Current Status Introducing Body:House Bill Number:4571 Primary Sponsor:Davenport Committee Number:25 Type of Legislation:GB Subject:Family court,jail for failure to pay child support Residing Body:House Current Committee:Judiciary Computer Document Number:CYY/15554AC.94 Introduced Date:19940119 Last History Body:House Last History Date:19940119 Last History Type:Introduced, read first time, referred to Committee Scope of Legislation:Statewide All Sponsors:Davenport Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
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4571 House 19940119 Introduced, read first time, 25
referred to Committee
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TO AMEND SECTION 20-7-420, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO FAMILY COURT JURISDICTION, SO AS TO AUTHORIZE THE FAMILY COURT TO COMMIT A PERSON TO JAIL FOR FAILURE TO PAY CHILD SUPPORT AND TO SENTENCE THEM TO A PRE-RELEASE CENTER OR TO SUSPEND THE SENTENCE AND ORDER PROBATION, INCLUDING DAY PLACEMENT AT A RESTITUTION CENTER; TO AMEND SECTION 24-21-480, AS AMENDED, RELATING TO THE RESTITUTION CENTER PROGRAM IN THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES, SO AS TO INCLUDE PLACEMENT IN THE CENTER OF PERSONS IN CONTEMPT OF COURT FOR NONPAYMENT OF CHILD SUPPORT, TO PROVIDE A DAY PLACEMENT FEE OF FIVE DOLLARS A DAY; AND TO PROVIDE THAT PLACEMENT IN A RESTITUTION CENTER FOR FAILURE TO PAY CHILD SUPPORT IS SUBJECT TO FUNDING APPROPRIATED TO THE DEPARTMENT FOR EXPANSION OF THIS PROGRAM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-420 of the 1976 Code is amended by adding an appropriately numbered item to read:
"( ) to commit a person to jail for failure to obey an order of the court to pay child support and commit the person to a pre-release center or release the person on probation before the expiration of the full sentence or in lieu of committing the person to jail suspend the sentence and place the person on probation; and to provide for the conditions of probation including, but not limited to, placement in a restitution center, including day placement, under the jurisdiction of the Department of Probation, Parole and Pardon Services, and in home detention; to revoke suspension of sentence and probation where circumstances warrant; and to discharge a respondent from probation."
SECTION 2. Section 24-21-480 of the 1976 Code, as last amended by Act 134 of 1991, is further amended to read:
"Section 24-21-480. The judge may suspend a sentence for a defendant convicted of a nonviolent offense, as defined in Section 16-1-70, for which imprisonment of more than ninety days may be imposed, may suspend a sentence for contempt for failure to obey a court order to pay child support, or as a revocation of probation, and may place the offender in a restitution center as a condition of probation, and in the case of probation resulting from failure to pay child support may place the person in a restitution center, including residential and day placement. The board may place a prisoner in a restitution center as a condition of parole. The department, on the first day of each month, shall present to the general sessions court and to the family court a report detailing the availability of bed space and day placement space in the restitution center program. The restitution center is a program under the jurisdiction of the department. The offender must have paid employment and/or be required to perform public service employment up to a total of fifty hours per week.
The offender must deliver his salary to the restitution center staff who must distribute it in the following manner:
(1) restitution to the victim or payment to the account established pursuant to the Victims of Crime Act of 1984, Public Law 98-473, Title II, Chapter XIV, Section 1404, as ordered by the court;
(2) payment of child support or alimony or other sums as ordered by a court;
(3) payment of any fines or court fees due;
(4) payment of six dollars and fifty cents per day for housing and food. This payment is in lieu of supervision fees while in the restitution center. This fee must be deposited by the department with the State Treasurer for credit to the same account as funds collected under Sections 14-1-210 through 14-1-230;
(5) payment of any costs incurred while in the restitution center including a day placement fee of five dollars a day;
(6) if available, fifteen dollars per week for personal items.
The remainder must be deposited and given to the offender upon his discharge.
The offender must be in the restitution center for not more than six months, nor less than three months; provided, however. However, for those offenders placed in the restitution center program there is no minimum period for placement in the program and in those cases where the maximum term is less than one year the offender must be in the restitution center for not more than ninety days nor less than forty-five days.
Upon release from the restitution center, the offender must be placed on probation for a term as ordered by the court.
Failure to comply with program requirements may result in a request to the court to revoke the suspended sentence.
No person must be made ineligible for this program by reason of gender."
SECTION 3. Placement pursuant to Sections 20-7-420 and 24-21-480 of the 1976 Code, as contained in Sections 1 and 2 of this act, in a restitution center of the Department of Probation, Parole and Pardon Services, including residential and day placement, by the Family Court for a person's failure to pay child support is subject to the department receiving adequate funding to expand its restitution program to meet the responsibilities of this act.
SECTION 4. This act takes effect upon approval by the Governor.