South Carolina H 5118: Juvenile Justice
Status: Referred to Committee on Judiciary (as of 2026-02-05)
State: South Carolina · Session: 2025-2026 · Bill: H 5118
Sponsors: Cox, Garvin, Holman, Sessions, T. Moore, Wetmore
Bill Text
2025-2026 Bill 5118 Text of Previous Version (Feb. 05, 2026) - South Carolina Legislature Online South Carolina General Assembly 126th Session, 2025-2026 Bill 5118 Indicates Matter Stricken Indicates New Matter (Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.) A bill TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTIONS 63-19-360, 63-19-810, 63-19-1440, AND 63-19-1810, ALL RELATING TO JUVENILE JUSTICE PROCEEDINGS, SO AS TO REQUIRE COMPREHENSIVE ASSESSMENTS AS PART OF JUVENILE EVALUATIONS, TO MAKE CERTAIN CHANGES PERTAINING TO THE DETENTION OF JUVENILES IN JUVENILE DETENTION FACILITIES AND THEIR COMMITMENT TO THE CUSTODY OF THE DEPARTMENT OF JUVENILE JUSTICE; AND FOR OTHER PURPOSES. Be it enacted by the General Assembly of the State of South Carolina: SECTION 1. Section 63-19-360(3) of the S.C. Code is amended to read: (3) establishing and maintaining residential and nonresidential reception and evaluation centers at which all children committed to its custody by a circuit or family court must be received, examined, and evaluated before assignment to one of its institutions or before other disposition or recommendation is made concerning the child. The commitment of a child to a reception and evaluation center or youth correctional institution of the department may be made only after the child has been adjudicated delinquent. The evaluation conducted by the reception and evaluation centers includes, but is not limited to: (a) a complete social, physical, psychological, and mental examination a comprehensive, individualized biopsychosocial assessment to include an examination of the child's social, physical, and mental health functioning; (b) an investigation and consideration of family and community environment and other facts in the background of the person concerned that might relate to the person's delinquency; (c) a determination of the correctional or custodial care that would be most appropriate. The department shall create facilities and employ personnel as will enable the centers to conduct the necessary physical, mental, and psychological examinations and assessments required by this section; SECTION 2. Section 63-19-810 of the S.C. Code is amended by adding: (E) No child or juvenile eighteen years of age or older will be detained in a juvenile detention facility. Upon written notice from a juvenile detention facility that a child or juvenile is eighteen years of age or older, local law enforcement immediately must transport the person to the county detention center. SECTION 3. Section 63-19-1440 of the S.C. Code is amended to read: Section 63-19-1440. (A) A child, after the child's twelfth birthday and before the eighteenth birthday or while under the jurisdiction of the family court for disposition of ana criminal offense that occurred prior to the child's eighteenth birthday, may be committed to the custody of the Department of Juvenile Justice which shall arrange for placement in a suitable corrective environment. Children under the age of twelve years may be committed only to the custody of the department which shall arrange for placement in a suitable corrective environment other than institutional confinement. No child under the age of eighteen years may be committed or sentenced to any other penal or correctional institution of this State. (B) All commitments to the custody of the Department of Juvenile Justice for delinquency as opposed to the conviction of a specific crime may be made only for the reasons and in the manner prescribed in Sections 63-3-510, 63-3-520, 63-3-580, 63-3-600, 63-3-650, and this chapter, with evaluations made and proceedings conducted only by the judges authorized to order commitments in this section. When a child is committed to the custody of the department as part of the disposition of the criminal offense, commitment must be for an indeterminate sentence, not extending beyond the twenty-second birthday of the child unless sooner released by the department, or for a determinate commitment sentence not to exceed ninety days for misdemeanor offenses or one hundred eighty days for felony offenses. A child may not be committed to the department for more than one hundred and eighty days for an adjudication resulting from a probation violation or contempt of court of an underlying criminal offense. (C) The court, before committing a child as a delinquent or as a part of a sentence including commitments for contempt, shall order a community evaluation or temporarily commit the child to the Department of Juvenile Justice for not more than forty-five days for evaluation. A community evaluation is equivalent to a residential evaluation, but it is not required to include all components of a residential evaluation. However, in either evaluation the department shall make a recommendation to the court on the appropriate disposition o
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