Committee Report

February 25, 2026

 

H. 5121

 

Introduced by Reps. Cox, Garvin, Holman, T. Moore, Sessions, Wetmore, C. Mitchell and Yow

 

S. Printed 2/25/26--H.

Read the first time February 5, 2026

 

________

 

The committee on House Judiciary

To whom was referred a Bill (H. 5121) to amend the South Carolina Code of Laws by adding Article 25 to Chapter 19, Title 63 so as to establish a community juvenile crime prevention program by which public, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass:

 

W. NEWTON for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill requires DJJ to adopt policies, procedures, and promulgate regulations for the purpose of developing and administering a voluntary certification for community juvenile crime prevention programs.  The programs may be operated by public or private nonprofit entities.  DJJ must publish on its website a registry of all certified programs.  While it is acceptable for a community juvenile crime prevention program to operate without certification from DJJ, it is unlawful for any owner, staff, or operator of an uncertified program to advertise or otherwise represent that the program is certified.  Persons who violate this provision are subject to a civil penalty of not less than $100 nor more than $500 per occurrence.

 

Judicial.  This bill may increase the number of local court cases.  While these are locally funded courts, Judicial offers administrative support for these courts.  Judicial anticipates being able to manage any increase in workload using existing appropriations.  However, if this bill results in an unexpected, significant increase in the caseload, and thereby, Judicial's administrative support, Judicial will request additional General Fund appropriations.

 

Department of Juvenile Justice.  This bill will require DJJ to either hire 2.0 FTEs, program managers, or contract with a private vendor who has experience in working with nonprofits.  If DJJ opts to hire the 2.0 FTEs to administer the certification program, it would need at least $270,000 in recurring funds for personnel costs and may also need an undetermined amount of non-recurring funds for startup costs.  If DJJ opts to hire an outside contractor to manage the certification program, recurring expenditures are estimated to be $300,000 annually beginning in FY 2026-27.  DJJ further indicates that the agency has 2.0 vacant FTEs but will need to request a General Fund appropriation increase to cover the funding for the FTEs or for the contract expenses.

 

State Revenue

This bill may result in a change in the fines and fees collected in court.  Court fines and fees are distributed to the General Fund, Other Funds, and local funds.  Therefore, RFA anticipates this bill may result in a change to the General Fund and Other Funds revenue due to the change in fines and fees collections in court.

 

Local Expenditure

This bill imposes a civil penalty of not less than $100 nor more than $500 for the unlawful representation of an uncertified community juvenile crime prevention program as being certified. This bill may increase local expenses due to the potential increase in the caseload in the local court system. The amount of the expenses will depend upon the increase in the number of cases heard in the local court system.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

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A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING ARTICLE 25 TO CHAPTER 19, TITLE 63 SO AS TO ESTABLISH A COMMUNITY JUVENILE CRIME PREVENTION PROGRAM BY WHICH PUBLIC OR PRIVATE NONPROFIT ENTITIES MAY BE CERTIFIED BY THE DEPARTMENT OF JUVENILE JUSTICE TO PROVIDE CERTAIN SERVICES AND ACTIVITIES INTENDED TO PREVENT JUVENILE CRIME AND DELINQUENCY, TO PROVIDE FOR THE CERTIFICATION OF COMMUNITY JUVENILE CRIME PREVENTION PROGRAMS BY THE DEPARTMENT, TO ESTABLISH A CIVIL PENALTY FOR THE UNLAWFUL REPRESENTATION OF AN UNCERTIFIED PROGRAM AS CERTIFIED, AND TO PROVIDE THAT THE DEPARTMENT SHALL PROMULGATE NECESSARY REGULATIONS TO EFFECTUATE THE PROVISIONS OF THIS ARTICLE.

 

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

 

SECTION 1.  Chapter 19, Title 63 of the S.C. Code is amended by adding:

 

Article 25

 

Community Juvenile Crime Prevention Programs

 

    Section 63-19-2500.  The General Assembly finds that children and adolescents who are at risk of engaging in criminal or delinquent behavior have a higher likelihood of achieving long-term success and lawful, productive lives when they are connected to community-based prevention and intervention services that meet objective, evidence-informed quality standards. The General Assembly further finds that this State and its political subdivisions have a legitimate and compelling interest in protecting these youth and their families, who represent a vulnerable population in need of safe, constructive, and developmentally appropriate supports. The intention of the General Assembly is to prevent juvenile crime and delinquency by encouraging the development and use of high-quality community programs for at-risk youth through the creation of a voluntary certification program for such programs that meet the standards established pursuant to this article.

 

    Section 63-19-2510.  For purposes of this article, "community juvenile crime prevention program" or "program" means a locally based, nonresidential initiative operated by a public or private nonprofit entity, being lawfully organized and in good standing with the State of South Carolina, that provides structured services and activities to children and adolescents for the primary purposes of preventing juvenile crime and delinquency, and encouraging juvenile justice reform.

 

    Section 63-19-2520.  (A) The department shall adopt policies, procedures, and promulgate regulations for the purpose of developing and administering a voluntary certification for community juvenile crime prevention programs. The department is authorized to suspend or revoke the certification of a program if the department determines, in its sole discretion, that the program has not followed the requirements of this article.

    (B) The department shall establish certification requirements consistent with nationally recognized quality standards.

    (C) The department may provide different classifications or categories of programs.

    (D) Standards for all classifications or categories must include, at minimum, the following:

       (1) documentation showing organization and good standing in the State of South Carolina;

       (2) evidence of compliance with all Internal Revenue Service filings and public disclosure requirements;

       (3) a mission statement explaining how the program addresses:

           (a) target youth who are at risk of involvement, or further involvement, in the juvenile or criminal justice system; and

           (b) identified risk and protective factors through evidence-informed strategies such as mentoring, education, family support, prosocial skill building, employment, or recreational opportunities;

       (4) a statement of in-place comprehensive child protection and abuse prevention policies, including mandatory reporting procedures consistent with state law and response protocols, including state and federal sex offender registry-related screening and disclosure requirements; and

       (5) any additional information or documentation deemed necessary for certification by the department.

    (E) The department shall publish a registry of the names of all certified community juvenile crime prevention programs on its website.

 

    Section 63-19-2530.  Nothing in this article prohibits a program that has not received certification from operating or advertising as a community juvenile crime prevention program.

 

    Section 63-19-2540.  It is unlawful for any owner, staff, or operator of a community juvenile crime prevention program that is not certified pursuant to this article to advertise or otherwise represent that such program is certified pursuant to this article. An owner or operator of a program who violates this section is subject to a civil penalty of not less than one hundred dollars nor more than five hundred dollars per occurrence.

 

    Section 63-19-2550.  The department shall promulgate regulations to effectuate the provisions of this article.

 

SECTION 2.  This act takes effect one hundred eighty days after approval by the Governor.

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