reglab/statecodes huggingface dataset:
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-30. Other state agencies; preexisting obligations.

(A) It is the duty of other state agencies providing financial assistance and other children's services related to the purposes of this chapter to cooperate with the department in carrying out its responsibilities to children and their families.
(B) Nothing in this chapter may be construed to relieve a state or local unit of government of any preexisting legal obligation to provide payments, services, or facilities.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-320. Director; removal of director; bond.

(A) The Governor shall appoint a director of the department with the advice and consent of the Senate who shall possess qualifications necessary to manage the affairs of the department. If a vacancy occurs in the office when the Senate is not in session, the Governor may appoint a director to fill the vacancy until the Senate acts upon the appointment.
(B) The director is subject to removal by the Governor as provided for in Section 1-3-240.
(C) The director must execute a good and sufficient bond payable to the State in the sum of fifty thousand dollars, conditioned for the faithful performance of the duties of the director's office and the accurate accounting for all monies and property coming into the director's hands. The bond must be executed by a surety company authorized to do business under the laws of this State, and the premium on the bond must be paid by the State out of the department's appropriations.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-330. Policy-setting responsibilities of director; executive responsibilities of director.

(A) The director is the chief executive officer of the department. The director may appoint and employ officers and employees necessary to perform the duties and responsibilities of the department and shall ensure that the department's organizational structure differentiates between separate divisions, the community-based services and institutional services of the department.
(B) The director is vested with the exclusive responsibility for policy of the department to carry out the responsibilities, duties, and privileges provided for in this chapter.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-340. Annual report.

An annual report of the department must be prepared by the director which shall include an account of all funds received and expended, persons served by the department including a report of the state and condition of the correctional institutions, and community programs operated by the department.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-370. Interdepartmental agreements; retention of grant revenues.

The department may enter into agreements with the governing bodies of other state departments or institutions for the purpose of effecting a more efficient and economical management of any institution or program under its supervision. The department is authorized to make contracts and expend public funds as required to carry out the functions prescribed for it in this chapter within the limits of appropriated funds.
All revenues generated from United States Department of Agriculture grants, the Education Finance Act, the Detention Center, and Medicaid federal funding may be retained, carried forward, and expended by the Department of Juvenile Justice, in accordance with applicable regulations, for the costs associated with related programs.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 353, Section 2, Pt 28A.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-390. Peace officers and constables.

Juvenile correctional employees of the department, while performing their officially assigned duties relating to the custody, control, transportation, or recapture of a juvenile offender within the jurisdiction of the department, and other employees of the department authorized by the director to perform similar functions as part of their official duties, have the status of peace officers anywhere in this State in a matter relating to the custody, control, transportation, or recapture of the juvenile. Employees of the department's Division of Public Safety, on proper training and certification from the Criminal Justice Academy and after having taken the oath of office prescribed by law and the Constitution of this State, must continue to be commissioned as state constables pursuant to Section 23-1-60.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-410. Fees.

(A) The department may charge and collect fees for evaluation and treatment services provided for a person referred or temporarily committed to its facilities either at the evaluation center in Columbia or any center or other facility of the department. Fees may be charged to a parent or guardian or to the public or private agency responsible for the temporary commitment or referral. In cases where insurance coverage is available, fees of treatment or evaluation may be charged to the insurer. No fees may be charged to a person who is finally committed to a custodial facility of the department, and no person may be denied treatment or evaluation services because of inability to pay for the services.
(B) The director shall approve and periodically review, a schedule of maximum charges for the services of the department, including residential care. The department shall adopt procedures to determine ability to pay and may authorize its designees to reduce or waive charges based upon their findings. No charge for services rendered by the department may exceed the actual cost of the services at the facility rendering the services.
(C) The department shall establish a hearing and review procedure so that parents or legal guardians of a person under the department's jurisdiction may appeal charges made for services or may present to the departmental officials information or evidence which, in their opinion, needs to be considered in establishing charges.
(D) The department may utilize all legal procedures to collect lawful claims. All funds collected pursuant to this section must be deposited with the State Treasurer for use of the department in defraying the cost of services for which the fees may be collected.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-420. Natural resource sales.

The director is authorized to sell mature trees, other timber, and farm products and commodities from lands owned by the department. Before the sale of timber, the director shall consult with the State Forester to determine the economic feasibility of and obtain approval for the sales. Funds derived from the sales must be credited to the account of the department to be used for capital improvements subject to the approval of the State Fiscal Accountability Authority or Department of Administration, as appropriate.
HISTORY: 2008 Act No. 361, Section 2.
Code Commissioner's Note
At the direction of the Code Commissioner, references in this section to the offices of the former State Budget and Control Board, Office of the Governor, or other agencies, were changed to reflect the transfer of them to the Department of Administration or other entities, pursuant to the directive of the South Carolina Restructuring Act, 2014 Act No. 121, Section 5(D)(1), effective July 1, 2015.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-430. Bumper sticker sales.

The department may print or purchase for resale bumper stickers and other informational material prepared to publicize and educate the public concerning activities of the department. All these materials must have "South Carolina" inscribed on the material. After the costs of the materials have been recovered, all proceeds from the sale of the materials must be deposited in the student welfare fund of the department and used for the purposes prescribed for that fund.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-460. Voluntary participation in program.

(A) A juvenile may participate in the Youth Industries Program established pursuant to Section 63-19-450 only on a voluntary basis and only after the juvenile has been informed of the conditions of the employment.
(B) A juvenile participating in the Youth Industries Program:
(1) providing services to private industry must be compensated commensurate with the prevailing wage for work of a similar nature in the private sector;
(2) is not considered an employee of the State and is not eligible for unemployment compensation upon termination from the program; however, a juvenile is entitled to all other work benefits, including worker's compensation or its equivalent.
(C) The wages of a juvenile authorized to work in the Youth Industries Program, if paid other than by the department, must be paid directly to the Department of Juvenile Justice and credited to the juvenile's account. If the wages are paid by an entity other than the department, these wages must be paid directly to the department, and the department shall credit the wages to the juvenile's account. The director must deduct from wages paid to a juvenile:
(1) state, federal, and local taxes;
(2) allocations for support of children pursuant to law, court order, or agreement by the committed juvenile; and
(3) contributions to any fund established by law to compensate the victims of crime of not more than twenty percent and not less than five percent of gross wages.
These deductions may not exceed eighty percent of gross wages.
(D) Juvenile participation in the Youth Industries Program must not result in the displacement of employed workers in the State and must not impair existing contracts.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-470. Sale of goods prohibited.

It is unlawful to sell or offer for sale on the open market of this State goods, wares, or merchandise manufactured or produced wholly or in part by juvenile offenders in this or another state. However, this subsection does not apply to:
(1) articles produced by juveniles on parole or probation or in community supervision;
(2) products sold by the Department of Juvenile Justice made by juveniles in its arts and crafts programs;
(3) articles or products sold to nonprofit corporations incorporated under Article 1, Chapter 31, Title 33 or to organizations operating in this State which have been granted an exemption under Section 501(c) of the Internal Revenue Code of 1986;
(4) articles or products made in the Youth Industries Program pursuant to Section 63-19-450, through contracts with private sector businesses which provide work and vocational training opportunities for juvenile offenders with physical or mental disabilities or who are persons with intellectual disability if the compensation is paid by the private sector business to the juvenile offender on a piece rate basis;
(5) products sold intrastate or interstate produced by juveniles employed in the Youth Industries Program;
(6) services provided by juveniles in the Youth Industries Program including, but not limited to, restoration and reconditioning activities, the packaging and handling of goods, wares, or merchandise, or the dismantling and reassembling of products.
HISTORY: 2008 Act No. 361, Section 2.
Code Commissioner's Note
Pursuant to 2011 Act No. 47, Section 14(B), the Code Commissioner substituted "intellectual disability" for "mentally retarded" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-480. Compensation of victims of crime fund.

There is created a fund within the Department of Juvenile Justice for the compensation of victims of crime. All contributions deducted from a juvenile's wages pursuant to Section 63-19-450(E)(3) or 63-19-460(C)(3) must be deposited into this fund. Of the amount contributed to the fund by each juvenile, ninety-five percent must be paid by the department on behalf of the juvenile as restitution to the victim or victims of the juvenile's adjudicated crime as ordered by the family court or the releasing entity, and five percent must be submitted to the Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation, Victim Compensation Fund. If the amount of restitution ordered has been paid in full or if there is no victim of the juvenile's adjudicated crime, the juvenile's contributions must be submitted to the Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation, Victim Compensation Fund.
HISTORY: 2008 Act No. 361, Section 2; 2017 Act No. 96 (S.289), Section 11, eff July 1, 2017.
Effect of Amendment
2017 Act No. 96, Pt. II, Section 11, substituted "Office of the Attorney General, South Carolina Crime Victim Services Division, Department of Crime Victim Compensation, Victim Compensation Fund" for "South Carolina Victims' Compensation Fund" twice.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-490. Authority to promulgate regulations.

The Department of Juvenile Justice in consultation with this state's regulatory agencies may promulgate regulations which are necessary to implement Sections 63-19-450 and 63-19-460.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-610. Board.

(A)(1) There is created the Board of Juvenile Parole. The parole board is composed of seven members appointed by the Governor with the advice and consent of the Senate. In making these appointments, the Governor shall select members who are representative of the racial, gender, and geographical diversity of the State. If a vacancy occurs on the parole board when the Senate is not in session, the Governor may appoint a member to fill the vacancy and the appointee is a de facto member until the Senate acts upon the appointment.
(2) The Department of Juvenile Justice shall continue to provide to the Board of Juvenile Parole the budgetary, fiscal, personnel, and training information resources and other support considered necessary by the parole board to perform its mandated functions.
(B) Members of the parole board shall serve four-year terms and until their successors are appointed and qualify and these terms expire on June thirtieth of the appropriate year.
(C) No member may be reappointed to the parole board until two years after the expiration of a full four-year term.
HISTORY: 2008 Act No. 361, Section 2; 2012 Act No. 279, Section 31, eff June 26, 2012.
Editor's Note
2012 Act No. 279, Section 33, provides as follows:
"Due to the congressional redistricting, any person elected or appointed to serve, or serving, as a member of any board, commission, or committee to represent a congressional district, whose residency is transferred to another district by a change in the composition of the district, may serve, or continue to serve, the term of office for which he was elected or appointed; however, the appointing or electing authority shall appoint or elect an additional member on that board, commission, or committee from the district which loses a resident member as a result of the transfer to serve until the term of the transferred member expires. When a vacancy occurs in the district to which a member has been transferred, the vacancy must not be filled until the full term of the transferred member expires. Further, the inability to hold an election or to make an appointment due to judicial review of the congressional districts does not constitute a vacancy."
Effect of Amendment
The 2012 amendment rewrote subsection (A).
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-630. Officers; rules and procedures.

The parole board shall elect from among its members a chairman who shall serve a one-year term and who may not succeed himself as chairman. The parole board may elect a vice-chairman and secretary and shall fix the time and place of meetings. Rules and procedures for parole board meetings, as considered advisable, must be adopted by the parole board. Six members of the parole board constitute a quorum for the transaction of business.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-640. Compensation.

The members of the parole board must be reimbursed for actual expenses incurred in attending parole board meetings and shall receive as compensation the same per diem as provided by law for members of state boards, committees, and commissions.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-830. Detention hearings; screenings.

(A) If the officer who took the child into custody has not released the child to the custody the child's parents or other responsible adult, the court shall hold a detention hearing within forty-eight hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays. At this hearing, the authorized representative of the department shall submit to the court a report stating the facts surrounding the case and a recommendation as to the child's continued detention pending the adjudicatory and dispositional hearings. The court shall appoint counsel for the child if none is retained. No child may proceed without counsel in this hearing, unless the child waives the right to counsel and then only after consulting at least once with an attorney. At the conclusion of this hearing, the court shall determine whether probable cause exists to justify the detention of the child and the appropriateness of, and need for, the child's continued detention. If continued detention of a juvenile is considered appropriate by the court and if a juvenile detention facility exists in that county which meets state and federal requirements for the secure detention of juveniles or if that facility exists in another county with which the committing county has a contract for the secure detention of its juveniles and if commitment of a juvenile by the court to that facility does not cause the facility to exceed its design and operational capacity, the family court shall order the detention of the juvenile in that facility. A juvenile must not be detained in secure confinement in excess of ninety days except in exceptional circumstances as determined by the court. A detained juvenile is entitled to further and periodic review:
(1) within ten days following the juvenile's initial detention hearing;
(2) within thirty days following the ten-day hearing; and
(3) at any other time for good cause shown upon motion of the child, the State, or the department.
If the child does not qualify for detention or otherwise require continued detention under the terms of Section 63-19-820(A) or (B), the child must be released to a parent, guardian, or other responsible person.
(B) A juvenile ordered detained in a facility must be screened within twenty-four hours by a social worker or if considered appropriate by a psychologist in order to determine whether the juvenile is emotionally disturbed, mentally ill, or otherwise in need of services. The services must be provided immediately.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-840. Detention homes; temporary care and custody.

Provisions must be made for a detention home or homes for the temporary detention of children to be conducted by the court or, subject to the approval and supervision of the court, by an appropriate public agency; or the court may arrange for the use of private homes for detention, subject to the supervision of the court or other agency, or may arrange with an institution or agency to receive for temporary care and custody children within the jurisdiction of the court.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-850. Transportation to detention facility.

No child may be transported to a juvenile detention facility in a police vehicle which also contains adults under arrest. When a child is to be transported to or from a juvenile detention facility following a detention screening review conducted by the Department of Juvenile Justice or after a detention order has been issued by the court, the local law enforcement agency which originally took the child into custody shall transport this child to or from the juvenile detention facility. Transportation of juveniles between department facilities, if necessary, is the responsibility of the department.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1010. Intake and probation.

(A) 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 in cooperation with all local officials or agencies concerned. The role and function of intake is to independently assess the circumstances and needs of children referred for possible prosecution in the family court. Recommendations by the department as to intake must be reviewed by the office of the solicitor in the circuit concerned, and the final determination as to whether or not the juvenile is to be prosecuted in the family court must be made by the solicitor or by the solicitor's authorized assistant. Statements of the juvenile contained in the department's files must not be furnished to the solicitor's office as part of the intake review procedure, and the solicitor's office must not be privy to these statements in connection with its intake review.
(B) Where circumstances do not warrant prosecution in the discretion of the solicitor, the intake counselor shall offer referral assistance for services as appropriate for the child and family. In the event that a juvenile is adjudicated to be delinquent or found by the family court to be in violation of the terms of probation, the intake counselor shall offer appropriate dispositional recommendations to the family court for its consideration and determination of the disposition of the case.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1020. Instituting proceedings.

The parent or custodian of a child, an official of a child welfare board, a public official charged by law with the care of the poor, the recognized agents of an agency, association, society, or institution, a person having knowledge or information of a nature which convinces the person that a child is delinquent or that a child, by reason of his own acts in accordance with this chapter, is subject to the jurisdiction of the court, any person who has suffered injury through the delinquency of a child, or an officer having an arrested child in charge, may institute a proceeding respecting the child.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1040. Indigent defense.

Notwithstanding Title 17, Chapter 3, Defense of Indigents, in determining indigence for the purpose of appointing legal counsel for a child in a delinquency proceeding, the court shall determine the financial ability of the child's parents to retain counsel for the child. If the court determines that the parents are able to retain counsel for the child but the parents refuse to retain counsel and the court appoints counsel, the court may order the parents to reimburse the Indigent Defense Fund or pay the court-appointed attorney in an amount to be determined by the court.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1430. Youth Mentor Act.

(A) This section may be cited as the "Youth Mentor Act".
(B) The Attorney General's Office shall establish a Youth Mentor Program to serve juvenile offenders under the jurisdiction of the family court. The program shall consist of a church mentor program and a community mentor program. Participation in the program may be required as a pretrial diversion option by a solicitor or as an optional, alternative disposition by a family court judge. The circuit solicitor may charge a juvenile offender who participates in the Youth Mentor Program a fee to offset the actual cost of administering the program; however, no juvenile offender is barred from the program because of indigence. This program must be available for juveniles who commit nonviolent offenses. For purposes of this subsection, nonviolent offenses mean all offenses not listed in Section 16-1-60.
(C) When a child is charged with a nonviolent offense which places him under the jurisdiction of the family court and the solicitor is of the opinion that justice would be better served if the child completed a church mentor program, the solicitor may divert the child to such a program. Upon completion of the program, the proceedings in family court must be dismissed.
Participation in the church mentor program is voluntary, and the child or his parents or guardians may refuse to participate based upon their religious beliefs or for any other reason.
The Attorney General must establish guidelines for the program, the mentors, and the churches, mosques, masjids, synagogues, and other religious organizations that participate in the church mentor program.
(D) When a child is adjudicated delinquent for a nonviolent offense in family court, the family court judge may order the child to participate in the community mentor program. When a child is ordered to participate in the community mentor program, he must be assigned to a community organization which shall assign a mentor to the child. The mentor shall monitor the academic and personal development of the child for a minimum period of six months and a maximum period not exceeding one year as ordered by the court. Failure to complete the program shall result in the child being brought before the family court for appropriate sanctions or revocation of suspended commitment.
The Attorney General must establish guidelines for the program, the mentors, and the community organizations that participate in the community mentor program.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1435. Use of restraints on juveniles in court.

(A) If a juvenile appears before the court wearing instruments of restraint, such as handcuffs, chains, irons, or straightjackets, the court in any proceeding may not continue with the juvenile required to wear instruments of restraint unless the court first finds that:
(1) the use of restraints is necessary due to one of the following factors:
(a) the juvenile poses a threat of serious harm to himself or others;
(b) the juvenile has a demonstrable recent record of disruptive courtroom behavior that has placed others in potentially harmful situations; or
(c) there is reason to believe the juvenile is a flight risk; and
(2) there are no less restrictive alternatives to restraints that will prevent flight or physical harm to the juvenile or another person, including, but not limited to, court personnel, law enforcement officers, or bailiffs.
(B) The court shall provide the juvenile's attorney an opportunity to be heard before the court orders the use of restraints. If restraints are ordered, the court shall make findings of fact in support of the order.
HISTORY: 2014 Act No. 186 (S.440), Section 1, eff June 2, 2014.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1450. Commitment of juvenile with mental illness or mental retardation.

(A) No juvenile may be committed to an institution under the control of the Department of Juvenile Justice who is seriously handicapped by mental illness or retardation. If, after a juvenile is referred to the Reception and Evaluation Center, it is determined that the juvenile is mentally ill, as defined in Section 44-23-10, or a person with intellectual disability to an extent that the juvenile could not be properly cared for in its custody, the department through the voluntary admission process or by instituting necessary legal action may accomplish the transfer of the juvenile to another state agency which in its judgment is best qualified to care for the juvenile in accordance with the laws of this State. This legal action must be brought in the juvenile's resident county. The department shall establish standards with regard to the physical and mental health of juveniles whom it can accept for commitment.
(B) When the state agency to which a juvenile is transferred determines that it is appropriate to release from commitment that juvenile, the state agency must submit a request for release to the releasing entity. If the releasing entity does not grant the request to release the juvenile, the juvenile must be placed in an environment consistent with the provisions of this section.
(C) If a juvenile transferred to another state agency pursuant to this section is absent from a treatment facility without proper authorization, any state or local law enforcement officer upon the request of the director, or a designee, of the state agency to which the juvenile has been transferred and without the necessity of a warrant or a court order, may take the juvenile into custody and return the juvenile to the facility designated by the agency director or the designee.
HISTORY: 2008 Act No. 361, Section 2.
Code Commissioner's Note
Pursuant to 2011 Act No. 47, Section 14(B), the Code Commissioner substituted "intellectual disability" for "mentally retarded" and "person with intellectual disability" or "persons with intellectual disability" for "mentally retarded".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1460. Conveyance by sheriff.

A child committed under the terms of this chapter must be conveyed by the sheriff, deputy sheriff, or persons appointed by the sheriff of the county in which the child resides to the custody of the department, and the expense of the conveyance and delivery must be borne by the county. The committing judge may order that the child be transferred to the custody of the department without the attendance of an officer or in a manner as may be advisable.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1610. Exclusive care; payment by local governments for use of facilities.

From the time of lawful reception of a child by the Department of Juvenile Justice and during the child's stay in custody in a correctional institution, facility, or program operated by the department, the child shall be under the exclusive care, custody, and control of the department. All expenses must be borne by the State except local governments utilizing the juvenile detention services provided by the Department of Juvenile Justice must pay the department a per diem of fifty dollars a day per child. The department may apply the remainder of the funds generated by this item, if any, to operational or capital expenses associated with juvenile services provided by the department. If adequate funding is not received, the department shall have flexibility to use funds from other programmatic areas to maintain an appropriate level of service.
HISTORY: 2008 Act No. 361, Section 2; 2008 Act No. 353, Section 2, Pt 28D.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1620. Further care; education.

From the time of the lawful reception of a child into custody by the department and during the period of the custody, the department shall provide for, either solely or in cooperation with other agencies, the care, custody, and control of the child, as well as make available instruction as may be suited to the child's years and capacity that will enable the child to learn a useful trade.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1640. Furloughs.

The department may grant furloughs, not to exceed thirty days, under prescribed conditions to children domiciled in its custody unaccompanied by a custodial agent. Failure by the child to return from a furlough as directed must be deemed an escape.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1650. Youthful Offender Division transfer.

(A) The Department of Juvenile Justice, when authorized by an order of a circuit judge, must, after notice to the Department of Corrections, temporarily shall transfer to the custody of the Youthful Offender Division a child who has been committed to the custody of the department who is more than seventeen years of age and whose presence in the custody of the Department of Juvenile Justice appears to be seriously detrimental to the welfare of others in custody. The director of the Department of Corrections shall receive these children and shall properly care for them. Each child transferred to the Youthful Offender Division is subject to all the rules and discipline of the division. Children transferred to the Youthful Offender Division pursuant to this section are under the authority of the division but are subject to release Board of Juvenile Parole.
(B) The Youthful Offender Division at least quarterly shall recommend to the parole board possible release of each child transferred to the department or the child's return to institutions of the Department of Juvenile Justice.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1660. Interference.

(A) It is unlawful for a person to:
(1) cause, aid, encourage, or influence a child who is a ward of the Department of Juvenile Justice to:
(a) enter or remain in a house of prostitution or a house or lodging place used for immoral purposes or gambling place;
(b) violate a law of this State or ordinance of a city;
(c) indulge in vicious or immoral conduct; or
(d) violate the child's conditional release or run away from the supervision of the Department of Juvenile Justice.
(2) harbor a child who has escaped from authorities or who is running away from their supervision.
(B) A person who violates this section is guilty of a misdemeanor and, upon conviction, must be fined not more than five hundred dollars or imprisoned for not more than six months, or both.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1670. Contraband.

(A) While on the institutional grounds of the department, it is unlawful to furnish, attempt to furnish, or to possess with the intent to furnish, contraband to a juvenile committed to the custody of the Department of Juvenile Justice. "Juvenile", for purposes of this section, is defined as a person committed to the custody of the Department of Juvenile Justice. It is unlawful for a juvenile committed to the custody of the department to possess contraband.
(B) For purposes of this section, "contraband" is defined as:
(1) a device which may be used as a weapon including, but not limited to, firearms, knives, blades, clubs, or billies;
(2) drugs of any type or description including, but not limited to, marijuana, cocaine, and any other controlled substance as listed in Chapter 53 of Title 44, for which a juvenile does not possess a current lawful prescription;
(3) poisons or other dangerous chemicals which can cause injury or death;
(4) flammable liquids of any type including, but not limited to, gasoline, kerosene, or lighter fluid;
(5) any type of alcohol and any liquid containing any concentration of intoxicating alcohol;
(6) keys, locks, or tools of any description not officially issued to the juvenile by the department; or
(7) any additional items determined to be contraband by the Director of the Department of Juvenile Justice.
(C) If the director determines any additional items to be contraband, a list of these items must be published and posted in conspicuous places so as to be seen readily by a person entering the institutional grounds or on the institutional grounds of the Department of Juvenile Justice.
(D) An adult found violating this section is guilty of a felony and, upon conviction, must be fined not less than one thousand dollars nor more than ten thousand dollars or imprisoned for not less than one year nor more than ten years, or both.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1680. Child support payments.

Whenever a child is committed by the court to custody other than that of the child's parents or is given medical, psychological, or psychiatric treatment under order of the court, the solicitor of the county where the child is a resident may petition the court to order the parent or parents of the child to pay child support when the child is committed to or detained in the custody of an approved local detention facility or the Department of Juvenile Justice. If the parents of the child are living apart, the court shall pursue child support payments from both parents. The court, after giving the parent a reasonable opportunity to be heard, may order the parent to pay, in the manner the court directs, in accordance with child support guidelines promulgated by the Department of Social Services to cover in whole or in part the support and treatment of the child. In making its determination whether to order child support, the court shall consider the conduct of the parent in supervising and providing care for the child. If the parent wilfully fails or refuses to pay the amount ordered, the court may proceed against the parent for contempt.
HISTORY: 2008 Act No. 361, Section 2.
ARTICLE 17
Parole and Aftercare
DERIVATION TABLE
Showing the sections in former Chapter 7, Title 20 from which the sections in this article were derived.
New
Section Former
Section 63-19-1810 20-7-8303 63-19-1820 20-7-8305 63-19-1830 20-7-8310 63-19-1840 20-7-8315 63-19-1850 20-7-8320 63-19-1860 20-7-8325 63-19-1870 20-7-8330 63-19-1880 20-7-8335
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1810. Determination of release.

(A) The release and revocation of release of juveniles adjudicated delinquent and committed to the department must be determined by:
(1) the department for juveniles adjudicated delinquent and committed after March 31, 2007, for an indeterminate period for a status offense or a misdemeanor, other than assault and battery of a high and aggravated nature or assault with intent to kill, and for juveniles who have violated probation for a status offense or a misdemeanor, other than assault and battery of a high and aggravated nature or assault with intent to kill;
(2) the Board of Juvenile Parole for juveniles adjudicated delinquent and committed for an offense other than an offense provided for in item (1).
(B) For purposes of this chapter, "releasing entity" means:
(1) the department for juveniles described in subsection (A)(1);
(2) the Board of Juvenile Parole for juveniles described in subsection (A)(2).
HISTORY: 2008 Act No. 361, Section 2.
Editor's Note
2010 Act No. 273, Section 7.B, provides:
"The common law offenses of assault and battery with intent to kill, assault with intent to kill, assault and battery of a high and aggravated nature, simple assault and battery, assault of a high and aggravated nature, aggravated assault, and simple assault are abolished for offenses occurring on or after the effective date of this act [June 2, 2010]."
2010 Act No. 273, Section 7.C, provides:
"Wherever in the 1976 Code of Laws reference is made to the common law offense of assault and battery of a high and aggravated nature, it means assault and battery with intent to kill, as contained in repealed Section 16-3-620, and, except for references in Section 16-1-60 and Section 17-25-45, wherever in the 1976 Code reference is made to assault and battery with intent to kill, it means attempted murder as defined in Section 16-3-29."
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1830. Legal representation before board.

The parole board shall permit legal representation of a juvenile who appears before it for the purpose of parole or parole revocation. The department shall allocate funds to contract with a public defender corporation or similar type legal program for legal assistance for the purpose of appearing before the parole board for a juvenile who desires this service but who cannot either personally or through the juvenile's family afford the assistance.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1835. Compliance reductions for probationers and parolees.

The department may grant up to a ten-day reduction of the probationary or parole term to probationers and parolees who are under the department's supervision for each month they are compliant with the terms and conditions of their probation or parole order.
HISTORY: 2012 Act No. 227, Section 2, eff June 18, 2012.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1840. Aftercare investigations.

(A) The department shall conduct aftercare investigations to determine suitable placement for juveniles considered for conditional release from the correctional schools. The department also shall supervise the aftercare program, making revocation investigations and submitting findings to the releasing entity.
(B) The director and such staff as the director shall designate in the performance of their duties of investigation, counseling and supervision, and revocation investigations are considered official representatives of the releasing entity.
(C) The directors and their staff are subject to the regulations for parole and parole revocation promulgated by the releasing entity and shall meet with the releasing entity at its meetings when requested. Community-based counselors, or their supervisors, with assigned clients committed to institutions of the department shall periodically visit the institutions in order to counsel their clients and accomplish the duties as outlined in this subarticle.
(D) Recognizing the need to maintain autonomy and to provide a check and balance system, the parole board shall employ a director of parole and other staff necessary to carry out the duties of parole examinations, victim liaison, and revocation hearings. The director serves at the will and pleasure of the parole board. All staff are employees of the parole board and are directly responsible to the parole board both administratively and operationally. Funds allocated for the functions designated in this section must be incorporated as a line item within the department's budget and are subject to administrative control by the parole board.
(E) The department shall continue to provide the budgetary, fiscal, personnel, and training information resources and other support considered necessary by the parole board to perform its mandated functions.
HISTORY: 2008 Act No. 361, Section 2.
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1860. Conditional release violation.

(A) At any time during the period of conditional release, an aftercare counselor or the counselor's supervisor or a probation or parole agent may issue or cause to be issued a warrant for the juvenile to be taken into custody for violating any of the conditions of the release. A police officer or other officer with power to arrest, upon request of an aftercare counselor or a probation or parole agent, may take the juvenile into custody. The arresting officer shall obtain a warrant signed by the aftercare counselor or a probation or parole agent setting forth that the juvenile, in the counselor's judgment, violated the conditions of the release which is authority for the detention of the juvenile in an appropriate place of detention. If an aftercare release revocation is necessary, the aftercare counselor or a probation or parole agent shall submit in writing a thorough report to the releasing entity, showing in what manner the delinquent juvenile has violated the conditional release. A juvenile returned to the custody of a correctional school by aftercare revocation shall have a hearing or review of the juvenile's case by the releasing entity. The releasing entity is the final authority to determine whether or not the juvenile failed to abide by the aftercare rules and conditions of release.
(B) An aftercare counselor or probation or parole agent who has successfully completed Class I or II law enforcement officer training and received a certificate from the South Carolina Law Enforcement Training Council pursuant to the provisions of Chapter 23, Title 23 has the power, when commissioned by the department, to take a juvenile conditionally released from the custody of the department and subject to the jurisdiction of the releasing entity into custody upon the issuance of a warrant for violating the conditions of his release.
HISTORY: 2008 Act No. 361, Section 2; 2014 Act No. 225 (H.3958), Section 4, eff June 2, 2014.
Effect of Amendment
2014 Act No. 225, Section 4, in subsection (B), substituted "South Carolina Law Enforcement Training Council pursuant to the provisions of Chapter 23, Title 23" for "Department of Public Safety pursuant to the provisions of Article 9, Chapter 6 of Title 23".
2023 South Carolina Code of Laws › Title 63 - South Carolina Children's Code › Chapter 19 - Juvenile Justice Code › Section 63-19-1870. Revocation of conditional release.

The order of revocation of a conditional release may be issued and made effective after the period of aftercare supervision prescribed in the release has expired when the violations of the conditions or release occurred during the aftercare supervision period.
HISTORY: 2008 Act No. 361, Section 2.