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"Sentences for a violation of the provisions of this subsection may not be suspended and probation may not be granted. A person convicted and sentenced under this subsection to a mandatory minimum term of imprisonment of twenty-five years or a mandatory term of twenty-five years or more is not eligible for parole, extended work release, as provided for in Section 24-13-610, or supervised furlough, as provided for in Section 24-13-710. Notwithstanding Section 44-53-420, any a person convicted of conspiracy pursuant to this subsection must be sentenced as provided herein in this section with a full sentence or punishment and not one-half of the sentence or punishment prescribed for the offense.

The weight of any controlled substance in this subsection includes the substance in pure form or any compound or mixture of the substance.

The offense of possession with intent to distribute described in Section 44-53-370(a) is a lesser included offense to the offenses of trafficking based upon possession described in this subsection."

SECTION 71. Section 44-53-375 of the 1976 Code, as last amended by Act 184 of 1993, is further amended to read:

"Section 44-53-375. (A) A person possessing or attempting to possess less than one gram of ice, crank, or crack cocaine, as defined in Section 44-53-110,:

(1) for a first offense, is guilty of a felony and, upon conviction for a first offense, must be imprisoned not more than five years and fined not less than five thousand dollars. For a first offense the court, upon

(2) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender is guilty of a felony and, upon conviction, must be imprisoned not more than ten years and fined not less than ten thousand dollars.;

(3) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender is guilty of a felony and, upon conviction, must be imprisoned not less than ten years nor more than fifteen years and fined not less than fifteen thousand dollars.

(B) A person who manufactures, distributes, dispenses, delivers, purchases, or otherwise aids, abets, attempts, or conspires to manufacture, distribute, dispense, deliver, or purchase, or possesses with intent to distribute, dispense, or deliver ice, crank, or crack cocaine, in violation of the provisions of Section 44-53-370, is guilty of a felony and, upon conviction:

(1) for a first offense, must be sentenced to a term of imprisonment of not more than fifteen years and fined not less than twenty-five thousand dollars;

(2) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for a mandatory minimum term of not less than one year and not more than twenty-five years and fined not less than fifty thousand dollars;

(3) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any violation of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, the offender must be imprisoned for a mandatory minimum term of not less than five years and not more than thirty years and fined not less than one hundred thousand dollars.

(C) A person who knowingly sells, manufactures, delivers, purchases, or brings into this State, or who provides financial assistance or otherwise aids, abets, attempts, or conspires to sell, manufacture, deliver, purchase, or bring into this State, or who is knowingly in actual or constructive possession or who knowingly attempts to become in actual or constructive possession of ten grams or more of ice, crank, or crack cocaine, as defined and otherwise limited in Sections 44-53-110, 44-53-210(b)(4), 44-53-210(d)(1), or 44-53-210(d)(2), is guilty of a felony which is known as `trafficking in ice, crank, or crack cocaine' and, upon conviction, must be punished as follows if the quantity involved is:

(1) ten grams or more, but less than twenty-eight grams:

(a) for a first offense, a mandatory minimum term of imprisonment of not less than three years nor more than ten years, no part of which may be suspended nor probation granted, and a fine of twenty-five thousand dollars;

(b) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, a mandatory minimum term of imprisonment of not less than five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(c) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, a mandatory minimum term of imprisonment of not less than twenty-five years nor more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(2) twenty-eight grams or more, but less than one hundred grams:

(a) for a first offense, a mandatory minimum term of imprisonment of not less than seven years nor more than twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(b) for a second offense or if, in the case of a first conviction of a violation of this section, the offender has been convicted of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, a mandatory minimum term of imprisonment of not less than seven years

(c) for a third or subsequent offense or if the offender has been convicted two or more times in the aggregate of any of the laws of the United States or of any state, territory, or district relating to narcotic drugs, marijuana, depressant, stimulant, or hallucinogenic drugs, a mandatory minimum term of imprisonment of not less than twenty-five years and not more than thirty years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(3) one hundred grams or more, but less than two hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of fifty thousand dollars;

(4) two hundred grams or more, but less than four hundred grams, a mandatory term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of one hundred thousand dollars;

(5) four hundred grams or more, a term of imprisonment of not less than twenty-five years nor more than thirty years with a mandatory minimum term of imprisonment of twenty-five years, no part of which may be suspended nor probation granted, and a fine of two hundred thousand dollars.

(D) Except for a first offense, as provided in subsection (A) of this section, sentences for violation of the provisions of this section may not be suspended and probation may not be granted. A person convicted and sentenced under this section to a mandatory minimum term of imprisonment of twenty-five years or a mandatory term of twenty-five years or more is not eligible for parole, extended work release, as provided for in Section 24-13-610, or supervised furlough, as provided for in Section 24-13-710. Notwithstanding Section 44-53-420, a person convicted of conspiracy pursuant to this subsection must be sentenced as provided in this section with a full sentence or punishment and not one-half of the sentence or punishment prescribed for the offense."

SECTION 72. Article 7 of Chapter 21 of Title 24 and Sections 24-3-40, 24-3-50, 24-13-60, 24-13-210, 24-13-220, and 24-13-270 of the 1976 Code are repealed.

SECTION 73. 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

(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

(6) not have been specifically excluded from participating in a shock incarceration program by the family court at the time of commitment.

(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

SECTION 74. Section 16-23-430 of the 1976 Code, as last amended by Act 194 of 1993, is further amended to read:

"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 be confiscated by the law enforcement division making the arrest.

(3) Juveniles must spend sixty days in the shock incarceration program pursuant to Section 20-7-3215."

SECTION 75. Section 20-7-400(A)(2) of the 1976 Code is amended to read:

"(2) For the treatment or commitment to any a mental institution of a mentally defective, or mentally disordered, mentally ill, mentally retarded, or emotionally disturbed child who is otherwise before the court on another matter. Provided, that nothing herein Nothing in this section is intended to conflict with the authority of probate courts in dealing with mental cases and the family court shall follow the applicable laws and procedures for admission, review, and discharge of children from mental health facilities as these laws and procedures are set forth for the probate courts of the State."

SECTION 76. Section 20-7-410 of the 1976 Code, as last amended by Section 281, Act 181 of 1993, is further amended to read:

"Section 20-7-410. The magistrate courts and municipal courts of this State have concurrent jurisdiction with the family courts for the trial of persons under seventeen years of age charged with traffic violations or violations of the provisions of Title 50 relating to fish, game, and watercraft when these courts would have jurisdiction of the offense charged if committed by an adult.

The circuit courts of this State have concurrent jurisdiction with the family courts for the trial of persons sixteen years of age charged with committing a Class A, B, C, or D felony as defined in Section 16-1-90. To invoke the jurisdiction of the circuit court, the solicitor shall present

The family court shall report all adjudications of juveniles for moving traffic violations to the Department of Public Safety as required by other courts of this State pursuant to Section 56-1-330 and adjudications of the provisions of Title 50 to the Department of Natural Resources."

SECTION 77. Section 20-7-430 of the 1976 Code, as last amended by Act 579 of 1990, is further amended to read:

"Section 20-7-430. Jurisdiction over a case involving a juvenile may be transferred in the following instances:

(1) If, during the pendency of a criminal or quasi-criminal charge against any a minor in a circuit court of this State, it shall be is ascertained that the minor was under the age of seventeen years at the time of committing the alleged offense, it shall be is the duty of such the court forthwith to transfer the case immediately, together with all the papers, documents, and testimony connected therewith with it, to the family court of competent jurisdiction, except in those cases where the Constitution gives to the circuit court exclusive has concurrent jurisdiction or in those cases where jurisdiction has properly been transferred to the circuit court by the family court under the provisions of this section. The court making such the transfer shall order the minor to be taken forthwith immediately to the place of detention designed designated by the court or to that court itself, or shall release such the minor to the custody of some suitable person to be brought before the court at a time designated. The court then shall then proceed as provided in this article. Notwithstanding any other provision of law, the provisions of this section shall be are applicable to all offenses embraced therein, irrespective of whether such the offenses may be directed solely at children coming within the scope of this article and shall likewise be are applicable to such offenses as shall be created in the future unless the General Assembly shall specifically directs otherwise direct.

(2) Whenever a person is brought before a magistrate or city recorder and, in the opinion of the magistrate or city recorder, the person should be brought to the family court of competent jurisdiction under the provisions of this section, the magistrate or city recorder shall thereupon transfer such the case to the family court and direct that the persons involved be taken thereto there.

(3) When an action is brought in or transferred to any a county court or circuit court which, in the opinion of the judge thereof, falls more appropriately within the jurisdiction of the family court, he may transfer the action thereto upon his own motion or the motion of any party.

(5) If a child fourteen or fifteen years of age or older who has two prior and unrelated adjudications of assault, assault and battery with intent to kill, assault and battery of a high and aggravated nature, arson, housebreaking, burglary, kidnapping, attempted criminal sexual conduct or robbery a Class A, B, C, or D felony as defined in Section 16-1-90 and is currently charged with a third or subsequent such offense, the court, may after full investigation and hearing, if it deems considers it contrary to the best interest of such the child or of the public to retain jurisdiction, acting as committing magistrate, may bind over such the child for proper criminal proceedings to any a court which would have trial jurisdiction of such the offenses if committed by an adult.

(6) Within thirty days after the filing of a petition in the family court alleging the child has committed the offense of murder, or criminal sexual conduct, armed robbery, or assault and battery with intent to kill, the person executing the petition may request in writing that the case be transferred to the court of general sessions with a view to proceeding against the child as a criminal rather than as a child coming within the purview of this article. The judge of the family court is authorized to determine this request. If the request is denied, the petitioner may appeal within five days to the circuit court. Upon the hearing of the appeal, the judge of the circuit court is vested with the discretion of exercising and asserting the jurisdiction of the court of general sessions or of relinquishing jurisdiction to the family court. If the circuit judge elects to exercise the jurisdiction of the general sessions court for trial of the case, he shall issue an order to that effect, and then the family court has no further jurisdiction in the matter.

(7) Once the family court relinquishes its jurisdiction over the child and the child is bound over to be treated as an adult, or in cases where the circuit court has concurrent jurisdiction and has acquired jurisdiction through the direct indictment of a juvenile in the circuit court, the provisions of Section 20-7-780 dealing with the confidentiality of identity and fingerprints will are not be applicable.

(9) If a child fifteen years of age or older is charged with a violation of Section 16-23-430(1) or Section 44-53-445, the court, may after full investigation and hearing, if it considers it contrary to the best interest of the child or the public to retain jurisdiction, acting as committing magistrate, may bind over the child for proper criminal proceedings to a court which would have trial jurisdiction of the offenses if committed by an adult."

SECTION 78. Section 20-7-600(B) of the 1976 Code, as last amended by Section 282, Act 181 of 1993, is further amended to read:

"(B) When a child is not released pursuant to subsection (A), the officer taking the child into custody immediately shall notify the authorized representative of the Department of Juvenile Justice, who shall respond within one hour to the location where the child is being detained. Upon responding, the authorized representative of the department shall review the facts in the officer's report or petition and any other relevant facts and determine if there is a need for detention of the child. The officer's written report must be furnished to the authorized representatives of the department and must state:

(1) the facts of the offense;

(2) the reason why the child was not released to the parent. Unless the child is to be detained, the child must be released by the authorized representative of the department to the custody of his parents or other responsible adult upon their written promise to bring the child to the court at a stated time or at a time the court may direct. However, if the offense for which the child was taken into custody is a violent crime as defined in Section 16-1-60 or an offense which involves the possession, use, or threatened use of a knife, blackjack, metal pipe or pole, firearm, deadly weapon, or any object which may be used to inflict bodily injury or death, the child may be released only by the authorized representative of the department with the consent of the officer who took the child into custody."

SECTION 79. Section 20-7-600(D) of the 1976 Code, as last amended by Section 282, Act 181 of 1993, is further amended to read:

"(D) Peace officers' records of children must be kept separate from records of adults, and must not be open to public inspection, and may. However, the record of a child must be open to inspection only in its entirety by:

(2) the office of a circuit solicitor prosecuting the individual for a subsequent offense."

SECTION 80. Section 20-7-600(F) of the 1976 Code, as last amended by Section 282, Act 181 of 1993, is further amended to read:

"(F) When the authorized representative of the Department of Juvenile Justice determines that placement of a juvenile outside the home is necessary, he shall make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available. A child is eligible for detention in a secure juvenile detention facility only if the child:

(1) is charged with a violent crime as defined in Section 16-1-60;

(2) is charged with a crime which, if committed by an adult, would be a felony other than a violent crime, and the child:

(a) is already detained or on probation or conditional release in connection with another delinquency proceeding;

(b) has a demonstrable recent record of wilful failures to appear at court proceedings;

(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or

(d) has a demonstrable recent record of adjudications for other felonies; and:

(i) there is clear and convincing evidence to establish a risk of flight, or serious harm to others; or

(ii) the instant offense involved the use of a firearm;

(3) is a fugitive from another jurisdiction;

(4) is charged with a crime which involves the possession, use, or threatened use of a knife, blackjack, metal pipe or pole, firearm, deadly weapon, or any object which may be used to inflict bodily injury or death; or

(4)(5) requests protection in writing under circumstances that present an immediate threat of serious physical injury. A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program."

SECTION 81. Section 20-7-630 of the 1976 Code, as last amended by Section 283, Act 181 of 1993, is further amended to read:

"Section 20-7-630. The Department of Juvenile Justice shall provide intake and probation services for juveniles brought before the family courts of this State and for persons committed or referred to the Department of Juvenile Justice in cooperation with all local officials or

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