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Indicates Matter Stricken
Indicates New Matter
COMMITTEE AMENDMENT ADOPTED
April 6, 2000
S. 1058
S. Printed 4/6/00--S.
Read the first time January 20, 2000.
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.
Amend Title To Conform
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, 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."
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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