Current Status Bill Number:388 Type of Legislation:General Bill GB Introducing Body:Senate Introduced Date:19950118 Primary Sponsor:Courson All Sponsors:Courson and Giese Drafted Document Number:br1\18040ac.95 Residing Body:Senate Current Committee:Judiciary Committee 11 SJ Subject:Juvenile, custody for law violation
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950118 Introduced, read first time, 11 SJ
referred to Committee
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TO AMEND SECTION 20-7-600, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO PROCEDURES WHEN A CHILD IS TAKEN INTO AND RELEASED FROM CUSTODY FOR VIOLATING THE LAW, SO AS TO REVISE THE CIRCUMSTANCES UNDER WHICH A CHILD ONLY MAY BE RELEASED BY A LAW ENFORCEMENT OFFICER.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-600(B) of the 1976 Code, as last amended by an act of 1995 bearing ratification number 585 of 1994, is further amended to read:
"(B) When a child is not released pursuant to subsection (A), the officer taking the child into custody shall immediately shall notify the authorized representative of the Department of Juvenile Justice, who shall respond within one hour to the location where the child is being detained. Upon responding, the authorized representative of the department shall review the facts in the officer's report or petition and any other relevant facts and advise the officer if, in his the representative's opinion, there is a need for detention of the child. The officer's written report must be furnished to the authorized representatives of the department and must state:
(1) the facts of the offense;
(2) the reason why the child was not released to the parent. Unless the child is to be detained, the child must be released by the officer to the custody of his the child's parents or other responsible adult upon their written promise to bring the child to the court at a stated time or at a time the court may direct. However, if the offense for which the child was taken into custody is a violent crime as defined in Section 16-1-60 provided for in subsection (F), the child may be released only by the officer who took the child into custody. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to any judge of the Family Court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the Family Court judge. The Family Court judge may establish conditions for such the release."
SECTION 2. This act takes effect upon approval by the Governor.