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Indicates Matter Stricken
Indicates New Matter
Indicates Matter Stricken
Indicates New Matter
COMMITTEE REPORT
February 21, 2007
S. 294
S. Printed 2/21/07--H.
Read the first time January 31, 2007.
To whom was referred a Bill (S. 294) to amend Section 20-7-8303, Code of Laws of South Carolina, 1976, relating to those offenses committed by juveniles for which release from the Department of Juvenile, etc., respectfully
That they have duly and carefully considered the same and recommend that the same do pass:
JAMES H. HARRISON for Committee.
TO AMEND SECTION 20-7-8303, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THOSE OFFENSES COMMITTED BY JUVENILES FOR WHICH RELEASE FROM THE DEPARTMENT OF JUVENILE JUSTICE IS DETERMINED BY THE BOARD OF JUVENILE PAROLE OR THE DEPARTMENT, SO AS TO CLARIFY THAT RELEASE FOR THE OFFENSE OF ASSAULT AND BATTERY OF A HIGH AND AGGRAVATED NATURE MUST BE DETERMINED BY THE BOARD; AND TO AMEND SECTION 20-7-8305, AS AMENDED, RELATING TO REVIEW AND RELEASE PROCEDURES FOR THE BOARD AND DEPARTMENT, SO AS TO PROVIDE THAT THE STATUTORY PROCEDURES APPLY TO THE BOARD AND THAT THE DEPARTMENT SHALL ESTABLISH POLICIES AND PROCEDURES GOVERNING ITS REVIEW AND RELEASE PROCEDURES.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 20-7-8303 of the 1976 Code, as added by Act 309 of 2006, is amended to read:
"Section 20-7-8303. (A) The release and revocation of release of juveniles adjudicated delinquent and committed to the department must be determined by:
(1) the department for juveniles adjudicated delinquent and committed after March 31, 2007, for an indeterminate period for a status offense or a misdemeanor, other than assault and battery of a high and aggravated nature or assault with intent to kill, and for juveniles who have violated probation for a status offense or a misdemeanor, other than assault and battery of a high and aggravated nature or assault with intent to kill;
(2) the Board of Juvenile Parole for juveniles adjudicated delinquent and committed for an offense other than an offense provided for in item (1).
(B) For purposes of this article, 'releasing entity' means:
(1) the department for juveniles described in subsection (A)(1);
(2) the Board of Juvenile Parole for juveniles described in subsection (A)(2)."
SECTION 2. Section 20-7-8305 of the 1976 Code, as last amended by Act 309 of 2006, is further amended to read:
"Section 20-7-8305. (A)(1) The releasing entity Board of Juvenile Parole shall meet monthly, and at other times as may be necessary, to review the records and progress of juveniles committed to the custody of the Department of Juvenile Justice, for whom the board is the releasing entity, for the purpose of deciding the release or revocation of release of these juveniles. The releasing entity board shall make periodic inspections, at least quarterly, of the records of persons committed to the custody of the Department of Juvenile Justice these juveniles and may issue temporary and final discharges or release these persons juveniles conditionally and prescribe conditions for release into aftercare.
(2)(a) It is the right of a juvenile who has not committed a violent offense, as defined by Section 16-1-60, and for whom the board is the releasing entity, to appear personally before the releasing entity board every three months for the purpose of parole consideration, but no appearance may begin until the releasing entity board determines that an appropriate period of time has elapsed since the juvenile's commitment.
(b) The parole board may waive the quarterly review of juveniles committed to the department, for whom the board is the releasing entity, for the commission of a violent crime, as defined in Section 16-1-60, until the juvenile reaches the minimum parole guidelines the board establishes for the juvenile. At that point, the board may schedule its first review of the juvenile from three months up to twelve months after the juvenile reaches the minimum parole guidelines established by the board. The scheduling of subsequent reviews is in the discretion of the board but must occur within three to twelve months of the juvenile's last appearance.
(3) In order to allow reviews and appearances by juveniles, for whom the board is the releasing entity, the releasing entity board may assign the members or individuals to meet in panels of not less than three members or individuals, to receive progress reports and recommendations, review cases, meet with juveniles, meet with counselors, and to hear matters and consider cases for release, parole, and parole revocation. Membership on these panels must be periodically rotated on a random basis. At the meetings of the panels, a unanimous vote must be considered the final decision. A panel vote that is not unanimous must not be considered as a final decision, and the matter must be referred to the full parole board, which shall determine the matter by a majority vote of its membership, and in the case of reviews conducted by department staff, as provided for by the director of the department.
(4) The releasing entity board may conduct parole hearings by means of a two-way, closed circuit television system.
(B) In the determination of the type of discharges or conditional releases granted, the releasing entity shall consider the interests of the person involved and the interests of society and shall employ the services of and consult with the personnel of the Department of Juvenile Justice. The releasing entity may from time to time modify the conditions of discharges or conditional releases previously granted.
(C)(1) The department shall develop written guidelines for the release of juveniles committed to the department for offenses for which the department is the releasing entity.
(25) The parole board shall develop written guidelines for the consideration of parole release of juveniles committed to the department for offenses for which the parole board is the releasing entity.
(3) The guidelines developed pursuant to this subsection must be given by the releasing entity board shall provide these guidelines to juveniles, for whom the board is the releasing entity, upon commitment and periodically reviewed with each juvenile to assess the progress made toward achieving release on parole.
(B) In the cases of juveniles for whom the department is the releasing entity, the department shall establish policies and procedures governing the review and release procedures for these juveniles.
(C) In the determination of the type of discharges or conditional releases granted, the releasing entity shall consider the interests of the person involved and the interests of society and shall employ the services of and consult with the personnel of the Department of Juvenile Justice. The releasing entity may from time to time modify the conditions of discharges or conditional releases previously granted."
SECTION 3. The repeal or amendment by this act of any law, whether temporary or permanent or civil or criminal, does not affect pending actions, rights, duties, or liabilities founded thereon, or alter, discharge, release or extinguish any penalty, forfeiture, or liability incurred under the repealed or amended law, unless the repealed or amended provision shall so expressly provide. After the effective date of this act, all laws repealed or amended by this act must be taken and treated as remaining in full force and effect for the purpose of sustaining any pending or vested right, civil action, special proceeding, criminal prosecution, or appeal existing as of the effective date of this act, and for the enforcement of rights, duties, penalties, forfeitures, and liabilities as they stood under the repealed or amended laws.
SECTION 4. This act takes effect upon approval by the Governor and applies to juveniles committed to the Department of Juvenile Justice after March 31, 2007.
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