2001-2002 Bill 124: Youthful Offender, Person Under Seventeen Who Commits Nonviolent Crime

1 BIL: 124 2 TYP: General Bill GB 3 INB: Senate 4 IND: 20010111 5 PSP: Holland 6 SPO: Holland 7 DDN: l:\s-jud\bills\holland\jud0010.dhh.doc 8 RBY: House 9 COM: Judiciary Committee 25 HJ 10 SUB: Youthful offender, person under seventeen who commits nonviolent crime 11 that is Class D felony; Minors, Juvenile Justice 12 13 14 15 HST: 16 17 Body Date Action Description Com Leg Involved 18 ______19 House 20010501 Introduced, read first time, 25 HJ 20 referred to Committee 21 Senate 20010427 Read third time, sent to House 22 Senate 20010426 Read second time, unanimous consent 23 for third reading on Friday 24 20010427 25 Senate 20010425 Committee report: Favorable 11 SJ 26 Senate 20010301 Committed to Committee 11 SJ 27 Senate 20010301 Recalled from Committee 03 SCP 28 Senate 20010111 Introduced, read first time, 03 SCP 29 referred to Committee 30 31 32 33 Versions of This Bill 34 35 36 Revised on 20010425 37 38 39 TXT: 1 Indicates Matter Stricken 2 Indicates New Matter 3 4 COMMITTEE REPORT 5 April 25, 2001 6 7 S. 124 8 Introduced by Senator Holland 9 10 S. Printed 4/25/01--S. 11 Read the first time January 11, 2001. 12 13 14 THE COMMITTEE ON JUDICIARY 15 To whom was referred a Bill (S. 124) to amend Section 16 24-19-10, Code of Laws of South Carolina, 1976, relating to the 17 corrections and treatment of youthful offenders, etc., respectfully 18 REPORT: 19 That they have duly and carefully considered the same and 20 recommend that the same do pass: 21 22 LUKE RANKIN for Committee. 23 24 25 STATEMENT OF ESTIMATED FISCAL IMPACT 26 ESTIMATED FISCAL IMPACT ON GENERAL FUND 27 EXPENDITURES: 28 $0 (No additional expenditures or savings are expected) 29 ESTIMATED FISCAL IMPACT ON FEDERAL & OTHER 30 FUND EXPENDITURES: 31 $0 (No additional expenditures or savings are expected) 32 EXPLANATION OF IMPACT: 33 The SC Department of Corrections forecasts no fiscal impact to 34 the General Fund of the State with the passage of the proposed 35 legislation. 36 37 Approved By: 38 Don Addy 39 Office of State Budget 40

1 [124-1] 1 2 3 4 5 6 7 8 9 A BILL 10 11 TO AMEND SECTION 24-19-10, CODE OF LAWS OF SOUTH 12 CAROLINA, 1976, RELATING TO THE CORRECTIONS AND 13 TREATMENT OF YOUTHFUL OFFENDERS, SO AS TO 14 PROVIDE THAT A YOUTHFUL OFFENDER INCLUDES A 15 PERSON UNDER SEVENTEEN YEARS OF AGE WHO HAS 16 COMMITTED A NONVIOLENT CRIME THAT IS A CLASS D 17 FELONY. 18 19 Be it enacted by the General Assembly of the State of South 20 Carolina: 21 22 SECTION 1. Section 24-19-10 of the 1976 Code is amended to 23 read: 24 25 “Section 24-19-10. As used herein: 26 (a) ‘Department’ means the Department of Corrections. 27 (b) ‘Division’ means the Youthful Offender Division. 28 (c) ‘Director’ means the Director of the Department of 29 Corrections. 30 (d) ‘Youthful offender’ means an offender who is: 31 (i) under seventeen years of age and has been bound over 32 for proper criminal proceedings to the court of general sessions 33 pursuant to Section 20-7-7605 for allegedly committing an offense 34 that is not a violent crime, as defined in Section 16-1-60, and that 35 is a misdemeanor, a Class D, Class E, or Class F felony, as defined 36 in Section 16-1-20, or a felony which provides for a maximum 37 term of imprisonment of less than fifteen years fifteen years or 38 less, or 39 (ii) who is seventeen but less than twenty-five years of age at 40 the time of conviction for an offense that is not a violent crime, as 41 defined in Section 16-1-60, and that is a misdemeanor, a Class D,

1 [124] 1 1 Class E, or Class F felony, or a felony which provides for a 2 maximum term of imprisonment of fifteen years or less. 3 (e) ‘Treatment’ means corrective and preventive guidance and 4 training designed to protect the public by correcting the antisocial 5 tendencies of youthful offenders,; this may also include vocational 6 and other training deemed fit considered appropriate and necessary 7 by the Division division. 8 (f) ‘Conviction’ means a judgment in a verdict or finding of 9 guilty, plea of guilty, or plea of nolo contendere to a criminal 10 charge where the imprisonment may be is at least one year, but 11 excluding all offenses in which the maximum punishment 12 provided by law is death or life imprisonment.” 13 14 SECTION 2. This act takes effect upon approval by the 15 Governor. 16 ----XX----

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