Current Status Bill Number:4011 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950412 Primary Sponsor:Huff All Sponsors:Huff and Clyburn Drafted Document Number:br1\18376ac.95 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Juvenile detention facilities, per diem provisions
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19950412 Introduced, read first time, 25 HJ
referred to Committee
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TO AMEND SECTION 20-7-3230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO SERVICES, DETENTION CENTERS, AND HOLDOVER FACILITIES FOR JUVENILES, SO AS TO PROVIDE THAT IN CENTERS AND FACILITIES OPERATED BY THE DEPARTMENT OF JUVENILE JUSTICE PER DIEM MUST BE PAID BY THE COUNTY COMMITTING A JUVENILE RATHER THAN THE GOVERNING BODY OF THE LAW ENFORCEMENT AGENCY HAVING ORIGINAL JURISDICTION WHERE THE OFFENSE OCCURRED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-3230(4) of the 1976 Code, as last amended by an act of 1995 bearing ratification number 585 of 1994, is further 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 secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed must be determined by the department after its consideration and review of 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 the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing these facilities upon 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, and of the availability of the department's facilities. 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. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with Sections 20-7-600 and 20-7-605. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. The board then will shall coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles in adult jails anywhere within the State of South Carolina. Upon completion of each facility and upon the determination by the Jail and Prison Inspection Division of the Department of Corrections that each facility is staffed in accordance with relevant standards and can be operated in accordance with these standards, the division shall determine and announce the rated capacity of each facility. A facility operated by the Department of Juvenile Justice for the preadjudicatory detention of juveniles must be maintained and continued in operation for that purpose until approved for conversion or closure by the Budget and Control Board. However, a county which decides to maintain its own approved facilities or which has entered into a regional intergovernmental agreement, which has provided secure facilities for preadjudicatory juveniles, and which meets the standards set forth above, may continue to operate these facilities. County and regionally operated facilities are subject to inspection by the Jail and Prison Inspection Division of the Department of Corrections for compliance with the standards set forth above and those created pursuant to Section 24-9-20. The division has the same enforcement authority over county and regionally operated secure juvenile detention facilities as that which is provided in Section 24-9-30. A juvenile ordered detained in 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 services must be provided immediately. In Department of Juvenile Justice operated facilities, the department shall determine an amount of per diem for each child detained in a center, which must be paid by the governing body of the law enforcement agency having original jurisdiction where the offense occurred committing county. The per diem paid by the governing body of the law enforcement agency having original jurisdiction where the offense occurred county must be based on the average operating cost among all preadjudicatory state facilities. The Department of Juvenile Justice must assume one-third of the per diem cost and the governing body of the law enforcement agency having original jurisdiction where the offense occurred committing county must 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 all preadjudicatory state facilities. Transportation of the juvenile to and from a facility is the responsibility of the local law enforcement agency having jurisdiction where the offense was committed which takes the juvenile into custody. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department."
SECTION 2. This act takes effect upon approval by the Governor.