Offenses by Juveniles
Young persons who are 16 years of age or younger at the time they commit a crime are classified as Juveniles. They may seem like adults in many ways, but they and their cases are handled differently. When a juvenile is taken into custody for committing a crime, he is "detained", not arrested.
Juveniles’ cases usually are handled in Family Court. Cases of crimes committed by 16 year-olds may be sent to General Sessions Court, if it is ordered by the judge. When a 16 year-old commits a violent crime (murder, criminal sexual conduct, assault and battery with intent to kill, kidnapping, voluntary manslaughter, arson, armed robbery, or burglary), it is automatically tried in General Sessions Court. The judge may also order cases of certain violent crimes committed by 14 and 15 year-olds to be sent to General Sessions Court. Cases involving juveniles 13 and under will remain in Family Court. The main purpose of Family Court is to help families solve their problems. Cases handled there receive very different treatment than do cases handled in criminal court.
Knowing that juveniles who commit crimes may need extra help and supervision to help them change their behavior, the goal of the court in handling juvenile violators is to find the right combination of supervision, counseling, education, and therapy to help the child become a law-abiding adult. If the juvenile lives with his parents, one parent, other family member, or legal guardian, the court tries to work with those adults to provide the kind of home and supervision that will help the juvenile offender.
Beginning July 1, 1997 there is a Youth Industries Program within the Department of Juvenile Justice that creates a fund for the compensation of victims. A percentage of the juvenile’s wages will be deducted and deposited into this fund. The department will pay 95% of this money, on behalf of the juvenile, to the victim or victims as restitution. This must be ordered by the family court or the Juvenile Parole Board. The remaining five percent of this money must be submitted to the SC Victim’s Compensation Fund.
If the Family Court believes that the juvenile’s family home situation isn’t what it needs to be, or that the juvenile is a threat to the community, it may place the juvenile in a facility for juveniles run by the Department of Juvenile Justice (DJJ). Family Court may send a juvenile to a DJJ facility, but the Juvenile Parole Board will determine how long he stays. The Family Court cannot fine a juvenile, but it may order him to pay restitution.
The DJJ facility isn’t a prison, although the juveniles there are not allowed to leave or to do whatever they please. Its primary purpose isn’t to punish but to educate, control, and correct the behavior of the juveniles there. Its second purpose is to get the family back together as soon as possible. Therefore the Juvenile Parole Board holds a hearing every three months about each juvenile case to see if the juvenile is ready to be released. The Juvenile Parole Board and DJJ have a victim assistant that you may contact if you need help regarding a juvenile who has been sent to a DJJ facility. DJJ must inform and confer with you before taking any action and they must inform you of the status and progress of the case. You may register with the Juvenile Parole Board to be notified of parole hearings and release dates (see Resources list). You may testify at parole hearings. Juvenile parole hearings are conducted at The Department of Corrections facility on Broad River Rd. (see Resources list).
| It is your responsibility to notify the Juvenile Parole Board of any change of your address or phone number. |
In some serious cases where the juvenile offender has committed previous crimes, the offender is tried as an adult. Generally, a juvenile offender’s name is kept confidential, unless he is tried as an adult. If a juvenile is charged with a violent crime, his name may be released to the media. Any victim of a crime committed by a juvenile may request the name of the offender or other identifying information (photograph, description, etc.).