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Bill 4572

                    Current Status

Bill Number:                      4572
Type of Legislation:              General Bill GB
Introducing Body:                 House
Introduced Date:                  20000208
Primary Sponsor:                  Campsen
All Sponsors:                     Campsen
Drafted Document Number:          l:\council\bills\skb\18171som00.doc
Residing Body:                    House
Current Committee:                Judiciary Committee 25 HJ
Subject:                          Juveniles, Minors, release from detention 
                                  facility, aftercare; probation counselor may 
                                  issue warrant or arrest when


                        History

Body    Date      Action Description                     Com     Leg Involved
______  ________  ______________________________________ _______ ____________
House   20000208  Introduced, read first time,           25 HJ
                  referred to Committee


              Versions of This Bill

TO AMEND SECTION 20-7-8325, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO A JUVENILE'S CONDITIONAL AFTERCARE RELEASE FROM A JUVENILE CORRECTIONAL FACILITY, SO AS TO PROVIDE THAT AN AFTERCARE COUNSELOR, IF TRAINED AS A LAW ENFORCEMENT OFFICER, HAS THE POWER TO ARREST THE JUVENILE FOR VIOLATING CONDITIONS OF THE RELEASE; AND TO AMEND SECTION 20-7-8335, RELATING TO THE QUALIFICATIONS AND DUTIES OF PROBATION COUNSELORS FOR THE DEPARTMENT OF JUVENILE JUSTICE, SO AS TO PROVIDE THAT A PROBATION COUNSELOR TRAINED AS A LAW ENFORCEMENT OFFICER HAS THE POWER TO ISSUE WARRANTS, TO ARREST, AND TO EXECUTE PROCESS, AND TO PROVIDE THAT IN THE PERFORMANCE OF THEIR DUTIES, PROBATION COUNSELORS ARE REGARDED AS REPRESENTATIVES OF THE COURT, DEPARTMENT OF JUVENILE JUSTICE, AND THE JUVENILE PAROLE BOARD.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION 1. Section 20-7-8325 of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"Section 20-7-8325. (A) At any time during the period of conditional release, an aftercare counselor or the counselor's supervisor may issue or cause to be issued a warrant for the juvenile to be taken into custody for violating any of the conditions of the release. A police officer or other officer with power to arrest, upon request of an aftercare counselor, may take the juvenile into custody. The arresting officer shall obtain a warrant signed by the aftercare counselor setting forth that the juvenile, in the counselor's judgment, violated the conditions of the release which is authority for the detention of the juvenile in an appropriate place of detention. If an aftercare release revocation is necessary, the aftercare counselor shall submit in writing a thorough report to the parole board, showing in what manner the delinquent child has violated the conditional release. A child returned to the custody of a correctional school by aftercare revocation shall have a hearing or review of the child's case by the parole board. The parole board is the final authority to determine whether or not the child failed to abide by the aftercare rules and conditions of release.

(B) An aftercare counselor who has successfully completed law enforcement officer training and received a certificate from the Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23 has the power to arrest a juvenile upon the issuance of a warrant for violating conditions of his release."

SECTION 2. Section 20-7-8335 of the 1976 Code, as added by Act 383 of 1996, is amended to read:

"Section 20-7-8335. (A) To be eligible for appointment as a probation counselor, an applicant must possess:

(1) a college degree involving special training in the field of social science or its equivalent;

(2) a personality and character as would render the applicant suitable for the functions of the office.

(B) Probation counselors shall live in districts as determined by the director. Each counselor periodically shall visit the schools under the supervision of the Department of Juvenile Justice and become familiar with the records, background, and needs of the children and shall make periodic reports to the school.

(C)(1) The Dduties of the probation counselors include:

(a) conducting an investigation of the child and the child's home as may be required by the court;

(b) to be being present in court at the hearing of cases; and

(c) to furnish furnishing to the court information and assistance as the judge may require; and

(d) to take taking charge of a child before and after hearings as may be directed by the court.

(2) During the probationary period of a child and during the time that the child may be committed to an institution or to the care of an association or person for custodial or disciplinary purposes, the child is always subject to visitation by the probation counselors or other agents of the court.

(D)(1) A probation counselor who has successfully completed law enforcement officer training and received a certificate from the Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23 has the authority, in the execution of his duties, to:

(a) issue an arrest warrant or citation charging a violation of conditions of supervision;

(b) arrest; and

(c) execute process.

(2) In the performance of the duties of probation, parole, community supervision, and investigation, the probation counselor is regarded as the official representative of the court, the Department of Juvenile Justice, and the Juvenile Parole Board."

SECTION 3. This act takes effect upon approval by the Governor.

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