South Carolina S 149: S.C. Juvenile Justice Reform Act

Bill Text

2025-2026 Bill 149 Text of Previous Version (Jan. 17, 2025) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 149

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 SO AS TO ENACT 
THE "SOUTH CAROLINA JUVENILE JUSTICE REFORM ACT"; BY AMENDING SECTION 63-1-20, 
RELATING TO POLICY REGARDING THE SOUTH CAROLINA CHILDREN'S CODE, SO AS TO 
INCLUDE WITHIN THE STATEMENT A PROVISION TO ESTABLISH A POLICY REGARDING THE 
CARE AND GUIDANCE OF CHILDREN WITHIN THE JUVENILE JUSTICE SYSTEM; SO AS TO ADD 
ARTICLE 6 TO CHAPTER 19, TITLE 63, SO AS TO REQUIRE EACH CIRCUIT SOLICITOR TO 
ESTABLISH A JUVENILE OFFENDER CIVIL CITATION PROGRAM TO PROVIDE A CIVIL 
DIVERSION PROGRAM FOR CHILDREN WHO HAVE COMMITTED ACTS OF DELINQUENCY, AND TO 
ESTABLISH ELIGIBILITY AND PARTICIPATION REQUIREMENTS; BY AMENDING SECTION 
16-17-425, RELATING TO STUDENT THREATS, SO AS TO ESTABLISH THAT IT IS UNLAWFUL 
FOR A STUDENT TO MAKE A THREAT TO COMMIT AN ACT OF MASS VIOLENCE AT A SCHOOL, 
COLLEGE, OR UNIVERSITY, OR AT A SCHOOL, COLLEGE, OR UNIVERSITY SPONSORED 
ACTIVITY, AND TO PROVIDE PENALTIES; BY AMENDING SECTION 16-23-430, RELATING TO 
CARRYING A WEAPON ON SCHOOL PROPERTY, SO AS TO PROVIDE THAT IT IS UNLAWFUL FOR 
ANY PERSON TO CARRY, WHILE ON ELEMENTARY OR SECONDARY SCHOOL PROPERTY, A KNIFE, 
FIREARM, OR OTHER WEAPON WITH THE INTENT BY THE PERSON TO INFLICT SERIOUS 
BODILY INJURY OR DEATH; BY AMENDING SECTION 63-1-40, RELATING TO DEFINITIONS, 
SO AS TO REMOVE FROM THE DEFINITION THE PLAYING OR LOITERING IN A BILLIARD 
ROOM; BY AMENDING SECTION 63-3-520, RELATING TO THE TRAFFIC AND WILDLIFE 
JURISDICTION, SO AS TO INCREASE THE AGE OF CONCURRENT JURISDICTION FROM PERSONS 
UNDER SEVENTEEN YEARS OF AGE TO PERSONS UNDER EIGHTEEN YEARS OF AGE; BY 
AMENDING SECTION 63-7-310, RELATING TO PERSONS REQUIRED TO REPORT, SO AS TO 
REMOVE THE REQUIREMENT THAT A PERSON EMPLOYED BY A LAWYER MUST REPORT SUSPECTED 
ABUSE IF THE SUSPICION ARISES IN THE COURSE OF THE LEGAL REPRESENTATION; BY 
AMENDING SECTION 63-19-20, RELATING TO DEFINITIONS, SO AS TO REMOVE FROM THE 
DEFINITION THE PLAYING OR LOITERING IN A BILLIARD ROOM; BY ADDING ARTICLE 2 TO 
CHAPTER 19, TITLE 63, SO AS TO ESTABLISH THE "CHILDREN'S BILL OF RIGHTS," TO 
PROVIDE THAT A CHILD HAS THE RIGHT TO BE TREATED WITH BASIC HUMAN DIGNITY, TO 
BE PROVIDED NECESSARY CARE, MEDICAL TREATMENT, FOOD, EDUCATION, ACCESS TO 
FAMILY, ADVOCATES, AND LAWYERS, AND TO BE FREE FROM ABUSE, NEGLECT, AND 
HARASSMENT, AND TO PROVIDE FOR THE APPLICATION OF THESE RIGHTS; BY ADDING 
SECTION 63-19-210 SO AS TO REQUIRE THAT LAW ENFORCEMENT MUST ARRANGE FOR A 
CHILD FIFTEEN YEARS OF AGE OR YOUNGER TO MEET WITH LEGAL COUNSEL PRIOR TO A 
CUSTODIAL INTERROGATION EXCEPT FOR CERTAIN CIRCUMSTANCES; BY AMENDING SECTION 
63-19-340, RELATING TO ANNUAL REPORTS, SO AS TO PROVIDE THAT THE REPORT MUST 
INCLUDE SPECIFIC STATISTICS RELATING TO CHILDREN REFERRED TO THE DEPARTMENT; BY 
AMENDING SECTION 63-19-350, RELATING TO COMMUNITY SERVICES, SO AS TO REQUIRE 
THE DEPARTMENT TO DEVELOP AND UTILIZE STRUCTURED DECISION-MAKING TOOLS FOR ALL 
KEY POINTS OF THE JUVENILE JUSTICE PROCESS; BY AMENDING SECTION 63-19-360, 
RELATING TO INSTITUTIONAL SERVICES, SO AS TO REQUIRE THE CHILD EVALUATION TO BE 
CONDUCTED BY THE DEPARTMENT TO INCLUDE A BIOPSYCHOSOCIAL ASSESSMENT AND A DETERMINATION 
OF THE CHILD'S MENTAL HEALTH FUNCTIONING; BY ADDING SECTION 63-19-362 SO AS TO 
REQUIRE THAT BEFORE SUBMITTING A PETITION FOR A CHILD IN ITS CUSTODY FOR A 
MISDEMEANOR THAT WOULD CARRY A MAXIMUM TERM OF IMPRISONMENT OF FIVE YEARS OR 
LESS, THE DEPARTMENT OF JUVENILE JUSTICE MUST ATTEMPT TO RESOLVE THE SITUATION 
THROUGH AVAILABLE ADMINISTRATIVE APPROACHES; BY ADDING SECTION 63-19-365 SO AS 
TO PROHIBIT THE USE OF SOLITARY CONFINEMENT ON A CHILD AND PROVIDE LIMITS FOR 
THE USE OF CORRECTIVE ROOM RESTRICTIONS UPON CHILDREN WITHIN THE CUSTODY OF THE 
DEPARTMENT; BY AMENDING SECTION 63-19-370, RELATING TO INTERDEPARTMENTAL 
AGREEMENTS, SO AS TO ALLOW THE DEPARTMENT OF JUVENILE JUSTICE TO ESTABLISH 
AGREEMENTS WITH THE DEPARTMENT OF MENTAL HEALTH AND THE DEPARTMENT OF EDUCATION 
TO PROVIDE REENTRY SERVICES FOR CHILDREN RETURNING TO SCHOOLS AND COMMUNITIES 
FROM THE DEPARTMENT'S CUSTODY; BY ADDING SECTION 63-19-500 SO AS TO REQUIRE 
THAT THE DEPARTMENT ESTABLISH AT LEAST ONE PRE-DETENTION INTERVENTION PROGRAM 
IN EACH JUDICIAL CIRCUIT AND TO ESTABLISH PROGRAM REQUIREMENTS AND ELIGIBILITY; 
BY ADDING SECTION 63-19-520 SO AS TO ESTABLISH THE JUVENILE JUSTICE IMPROVEMENT 
FUND, TO ALLOW THE DEPARTMENT OF JUVENILE JUSTICE TO DIVERT MONEYS SAVED FROM 
DECREASED RELIANCE ON OUT-OF-HOME PLACEMENT TO FUND COMMUNITY INTERVENTION 
PROGRAMS INCLUDING EDUCATIONAL, MENTAL HEALTH, AND BEHAVIORAL HEALTH SERVICES; 
BY AMENDING SECTION 63-19-810, RELATING TO TAKING A CHILD INTO CUSTODY, SO AS 
TO REM