Current Status Introducing Body:Senate Bill Number:63 Primary Sponsor:Patterson Type of Legislation:GB Subject:Juvenile to be tried same as adult Residing Body:Senate Computer Document Number:DKA/4020AL.93 Introduced Date:19930112 Last History Body:Senate Last History Date:19940302 Last History Type:Committee Report: majority favorable, with amendment, minority unfavorable Scope of Legislation:Statewide All Sponsors:Patterson Type of Legislation:General Bill
Bill Body Date Action Description CMN Leg Involved
____ ______ ____________ ______________________________ ___ ____________
63 Senate 19940302 Committee Report: majority 11
favorable, with amendment,
minority unfavorable
63 Senate 19930112 Introduced, read first time, 11
referred to Committee
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Indicates Matter Stricken
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COMMITTEE REPORT
March 2, 1994
S. 63
S. Printed 3/2/94--S.
Read the first time January 12, 1993.
To whom was referred a Bill (S. 63), to amend Section 20-7-430, as amended, Code of Laws of South Carolina, 1976, relating to the jurisdiction of courts over a juvenile, etc., respectfully
That they have duly and carefully considered the same, and recommend that the same do pass with amendment:
Amend the bill, as and if amended, by striking all after the enacting words and inserting therein the following:
/SECTION 1. Section 20-7-390 of the 1976 Code is amended to read:
"Section 20-7-390. When used in this article, unless the context otherwise requires, `child' means a person less than seventeen years of age, where the child is dealt with as a juvenile delinquent. `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. Where the child is dealt with as a dependent or neglected child the term `child' shall mean a person under eighteen years of age."
SECTION 2. Section 20-7-430 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:
"Section 20-7-430. Jurisdiction over a case involving a juvenile may child shall be transferred or retained in the following instances as follows:
(1) If, during the pendency of a criminal or quasi-criminal charge against any minor a child in a circuit court of this State, it shall be is ascertained that the minor child was under the age of seventeen years at the time of committing the alleged offense, it shall be is the duty of such the circuit court forthwith immediately to transfer the case, together with all the papers, documents, and testimony connected therewith with it, to the family court of competent jurisdiction, except in those cases where the Constitution gives to the circuit court exclusive jurisdiction or in those cases where jurisdiction has properly been transferred to the circuit court by the family court under the provisions of this section. The court making such the transfer shall order the minor child to be taken forthwith immediately to the place of detention designed by the court or to that court itself, or shall release such minor the child to the custody of some suitable person to be brought before the court at a time designated. The court shall then shall proceed as provided in this article. Notwithstanding any other provision of law, the The provisions of this section shall be are applicable to all existing offenses embraced therein, irrespective of whether such offenses may be directed solely at children coming within the scope of this article and shall likewise be applicable and to such offenses as shall be created in the future unless the General Assembly shall specifically directs otherwise direct.
(2) Whenever a person child is brought before a magistrate or city recorder and, in the opinion of the magistrate or city recorder, the person child should be brought to the family court of competent jurisdiction under the provisions of this section, the magistrate or city recorder shall thereupon transfer such the case to the family court and direct that the persons child involved be taken thereto there.
(3) When an action is brought in any county court or circuit court which, in the opinion of the judge thereof, falls within the jurisdiction of the family court, he may transfer the action thereto upon his own motion or the motion of any party.
(4) If a child sixteen years of age or older is charged with an offense which, if committed by an adult, would be a misdemeanor, or a Class E or F felony as defined in Section 16-1-20, or a felony which provides for a maximum term of imprisonment of ten years or less, if committed by an adult and if the court, after full investigation, deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offense if committed by an adult.
(5) If a child fourteen or fifteen years of age who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual conduct or robbery and is currently charged with a third or subsequent such offense an offense which, if committed by an adult, would be 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, the court, may after full investigation and hearing, if it deems may determine it contrary to the best interest of such the child or of the public to retain jurisdiction,. The court, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offenses if committed by an adult.
(6) Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder or criminal sexual conduct, the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. If the request is denied, the petitioner may appeal within five days to the circuit court. Upon the hearing of the appeal, the judge of the circuit court is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he shall issue an order to that effect, and then the family court has no further jurisdiction in the matter.
(7) Once the family court relinquishes its jurisdiction over the child and the child is bound over to be treated as an adult, the provisions of Section 20-7-780 dealing with the confidentiality of identity and fingerprints will not be applicable.
(8) When jurisdiction is relinquished by the family court in favor of another court, the court shall have full authority and power to grant bail, hold a preliminary hearing and any other powers as now provided by law for magistrates in such cases.
(9) If a child fifteen fourteen years of age or older is charged with a violation of Section 16-23-430(1), Section 16-23-20, assault and battery of a high and aggravated nature, or Section 44-53-445, the court may after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses if committed by an adult."
SECTION 3. Section 24-19-10(d) of the 1976 Code is amended to read:
"(d) `Youthful offender' means all male and female offenders an offender who are is under seventeen years of age and has been bound over for proper criminal proceedings to the court of general sessions pursuant to Section 20-7-430, who is sixteen years of age and has been 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, or who is seventeen but less than twenty-five years of age at the time of conviction."
SECTION 4. This act takes effect upon approval by the Governor./.
Amend title to conform.
Majority favorable. Minority unfavorable.
TY COURTNEY MAGGIE W. GLOVER
For Majority. For Minority.
1. Estimated Cost to State-First Year$See below
2. Estimated Cost to State-Annually
Thereafter$See below
Senate Bill 63 amends Section 20-7-430, of the South Carolina Code of Laws, 1976, relating to the jurisdiction of courts over a juvenile, so as to require that a juvenile fourteen years of age or older who commits a crime that would be a felony if committed by an adult, must be tried as an adult in the Court of General Sessions. Relating to the confidentiality of fingerprint records of a juvenile, this bill provides that juveniles detained for offenses that would be a crime if committed by an adult must be photographed and fingerprinted and the records may be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or other law enforcement agencies. Further, a juvenile adjudicated delinquent for committing a felony, may be sentenced based on standards used for an adult and must be held in a maximum security facility for juveniles until he reaches eighteen years of age.
PROJECTIONS FOR IMPACT FOR THIS LEGISLATION ON THE DEPARTMENT OF JUVENILE JUSTICE IS AS FOLLOWS:
An assumption has to be made that juveniles now institutionalized under Family Court commitment orders are similar in number to juveniles who would receive a prison sentence in adult court.
In FY 1992-93, Department of Juvenile Justice's institutions received approximately 350 admissions of fourteen, fifteen, and sixteen year olds charged with felony crimes. Currently, these 350 admissions stay an average of 351 days.
The average daily cost for keeping a juvenile at the Department of Juvenile Justice is $85.
No. of Offenders 350
No. Daysx 351
No. of commitment days122,850
Average daily costx $85
Allocated Costs$10,442,250
If this legislation is enacted, this group of juveniles would increase to an average of 415 days with the number of commitment days totalling 145,250.
No. of Offenders 350
No. of Daysx 415
No. of commitment days145,250
Average daily costx $85
Allocated Costs12,346,250
$12,346,250 - $10,442,250 = $1,904,000 Additional Operating Costs
This is an increase of $1.9 million in operating cost to the Department of Juvenile Justice.
Note: Average cost is used on this analysis.
THE DEPARTMENT OF CORRECTIONS' PROJECTED IMPACT WOULD BE AS FOLLOWS:
Juveniles, who are institutionalized for felony crimes, will move to the adult correctional system at some point after becoming age eligible under current age seventeen. These adults would be incarcerated in medium-maximum facilities.
Average daily cost for keeping an adult at the Department of Corrections in medium-maximum facilities is $36.
No. of Offenders 350
No. Daysx 365
No. of commitment days127,750
Average daily costx $36
Operating Costs$4.6 million.
This is an increase of $4.6 million in operating cost to the South Carolina Department of Corrections.
Additional capital cost of $13.7 million would be required for construction of 350 additional beds based on per bed cost at $39,000.
Note:
*Average cost is used in this analysis.
*Capi al cos are based on FY 1994 dollars.
*Per bed cost of $39,000 is the average of $38,000 for minimum-medium facility and $40,000 for medium-maximum facility.
In summary, it is estimated that 350 offenders would be involved if this legislation is approved. The Department of Juvenile Justice's impact in additional operating costs is estimated at $1.9 million. The Department of Corrections' impact in additional operating costs is estimated at $4.6 million and $13.7 million in additional capital costs.
Prepared By: Approved By:
James W. Trexler George N. Dorn, Jr.
State Budget Analyst State Budget Division
TO AMEND SECTION 20-7-430, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE JURISDICTION OF COURTS OVER A JUVENILE, SO AS TO REQUIRE THAT A JUVENILE FOURTEEN YEARS OF AGE OR OLDER WHO COMMITS A CRIME THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT MUST BE TRIED AS AN ADULT IN THE COURT OF GENERAL SESSIONS; TO AMEND SECTION 20-7-780, AS AMENDED, RELATING TO THE CONFIDENTIALITY OF FINGERPRINT RECORDS OF A JUVENILE, SO AS TO PROVIDE THAT JUVENILES DETAINED FOR OFFENSES THAT WOULD BE A CRIME IF COMMITTED BY AN ADULT MUST BE PHOTOGRAPHED AND FINGERPRINTED AND THE RECORDS MAY BE TRANSMITTED TO THE STATE LAW ENFORCEMENT DIVISION, THE FEDERAL BUREAU OF INVESTIGATION, OR OTHER LAW ENFORCEMENT AGENCIES; AND TO AMEND SECTION 20-7-2170, RELATING TO COMMITMENT OF A JUVENILE, SO AS TO PROVIDE THAT A JUVENILE ADJUDICATED DELINQUENT FOR COMMITTING A FELONY MAY BE SENTENCED BASED ON STANDARDS USED FOR AN ADULT, AND MUST BE HELD IN A MAXIMUM SECURITY FACILITY FOR JUVENILES UNTIL HE REACHES EIGHTEEN YEARS OF AGE.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Items (4) and (5) of Section 20-7-430 are amended to read:
"(4) If a child sixteen years of age or older is charged with an offense which would be a misdemeanor or felony if committed by an adult and if the court, after full investigation, deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, the court may, in its discretion, acting as committing magistrate, bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offense if committed by an adult.
(5) If a child fourteen or fifteen years of age who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual conduct or robbery and is currently charged with a third or subsequent such offense, the court may after full investigation and hearing, if it deems it contrary to the best interest of such child or of the public to retain jurisdiction, or older is charged with an offense which would be a felony if committed by an adult or housebreaking or robbery, the court, acting as committing magistrate, shall bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such offenses the offense if committed by an adult."
SECTION 2. Section 20-7-780(C), as last amended by Act 418 of 1990, is further amended to read:
"(C) A juvenile charged with committing a violent an offense as defined in Section 16-1-60, or charged with committing grand larceny of a motor vehicle, may that would be crime if committed by an adult must be fingerprinted by the law enforcement agency who takes the juvenile into custody. A juvenile charged with committing a nonviolent or status offense must not be fingerprinted by law enforcement except upon order of a family court judge. The fingerprint records of a juvenile must be kept separate from the fingerprint records of adults. The fingerprint records of a juvenile must not be transmitted to the files of the State Law Enforcement Division or to the Federal Bureau of Investigation or otherwise distributed or provided to another law enforcement agency unless when the juvenile is adjudicated delinquent for having committed a violent an offense, as defined in Section 16-1-60, or for grand larceny of a motor vehicle that is a felony or misdemeanor. The fingerprint records of a juvenile who is not adjudicated delinquent, for having committed a violent offense, as defined in Section 16-1-60, or for grand larceny of a motor vehicle upon notification to law enforcement, must be destroyed or otherwise expunged by the law enforcement agency who took the juvenile into custody. The Department of Youth Services may fingerprint and photograph a juvenile upon commitment to a juvenile correctional institution. Fingerprints and photographs taken by the Department of Youth Services remain confidential and must not may be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for, the purpose of among other things, aiding the department in apprehending an escapee from the department or assisting the Missing Persons Information Center in the location or identification of a missing or runaway child."
SECTION 3. Section 20-7-2170 of the 1976 Code is amended by adding at the end:
"A juvenile between the ages of fourteen and seventeen adjudicated delinquent for committing a violent crime as defined in Section 16-1-60 or a violation involving controlled substances or illegal drugs must be sentenced by the Family Court pursuant to guidelines established for adults and must be incarcerated in a maximum security facility for juveniles under the control of the Board of Youth Services. The Family Court may commit the juvenile for a minimum period of time during which the board may not release the juvenile."
SECTION 4. This act takes effect upon approval by the Governor.