Bill 326

                    Current Status

Bill Number:               326
Ratification Number:       175
Act Number                 124
Introducing Body:          Senate
Subject:                   Youth Services Act

(A124, R175, S326)

AN ACT TO AMEND ARTICLE 13, CHAPTER 7, TITLE 20, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ADMINISTRATIVE PROVISIONS OF CHILDREN'S SERVICE AGENCIES, BY ADDING SUBARTICLE 13 SO AS TO ENACT THE YOUTH SERVICES ACT OF 1981, TO CONSOLIDATE THE DEPARTMENT OF PLACEMENT AND AFTERCARE AND THE STATE BOARD OF JUVENILE PLACEMENT AND AFTERCARE WITH THE DEPARTMENT OF YOUTH SERVICES AND THE STATE BOARD OF YOUTH SERVICES AND PROVIDE FOR THE POWERS AND DUTIES OF THE CONSOLIDATED DEPARTMENTS AND BOARDS, CREATE THE BOARD OF JUVENILE PAROLE AND PROVIDE FOR ITS POWERS AND DUTIES AND FURTHER PROVIDE FOR COMMITMENT OF JUVENILES TO THE CUSTODY OF THE CONSOLIDATED BOARD AND ALTERNATIVES TO SUCH COMMITMENT; AND TO PROVIDE PROCEDURES FOR THE TRANSITION OF POWERS AND DUTIES RESULTING FROM SUCH CONSOLIDATION.

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

Findings

SECTION 1. The General Assembly finds that the provision of state-supported services to youth who enter the juvenile justice system is performed by two state agencies, the Department of Juvenile Placement and Aftercare and the Department of Youth Services. It further finds that this concurrent role of each agency has led to several problems including:

(1) Disruption in the continuum of services for children.

(2) Confusion by the public as to which agency performs various services for the same types of children.

(3) Different sets of policy direction from the two agencies.

(4) Lack of coordination of the community-based programs of the two agencies.

(5) Duplication of administrative and management structures.

(6) Duplication of record keeping, information systems, research, planning, staff development and other support functions.

(7) The two agencies have been forced to compete for similar funds.

In addition to organizational issues, the General Assembly finds that several other problem areas exist which need immediate attention including:

(1) The placement of children in jail, many of whom are referred for minor offenses or offenses which would not be a crime if committed by an adult, such as truancy, running away and incorrigibility.

(2) A high counselor-client caseload for probation and aftercare services.

(3) The need for effective statewide coverage of a range of community-based support services for the family court which provides insufficient services in rural areas.

(4) The need for a variety of alternatives to jail at the local level.

(5) The need for a unified and consistent system for pretrial secure detention for juveniles who cannot effectively placed in alternative programs.

(6) The need for a variety of community-based alternatives to institutions.

(7) The need for effective programs for prevention.

(8) The need for a family oriented treatment program to focus on the child and family which emphasizes a greater role of the parent.

(9) The need for a defined statewide policy to provide prevention services to clarify state and local roles and responsibilities.

(10) The need for a program for stimulating the private sector to work jointly with the State in the development and utilization of employment opportunities for youth.

(11) The need for an effective program for providing volunteer services to juveniles and families to augment services provided in community and institutional programs.

The General Assembly therefore finds that there should be a single agency providing a variety of programs for juveniles who might enter the juvenile justice system and that the new agency should be named the Department of Youth Services. It is the purpose of this act to provide for the consolidation of the duties and responsibilities of the existing Departments of Youth Services and Juvenile Placement and Aftercare into a new agency entitled the Department of Youth Services and to call for the development of a plan to address the problems noted above through the development of a variety of community-based alternative programs. In addition, the General Assembly finds that secure detention of juveniles in adult jails is inappropriate and calls for a plan to be developed by the Department of Youth Services for the provision of detention services for juveniles.

The General Assembly recognizes that included among the primary concerns of the juvenile justice system are the protection of the interest of society, the responsibilities of the child to society, treatment and rehabilitation of the child, the protection of the rights of the child, and the prevention of delinquency. The juvenile justice agency should utilize an approach which envisions a variety of support services to help the child mature, develop and recognize his responsibilities to himself, to his family and to society. Attention should be given to strengthen the family unit and to maximize the use of the least intrusive alternative toward that goal where possible.

Youth Services Act of 1981

SECTION 2. Article 13, Chapter 7 of Title 20 of the 1976 Code, added by an act of 1981 bearing ratification number 110, is amended by adding:

"Subarticle 13

Part 1

The Youth Services Act of 1981

Section 20-7-3100. There is hereby created the South Carolina Department of Youth Services, hereinafter referred to as the Department, and the Board of Youth Services, hereinafter referred to as the Board, as the governing body thereof.

Section 20-7-3110. Except as otherwise provided in this sub-article, all references to the Department of Juvenile Placement and Aftercare shall mean the Department of Youth Services and all references to the Board of Juvenile Placement and Aftercare shall be changed to read the Board of Youth Services. Except as otherwise provided in this sub-article, all such references to the director of the Department of Youth Services or to the Director of the Department of Juvenile Placement and Aftercare shall mean the Commissioner of the Department of Youth Services.

Section 20-7-3120. The Board shall be composed of one member from each congressional district appointed by the Governor with the advice and consent of the Senate. In addition, the State Superintendent of Education shall serve ex officio as a voting member of the Board and the supervising chaplain of the Department shall serve ex officio as a nonvoting member of the Board; provided, however, that the Superintendent may designate an appropriate member of his staff to represent him as a voting member when he is unable to attend meetings. If a vacancy occurs on the Board when the Senate is not in session, the Governor may appoint a member to fill the vacancy and such appointee shall be a de facto member until the Senate acts upon the appointment.

Terms of office for the members of the Board shall be for five years and until their successors are appointed and qualify; provided, however, that of the initial appointments, the Governor shall designate one of such members whose appointment shall be for one year, one for a term of two years, two for a term of three years, one for a term of four years, and one for a term of five years. Thereafter, appointments shall be made by the Governor in the manner above provided for terms of five years, such terms to expire on June thirtieth of the appropriate year. Members serving on the Board of Juvenile Placement and Aftercare and the Board of Youth Services prior to the consolidation of the two boards shall be eligible for appointment to the Board as constituted in this section.

No member shall be reappointed to the Board until two years after the expiration of a full five-year term. In addition to the above members of the Board, the Governor with the advice and consent of the Senate shall also appoint one at-large member of the Board to serve for a term to expire July 1, 1982, at which time the size of the Board shall revert back to the size above provided in this section.

Notwithstanding any other provision of law, the members of the Board of Juvenile Placement and Aftercare and the Board of Youth Services may serve in a dual capacity as a board member of the newly created Board of Youth Services until October 1, 1981, with board memberships being construed to be a single office because of the departmental merger.

Section 20-7-3130. If any member of the Board shall be guilty of misconduct, persistent neglect of duty, malfeasance, misfeasance, or nonfeasance in office, or has not the capacity to properly discharge his duties, he shall be subject to removal by the Governor upon any of the foregoing causes being made to appear to the satisfaction of the Governor. Before removing any such member of the Board, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity, upon reasonable notice, to be heard.

Section 20-7-3140. The members of the Board shall be reimbursed for actual expenses incurred in attending Board meetings and shall receive as compensation the same per diem as provided by law for state boards, committees and commissions.

Section 20-7-3150. The Board shall elect from its members a chairman, who shall serve for one year and who shall not succeed himself as chairman. The Board may elect a vice-chairman and secretary and shall fix the time and place of meetings. Rules and procedures for Board meetings shall be adopted as deemed advisable by the Board.

The Board shall meet at least monthly and four members of the Board shall constitute a quorum for the transaction of business.

Section 20-7-3160. The Board shall employ a Commissioner of Youth Services who shall possess qualifications necessary to manage the affairs of the Department. The Board shall have the power to remove the Commissioner for inefficiency, improper conduct or for other good cause. Before removing the Commissioner, the Board shall inform him in writing of the specific charges brought against him and give him an opportunity, upon reasonable notice, to be heard.

Section 20-7-3170. The Board shall be vested with the exclusive responsibility for policy of the Department to carry out the responsibilities, duties and privileges provided for in this chapter. The Board shall manage the Department through the Commissioner, who shall carry out the policies of the Board. The Board shall delegate to the Commissioner, subject to its supervision, authority to manage the affairs of the Department.

Section 20-7-3180. The Board shall require the Commissioner to execute a good and sufficient bond payable to the State in the sum of fifty thousand dollars, conditioned for the faithful performance of the duties of his office and the accurate accounting for all monies and property coming into his hands. The Board may require other officers, employees and agents of the Department to execute a good and sufficient bond in such sum as it may determine, payable to the State upon like conditions. Such bonds shall be executed by a surety company authorized to do business under the laws of this State, and the premium on any such bond shall be paid by the State out of the Department's appropriations.

Section 20-7-3190. The Board may enter into agreements with the governing bodies of other state departments or institutions for the purpose of effecting a more efficient and economical management of any institutions or programs under its supervision. The Board is authorized to make contracts and expend public funds as required to carry out the functions prescribed for it in this subarticle within the limits of appropriated funds.

An annual report of the Department shall be prepared by the Board which shall include an account of all funds received and expended, persons served by the Department including a report of the state and conditions of the correctional institutions and community programs operated by the Department.

Section 20-7-3200. The Commissioner shall serve as chief executive officer of the Department. The Commissioner may appoint and employ such officers and employees as are authorized by the Board and necessary to perform the duties and responsibilities of the Department and shall ensure that the Department's organizational structure differentiates between separate divisions, the community-based services and institutional services of the Department.

Section 20-7-3210. The Department shall provide such community services as the Board shall assign to it which shall include, but not be limited to, the following:

(a) Family Court intake screening and referral counseling.

(b) Serving, advising and counseling children placed on probation by the Family Court.

(c) Serving, advising and counseling of children in the various institutions as may be necessary to the placement of the children in proper environment after release and the placement of children in suitable jobs where necessary and proper.

(d) Supervising and guiding of children released or conditionally released from institutions.

(e) Counseling children released or conditionally released by the Parole Board.

(f) Coordinating the activities of supporting community agencies which aid in the social adjustment of children released by the Parole Board.

(g) Providing or arranging for necessary services leading to the rehabilitation of delinquents either within the Department or through cooperative arrangements with other appropriate agencies.

(h) Providing counseling and supervision for any child under twelve years of age who has been adjudicated delinquent, convicted of a crime or has entered a plea of guilty or nolo contendere, when other suitable personnel is not available and upon request of the court concerned.

(i) Providing detention screening services when a child is taken into custody for violation of a law or ordinance as provided in subsections (a) and (b) of Section 20-7-600.

(j) Providing prevention services to include short and long range planning, establishing statewide priorities and standards, development of public awareness programs, and technical assistance to local government in the development of prevention programs.

(k) Providing for the development of secure and nonsecure alternatives to jail.

(l) Providing for a variety of community-based programs to augment regular probation services, such as volunteer services, restitution, community work programs, family counseling and contract probation with specific sanctions for various types of behavior.

(m) Providing for a variety of community-based programs to serve as alternatives to institutions, such as halfway houses, work release, intensive probation, restitution, forestry and wilderness camps, marine science programs, and other residential and nonresidential programs.

(n) Providing for programs to divert juveniles, where proper and appropriate, from the Juvenile Justice System.

Section 20-7-3220. The role and function of intake is to independently assess the circumstances and needs of children referred for possible prosecution in the Family Court. As provided in Section 20-7-630 all recommendations by the Department as to intake shall be reviewed by the office of the solicitor in the circuit concerned and the final determination as to whether or not the juvenile shall be prosecuted in the Family Court shall be made by the solicitor or by his authorized assistant. Statements of the juvenile contained in the Department's files shall not be furnished to the solicitor's office as part of the intake review procedure nor shall the solicitor's office be privy to such statements in connection with its intake review. Where circumstances do not warrant prosecution in the discretion of the solicitor, the intake counselor shall offer referral assistance for services as appropriate for the child and family. In the event that a juvenile is adjudicated to be delinquent or found by the Family Court to be in violation of the terms of his probation, the intake counselor shall offer appropriate dispositional recommendations to the Family Court for its consideration and determination of the disposition of the case. The Department's policies and procedures for the provision of intake services shall be reviewed by and subject to the approval of the Board of Juvenile Parole.

Section 20-7-3230. The Department shall provide such institutional services the Board shall assign to it which shall include, but not be limited to, the following:

(a) Providing correctional institutional services for juveniles committed under the provisions of Part 3 of this subarticle.

(b) Managing, operating and supervising Birchwood, Willow Lane, John G. Richards and other such facilities as the Board may establish.

(c) The establishment and maintenance of a Reception and Evaluation Center at which all persons referred or committed to its custody by any court or agency shall be received, examined and evaluated prior to assignment to one of its institutions or before other disposition or recommendation is made concerning such persons. Such evaluation shall include but not be limited to:

(1) A complete social, physical, psychological and mental examination.

(2) An investigation and consideration of family and community environment and other facts in the background of the person concerned that might relate to his delinquency.

(3) A determination of the correctional or custodial care that would be most appropriate. The Department shall create such facilities and employ such personnel as will enable the Center to conduct the necessary physical, mental and psychological examinations required by this section.

The center shall be designated 'The William J. Goldsmith Reception and Evaluation Center'.

Section 20-7-3240. The Department of Youth Services is designated as a special school district which shall operate a continuous progress education program on a twelve-month basis. There is created within the Department the Education Division which shall provide academic and vocational training at the Reception and Evaluation Center, Birchwood High School, Willow Lane Junior High School and all other institutions operating under the Department. Academic and vocational training provided pursuant to this section shall meet all educational standards prescribed by law and by the Department of Education for public schools of the State including, but not limited to, compliance with and operation under the provisions of the Education Finance Act, the Defined Minimum Program, teacher and superintendent certification laws and regulations, and other laws or regulations governing the education of children. The Department may prescribe such additional requirements as it may from time to time deem necessary.

The State Superintendent of Education shall administer the standards related to the school programs. Reports from the Department of Education evaluating the educational program at all juvenile corrections institutions and indicating whether or not the program meets the standards as prescribed, shall be made directly to the Board at regularly scheduled meetings. Such Department of Education supervisory personnel as deemed appropriate shall be utilized for evaluating the programs and for reporting to the Board.

Schools operated by the Board shall receive funds from the Department of Education under the same provisions as other public schools in the State.

The Board shall operate as the Board of Trustees for schools under its jurisdiction for all administrative purposes, including the receipt and expenditure of funds appropriated or granted to the schools for any purpose. The Commissioner with the advice and consent of the Board shall employ a full-time superintendent of schools for the special school district. The superintendent shall hold a valid superintendent's certificate from the Department of Education and shall serve as the head of the Education Division.

In lieu of classification by the Division of State Personnel, the employment status of the superintendent of schools for the Department and all instructional personnel operating under the Education Division of the Department shall be governed by the laws of the State regarding employment of instructional personnel and regulations of the Department of Education.

Section 20-7-3250. The Commissioner with the advice and consent of the Board shall appoint a supervising chaplain for the Department who shall be responsible for the spiritual welfare and guidance of children in the custody of the Board. Subject to the approval of the Commissioner, the supervising chaplain shall employ chaplains for the institutional facilities operated by the Department who shall provide religious and spiritual counsel and guidance for the staff and children in those institutions. The duties of the supervising chaplain and the chaplains assigned to the various schools shall be prescribed by the Commissioner and shall include, but not be limited to, conducting religious services at the various institutions, representing and advocating within the institutions the needs of the juveniles, and insuring that each child has the opportunity for freedom of religious expression and development, including the observance of sectarian religious rites which are appropriate to his religious background or avowed convictions, either in or outside the institutions to which these children have been committed.

Section 20-7-3250. The Department may grant furloughs, not to exceed thirty days, under prescribed conditions to children domiciled in its custody unaccompanied by a custodial agent. Failure by the child to return from such a furlough as directed shall be deemed an escape.

Section 20-7-3270. The Board is authorized to charge and collect fees for evaluation and treatment services provided for any person referred or temporarily committed to its facilities either at the evaluation center in Columbia or any center or other facility of the Department. Fees may be charged to a parent or guardian or to the public or private agency responsible for the temporary commitment or referral. In cases where insurance coverage is available, fees of treatment or evaluation may be charged to the insurer. No fees shall be charged to any person who is finally committed to a custodial facility of the Department and no person shall be denied treatment or evaluation services because of inability to pay for such services.

The Board shall approve a schedule of maximum charges for the various services of the Department, including residential care, and shall review the schedule from time to time. The Board shall adopt procedures to determine ability to pay and may authorize its designees to reduce or waive charges based upon their findings.

No charge for services rendered by the Department may exceed the actual cost of such services at the facility rendering such services.

The Department shall establish a hearing and review procedure so that parents or legal guardians of a person under the Department's jurisdiction may appeal charges made for services or may present to the departmental officials information or evidence which, in their opinion, needs to be considered in establishing charges.

The Department may utilize all legal procedures to collect lawful claims. All funds collected pursuant to this section shall be deposited with the State Treasurer for use of the Department in defraying the cost of services for which such fees may be collected.

Section 20-7-3280. The Board is authorized to sell mature trees, other timber and farm products and commodities from lands owned by the Department. Prior to the sale of timber, the Board shall consult with the State Forester to determine the economic feasibility of and obtain approval for such sales. Funds derived from such sales shall be credited to the account of the Department to be used for capital improvements subject to the approval of the Budget and Control Board.

Section 20-7-3290. The Department is authorized to print or purchase for resale bumper stickers and other such informational material prepared to publicize and educate the public concerning activities of the Department. All such material shall have 'South Carolina' inscribed thereon. After the costs of any such materials have been recovered, all proceeds from the sale of such materials shall be deposited in the student welfare fund of the Department and used for the purposes prescribed for that fund.

Section 20-7-3300. Records and information of the Department pertaining to juveniles shall be confidential as provided in Section 20-7-830; provided, however, that where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the Department, the Board shall establish policies by which the Department may transmit such information and records to another department, agency or school district of state or local government, or private institution or facility licensed by the State as a child serving organization, where such is required for admission or enrollment of the juvenile into a program of services, treatment, training or education.

Section 20-7-3310. No person shall be committed to an institution under the control of the Board who is seriously handicapped by mental illness or retardation. If, after a person is referred to the Reception and Evaluation Center, it shall be determined that he is mentally ill, as defined in Section 44-23-10, or mentally retarded to an extent that he could not be properly cared for in its custody, the Board may institute necessary legal action to accomplish the transfer of such person to such other state institution as in its judgment is best qualified to care for him in accordance with the laws of this State. Such legal actions shall be brought in the resident county of the subject person. The Board shall establish standards with regard to the physical and mental health of persons which it can accept for commitment.

Section 20-7-3320. Any child committed to an institution under the provisions of this subarticle may be transferred by the Department to any of the institutions, facilities, or vocational training centers under its jurisdiction.

Section 20-7-3330. The Department may accept gifts, donations or contributions and may receive devises and bequests. Such acquisitions shall be used for the purposes specified by the donors.

Section 20-7-3340. It shall be the duty of other state agencies providing financial assistance and other children's services related to the purposes of this chapter to cooperate with the Department in carrying out its responsibilities to children and their families. Nothing in this subarticle shall be construed to relieve any state or local unit of government of any preexisting legal obligation to provide such payments, services or facilities.

Part 2

Juvenile Parole Board

Section 20-7-3350. There is hereby created the Board of Juvenile Parole, hereinafter referred to as the Parole Board. The Parole Board shall be composed of ten members appointed by the Governor with the advice and consent of the Senate. Of these members, one shall be appointed from each of the six Congressional Districts and four members shall be appointed from the State at large. If a vacancy occurs on the Parole Board when the Senate is not in session, the Governor may appoint a member to fill the vacancy and such appointee shall be a de facto member until the Senate acts upon the appointment.

Terms of office for the members of the Parole Board shall be for four years and until their successors are appointed and qualify; provided, however, that of the initial appointments, the Governor shall designate two of such members whose appointments shall be for one year, two for a term of two years, three for a term of three years, and three for a term of four years. Thereafter, appointments shall be made by the Governor in the manner provided for above for terms of four years, such terms to expire on June thirtieth of the appropriate year. Members with prior service on the Board of Juvenile Placement and Aftercare and the Board of Youth Services are eligible for appointment to the Parole Board.

No member shall be reappointed to the Parole Board until two years after the expiration of a full four-year term.

Section 20-7-3360. If any member of the Parole Board shall be guilty of misconduct, persistent neglect of duty, malfeasance, misfeasance, or nonfeasance in office, or does not have the capacity to properly discharge his duties, he shall be subject to removal by the Governor upon any of the foregoing causes being made to appear to the satisfaction of the Governor. Before removing any such member of the Parole Board, the Governor shall inform him in writing of the specific charges brought against him and give him an opportunity, upon reasonable notice, to be heard.

Section 20-7-3370. The members of the Parole Board shall be reimbursed for actual expenses incurred in attending Parole Board meetings and shall receive as compensation the same per diem as provided by law for state boards, committees and commissions, state boards, committees and commissions.

Section 20-7-3380. The Parole Board shall elect from its members a chairman, who shall serve for one year and who may not succeed himself as chairman. The Parole Board may elect a vice-chairman and secretary and shall fix the time and place of meetings. Rules and procedures for Parole Board meetings shall be adopted as deemed advisable by the Parole Board. Parole Board.

Six members of the Parole Board shall constitute a quorum for the transaction of business.

Section 20-7-3390. The Parole Board shall meet monthly, and at other times as may he necessary, to review the records and progress of children committed to the custody of the Board or Department of Youth Services for the purpose of deciding the release or revocation of release of such children. The Parole Board shall make periodic inspections, at least quarterly, of the records of persons committed to the custody of the Board of Youth Services and may, in its discretion, issue temporary and final disclosures or release such persons conditionally and prescribed conditions for such release into aftercare. It shall be the right of any such juvenile to personally appear before the Parole Board every three months for the purpose of parole consideration. In older to allow such 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 such panels shall be periodically rotated on a random basis by the chairman. At the meetings of the panels, any unanimous vote shall be considered the final decision of the Parole Board. Any panel vote that is not unanimous shall not be considered as a final decision of the Parole Board and the matter shall be referred to the full Parole Board, which shall determine the matter by a majority vote of its membership.

In the determination of the type of discharges or conditional releases granted, the Parole Board shall consider the interests of the person involved and the interests of society and shall employ the services of and consult with the personnel of the Reception and Evaluation Center. The Parole Board may from time to time modify the conditions of discharges or conditional releases previously granted.

The Parole Board shall develop written guidelines for the consideration of juveniles' releases on parole. Such guidelines shall be given to juveniles upon commitment and periodically reviewed with each juvenile to assess the progress made toward achieving release on parole.

Section 20-7-3400. The Parole Board shall permit legal representation of any juvenile who appears before it for the purpose of parole or parole revocation. The Department shall allocate funds to contract with a public defender corporation, or similar type legal program, for legal assistance for the purpose of appearing before the Parole Board for any juvenile who desires such service, but who cannot either personally or through his family, afford such assistance.

Section 20-7-3410. The Department shall be charged with the responsibility of making aftercare investigations to determine suitable placement for children considered for conditional release from the correctional schools. The Department shall also have the responsibility of supervising the aftercare program, making revocation investigations and submitting findings to the Parole Board.

The Commissioner and such staff as he shall designate in the performance of their duties of investigation, counseling and supervision, and revocation investigations, shall be regarded as official representatives of the Parole Board.

The Commissioner and counselors shall be subject to the rules and regulations for parole and parole revocation promulgated by the Parole Board and shall meet with the Parole Board at its meetings when requested. Community-based counselors, or their supervisors, with assigned clients committed to institutions of the Department shall periodically visit the institutions in order to counsel their clients and accomplish such duties as outlined in this Part 2.

Employees of the Department that serve as counselors for the purpose of presenting juvenile progress reports and release recommendations to the Parole Board and the immediate supervisor of these employees shall be employed by the Commissioner with the advice and consent of the Parole Board. The service of these employees in such capacity shall continue at the pleasure of the Parole Board.

Section 20-7-3420. Any juvenile, who shall have been conditionally released from a correctional school, shall remain under the authority of the Parole Board until the expiration of the specified term imposed in his conditional aftercare release. The specified period of conditional release may expire before but not after the eighteenth birthday of the juvenile. Each juvenile conditionally released shall be subject to the conditions and restrictions of his release and may at any time on the order of the Parole Board be returned to the custody of a correctional institution for violation of aftercare rules or conditions of release.

Section 20-7-3430. At any time during the period of conditional release, an aftercare counselor or his supervisor may issue or cause to be issued a warrant for the juvenile to be taken into custody for violating any of the conditions of his release. Any police officer or other officer with power to arrest may, upon request of an aftercare counselor, take such juvenile into custody. The arresting officer shall obtain a warrant signed by the aftercare counselor setting forth that the juvenile, in his judgment, violated the conditions of his release which shall be authority for the detention of the juvenile in an appropriate place of detention. If an aftercare release revocation is necessary, the aftercare counselor shall submit in writing a thorough report to the Parole Board, showing in what manner the delinquent child has violated his conditional release. Any child returned to the custody of a correctional school by aftercare revocation shall have a hearing or review of his case by the Parole Board. The Parole Board shall be the final authority to determine whether or not the child failed to abide by the aftercare rules and conditions of release.

Section 20-7-3440. The order of revocation of a conditional release may be issued and made effective after the period of aftercare supervision prescribed in such release has expired when the violations of the conditions or release occurred during the aftercare supervision period.

Part 3

Commitment of Juveniles

Section 20-7-3450. A child after his twelfth birthday and before his seventeenth birthday, or while under the jurisdiction of the Family Court for disposition of an offense that occurred prior to his seventeenth birthday, may be committed to the custody of the Board of Youth Services only by order of a circuit or family court judge under procedures and subject to the conditions set forth in this Part. Children under the age of twelve years may be committed only to the custody of the Board, which shall arrange for placement in a suitable corrective environment other than institutional confinement. No child under the age of seventeen years shall be committed or sentenced to any other penal or correctional institution of this State.

When a child is adjudicated delinquent, convicted of a crime or has entered a plea of guilty or nolo contendere in a court authorized to commit to the custody of the Board of Youth Services, such child may be committed for an indeterminate period until he has reached his twenty-first birthday or until sooner released by the Board of Juvenile Parole under its discretional powers.

Any sentence which includes commitment to the custody of the Board of Youth Services for a crime which, when committed by an adult, would carry a maximum sentence of thirty years or more, shall include a further provision that the Board of Juvenile Parole may transfer such child to the Board of Youth Services, which may then transfer such child to the Department of Corrections for confinement for a period, including time served in its custody, not to exceed thirty years. Such transfer shall be within the discretion of the Board of Youth Services or the Board of Juvenile Parole as may be appropriate. The court, before committing a child as a delinquent or as a part of a sentence, shall first temporarily commit such child to the Reception and Evaluation Center of the Board of Youth Services for a period not to exceed forty-five days for evaluation, and the Board shall make a recommendation to the court prior to final commitment; provided, however, that the committing judge may waive such temporary commitment in cases where the child concerned has within the past year been evaluated by the Center and such evaluation is available to the court. All commitments to the custody of the Board of Youth Services for delinquency as opposed to the conviction of a specific crime shall be made only for the reasons and in the manner prescribed in Sections 20-7-400, 20-7-410, 20-7-430, 20-7-460, 20-7-600, 20-7-620, 20-7-740, 20-7-750, 20-7-760, 20-7-770, 20-7-780, 20-7-1330, 20-7-1340 and 20-7-1520, with evaluations made and proceedings conducted only by the judges authorized to order commitments in this section. When a child is committed to the custody of the Board under such proceedings, commitment shall be for an indeterminate sentence, not extending beyond the twenty-first birthday of the child unless sooner released by the Board.

Any juvenile who has not been paroled or otherwise released from the custody of the Board by his nineteenth birthday, shall be transferred to the custody and authority of the Youthful Offender Division of the Department of Corrections. If not sooner released by the Department of Corrections, the juvenile shall be released by his twenty-first birthday according to the provisions of his commitment; provided however, that notwithstanding the above provision, any juvenile committed as an adult offender by order of the Court of General Sessions shall be considered for parole or other release according to the laws pertaining to release of adult offenders.

Section 20-7-3460. Any child committed under the terms of this subarticle shall be conveyed by the sheriff, deputy sheriff or persons appointed by the sheriff of the county in which such child resides, to the custody of the Board, and the expense of such conveyance and delivery shall be borne by such county. The committing judge may, at his discretion, order that such child be transferred to the custody of the Board without the attendance of an officer or in such manner as may be advisable.

Section 20-7-3470. From the time of lawful reception of any child by the Board of Youth Services and during his stay in custody in a correctional institution operated by the Department, he shall be under the exclusive care, custody and control of the Board. All expenses shall be borne by the State.

Section 20-7-3480. Any commitment under this Part 3 shall be full and sufficient authority to the Board and to officers and agents thereof for the detention and keeping therein of any child until he arrives at the age of twenty-one years, unless sooner dismissed therefrom by order of the Parole Board, transferred to the Department of Corrections, or released therefrom by order of a judge of the Supreme Court or the circuit court of this State, rendered at chambers or otherwise, in a proceeding in the nature of an application for a writ of habeas corpus.

Section 20-7-3490. From the time of the lawful reception of any child into custody by the Board, and during the period of such custody, the Boards shall provide for, either solely or in cooperating with other agencies, the care, custody and control of such child, as well as make available instruction in such branches of useful knowledge as may be suited to his years and capacity that will enable such child to learn a useful trade.

Section 20-7-3500. The Board of Youth Services, when authorized by an order of any circuit judge, shall, after notice to the Department of Corrections, transfer temporarily to the custody of the Youthful Offender Division any child who has been committed to the custody of the Board who is more than seventeen years of age and whose presence in such custody appears to be seriously detrimental to the welfare of others in such custody. The Commissioner of the Department of Corrections, on behalf of the State Board of Corrections, shall receive such children as may be transferred thereto as herein provided and properly care for them. Each child thus transferred to the Youthful Offender Division shall be held therein, subject to all the rules and discipline of the Division. Children transferred to the Youthful Offender Division pursuant to this section shall be under the authority of the Division and subject to release according to the division's policies and procedures.

The Youthful Offender Division shall at least quarterly make recommendations to the Parole Board concerning possible release of each child so transferred or his return to institutions of the Board.

Section 20-7-3510. It shall be unlawful for any person: (1) To cause, aid, encourage or influence any child who is a ward of the Board of Youth Services (a) to enter or remain in a house of prostitution, a house or lodging place used for immoral purposes or gambling place, (b) to violate any law of this State or ordinance of any city, (c) to indulge in vicious or immoral conduct or (d) to violate his conditional release or run away from the supervision of the Department of Youth Services.

(2) To harbor any child who has escaped from such authorities or who is running away from their supervision. Any person who violates the provisions of this section shall be deemed guilty of a misdemeanor and shall, upon conviction, be punished by a fine of not exceeding five hundred dollars or imprisonment for a period not exceeding six months or both.

Section 20-7-3520. A child who is guilty of a violation of law or other misconduct which would not be a criminal offense if committed by an adult or violates the conditions of probation for such an offense shall not be committed to the custody of a correctional institution operated by the Department of Youth Services except for commitment for an indeterminate period not to exceed forty-five days for the purpose of evaluation, in accordance with the provisions of Section 20-7-2170.

Section 20-7-3530. Children ten years of age and younger shall not be incarcerated in any jail or detention facility for any reason. Children eleven or twelve years of age who are taken into custody for a violation of law which would be a criminal offense under the laws of this State if committed by an adult or violate conditions of probation for such an offense shall be incarcerated in a jail or detention facility only by order of the Family Court."

Department reconstituted

SECTION 3. The Department of Youth Services as reconstituted in this act shall assume, in addition to the responsibilities provided for in this act, as of October 1, 1981, control of and responsibility for the duties and services which have been granted by law to the Department of Juvenile Placement and Aftercare in Chapter 7 of Title 20 of the 1976 Code prior to the effective date of this act. All records, property, personnel, unexpended appropriations and appropriations for fiscal year 1981-82 relating to the operations and services provided by the Department of Youth Services and the Department of Juvenile Placement and Aftercare shall as of October 1, 1981, be transferred to the Department. In order to provide for the orderly transition of responsibilities to the Board and Department of Youth Services pursuant to the provisions of Section 2 of this act, those provisions providing for the appointment of members to the Board and the employment of the Commissioner shall be effective immediately upon approval of this act by the Governor. Upon appointment of the Board and employment of the Commissioner, they shall have the duty and appropriate authority to prepare for the implementation of the remaining provisions of this act. The Department of Juvenile Placement and Aftercare an the Department of Youth Services shall provide such assistance as is requested in the preparation of appropriate policies and a revised budget for presentation to the General Assembly in the 1981-82 appropriations bill.

Department to work jointly with Governor's Office

SECTION 4. The Department of Youth Services as reconstituted by this act shall work jointly with the Office of the Governor to develop a plan, financial analysis and timetable for the implementation of the following:

(1) Providing services for the prevention of juvenile delinquency to include short and long range plans for prevention programs, development of awareness programs to inform the public of services available to juveniles, establishing state standards for prevention programs and community-based residential and nonresidential programs for juveniles, providing technical assistance for the development of prevention and community-based programs to serve as alternatives to institutional commitment and the monitoring and evaluation of such programs. The plan shall identify possible contracts with community agencies who comply with the state standards for the operation of such programs. The plan shall indicate the prevention and community-based program needs and resources on a county by county basis and project the financial costs to the State for same.

(2) Providing for the development of secure and nonsecure facilities for placement of juveniles as an alternative to placement in adult jails as part of a continuing strategy for the removal of children from adult jails by January 1, 1986.

(3) Providing for the development of community programs for juveniles that could be utilized by the circuit or family court judge as alternatives to commitment to institutions and for a variety of programs in addition to probation such as community work programs, restitution, family counseling and contract probation with specific sanctions for various types of behavior. This plan shall also include all identification of those juveniles in institutions who can more appropriately be handled in community-based programs and project what financial resources can be shifted from institutional programs to community-based programs. The plan should assess whether a portion of the diagnostic and evaluation functions performed at the Goldsmith Reception and Evaluation Center could be performed in the community without removing the child from his environment. It should describe the types and number of community-based programs which should be implemented by the Department prior to July 1, 1985.

(4) This plan shall be submitted to the Governor and the General Assembly on or before July 1, 1982.

Time effective

SECTION 5. This act shall take effect upon approval by the Governor.