United States of Disparities

Jurisdiction ages

• 0–16
• Extended Age of Delinquency Jurisdiction: 20

Age of detention

• 10–16
• Youth can be detained at ages 10-12 only with a court order from a family court judge.
• Law enforcement can detain at ages 13 and up

Standard for detention

(A) When the officer who took the child into custody determines that placement of a juvenile outside the home is necessary, the authorized representative of the Department of Juvenile Justice 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.

(B) 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 or a misdemeanor other than a violent crime, and the child:

(a) is already detained or on probation or conditional release or is awaiting adjudication 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 or misdemeanors; and

(i) there is reason to believe the child is a flight risk or poses a threat of serious harm to others; or

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

(3) is a fugitive from another jurisdiction;

(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury;

(5) had in his possession a deadly weapon;

(6) has a demonstrable recent record of wilful failure to comply with prior placement orders including, but not limited to, a house arrest order;

(7) has no suitable alternative placement and it is determined that detention is in the child's best interest or is necessary to protect the child or public, or both; or

(8) is charged with an assault and battery or an assault and battery of a high and aggravated nature on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity.

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. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge who may establish conditions for the release.

Detention hearing timeline

S.C. Code. Ann. § 63-19-830.

Within 48 hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays.

DMC coordinator

There is currently no DMC coordinator

Website

JJS coordinator

Bonnie Burns
South Carolina Department of Public Safety
Office of Justic Programs
PO Box 1993
Blythewood, SC 29016
Phone: 803-896-8707
Fax: 803-896-8714
bonnieburns@scdps.net

DMC subcommittee chair

Christine Wallace
USC Children's Law Center
Phone: 803-413-0301
cwallace@mailbox.sc.edu

DMC reform efforts

• Working on Formula grant applications
• Soliciting applications for DMC efforts
• Encouraging counties to talk about efforts on which they could get technical assistance

State Plan

There is no link available to the current State Plan

State Plan is to address noncompliance with Jail Removal, Deinstitutionalization of Status Offenders, and DMC through development of jail removal initiatives, alternatives to secure detention, and the improvement of procedures and the decision-making processes. The focus on jail removal and DSO will have a positive impact on DMC.

Organizational structure

This Council was created by South Carolina statute (Section 23-4-210) in 1975 in accordance with the requirements of the Juvenile Justice and Delinquency Prevention Act of 1974 (Section 223(a)). Its members, appointed by the Governor, are volunteer, private citizens with an abiding interest and training in children's issues as well as representatives from state and local government agencies involved in juvenile justice and delinquency prevention.

Committees

• Juvenile Accountability Incentive Block Grant
• Grants
• Executive
• Juvenile Detention Standards
• DMC

Membership

• LaLita Ashley
• Margaret Barber
• Harry Davis
• Wendell Davis
• Ouida Dest
• John Dewese
• John (Jay) Elliott
• Stevens Elliot
• Fred Ettline
• Lillian B. Koller
• Robert Reid
• Christopher Ross
• Blake Taylor
• Robert Toomey
• Christine Wallace
• Christopher Thompson (Youth)
• Jacob Klarman (Youth)
• Jasmine Rhome (Youth)
• Milton Lewis (Youth)
• Ryais Rivers (Youth)
• William Starks (Youth)