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(4) order the parent or guardian to attend a parental responsibility program approved by the Department of Education;
(5) order the child to attend school by placing the child under an attendance order which may require that the child have no unlawful absences from school for the remainder of the current school year or for a longer period as appropriate.

(D) A parent or guardian who fails to comply with an order of the court must be ordered to appear and show cause why he should not be held in contempt. Contempt is punishable by a fine of not more than two hundred fifty dollars or imprisonment of not more than thirty days for each offense. A parent or guardian who has made a bona fide and diligent effort to comply with the order of the court and to keep the child in school may not be held in contempt.

At the time of the contempt hearing, the court may take any of the actions specified in subsection (C), either instead of or in addition to entering a finding of contempt. In sentencing the parent or guardian, the court shall give preference to that penalty or service or combination of penalties and service that shows the most promise of achieving long-term improvement in the child's school attendance and achievement.

The court may suspend or reduce a fine or jail term imposed if the parent or guardian successfully completes a parental responsibility program or other service, treatment, or activity ordered by the court.

Imprisonment should be used only after it is demonstrated that other efforts have failed and that the parent or guardian wilfully fails to comply with the order of the court.

(E) If a child violates the terms of an attendance order imposed on him by the court and is brought back into court for this violation, the court shall make a finding as to whether a child's nonattendance in school has occurred in spite of the parent's or guardian's bona fide attempt to control and keep the child in school. The court shall make a further finding as to whether the school district has taken all appropriate action to remedy the nonattendance situation.

If the court's findings are affirmative in both cases, the court may declare the child to be a truant, adjudicate the child a status offender, and subject the child to the provision of law in these cases.

Before a child may be committed to the Department of Juvenile Justice's Reception and Evaluation Center or residential program for status offenders, the court shall consider whether all appropriate alternative services and programs available in the community have been exhausted. In sentencing the child, the court shall give preference to that penalty or combination of penalties that shows most promise of long-term improvement in the child's school attendance and achievement."

SECTION 26. The provisions of Sections 22, 23, 24, and 25 do not alter, amend, or repeal the provisions of Section 59-65-30 of the 1976 Code, relating to the exceptions to compulsory attendance laws or Section 59-65-40 relating to home schooling programs.

SECTION 27. Section 20-7-600 of the 1976 Code is amended by adding an appropriately lettered subsection to read:

"( ) If a child is found violating compulsory school attendance laws without reasonable justification, the child must be taken into custody by law enforcement for the purpose of transporting the child to school. The taking of a child into custody pursuant to this subsection must not be termed an arrest."

SECTION 28. The 1976 Code is amended by adding:

"Section 20-7-1351. In addition to the jurisdiction of the family court as provided in Article 5 of this chapter, the family court has jurisdiction to order parents of children identified as `in need of services or counseling to prevent violent behavior' to appear before the court, and upon finding that the child's behavior can be modified, the court may order an

SECTION 29. Section 20-7-600(D) of the 1976 Code, as last amended by Act 571 of 1990, is further amended to read:

"(D) Peace officers' records of children must be kept separate from records of adults, must not be open to public inspection, and may be open to inspection only by governmental agencies authorized by the judge; however, the record of a child is open to public inspection if the record pertains to:

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

(2) a crime in which an illegal weapon was used;

(3) distribution or trafficking in unlawful drugs as defined in Title 44, Chapter 53, Article 3; or

(4) an alcohol related offense for which the penalty is more than one year."

SECTION 30. Section 20-7-600 of the 1976 Code, as last amended by Section 282, Act 181 of 1993, is further amended by adding an appropriately numbered subsection to read:

"( ) When a child is taken into custody by a law enforcement officer for an offense which would be a misdemeanor or felony if committed by an adult, not including traffic or wildlife violations over which courts other than the family court have concurrent jurisdiction as provided for in Section 20-7-410, the law enforcement officer also shall notify the principal of the school in which the child is enrolled of the nature of the offense. This information may be used by the principal for monitoring

SECTION 31. Section 20-7-770 of the 1976 Code, as last amended by Section 285, Act 181 of 1993, is further amended to read:

"Section 20-7-770. Notwithstanding the right of a person to petition the family court pursuant to Section 20-7-780 for the release of a person's record of juvenile adjudications, upon the request of the Attorney General or a circuit solicitor which is made pursuant to a current criminal investigation or prosecution, the Department of Juvenile Justice shall provide the requesting party with a copy of the juvenile criminal record of a person adjudicated as a juvenile for the commission of:

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

(2) a crime in which an illegal weapon was used;

(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or

(4) an alcohol related offense for which the penalty is more than one year. A person with a record for an adjudicated violent crime must have his juvenile criminal record maintained by the Department of Juvenile Justice for at least ten years after the date of the violent offense adjudication.

The Department of Juvenile Justice must maintain a juvenile's record for the same period that the Department of Corrections is required to maintain the record for offenses committed by an adult when the offense is one for which the record must be provided pursuant to this section."

SECTION 32. Section 20-7-780 of the 1976 Code, as last amended by Section 286, Act 181 of 1993, is further amended to read:

"Section 20-7-780. (A) The court shall make and keep records of all cases brought before it the court and shall devise and cause to be printed forms for social and legal records and other papers as may be required. The official juvenile records of the courts and the Department of Juvenile Justice are open to inspection only by consent of the judge to persons having a legitimate interest but always must be available to the legal counsel of the juvenile. All information obtained and social records prepared in the discharge of official duty by an employee of the court or Department of Juvenile Justice is confidential and must not be disclosed directly or indirectly to anyone, other than the judge or others entitled under this chapter to receive this information unless otherwise ordered by the judge. However, these records are open to inspection without the consent of the judge where the records:

(1) are necessary to defend against an action initiated by a juvenile.; or

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

(b) a crime in which an illegal weapon was used;

(c) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or

(d) an alcohol-related offense for which the penalty is more than one year.

(B) The When a juvenile is charged with a violent crime as defined in Section 16-1-60 or with a crime in which an illegal weapon was used, the Department of Juvenile Justice, if requested, shall provide the victim of a violent the crime, as defined in Section 16-1-60, with the name and other basic descriptive information about the juvenile charged with the crime and with information about the juvenile justice system, and the status and disposition of the delinquency action, including hearing dates, times, and locations, and with information concerning services available to victims of juvenile crime. The name, identity, or picture of a child under fourteen years of age who is under the jurisdiction of the court, pursuant to this chapter, must not be made public by a newspaper, radio, or television station except as authorized by order of the court or if the juvenile is charged with:

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

(2) a crime in which an illegal weapon was used;

(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44;

(4) an alcohol-related offense for which the penalty is more than one year; or

(5) being a Peeping Tom as defined in Section 16-17-470. That treatment be mandated for persons convicted.

(C) A juvenile charged with committing a violent offense as defined in Section 16-1-60, or charged with committing grand larceny of a motor vehicle, may be fingerprinted by the law enforcement agency who takes the juvenile into custody if the juvenile is charged with:

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

(2) grand larceny of a motor vehicle;

(3) a crime in which an illegal weapon was used;

(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or

(5) an alcohol-related offense for which the penalty is more than one year.

(D) A juvenile charged with committing a nonviolent an offense other than those enumerated in subsection (C) or a status offense must may not

(1) a violent offense, as defined in Section 16-1-60,; or

(2) grand larceny of a motor vehicle;

(3) a crime in which an illegal weapon was used;

(4) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or

(5) an alcohol-related offense for which the penalty is more than one year.

The fingerprint records of a juvenile who is not adjudicated delinquent for having committed (a) a violent offense, as defined in Section 16-1-60, or (b) grand larceny of a motor vehicle a crime enumerated in this subsection upon notification to law enforcement, must be destroyed or otherwise expunged by the law enforcement agency who took the juvenile into custody. The Department of Juvenile Justice may fingerprint and photograph a juvenile upon commitment to a juvenile correctional institution. Fingerprints and photographs taken by the Department of Juvenile Justice remain confidential and must may not be transmitted to the State Law Enforcement Division, the Federal Bureau of Investigation, or another agency or person, except for the purpose of aiding the department in apprehending an escapee from the department or assisting the Missing Persons Information Center in the location or identification of a missing or runaway child or except as otherwise provided for in this section."

SECTION 33. Section 20-7-1335 of the 1976 Code, as added by Act 108 of 1987, is amended to read:

"Section 20-7-1335. (A) A juvenile not previously adjudicated delinquent for committing an offense which would have been a crime if committed by an adult, who has been taken into custody, or charged with, or adjudicated delinquent for having committed a status offense or a nonviolent criminal offense, not prohibited in subsection (C) from being expunged, may petition the family court for an order destroying all official records relating to his being taken into custody, the charges filed against him, his the adjudication, and the disposition. The granting of the order is discretionary with the court. However, the court may not grant the order unless it finds that the person who is seeking to have his these records destroyed is at least eighteen years of age, has fully and

(B) For purposes of this section, an adjudication is considered a previous adjudication only if it occurred prior to before the date the subsequent offense was committed.

(C) Under no circumstances is a person allowed to expunge from his record an adjudication for having committed:

(1) a violent crime, as that term is defined in Section 16-1-60; (2) a crime in which an illegal weapon was used;

(3) distribution or trafficking in unlawful drugs as defined in Article 3, Chapter 53, Title 44; or

(4) an alcohol-related offense for which the penalty is more than one year unless the person is not more than twenty-five years of age and has not been adjudicated delinquent or convicted of an offense described in this subsection within the preceding six years.

(D) If the order is granted by the court, no evidence of the records may be retained by any a law enforcement agency or by any a municipal, county, or state agency or department. The effect of the order is to restore the person in the contemplation of the law to the status he the person occupied before he was being taken into custody. No person to whom the order has been entered may be held thereafter under any provision of any law to be guilty of perjury or otherwise giving false statement by reason of his the person's failure to recite or acknowledge the charge or adjudication in response to an inquiry made of him the person for any purpose."

SECTION 34. Section 20-7-3300 of the 1976 Code, as last amended by Section 328, Act 181 of 1993, is further amended to read:

"Section 20-7-3300. Records and information of the department pertaining to juveniles are confidential as provided in Section 20-7-780. However, where necessary and appropriate to ensure the provision and coordination of services and assistance to a juvenile under the custody or supervision of the department, the director must establish policies by which the department may transmit information and records to another department, or agency, or school district of state or local government, or to a school district or to a private institution or facility licensed by the State as a child serving organization, where the information is required for admission or enrollment of the juvenile into a program of services, treatment, training, or education. If requested, records a juvenile has been adjudicated and committed to the Department of Juvenile Justice for having committed:

(4) an alcohol-related offense for which the penalty is more than one year, the record and information provided to a public or private school by the Department of Juvenile Justice must include in the case of an individual who has been adjudicated for having committed a violent crime, as defined in Section 16-1-60, the unlawful use of possession of a weapon, assault and battery of a high and aggravated nature, or the unlawful sale of drugs whether or not it is considered to be drug trafficking, a copy of, and, if requested, information pertaining to that person's juvenile criminal record. A request for The department must provide the information must be in writing from to the principal of the school the juvenile is attending or seeking to attend and must contain the juvenile's name, address, and social security number as contained in the records of the school district. If a juvenile has been adjudicated and committed to the Department of Juvenile Justice for such an offense enumerated in this section, the person's juvenile criminal record must be provided by the Department of Juvenile Justice to the principal of the school which the juvenile is eligible to attend immediately upon the person's release from the Department of Juvenile Justice. Each school district is responsible for developing a policy for schools to follow within the district which ensures that the confidential nature of these records and of the other information received is maintained. This policy must include at a minimum the retention of the juvenile's criminal record, and other information relating to his criminal record, in the juvenile's school disciplinary file, or in some other confidential location, restricting access to the file and to its contents to school personnel as considered necessary and appropriate to meet and adequately address the educational needs of the juvenile and for the destruction of these records upon the juvenile's completion of secondary school, or upon reaching twenty-one years of age."

SECTION 35. All references in this part to a violent crime as defined in Section 16-1-60 of the 1976 Code is the definition existing on this part's effective date or the definition as may be amended after this part's effective date.

SECTION 36. Section 17-22-60 of the 1976 Code, as last amended by Act 499 of 1992, is further amended to read:

"Section 17-22-60. (A) Intervention shall be is appropriate only where:

(2)(1) there is substantial likelihood that justice will be served if the offender is placed in an intervention program;

(3)(2) it is determined that the needs of the offender and the State can better be met outside the traditional criminal justice process;

(4)(3) it is apparent that the offender poses no threat to the community;

(5)(4) it appears that the offender is unlikely to be involved in further criminal activity;

(6)(5) the offender, in those cases where it is required, is likely to respond quickly to rehabilitative treatment;

(7)(6) the offender has no significant history of prior delinquency or criminal activity.;

(8)(7) The offender has not previously been accepted in a pretrial intervention program.

(B) When jurisdiction in a case involving a child sixteen years of age or older is acquired by the circuit court pursuant to Section 14-21-540 of the 1976 Code, the provision of item (1) of subsection (A) of this section shall not be applicable."

SECTION 37. This part takes effect on July 1, 1994, except the following sections in this part take effect July 1, 1995:

(1) Section 5;

(2) Section 11;

(3) Section 13;

(4) Sections 59-66-20, 59-66-30, 59-66-50 and 59-66-60, as added to the 1976 Code by Section 14;

(5) Sections 22, 23, 24, 25, and 26;

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

Amend title to conform.

Rep. HODGES explained the amendment.

The amendment was then adopted.

Rep. WILKINS proposed the following Amendment No. 6 (Doc Name L:\council\legis\amend\JIC\6121DW.94).

Amend the bill, as and if amended, by designating SECTIONS 1 through 40 as Part I.

Amend further, page 26, line 14, by inserting after /parole./ /However, an individual convicted of the crimes listed in this section, as well as those

Amend further, page 26, line 18, by striking /act/ and inserting /part/.

Amend further, by adding:

SECTION 1. The 1976 Code is amended by adding:

"Section 24-13-100. Notwithstanding another provision of law, no prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including those prisoners serving time in a local facility pursuant to a designated facility agreement authorized by Section 24-3-20, is eligible for work release until the prisoner has served not less than:

(1) seventy percent of the term of imprisonment imposed if the prisoner committed a `violent' crime as defined under Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or

(2) sixty percent of the term of imprisonment imposed if the prisoner is considered `nonviolent' as defined under Section 16-1-70."

SECTION 2. The 1976 Code is amended by adding:

"Section 24-13-150. Notwithstanding another provision of law, a prisoner convicted of an offense against this State and sentenced to the custody of the Department of Corrections, including a prisoner serving time in a local facility pursuant to a designated facilities agreement authorized by Section 24-3-20, is not eligible for early release, discharge, or community supervision until the prisoner has served:

(1) eighty percent of the term of imprisonment imposed if the offender committed a `violent' crime as defined in Section 16-1-60, irrespective of whether the prisoner is considered a violent offender; or

(2) seventy percent of the term of imprisonment imposed if the offender is considered `nonviolent' as defined in Section 16-1-70.

(3) These percentages must be calculated without the application of earned work credits, education credits, and good time credits."

SECTION 3. The 1976 Code is amended by adding:

"Section 24-13-175. Notwithstanding another provision of law, sentences imposed and time served must be computed based upon a three hundred and sixty-five day year."

SECTION 4. The 1976 Code is amended by adding:

"Section 24-21-560. All prisoners who commit a crime on or after July 1, 1995, must satisfactorily complete a community supervision program operated by the Department of Probation and Community Supervision. This program must last no more than two years at the sole discretion of the department. No civil liability shall attach to the

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