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Current Status Bill Number:View additional legislative information at the LPITS web site.4003 Ratification Number:458 Act Number:388 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19990427 Primary Sponsor:Allen All Sponsors:Allen, Martin, Knotts, Rhoad, Simrill, J. Smith, Allison, Altman, Bailey, Bales, Barrett, Battle, Carnell, Clyburn, Cooper, Davenport, Emory, Gamble, Gilham, Gourdine, Harrison, Hayes, M. Hines, Hinson, Inabinett, Keegan, Kelley, Kirsh, Law, Lee, Lloyd, Littlejohn, Lourie, Maddox, Mason, McCraw, McGee, McKay, W. McLeod, Meacham-Richardson, Miller, Ott, Phillips, Pinckney, Rodgers, Rutherford, Sandifer, R. Smith, Stille, Stuart, Taylor, Townsend, Walker, Webb, Whatley, Whipper, Wilder, Witherspoon, Young-Brickell, Robinson Drafted Document Number:l:\council\bills\psd\7396ac99.doc Date Bill Passed both Bodies:20000620 Date of Last Amendment:20000620 Governor's Action:S Date of Governor's Action:20000721 Subject:Juvenile criminal records; Courts, Crimes, Juvenile Justice, Minors, Law Enforcement; Prisons, Jail Information System History Body Date Action Description Com Leg Involved ______ ________ ______________________________________ _______ ____________ ------ 20000731 Act No. A388 ------ 20000721 Signed by Governor ------ 20000622 Ratified R458 Senate 20000620 Ordered enrolled for ratification Senate 20000620 Conference Committee Report adopted 88 SCC House 20000620 Conference Committee Report adopted 98 HCC Senate 20000531 Conference powers granted, 88 SCC Hutto appointed Senators to Committee Bryan of Conference Waldrep House 20000531 Conference powers granted, 98 HCC Allen appointed Reps. to Committee of Jennings Conference Knotts House 20000531 Insists upon amendment Senate 20000531 Non-concurrence in House amendment House 20000531 Senate amendments amended, returned to Senate with amendment ------ 20000526 Scrivener's error corrected Senate 20000526 Read third time, returned to House with amendment Senate 20000525 Amended, read second time, unanimous consent for third reading on Friday, 20000526 ------ 20000525 Scrivener's error corrected Senate 20000524 Committee report: Favorable with 11 SJ amendment Senate 20000502 Introduced, read first time, 11 SJ referred to Committee House 20000428 Read third time, sent to Senate House 20000427 Read second time, unanimous consent for third reading on Friday, 20000428 House 20000427 Request for debate withdrawn by Representative Davenport House 20000427 Request for debate by Representative Cooper Loftis House 20000427 Amended House 20000427 Request for debate withdrawn by Representative Trotter Meacham- Richardson House 20000427 Request for debate withdrawn by Representative Kennedy House 20000426 Request for debate by Representative Fleming Trotter Cato Meacham- Richardson Davenport Kennedy ------ 20000426 Scrivener's error corrected House 20000426 Co-Sponsor added (Rule 5.2) by Rep. Robinson House 20000419 Committee report: Favorable with 25 HJ amendment House 19990427 Introduced, read first time, 25 HJ referred to Committee Versions of This Bill Revised on April 19, 2000 - Word format Revised on April 26, 2000 - Word format Revised on April 27, 2000 - Word format Revised on May 24, 2000 - Word format Revised on May 25, 2000 - Word format Revised on May 25, 2000-A - Word format Revised on May 26, 2000 - Word format Revised on May 31, 2000 - Word format Revised on June 20, 2000 - Word format
(A388, R458, H4003)
AN ACT TO AMEND SECTION 20-7-6605, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO DEFINITIONS IN THE JUVENILE JUSTICE CODE, SO AS TO DEFINE "CRIMINAL JUSTICE PURPOSE"; TO AMEND SECTION 20-7-7205, RELATING TO TAKING A JUVENILE INTO CUSTODY FOR VIOLATING A CRIMINAL LAW, SO AS TO REVISE A TERM AND CLARIFY A CROSS REFERENCE; TO AMEND SECTION 20-7-8505, AS AMENDED, AND SECTIONS 20-7-8510 AND 20-7-8515, ALL RELATING TO THE CONFIDENTIALITY AND DISCLOSURE OF JUVENILE RECORDS AND SECTION 20-7-8520, AS AMENDED, RELATING TO THE DESTRUCTION OF JUVENILE RECORDS, ALL SO AS TO REORGANIZE PROVISIONS RELATING TO SUCH RECORDS AND, AMONG OTHER THINGS, TO REVISE AGENCIES AMONG WHICH INFORMATION MAY BE PROVIDED, TO AUTHORIZE THE DIRECTOR OF THE DEPARTMENT OF JUVENILE JUSTICE TO ENTER INTO INTERAGENCY AGREEMENTS FOR THE PURPOSE OF SHARING INFORMATION, TO REQUIRE THE DEPARTMENT TO PROVIDE RECORDS AND RECOMMENDATIONS PRODUCED BY DISPOSITIONAL HEARINGS TO VARIOUS PARTIES UNDER CERTAIN CIRCUMSTANCES; TO REVISE AND CLARIFY THE CIRCUMSTANCES UNDER WHICH FINGERPRINTS AND PHOTOGRAPHS MAY BE TAKEN AND WHEN FINGERPRINTS AND PHOTOGRAPHS ARE REQUIRED TO BE TAKEN; TO CLARIFY THE CONDITIONS UNDER WHICH RECORDS AND OTHER INFORMATION MAY BE RELEASED, TO REQUIRE THE PROVISION OF INCIDENT REPORTS TO VICTIMS AND SCHOOL PRINCIPALS UNDER CERTAIN CIRCUMSTANCES, TO AUTHORIZE THE RELEASE OF THE NAME, IDENTITY, OR PICTURE OF A CHILD UNDER THE JURISDICTION OF THE COURT IF THE SOLICITOR HAS PETITIONED THE COURT TO WAIVE THE CHILD TO CIRCUIT COURT; TO ADD SECTION 20-7-8525 SO AS TO INCORPORATE INTO THIS SECTION THE PROVISIONS OF SECTION 20-7-8520 REGARDING THE DESTRUCTION AND EXPUNGEMENT OF JUVENILE RECORDS AND TO ADD A CONDITION UNDER WHICH RECORDS MAY NOT BE DESTROYED; AND TO ADD SECTION 24-9-50 SO AS TO REQUIRE LOCAL GOVERNMENTAL ENTITIES RESPONSIBLE FOR DETENTION FACILITIES TO REPORT DATA TO THE DEPARTMENT OF CORRECTIONS FOR THE CLASSIFICATION AND MANAGEMENT OF INMATES AND FOR THE OPERATION AND MANAGEMENT OF A STATEWIDE JAIL INFORMATION SYSTEM AND TO PROVIDE FOR THE FORM IN WHICH SUCH DATA IS TO BE REPORTED.
Be it enacted by the General Assembly of the State of South Carolina:
Definition added
SECTION 1. Section 20-7-6605 of the 1976 Code is amended to read:
"Section 20-7-6605. When used in this article and unless otherwise defined or the specific context indicates otherwise:
(1) 'Child' means a person less than seventeen years of age. 'Child' does not mean a person sixteen years of age or older who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more. However, a person sixteen years of age who is charged with a Class A, B, C, or D felony as defined in Section 16-1-20 or a felony which provides for a maximum term of imprisonment of fifteen years or more may be remanded to the family court for disposition of the charge at the discretion of the solicitor. An additional or accompanying charge associated with the charges contained in this item must be heard by the court with jurisdiction over the offenses contained in this item.
(2) 'Court' means the family court.
(3) 'Department' means the Department of Juvenile Justice.
(4) 'Guardian' means a person who legally has the care and management of a child.
(5) 'Judge' means the judge of the family court.
(6) 'Parent' means biological parent, adoptive parents, step-parent, or person with legal custody.
(7) 'Parole board' means the Board of Juvenile Parole under the Department of Juvenile Justice.
(8) 'Status offense' means an offense which would not be a misdemeanor or felony if committed by an adult including, but not limited to, incorrigibility or beyond the control of parents, truancy, running away, playing or loitering in a billiard room, playing a pinball machine, or gaining admission to a theater by false identification.
(9) 'Criminal justice purpose' means:
(a) the performance of any activity directly involving the detection, apprehension, capture from escape or elopement, detention, pretrial release, post-trial release, prosecution, adjudication, supervision, or rehabilitation of accused or adjudicated persons or criminal offenders; or
(b) the collection, storage, and dissemination of child offense history records."
Notice to principal
SECTION 2. Section 20-7-7205(C) of the 1976 Code, as added by Act 383 of 1996, is amended to read:
"(C) When a child is charged by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including a traffic or wildlife violation over which courts other than the family court have concurrent jurisdiction as provided in Section 20-7-410, the law enforcement officer also shall notify the principal of the school in which the child is enrolled, if any, of the nature of the offense. This information may be used by the principal for monitoring and supervisory purposes but otherwise must be kept confidential by the principal in the same manner required by Section 20-7-8510(E)."
Maintenance and release of court records
SECTION 3. Section 20-7-8505 of the 1976 Code is amended to read:
"Section 20-7-8505. The court shall make and keep records of all cases brought before it. The records of the court are confidential and open to inspection only by court order to persons having a legitimate interest in the records and to the extent necessary to respond to that legitimate interest. These records must always be available to the legal counsel of the child and are open to inspection without a court order where the records are necessary to defend against an action initiated by a child."
Confidentiality and release of information and records; policies for transmitting information; interagency agreements; dissemination of reports and recommendations; information to victims; finger printing and photographing juveniles
SECTION 4. Section 20-7-8510 of the 1976 Code is amended to read:
"Section 20-7-8510. (A) Except as provided herein, all information obtained and records prepared in the discharge of official duty by an employee of the court or department are confidential and must not be disclosed directly or indirectly to anyone, other than the judge, the child's attorney, or others entitled under this article or any other article to receive this information, unless otherwise ordered by the court. The court may order the records be disclosed to a person having a legitimate interest and to the extent necessary to respond to that legitimate interest. However, these records are open to inspection without a court order where the records are necessary to defend against an action initiated by a child.
(B) The director of the department must develop policies providing for the transmission of necessary and appropriate information to ensure the provision and coordination of services or assistance to a child under the custody or supervision of the department. This information must include that which is required for the admission or enrollment of a child into a program of services, treatment, training, or education. The information may be provided to another department or agency of state or local government, a school district, or a private institution or facility licensed by the State as a child-serving organization. This information may be summarized in accordance with agency policy.
(C) The director is authorized to enter into interagency agreements for purposes of sharing information about children under the supervision or in the custody of the department. The agencies entering into these agreements must maintain the confidentiality of the information.
(D) Reports and recommendations produced by the department for the court for the purpose of a dispositional hearing must be disseminated by the agency to the court, the solicitor, and the child's attorney.
(E)(1) The department must notify the principal of a school in which a child is enrolled, intends to be enrolled, or was last enrolled upon final disposition of a case in which the child is charged with any of the following offenses:
(a) a violent crime, as defined in Section 16-1-60;
(b) a crime in which a weapon, as defined in Section 59-63-370, was used;
(c) assault and battery against school personnel, as defined in Section 16-3-612;
(d) assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity; or
(e) distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44.
(2) Each school district is responsible for developing a policy for schools within the district to follow to ensure that the confidential nature of a child offense history and other information received is maintained. This policy must provide for, but is not limited to:
(a) the retention of the child offense history and other information relating to the child offense history in the child's school disciplinary file or in some other confidential location;
(b) the destruction of the child offense history upon the child's completion of secondary school or upon reaching twenty-one years of age; and
(c) limiting access to the child's school disciplinary file to school personnel. This access must only occur when necessary and appropriate to meet and adequately address the educational needs of the child.
(F) When requested, the department must provide the victim of a crime with the name of the child and the following information retained by the department concerning the child charged with the crime:
(1) other basic descriptive information including, but not limited to, a photograph;
(2) information about the juvenile justice system;
(3) the status and disposition of the delinquency action including hearing dates, times, and locations;
(4) services available to victims of child crime; and
(5) recommendations produced by the department for the court for the purpose of a dispositional hearing.
(G) The department or the South Carolina Law Enforcement Division, or both, must provide to the Attorney General, a solicitor, or a law enforcement agency, upon request, a copy of a child offense history for criminal justice purposes. This information must not be disseminated except as authorized in Section 20-7-8515. The department and the South Carolina Law Enforcement Division must maintain the child offense history of a person for the same period as for offenses committed by an adult.
(H) Other information retained by the department may be provided to the Attorney General, a solicitor, or a law enforcement agency pursuant to an ongoing criminal investigation or prosecution.
(I) The department may fingerprint and photograph a child upon the filing of a petition, release from detention, release on house arrest, or commitment to a juvenile correctional institution. Fingerprints and photographs taken by the department remain confidential and must not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of:
(1) aiding the department in apprehending an escapee from the department;
(2) assisting the Missing Persons Information Center in the location or identification of a missing or runaway child;
(3) locating and identifying a child who fails to appear in court as summoned;
(4) locating a child who is the subject of a house arrest order; or
(5) as otherwise provided in this section.
(J) Nothing in this section shall be construed to waive any statutory or common law privileges attached to the department's internal reports or to information contained in the file of a child under the supervision or custody of the department."
Confidentiality and release of law enforcement agency records; authority of law enforcement agencies to fingerprint and photograph juveniles and to release such information; destruction of records
SECTION 5. Section 20-7-8515 of the 1976 Code is amended to read:
"Section 20-7-8515. (A) Except as provided herein, law enforcement records and information identifying children pursuant to this article are confidential and may not be disclosed directly or indirectly to anyone, other than those entitled under this article to receive the information.
(B) Law enforcement records of children must be kept separate from records of adults. Information identifying a child must not be open to public inspection, but the remainder of these records are public records.
(C) Law enforcement agencies must maintain admission and release records on children held in secure custody, nonsecure custody, or both. The records must include the times and dates of admission and release from secure and nonsecure custody and, if appropriate, the times and dates of transfer from one custody status to another.
(D) Law enforcement information or records of children created pursuant to the provisions of this article may be shared among law enforcement agencies, solicitors' offices, the Attorney General, the department, the Department of Mental Health, the Department of Corrections, and the Department of Probation, Parole and Pardon Services for criminal justice purposes without a court order.
(E) Incident reports in which a child is the subject are to be provided to the victim of a crime pursuant to Section 16-3-1520. Incident reports, including information identifying a child, must be provided by law enforcement to the principal of the school in which the child is enrolled when the child has been charged with any of the following offenses:
(1) a violent crime, as defined in Section 16-1-60;
(2) an offense that would carry a maximum term of imprisonment of fifteen years or more if committed by an adult;
(3) a crime in which a weapon, as defined in Section 59-63-370, was used;
(4) assault and battery against school personnel, as defined in Section 16-3-612;
(5) assault and battery of a high and aggravated nature committed on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity; or
(6) distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44.
Incident reports involving other offenses must be provided upon request of the principal. This information must be maintained by the principal in the manner set forth in Section 20-7-8510(E) and must be forwarded with the child's permanent school records if the child transfers to another school or school district.
(F) A child charged with any offense may be photographed by the law enforcement agency that takes the child into custody. If the child is taken into secure custody and detained, the detention facility must photograph the child upon admission. These photographs may only be disseminated for criminal justice purposes or to assist the Missing Persons Information Center in the location or identification of a missing or runaway child.
(G) A child charged with an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult must be fingerprinted by the law enforcement agency that takes the child into custody. If the child is taken into secure custody and detained, the detention facility must fingerprint the child upon admission. In addition, a law enforcement agency may petition the court for an order to fingerprint a child when:
(1) the child is charged with any other offense; or
(2) the law enforcement agency has probable cause to suspect the child of committing any offense.
(H) The fingerprint records of a child must be kept separate from the fingerprint records of adults. The fingerprint records of a child must be transmitted to the files of the State Law Enforcement Division.
(I) The fingerprint records of a child may be transmitted by the State Law Enforcement Division to the files of the Federal Bureau of Investigation only when the child has been adjudicated delinquent for having committed an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult.
(J) The fingerprint records of a child adjudicated delinquent for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult must be provided by the State Law Enforcement Division or the law enforcement agency who took the child into custody to a law enforcement agency upon request by that agency for criminal justice purposes or to assist the Missing Person Information Center in the location or identification of a missing or runaway child.
(K) The fingerprints and any record created by the South Carolina Law Enforcement Division as a result of the receipt of fingerprints of a child pursuant to this section must not be disclosed for any purpose not specifically authorized by law or court order.
(L) Upon notification that a child has not been adjudicated delinquent for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult, the South Carolina Law Enforcement Division and the law enforcement agency who took the child into custody must destroy the fingerprints and all records created as a result of such information."
Conditions for the release of information to media
SECTION 6. Section 20-7-8520 of the 1976 Code is amended to read:
"Section 20-7-8520. (A) The name, identity, or picture of a child under the jurisdiction of the court, pursuant to this chapter, must not be provided to a newspaper or radio or television station unless:
(1) authorized by court order;
(2) the solicitor has petitioned the court to waive the child to circuit court;
(3) the child has been bound over to a court which would have jurisdiction of the offense if committed by an adult; or
(4) the child has been adjudicated delinquent in court for one of the following offenses:
(a) a violent crime, as defined in Section 16-1-60;
(b) grand larceny of a motor vehicle;
(c) a crime in which a weapon, as defined in Section 59-63-370, was used; or
(d) distribution or trafficking in unlawful drugs, as defined in Article 3, Chapter 53 of Title 44.
(B) When a child is bound over to the jurisdiction of the circuit court, the provisions of this section pertaining to the confidentiality of fingerprints and identity do not apply.
(C) The provisions of this section do not prohibit the distribution of information pursuant to the provisions of Article 7, Chapter 3 of Title 23."
Destruction of records
SECTION 7. Chapter 7 of Title 20 is amended by adding:
"Section 20-7-8525. (A) A person who has been taken into custody for, charged with, or adjudicated delinquent for having committed a status or a nonviolent offense may petition the court for an order destroying all official records relating to:
(1) being taken into custody;
(2) the charges filed against the child;
(3) the adjudication; and
(4) disposition.
The granting of the order is in the court's discretion. However, a person may not petition the court if he has a prior adjudication for an offense that would carry a maximum term of imprisonment of five years or more if committed by an adult. In addition, the court must not grant the order unless it finds that the person who is seeking to have the records destroyed is at least eighteen years of age, has successfully completed any dispositional sentence imposed, and has not been subsequently charged with any criminal offense.
(B) An adjudication for a violent crime, as defined in Section 16-1-60, must not be expunged.
(C) If the expungement order is granted by the court, no evidence of the records may be retained by any law enforcement agency or by any municipal, county, state agency, or department. The effect of the order is to restore the person in the contemplation of the law to the status the person occupied before being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of failing to recite or acknowledge the charge or adjudication in response to an inquiry made of the person for any purpose.
(D) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to the date the subsequent offense was committed."
Detention facility reports
SECTION 8. Chapter 9, Title 24 of the 1976 Code is amended by adding:
"Section 24-9-50. (A) Each local governmental entity responsible for a municipal, county, regional, or multijurisdictional detention facility shall report to the Department of Corrections, at the times and in the form required by the department, data and information prescribed by the department:
(1) for the classification and management of inmates who receive sentences greater than three months; and
(2) on the classification and management of inmates who are in pretrial status and inmates who receive sentences to be served locally.
(B) Data and information authorized in the Minimum Standards for Local Detention Facilities in South Carolina for the operation and management of a statewide jail information system shall be reported to the department by each local governmental entity.
(C) To the greatest extent possible, reports should be submitted through a means of electronic data transfer approved by the department. If it is not possible for a local governmental entity to submit reports through the approved means of electronic data transfer, it shall certify such to the department. The department and the respective local governmental entity shall determine a suitable alternative means for submission of reports until such time as the local governmental entity is able to electronically transfer data in the manner approved by the department."
Time effective
SECTION 9. This act takes effect upon approval by the Governor.
Ratified the 22nd day of June, 2000.
Approved the 21st day of July, 2000.
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