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3553Ratification Number: 384Act Number: 321Type of Legislation: General Bill GBIntroducing Body: HouseIntroduced Date: 19990217Primary Sponsor: CampsenAll Sponsors: CampsenDrafted Document Number: l:\council\bills\bbm\9001som99.docDate Bill Passed both Bodies: 20000531Date of Last Amendment: 20000525Governor's Action: SDate of Governor's Action: 20000606Subject: Juvenile Parole Board, juvenile committed for violent crimes, annual review conducted; Minors, Crimes and OffensesHistory Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000616 Act No. A321 ------ 20000606 Signed by Governor ------ 20000531 Ratified R384 House 20000531 Concurred in Senate amendment, enrolled for ratification Senate 20000530 Read third time, returned to House with amendment Senate 20000525 Amended, read second time Senate 20000524 Committee report: Favorable with 11 SJ amendment Senate 20000309 Introduced, read first time, 11 SJ referred to Committee House 20000308 Read third time, sent to Senate House 20000307 Amended, read second time ------ 20000302 Scrivener's error corrected House 20000301 Committee report: Favorable with 25 HJ amendment House 19990217 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on March 1, 2000 - Word format Revised on March 2, 2000 - Word format Revised on March 7, 2000 - Word format Revised on May 24, 2000 - Word format Revised on May 25, 2000 - Word format
(A321, R384, H3553)
AN ACT TO AMEND SECTION 20-7-8305, AS AMENDED, 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 BOARD MAY CHOOSE INSTEAD TO CONDUCT ITS REVIEWS LESS FREQUENTLY, BUT AT LEAST ANNUALLY.
Be it enacted by the General Assembly of the State of South Carolina:
Revise parole review of violent juvenile offender to annual review
SECTION 1. Section 20-7-8305(A) of the 1976 Code, as amended by Act 135 of 1997, is further amended to read:
"(A)(1) 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 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 persons conditionally and prescribe conditions for release into aftercare.
(2)(a) It is the right of a juvenile who has not committed a violent offense, as defined by Section 16-1-60, 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.
(b) The parole board, in its discretion, may waive the quarterly review of juveniles committed to the department for the commission of a violent crime, as defined in Section 16-1-60, until the juvenile reaches the minimum parole guidelines the board establishes for the juvenile. At that point, the board, in its discretion, is authorized to schedule its first review of the juvenile from three months up to twelve months after the juvenile reaches the minimum parole guidelines established by the board. The scheduling of subsequent reviews is in the discretion of the board but must occur within three to twelve months of the juvenile's last appearance.
(3) In order to allow reviews and 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. The parole board or panel may conduct parole hearings by means of a two-way, closed circuit television system."
SECTION 2. This act takes effect upon approval by the Governor and applies to juveniles adjudicated for the commission of a violent offense on or after the effective date of this act.
Ratified the 31st day of May, 2000.
Approved the 6th day of June, 2000.
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