Current Status Introducing Body:
SenateBill Number: 656Ratification Number: 210Act Number: 173Primary Sponsor: Committee (03)Type of Legislation: GBSubject: Juvenile detention servicesDate Bill Passed both Bodies: 19930603Computer Document Number: DKA/4531AL.93Governor's Action: SDate of Governor's Action: 19930616Introduced Date: 19930407Date of Last Amendment: 19930602Last History Body: ------Last History Date: 19930616Last History Type: Act No. 173Scope of Legislation: StatewideSponsor Committee: Corrections and PenologySponsor Committee Number: 03Type of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ---- ------ ------------ ------------------------------ --- ------------ 656 ------ 19930616 Act No. 173 656 ------ 19930616 Signed by Governor 656 ------ 19930610 Ratified R 210 656 Senate 19930603 Concurred in House amendment, enrolled for ratification 656 House 19930603 Read third time, returned to Senate with amendment 656 House 19930602 Amended, read second time 656 House 19930601 Recalled from Committee 27 656 House 19930504 Introduced, read first time, 27 referred to Committee 656 Senate 19930429 Amended, read third time, sent to House 656 Senate 19930408 Read second time 656 Senate 19930407 Introduced, read first time, placed on Calendar without referenceView additional legislative information at the LPITS web site.
(A173, R210, S656)
AN ACT TO AMEND SECTION 20-7-3230, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO JUVENILE DETENTION SERVICES FOR JUVENILES, SO AS TO ADD THAT EACH SECURE FACILITY SHALL HAVE SUFFICIENT PERSONNEL TO PROVIDE TWENTY-FOUR HOUR SUPERVISION AND TO ADD ADMINISTRATIVE PROGRAM AND SUPPORT REQUIREMENTS; TO ADD THAT A COUNTY WHICH PROVIDES TEMPORARY HOLDOVER FACILITIES FOR JUVENILES MUST MEET CERTAIN REQUIREMENTS; AND AMEND THE SECTION TO PROVIDE THAT JUVENILE DETENTION FACILITIES MAY BE PROVIDED BY A COUNTY OR COUNTIES WHICH HAVE ENTERED INTO A REGIONAL INTERGOVERNMENTAL AGREEMENT TO PROVIDE SECURE FACILITIES FOR PREADJUDICATORY JUVENILES WHICH MEET THE STANDARDS OF DESIGN, CONSTRUCTION, AND OPERATION OF THE AMERICAN CORRECTIONAL ASSOCIATION, THAT IN FACILITIES OPERATED BY THE DEPARTMENT OF YOUTH SERVICES THE COST FOR EACH CHILD COMMITTED BY A COUNTY MUST BE BASED ON THE AVERAGE OPERATING COST AMONG ALL PREADJUDICATORY STATE FACILITIES, THAT THE DEPARTMENT OF YOUTH SERVICES MUST ASSUME ONE-THIRD OF THE PER DIEM COSTS AND THE COMMITTING COUNTY SHALL ASSUME TWO-THIRDS OF THE COSTS, AND THAT TRANSPORTATION OF THE JUVENILE TO AND FROM THE FACILITY IS THE RESPONSIBILITY OF THE COUNTY AND TRANSPORTATION OF THE JUVENILE BETWEEN DEPARTMENT FACILITIES IS THE RESPONSIBILITY OF THE DEPARTMENT.
Be it enacted by the General Assembly of the State of South Carolina:
Personnel and standards for juvenile detention facilities
SECTION 1. Section 20-7-3230(A) of the 1976 Code, as last amended by Act 571 of 1990, is further amended by adding:
"(5) Each secure facility which detains preadjudicatory youth longer than twenty-four hours, excluding weekends and state holidays, regardless of ownership or management, must have sufficient personnel to provide uninterrupted supervision and to provide administrative, program, and support requirements. Each of these facilities must have a minimum of two juvenile custodial officers on duty each shift, fully dressed, awake, and alert to operate the facility. At least one person shall directly supervise the juveniles at all times. At least one female juvenile custodial officer must be present and available to the female detention population at all times. Staff on duty must be sufficient to provide for a juvenile-staff ratio of no more than a maximum of eight juveniles to each custody staff person, excluding administrative, program, and other support staff. Staff shall prepare further a facility schedule of preplanned, structured, and productive activities. Schedules must be developed which include designated times for sleeping, dining, education, counseling, recreation, visitation, and personal time. Daily schedules should minimize idleness and promote constructive use of the juvenile's day.
(6) A county or regional subdivision may provide temporary holdover facilities for juveniles only if the facilities comply with this section and with all standards created under the provisions of Section 24-9-20, which must be monitored and enforced by the Jail and Prison Inspection Division of the South Carolina Department of Corrections pursuant to its authority under Sections 24-9-20 and 24-9-30. The standards shall provide for the regulation of temporary holdover facilities with regard to adequate square footage, juvenile accommodations, access to bathroom facilities, lighting, ventilation, distinctions between secure and nonsecure temporary holdover facilities, staffing qualifications, and additional requirements as may be specified. These facilities may hold juveniles during the period between initial custody and the initial detention hearing before a family court judge for a period up to twenty-four hours, excluding weekends and state holidays."
Design standards and staffing requirements revised
SECTION 2. Section 20-7-3230(A)(4) of the 1976 Code, as last amended by Act 571 of 1990, is further amended to read:
"(4) providing juvenile detention services for juveniles charged with having committed a criminal offense who are found, after a detention screening or detention hearing, to require detention or placement outside the home pending an adjudication of delinquency or dispositional hearing. Detention services provided by the department for the benefit of the counties of this State must include secure juvenile detention centers. The size and capacity of the juvenile detention facilities needed shall be determined by the department after its consideration and review of American Correctional Association standards for the design, construction, and operation of juvenile detention facilities. These recognized national standards must be met or exceeded by the department in determining the size and capacity of the juvenile detention centers and in planning for the construction and operation of the facilities. The department shall determine and announce the anticipated maximum operational capacity of each facility and shall contact each county governmental body in this State for the purpose of determining which counties anticipate utilizing these facilities upon each facility becoming operational. The department shall inform each county governmental body of the existing state and federal laws regarding the confinement of juveniles charged with committing criminal offenses, of each county's ability to develop its own facility or to contract with other counties for the development of a regional facility, and of the availability of the department's facilities. This notice must be provided to each county for the purpose of determining which county governmental bodies desire to enter into an intergovernmental agreement with the department for the detention of juveniles from their particular county who are charged with committing a criminal offense for which pretrial detention is both authorized and appropriate. No later than September 1, 1993, the department shall report to the Budget and Control Board on the strategy of each county to comply with Sections 20-7-600 and 20-7-605. The department must include with its report a plan for the construction and the operation of those facilities which are projected to be necessary for the preadjudicatory detention of juveniles in this State. No later than September first of each subsequent year, the department shall report to the board on the status of all preadjudicatory juvenile detention facilities known to be operational or planned, regardless of ownership or management. The board then will coordinate with all responsible and affected agencies and entities to ensure that adequate funding is identified to prevent the detention or incarceration of juveniles in adult jails anywhere within the State of South Carolina. Upon completion of each facility and upon the determination by the Jail and Prison Inspection Division of the Department of Corrections that each facility is staffed in accordance with relevant standards and can be operated in accordance with these standards, the division shall determine and announce the rated capacity of each facility. A facility operated by the Department of Youth Services for the preadjudicatory detention of juveniles must be maintained and continued in operation for that purpose until approved for conversion or closure by the Budget and Control Board. However, a county which decides to maintain its own approved facilities or which has entered into a regional intergovernmental agreement, which has provided secure facilities for preadjudicatory juveniles, and which meets the standards set forth above, may continue to operate these facilities. County and regionally operated facilities are subject to inspection by the Jail and Prison Inspection Division of the Department of Corrections for compliance with the standards set forth above and those created pursuant to Section 24-9-20. The division has the same enforcement authority over county and regionally operated secure juvenile detention facilities as that which is provided in Section 24-9-30. A juvenile ordered detained in a facility must be screened within twenty-four hours by a social worker or, if considered appropriate, by a psychologist, in order to determine whether the juvenile is emotionally disturbed, mentally ill, or otherwise in need of services. The services must be provided immediately. In Department of Youth Services operated facilities, the department shall determine an amount of per diem for each child detained in a center, which must be paid by the committing county. The per diem paid by the county must be based on the average operating cost among all preadjudicatory state facilities. The Department of Youth Services must assume one-third of the per diem cost and the committing county must assume two-thirds of the cost. Per diem funds received by the department must be placed in a separate account by the department for operation of all preadjudicatory state facilities. Transportation of the juvenile to and from a facility is the responsibility of the local law enforcement agency which takes the juvenile into custody. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department."
SECTION 3. This act takes effect upon approval by the Governor.
Approved the 16th day of June, 1993.