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FEDERAL FISCAL YEARS 2006-2008 South Carolina

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FEDERAL FISCAL YEARS 2006-2008 South Carolina FORMULA GRANT FUNDING PLAN FEDERAL FISCAL YEARS 2006-2008 South Carolina Department of Public Safety Office of Justice Programs March 2007 2-1 Three-Year Plan 1.) Updated Description of the System A. Structure and Function of the Juvenile Justice System South Carolina has a largely centralized juvenile justice system, separate and apart from the adult system, and the state bears over 90 percent of the costs of juvenile justice. Although juvenile law enforcement duties are dispersed among the many law enforcement agencies, judicial services are provided by family court judges operating under the South Carolina Unified (Statewide) Family Court Judicial System. Additionally, juvenile justice services are provided by a single state agency, the South Carolina Department of Juvenile Justice (DJJ), formerly the Department of Youth Services. DJJ provides a full range of services including: prevention programs, detention/release screening, intake services, probation and aftercare supervision, services to the victims of juvenile crime, restitution programs, institutional programs, community supportive functions, institutional treatment, educational programs, and Interstate Compact administration. The goal of this broad spectrum of services is promoting public safety, preventing delinquency, and rehabilitating juvenile offenders. Major components of the juvenile justice system are described in order of contact with a juvenile as follows: (a) Law Enforcement: The primary functions of law enforcement are apprehension, detention, and referral to the judicial system for further action. Within the scope of their prescribed functions, law enforcement officers and agencies have discretionary powers and the latitude to exercise their best judgment on the proper disposition of cases before them. The discretionary powers relate to choices concerning apprehension, pressing charges, and detention. Per state statute, law enforcement officers make the decision to charge a youth and to detain or release. Although a local DJJ representative may make a recommendation to the officer, the final decision rests solely with the officer. State statute also provides guidance for law enforcement on the appropriate use of detention. (b) Detention Services: DJJ is responsible for advising law enforcement whether juveniles taken into custody should be detained in jail or released pending court appearance. In order to ensure uniformity in detention/release screening decisions statewide, specific criteria are applied to define those circumstances that justify detention. These criteria reflect concerns for community protection, an orderly court process, and the safety of the juvenile. DJJ operates a Juvenile Detention Center in Columbia for statewide placement of juvenile offenders. Juvenile detention facilities are also located in and operated by Charleston and Richland Counties. Currently, Greenville County is constructing a juvenile detention center that is projected to be completed in the spring of 2008. The existing facilities can hold juveniles at several stages in their progression through the juvenile justice system. The facilities can house preadjudicatory and adjudicated juveniles awaiting further disposition. Adjudicated and 2-2 sentenced juveniles awaiting transfer to a DJJ institutional facility can also be detained. Under current practice, post adjudicatory juveniles are held in the DJJ detention center only under court order. (c) Intake Services: DJJ Intake staff provide immediate assistance when a juvenile is taken into custody or brought to the attention of the Family Court. They offer crisis intervention referral, conduct preliminary assessments with juveniles and their families, and make referrals for those youth with special needs. When a juvenile has been taken into custody, Intake is equipped to seek alternatives to detention, arrange contractual agreements, and generally facilitate court processing of the case. Current pre-trial options or programs within the juvenile justice system include the use of contractual agreements between the juvenile and DJJ (i.e., diversion, mediation and arbitration programs). These programs have enabled appropriate juveniles and their victims to mediate grievances and problems outside the court system and form agreements that enable juveniles to be held more immediately accountable for their actions. The resolution of cases in mediation/arbitration programs may include monetary restitution to victims, community service, jail tours and other non-judicial sanctions. Law enforcement accounts for the majority of referrals to DJJ Intake, although cases also originate from schools and parents. Once a delinquency complaint is filed with the Family Court, DJJ Intake staff provide information and recommendations to assist Solicitors in making prosecutorial decisions. They also prepare pre-dispositional reports for Family Court Judges to assist in the selection of alternatives for juveniles adjudicated delinquent (d) Judicial Services: Judicial services are provided by Family Court Judges operating under the South Carolina Unified (Statewide) Family Court Judicial System. Between the adjudication and disposition of a case, the court may order temporary commitment of the juvenile to DJJ for evaluation. These evaluations can be performed in the community, although most take place in residential centers that have been developed regionally to better serve local communities. According to state law and except in cases where determinate sentences are issued, a complete evaluation must precede commitment of a juvenile to a long-term institution unless one has been done within the past year. The evaluation period may not exceed 45 days. The primary alternatives at the final disposition stage in juvenile cases include dismissal or acquittal, issuance of a school attendance order, probation, or commitment to the Department of Juvenile Justice. State law (Section 20-7-7810 of the Juvenile Justice Code) allows the commitment of status offenders (excluding truancy), status contemnors or status probation violators to the custody of a correctional institution operated by DJJ for a period not to exceed 90 days, or to secure evaluation center. (c) Probation Services: DJJ community case managers supervise youth placed on probation by the Family Court. These managers work with the child and family members to establish behavioral guidelines and set treatment objectives in a written plan for services. Progress in meeting the objectives is monitored through monthly office, home, and/or and school visits. Referrals also are made 2-3 as necessary to appropriate community services or programs. Community DJJ staff also provides routine services to the victims of juvenile crime to include: coordination of restitution requirements, notification of violations, and referral services. In the event a juvenile on probation is committed to a correctional facility, the juvenile’s relationship with his/her community case manager is maintained through contact with staff in the particular facility or program to which the youth is assigned and/or by on-site visits. DJJ also operates an Electronic Monitoring Program to address the problem of community supervision for selected juvenile offenders. This program provides a high level of control, supervision and surveillance for the monitored juveniles. DJJ now has electronic monitoring available throughout the state. (f) Evaluation Services: Placed within the Community Services Division, DJJ's Admissions and Evaluation Centers offer a comprehensive array of diagnostic services for juvenile offenders who are committed temporarily pending dispositional outcome in Family Court. Evaluations are also conducted within the community after a careful consideration of the needs of the juvenile and protection for the general public, and in 2005, almost 30 percent of evaluations were performed in the community. For those juveniles committed to a long-term facility, these centers act as the admissions site for juvenile classification and facility assignment. There are three Admissions and Evaluation Centers located in the state. The Coastal Evaluation Center is located in Ridgeville, the Upstate Evaluation Center in Union, and the Midlands Evaluation Center in Columbia. The evaluation process includes medical, psychological, educational, and vocational assessments, and (where indicated or requested) dental and psychiatric examinations. Basic classroom instruction is provided for juveniles confined at the R&E Center by DJJ Education Division teachers to ensure that school attendance credits are not forfeited. All juveniles are returned to the committing Family Court with a complete written evaluation, including dispositional recommendations. Where possible, these recommendations will encourage the use of community-based services and programs rather than long-term institutionalization. (g) Rehabilitative Services: Institutional Services and Treatment Services have been combined organizationally within DJJ to form the Division of Rehabilitative Services. The emphasis of this division is to help ensure that juveniles in DJJ custody leave the programs prepared to function as law abiding and productive citizens. In 2003-2004 DJJ activated a federally funded Reintegration Initiative to provide intensive case management services to incarcerated youth as they prepare for and reenter the community. South Carolina has been chosen as a national evaluation site for the initiative based on the strengths of its program and data collection
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