American Civil Liberties Union of South Carolina
P.O. Box 20998
Charleston, SC 29413
Phone: (843) 720-1424
Shaundra Young Scott
Susan Dunn, Legal Director
p: (843) 720-1425
Found 6 matches.
A roundup of member-related publications and news stories; school-to-prison pipeline items; resources, and campaign materials for California's Prop. 57.
Job listings in the field of youth justice reform for May, 2014.
Court Rules Electronic Monitoring of Youth Convicted of Sex Offense Must Be Reviewable, In the Interest of Justin B., 405 S.C. 391, 747 S.E.2d 774 (2013)
A youth in South Carolina challenged the imposition of lifetime electronic monitoring after he pled guilty to a sex offense, arguing that the monitoring constituted cruel and unusual punishment because his young age would make lifetime monitoring especially severe. The South Carolina Supreme Court rejected his argument and held that such monitoring is not punishment, and therefore does not violate the state or federal constitutions. However, the court did mandate periodic judicial review to determine the necessity of continued monitoring, allowing the youth to petition for review ten years after the monitoring commenced. In the Interest of Justin B., 405 S.C. 391, 747 S.E.2d 774 (2013).
New legislation in South Carolina allows the Department of Juvenile Justice (DJJ) to reduce probation or parole terms for youth. DJJ may reduce the terms up to ten days for each month that youth comply with the terms and conditions of their probation or parole. S.B. 300/Act No. 227, signed into law and effective June 18, 2012.
A new South Carolina law relaxes the requirements for court-ordered residential evaluations. Prior to disposition, all youth in South Carolina who are adjudicated delinquent must be evaluated; evaluations can take place either in the community or the court may commit a youth to the Department of Juvenile Justice (DJJ) for up to 45 days for evaluation in a secure facility. The new law allows evaluations in the community for youth who have been ordered by the court to have a residential evaluation unless the underlying order has found the youth to be a flight risk or a risk to public safety, or if the underlying charge is a felony. The new statute also makes it clear that a community evaluation is equivalent to a residential evaluation, even if they are not identical. S.B. 300/Act No. 227, signed into law and effective June 18, 2012.