Current Status Bill Number:3131 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19970114 Primary Sponsor:Limbaugh All Sponsors:Limbaugh, Kirsh, Meacham and Knotts Drafted Document Number:gjk\23174sd.97 Residing Body:House Current Committee:Judiciary Committee 25 HJ Subject:Juvenile Parole Board, juvenile convicted of violent crime, annual review, minors
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
House 19970114 Introduced, read first time, 25 HJ
referred to Committee
House 19970108 Prefiled, referred to Committee 25 HJ
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TO AMEND SECTION 20-7-8305, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO BOARD OF JUVENILE PAROLE REVIEWS OF CHILDREN COMMITTED TO THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A JUVENILE COMMITTED FOR CERTAIN VIOLENT CRIMES DOES NOT HAVE THE RIGHT TO HAVE HIS CASE REVIEWED QUARTERLY AND THAT THE PAROLE BOARD MAY CHOOSE INSTEAD TO CONDUCT AN ANNUAL REVIEW.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-8305(A)of the 1976 Code, as added by Act 383 of 1996, is further amended to read:
"(A) The Board of Juvenile Parole shall meet monthly and at other times as may be necessary to review the records and progress of children committed to the custody of the Department of Juvenile Justice for the purpose of deciding the release or revocation of release of these such children. The parole board shall make periodic inspections, at least quarterly, of the records of persons committed to the custody of the Department of Juvenile Justice and may issue temporary and final discharges or release these such persons conditionally and prescribe conditions for release into aftercare. It is the right of a juvenile to appear personally before the parole board every three months for the purpose of parole consideration, but no appearance may begin until the parole board determines that an appropriate period of time has elapsed since the juvenile's commitment. In addition, and at the discretion of the parole board, the quarterly reviews of juveniles committed to the department for having committed a violent offense, as defined in Section 16-1-60, may be waived by the parole board until the juvenile reaches the minimum parole guidelines established for the juvenile by the parole board. However, a juvenile does not have the right to quarterly reviews after the juvenile reaches the minimum parole guidelines if the juvenile was committed for a violent offense, as defined in Section 16-1-60, and the parole board instead may choose only to conduct an annual review of the juvenile. In order to allow reviews and personal appearances by children, the chairman of the parole board may assign the members to meet in panels of not less than three members to receive progress reports and recommendations, review cases, meet with children, meet with counselors, and to hear matters and consider cases for release, parole, and parole revocation. Membership on these panels must be periodically rotated on a random basis by the chairman. At the meetings of the panels, a unanimous vote must be considered the final decision of the parole board. A panel vote that is not unanimous must not be considered as a final decision of the parole board and the matter must be referred to the full parole board, which shall determine the matter by a majority vote of its membership."
SECTION 2. This act takes effect upon approval by the Governor.