Current Status Introducing Body:
SenateBill Number: 905Primary Sponsor: JacksonCommittee Number: 25Type of Legislation: GBSubject: Noncriminal misconduct, children found in contemptResiding Body: HouseCurrent Committee: JudiciaryComputer Document Number: 905Introduced Date: 19940111Date of Last Amendment: 19940420Last History Body: HouseLast History Date: 19940426Last History Type: Introduced, read first time, referred to CommitteeScope of Legislation: StatewideAll Sponsors: Jackson WashingtonType of Legislation: General Bill
Bill Body Date Action Description CMN Leg Involved ____ ______ ____________ ______________________________ ___ ____________ 905 House 19940426 Introduced, read first time, 25 referred to Committee 905 Senate 19940421 Read third time, sent to House 905 Senate 19940420 Amended, read second time 905 Senate 19940419 Committee Report: Favorable 03 with amendment 905 Senate 19940111 Introduced, read first time, 03 referred to Committee 905 Senate 19931206 Prefiled, referred to 03 CommitteeView additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 20, 1994
S. Printed 4/20/94--S.
Read the first time January 11, 1994.
TO AMEND SECTION 20-7-2205, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO TEMPORARY, INDETERMINATE COMMITMENT FOR EVALUATION FOR NONCRIMINAL MISCONDUCT, SO AS TO MAKE THE PROHIBITION PROVIDED BY THIS SECTION APPLICABLE TO CHILDREN FOUND IN CONTEMPT OF COURT FOR VIOLATION OF A COURT ORDER RELATED TO SUCH NONCRIMINAL MISCONDUCT.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-2205, as last amended by Act 131 and Act 181 of 1993, of the 1976 Code is further amended to read:
"Section 20-7-2205. 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, including a child who has been found in contempt of court for violation of a court order related to such violation or misconduct, or a child who violates the conditions of probation for an offense must not be committed to the custody of a correctional institution operated by the Department of Juvenile Justice or to secure evaluation centers operated by the department."
SECTION 2. The 1976 Code is amended by adding:
"Section 20-7-2207. (A) The Department of Juvenile Justice shall develop and implement an alternative residential program for status offenders and juveniles found in contempt of court for violation of a court order issued for a status offense. This program must comply with Section 20-7-2205 and juveniles in the program must be maintained in facilities and have supervision and programming that meets Medicaid management group home standards; however, juveniles in the residential program must not be placed in facilities with other group home populations.
(B) Residential and program clinical staff shall supervise program treatment and shall conduct family and home environmental needs assessments.
(C) Appropriate educational programs must be provided to the program clients.
(D) A juvenile who successfully completes the residential program must be transferred to the juvenile's home community for intensive community supervision by the Department of Juvenile Justice which must include weekly face to face supervisory sessions and telephone contacts as needed. In preparation for transfer to the intensive community program, the residential program clinical staff shall collaborate with the Department of Juvenile Justice staff to formulate community treatment plans containing supervisory and treatments goals, objectives, and interventions.
(E) A juvenile who fails to comply with the community treatment plan must be returned to the residential program and must remain at the facility for the duration of the placement."
SECTION 3. This act takes effect upon approval by the Governor except Section 2 takes effect subject to the General Assembly appropriating sufficient funds to carry out the provisions of Section 2.