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H. 5089
STATUS INFORMATION
House Resolution
Sponsors: Rep. Govan
Document Path: l:\council\bills\nbd\12259ac08.doc
Introduced in the House on April 24, 2008
Adopted by the House on May 28, 2008
Summary: Task Force on Juvenile Status Offenders
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number ------------------------------------------------------------------------------- 4/24/2008 House Introduced HJ-71 4/24/2008 House Referred to Committee on Judiciary HJ-71 5/22/2008 House Recalled from Committee on Judiciary HJ-81 5/23/2008 Scrivener's error corrected 5/28/2008 House Adopted HJ-200
View the latest legislative information at the LPITS web site
VERSIONS OF THIS BILL
RECALLED
May 22, 2008
H. 5089
S. Printed 5/22/08--H. [SEC 5/23/08 1:27 PM]
Read the first time April 24, 2008.
TO ESTABLISH A TASK FORCE ON JUVENILE STATUS OFFENDERS; TO PROVIDE FOR ITS MEMBERS, POWERS, AND DUTIES; AND TO PROVIDE THAT THE TASK FORCE SHALL SUBMIT ITS REPORT AND RECOMMENDATIONS TO THE HOUSE OF REPRESENTATIVES BEFORE JANUARY 13, 2009, AT WHICH TIME THE TASK FORCE IS ABOLISHED.
Whereas, a status offense is an offense committed by a person under seventeen years of age which would not be a misdemeanor or felony if committed by an adult; and
Whereas, status offenses include, among other offenses, incorrigibility, truancy, and running away; and
Whereas, the age of juveniles in South Carolina subject to the jurisdiction of the family court and juvenile justice system for status offenses is under seventeen years of age; and
Whereas, the responsibility of parents for their children exists until the child reaches the age of eighteen; and
Whereas, because of the gap between the ages of seventeen and eighteen in South Carolina law, the Department of Juvenile Justice and the family court do not have the authority to provide services or resources or to intervene to assist parents whose seventeen year old children are truant or who engage in incorrigible conduct; and
Whereas, parents often are at a loss as to how to protect and assist their seventeen year old children, and while responsible for their children under current law, they are unable to receive assistance from the State; and
Whereas, it is incumbent upon the State to study this issue and examine the possible solutions to this problem. Now, therefore,
Be it resolved by the House of Representatives:
A. There is established the Task Force on Juvenile Status Offenders to study the incidence of juveniles committing status offenses, with an emphasis on seventeen year olds who engage in conduct that, but for being seventeen years of age, would be in violation of the law for committing a status offense. The task force shall concentrate on truancy and incorrigibility engaged in by seventeen year olds and shall review the issues related to such conduct, including, but not limited to, the outcome of such conduct, the impact on the family, the availability of community services and resources to address these issues, and potential solutions to this problem. The task force shall examine the fiscal and administrative impact of amending the law to apply status offenses to seventeen year olds, thereby placing seventeen year olds under the jurisdiction of the family court for the purpose of adjudicating these offenses and under the Department of Juvenile Justice when these offenders are committed to the custody or care of the department.
B. The task force must be composed of:
(1) the following members to be appointed by the Speaker of the House of Representatives:
(a) two members of the House Judiciary Committee;
(b) two members of the House Education and Public Works Committee;
(c) two members of the House Ways and Means Committee;
(d) two members of the House Medical, Military and Public and Municipal Affairs Committee; and
(e) two representatives of law enforcement;
(2) the Director of the Department of Juvenile Justice, or a designee;
(3) the State Superintendent of Education, or a designee;
(4) a family court judge appointed by the Chief Justice of the South Carolina Supreme Court.
C. Staff assistance must be provided to the task force by committee staff of the House of Representatives with assistance from the Department of Juvenile Justice and the Department of Education.
D. The task force shall submit a report containing its findings and recommendations to the House of Representatives before January 13, 2009, at which time the task force is abolished.
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