| Printed Page 5010, Apr. 27 | Printed Page 5030, Apr. 27 |

Rep. RUDNICK proposed the following Amendment No. 2 (Doc Name L:\council\legis\amend\GJK\20837SD.94), which was tabled.

Amend the bill, as and if amended, by striking SECTIONS 22 through 26 which begin on page 26 and inserting:

Amend the bill further, as and if amended, by deleting item (5) of SECTION 35 as contained on line 36, page 39.

Renumber sections to conform.

Amend totals and title to conform.

Rep. RUDNICK explained the amendment.

Rep. HODGES spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 51 to 4.

Rep. FAIR proposed the following Amendment No. 3 (Doc Name L:\council\legis\amend\GJK\20859SD.94), which was tabled.

Amend the bill, as and if amended, by striking SECTIONS 14, 15, 17, 18, and 24 in their entirety

Renumber sections to conform.

Amend totals and title to conform.

Rep. FAIR explained the amendment.

Reps. J. WILDER and HUFF spoke against the amendment.

The SPEAKER Pro Tempore granted Rep. HINES a leave of absence for the remainder of the day.

Rep. BAXLEY spoke against the amendment and moved to table the amendment, which was agreed to by a division vote of 50 to 25.

Rep. FAIR proposed the following Amendment No. 5 (Doc Name L:\council\legis\amend\GJK\20861SD.94), which was tabled.

Amend the bill, as and if amended, by striking SECTION 15 in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. FAIR explained the amendment.

The SPEAKER Pro Tempore granted Rep. G. BAILEY a temporary leave of absence.

The SPEAKER Pro Tempore granted Rep. WALDROP a temporary leave of absence.

Reps. BAXLEY and MARTIN spoke against the amendment.

Rep. CLYBORNE spoke in favor of the amendment.

Reps. HODGES and HASKINS spoke against the amendment.

Rep. MARTIN moved to table the amendment.

Rep. FAIR demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 54 to 12.

Rep. FAIR proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\GJK\20862SD.94), which was tabled.

Amend the bill, as and if amended, by striking SECTION 17 in its entirety.

Renumber sections to conform.

Amend totals and title to conform.

Rep. FAIR explained the amendment.

Rep. MARTIN moved to table the amendment.

Rep. FAIR demanded the yeas and nays, which were not ordered.

The amendment was then tabled by a division vote of 46 to 17.

The SPEAKER Pro Tempore granted Rep. CANTY a leave of absence for the remainder of the day.

Rep. KEEGAN proposed the following Amendment No. 56 (Doc Name L:\council\legis\amend\CYY\16140AC.94), which was adopted.

Amend the bill, as and if amended, Section 20-7-780(B), by inserting after /child/ on page 36, line 1 /under fourteen years of age who is/.

Amend further, Section 20-7-780(B), by adding an appropriately numbered item to read:

/( ) being a Peeping Tom as defined in Section 16-17-470./.

Renumber items to conform.

Amend title to conform.

Rep. KEEGAN explained the amendment.

The SPEAKER Pro Tempore granted Rep. STONE a leave of absence for the remainder of the day.

Rep. KEEGAN continued speaking.

The amendment was then adopted.

Rep. SCOTT moved that the House do now adjourn, which was rejected by a division vote of 35 to 47.

Reps. CLYBORNE, CORNING, ALLISON, TROTTER, LITTLEJOHN, VAUGHN, R. SMITH, A. YOUNG, SHISSIAS, WOFFORD, HUTSON, BAKER, WALKER, WELLS, SIMRILL, MEACHAM, LANFORD and STONE proposed the following Amendment No. 59 (Doc Name L:\council\legis\amend\CYY\16125AC.94).

Amend the bill, as and if amended, by deleting Section 10 and inserting:

/SECTION 10. Section 20-7-1330(c) of the 1976 Code, as last amended by Act 615 of 1988, is further amended to read:

"(c) commit the child to the custody or to the guardianship of a public or private institution or agency authorized to care for children or to place them in family homes or under the guardianship of a suitable person. Commitment must be for an indeterminate a determinate period but in no event beyond the child's twenty-first birthday. The determinate period may not exceed the term of imprisonment allowed if the offense was committed by an adult;"/

Amend title to conform.

Rep. CLYBORNE explained the amendment and moved to adjourn debate upon the amendment, which was adopted.

Reps. CLYBORNE, VAUGHN, CORNING, BAKER, LANFORD, HALLMAN, FULMER, WALKER, TROTTER, ALLISON, SHISSIAS, LITTLEJOHN, STONE, R. SMITH, WELLS, WOFFORD, A. YOUNG, SIMRILL, MEACHAM and HUTSON proposed the following Amendment No. 60 (Doc Name L:\council\legis\amend\CYY\16110AC.94).

Amend the bill, as and if amended, by striking Section 6 and inserting:

"Section 16-23-430. (1) It shall be is unlawful for any a person, except state, county, or municipal law- enforcement officers or personnel authorized by school officials, to carry on his person, use, or threaten to use, while on any elementary or secondary school property, a knife, with a blade over two inches long, a blackjack, a metal pipe or pole, firearms, or any other another type of weapon, device, or object which may be used to inflict bodily injury or death.

(2) A person who violates the provisions of this section is guilty of a felony and, upon conviction, must be fined not more than one thousand dollars or imprisoned not more than five years, or both. Any A weapon or object used in violation of this section may must be confiscated by the law enforcement division making the arrest.

(3) A person under the age of seventeen who violates this section, upon adjudication, must spend sixty days in the shock incarceration program established pursuant to Section 20-7-3215."/

Amend further, by adding an appropriately numbered section to read:

/SECTION . The 1976 Code is amended by adding:

"Section 20-7-3215. (A) The Department of Juvenile Justice shall establish a self-contained residential shock incarceration type program for juveniles adjudicated delinquent and committed to the department. The shock incarceration program must be sixty days in duration and must provide in a highly structured and disciplined setting, a program of physical activity, work and drill which emphasizes rehabilitation, education, self-sufficiency and personal development of the juveniles, and positive active intervention and interaction between the staff and juveniles.

(B) Juveniles adjudicated delinquent for nonviolent criminal acts which occur in or around school property must be given priority for transfer into the department's shock incarceration program. In addition, to be eligible to be transferred to a shock incarceration program, juveniles committed to the department must:

(1) be between the ages of twelve and seventeen years at the time of commitment;

(2) have been adjudicated for a nonviolent crime or burglary in the first or second degree;

(3) have a minimum parole guideline of twelve months or less;

(4) not have been transferred on a previous commitment to a shock incarceration program or similar program;

(5) be physically and mentally able to participate in the program; and

(C) A juvenile may be transferred to the department's shock incarceration program either at the time of commitment or at anytime before the juvenile reaches his minimum parole guidelines.

(D) The director of the department shall transfer juveniles to this program based upon the recommendation of a Shock Incarceration Screening Committee which shall utilize a Risk Classification Instrument in making its recommendations to the director. Juveniles who successfully complete this sixty-day program must be granted a conditional release from their commitment to the department. Juveniles who fail to successfully complete this program must be transferred, consistent with due process, to a secure correctional facility operated by the department.

(E) Upon successful completion of this program and release of the juvenile by the Board of Juvenile Parole, the juvenile must be placed under intensive supervision in the juvenile's home community for up to three months and thereafter placed on regular parole supervision. Intensive supervision requires between four to seven contacts each week with the juvenile by the department.

(F) Transfer to the shock incarceration program is a privilege and is on a space available basis. A juvenile has no right to participate in a program or to continue to participate in a program if his behavior is inappropriate."/

Renumber sections to conform.

Amend title to conform.

Rep. CLYBORNE explained the amendment.

Rep. MARTIN spoke against the amendment.

Rep. CLYBORNE moved to adjourn debate upon the amendment, which was adopted.

Reps. SCOTT and HODGES proposed the following Amendment No. 63 (Doc Name L:\council\legis\amend\CYY\16101AC.94), which was ruled out of order.

Amend the bill, as and if amended, by inserting on page 19, line 8:

/Section 59-66-70. (A) There is created the Volunteer Mentor Program to be administered by the Budget and Control Board. The purpose of the program is to promote the establishment of local programs whereby at-risk children are matched with adult volunteers on a one-to-one basis.

(B) The objectives of the program are to:

(2) recruit community volunteers to provide positive adult role models for at-risk children;

(3) improve the academic performance of students participating in the program; and

(4) meet the physical, intellectual, emotional, and social needs of students participating in the program and improve their attitudes and behavior.

(C) As used in this section, `at-risk children' means children under the age of twenty-one, who have been referred:

(1) directly by local law enforcement, family court, appropriate state agencies, or the local school district; or

(2) to family court during the immediately preceding twelve months.

(D) Each local program must have a local board of directors or advisory committee which reflects local commitment to the program and is representative of the community. The governing board or advisory committee shall monitor program activity and generate financial support for the program.

(E) Each local program must have at least a part-time program director who is responsible for:

(1) recruiting volunteers;

(2) screening volunteers;

(3) training or facilitating training of volunteers;

(4) matching volunteers with at-risk children;

(5) supervising volunteers;

(6) providing or arranging support services and group activities;

(7) working with the program's governing board or authority or advisory committee;

(8) evaluation of the program; and

(9) record-keeping.

(F) The General Assembly annually shall provide funds in the general appropriations act for the administration of the program at the state level and for grants to be awarded for the salary of local program directors. It is the intent of the General Assembly that grants for local part-time program directors be reduced in proportion to grants for full-time directors. It is also the intent of the General Assembly that local programs be supported in part by local grants and donations, in-kind contributions, federal funds, and other funds which are not state funds.

(G) The Budget and Control Board shall serve as the lead state agency for collecting information and reporting to the General Assembly by

(H) Grant recipients may be:

(1) state agencies, county agencies, or school districts or a consortium of a combination of state agencies and county agencies and school districts; or

(2) non-profit 501 (c)(3) entities or a consortium consisting of one or more 501 (c)(3) entities.

(I) The Budget and Control Board shall:

(1) disseminate information regarding the program to interested groups;

(2) develop and disseminate a request for applications to establish local Volunteer Mentor Programs;

(3) provide technical assistance to grant applicants and ongoing technical assistance as grants are implemented;

(4) administer funds appropriated by the General Assembly;

(5) monitor the grants funded;

(6) revoke a grant if necessary or appropriate;

(7) develop and implement an evaluation system that assesses the efficiency and effectiveness of the program and provide information on how to improve and refine the program;

(8) report annually to the General Assembly on program implementation and the results of the board's evaluation of the program;

(9) promulgate regulations necessary to implement the program including, but not limited to:

(a) qualifications for local program directors;

(b) training for program directors and volunteers;

(c) requirements related to program directors' supervision of volunteers;

(d) criteria for children's admission to the program;

(e) required performance levels for a grant recipient to continue to receive an award;

(f) requirements for screening volunteers;

(g) procedures to be followed in developing and submitting applications; and

(h) criteria for selection of grant recipients;

(10) award grants.

(J) A 501(c)(3) entity or consortium that receives a grant under this section must report to the Budget and Control Board on the

Amend further, page 39, Section 35, by adding an appropriately numbered item to read:

/( ) Sections 59-66-70(A), (B), (C), (D), (E), (F), (H), (I), and (J)./

Renumber items to conform.

Amend title to conform.

Rep. HODGES explained the amendment.

Rep. SCOTT spoke in favor of the amendment.

Rep. KENNEDY moved that the House do now adjourn.

Rep. HUFF demanded the yeas and nays, which were not ordered.

The House refused to adjourn by a division vote of 28 to 50.

The SPEAKER Pro Tempore granted Rep. CHAMBLEE a leave of absence for the remainder of the day.

Rep. ROBINSON raised the Point of Order that Amendment No. 63 was out of order as it was not germane.

Rep. HODGES argued contra the point in stating that the Bill dealt with a number of interventions for at risk children and the definition of at risk was defined in another section of the Bill. He further stated, citing Section 14 of the Bill, that the Bill dealt with at risk children and therefore, the amendment was germane.

Rep. SCOTT argued contra the Point in stating that it was germane.

Rep. ROBINSON stated that the amendment had its own definition of at risk and it did not relate to the definition cited.

SPEAKER Pro Tempore WILKINS stated that it attempted to amend articles in the Bill but that it was not germane and he sustained the Point of Order and ruled the amendment out of order.

Rep. HUFF proposed the following Amendment No. 65 (Doc Name L:\council\legis\amend\CYY\16139AC.94), which was adopted.

Amend the bill, as and if amended, Section 59-66-50(A), by deleting lines 41- 43 on page 16 and inserting /(7) positive approaches to behavior management./

Amend title to conform.

| Printed Page 5010, Apr. 27 | Printed Page 5030, Apr. 27 |