South Carolina General Assembly
116th Session, 2005-2006

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Bill 1286


Indicates Matter Stricken
Indicates New Matter


(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

A BILL

TO AMEND THE CODE OF LAWS OF SOUTH CAROLINA, 1976, BY ADDING SECTION 20-7-875 SO AS TO PROVIDE THAT THE COURT MAY ORDER A NONCUSTODIAL PARENT WHO IS UNEMPLOYED OR UNDEREMPLOYED TO PARTICIPATE IN AN EMPLOYMENT TRAINING PROGRAM OR PUBLIC SERVICE EMPLOYMENT, TO PROVIDED THAT UPON FAILURE OF THE PARENT TO COMPLY WITH SUCH AN ORDER, THE COURT MAY ISSUE A WARRANT FOR THE PARENT'S ARREST; AND TO PROVIDE THAT COURT ADMINISTRATION SHALL APPROVE THE ELIGIBILITY CRITERIA, ACCOUNTABILITY, AND IMPLEMENTATION PROGRAM OF SUCH A PROGRAM.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Subarticle 3, Article 9, Chapter 7, Title 20 of the 1976 Code is amended by adding:

"Section 20-7-875.    In addition to Section 20-7-873 and notwithstanding any other provision of law, a court or administrative order for child support, or an order for contempt for nonpayment of child support, may direct a noncustodial parent who is unemployed or underemployed to participate in an alternative to incarceration program administered by a private nonprofit organization that provides employment services. Upon failure of a noncustodial parent to comply with an order of contempt that directed the noncustodial parent to participate in the alternative to incarceration program, the family court, upon receiving an affidavit of noncompliance from the organization, immediately may issue a bench warrant for the arrest of the noncustodial parent. The Office of Court Administration shall approve the eligibility criteria, accountability, and implementation plan of any private nonprofit organization that serves as an alternative to incarceration program pursuant to this section."

SECTION    2.    This act takes effect upon approval by the Governor.

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