South Carolina General Assembly
113th Session, 1999-2000

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Bill 1058

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

COMMITTEE REPORT

April 5, 2000

S. 1058

Introduced by Senator Hutto

S. Printed 4/5/00--S.

Read the first time January 20, 2000.

            

THE COMMITTEE ON JUDICIARY

To whom was referred a Bill (S. 1058), to amend Section 20-7-6605, Code of Laws of South Carolina, 1976, relating to the definitions in the Juvenile Justice Code, so as to define valid court order, etc., respectfully

REPORT:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

Amend the bill, as and if amended, by striking SECTION 1 in its entirety and inserting therein the following:

/ SECTION 1. Section 20-7-6605 of the 1976 Code is amended by adding a new item to read:

"(9) 'Valid court order' means an order, including a consent order, issued by the family court pertaining to a child over whom the court has jurisdiction and where the court has:

(a) ensured that the child has been afforded all due process rights guaranteed to child offenders; and

(b) received a written report from the appropriate state or local agency or public entity which has:

(1) reviewed the circumstances causing the child to be before the court; and

(2) made a recommendation as to disposition." /

Amend title to conform.

JAMES E. BRYAN, JR., for Committee.

STATEMENT OF ESTIMATED FISCAL IMPACT

ESTIMATED FISCAL IMPACT ON GENERAL FUND EXPENDITURES:

See Below

ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER FUND EXPENDITURES IS:

$0 (No additional expenditures or savings are expected)

EXPLANATION OF IMPACT:

Department of Juvenile Justice:

The department indicates that implementation of this bill would have no impact on the General Fund of the State nor on federal and/or other funds.

Judicial Department:

The department states that there is not enough information available to estimate the number of cases that would come before the court should this bill become law. If the number of cases exceeds what their current pool of circuit court judges can absorb, additional judges would be needed. The cost associated with one additional judge and staff (administrative assistant, court reporter and law clerk) is approximately $303,593 for personal services and associated operating expenses and $26,620 of non-recurring cost for automation and furniture. The addition of new judges would also require more courtroom space, an expense borne by county governments.

Approved By:

Don Addy

Office of State Budget

A BILL

TO AMEND SECTION 20-7-6605, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE DEFINITIONS IN THE JUVENILE JUSTICE CODE, SO AS TO DEFINE VALID COURT ORDER; TO AMEND SECTION 20-7-7810, RELATING TO COMMITMENT OF CHILDREN, SO AS TO PROVIDE THAT A CHILD WHO COMMITS A STATUS OFFENSE MAY BE COMMITTED TO THE CUSTODY OF A CORRECTIONAL INSTITUTION ONLY IF THE CHILD HAS BEEN FOUND IN CONTEMPT OF COURT OR HAS VIOLATED THE CONDITIONS OF PROBATION.

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

SECTION 1. Section 20-7-6605 of the 1976 Code is amended by adding a new item to read:

"(9) 'Valid court order' means an order issued by the family court pertaining to a child over whom the court has jurisdiction and where the court has:

(a) ensured that the child has received all due process rights guaranteed to child offenders; and

(b) received a written report from the appropriate state or local agency or public entity which has reviewed the circumstances causing the child to be before the court and made a recommendation as to disposition."

SECTION 2. Section 20-7-7810(F) of the 1976 Code is amended to read:

"(F) Notwithstanding subsections (A) and (E), 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, a child who has been found in contempt of court for violation of a valid court order, as defined in Section 20-7-6605, related to a violation of law or other misconduct which would not be a criminal offense if committed by an adult, or a child who violates the conditions of probation for a violation of law or other misconduct which would not be a criminal offense if committed by an adult may 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 for a determinate period not to exceed ninety days; however, a child committed under this section may not be confined with a child who has been determined by the department to be violent."

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

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