays."
SECTION 2. This act takes effect upon approval by the Governor.