The juvenile justice process can be complicated. It involves several stages that do not all apply to every case, and they do not always happen in the same order. Here is a brief overview of South Carolina’s juvenile justice system. Please understand that the juvenile justice system uses different terms than the adult criminal system.
Referral
A youth first enters the juvenile justice system when they are referred to SCDJJ. A referral can happen in two ways: the youth is taken into custody by law enforcement or SCDJJ receives a referral from a solicitor or a school.
If a youth is taken into custody by law enforcement, the officer can either release them to an adult (usually a guardian) or detain them at a juvenile detention center.
Detention or Release?
If law enforcement decides to detain a youth, they will be taken to a juvenile detention center. There are currently two juvenile detention centers in South Carolina. Charleston County has a juvenile wing in their county detention center that only serves youth from Charleston. All other youth are taken to SCDJJ’s Juvenile Detention Center in Columbia. If a youth is taken to a juvenile detention center by law enforcement, they will be held there until they have a detention hearing before a family court judge, who will decide if they will be released to a guardian or remain detained. Detention hearings usually happen within 48 hours of the youth arriving at a detention center, but not always.
Prosecute, Divert, or Dismiss?
After a youth is referred to SCDJJ, they must meet with a SCDJJ representative from one of our 43 county offices. SCDJJ then makes a recommendation to the solicitor on how to handle the youth’s case. The solicitor has a few different options. The solicitor can choose to dismiss the case completely, divert the youth to a program such as arbitration, or prosecute the charge.
Evaluation
A family court judge can order that SCDJJ complete an evaluation of a youth. The information from the evaluation will then be presented in court and used to make decisions about the case. The evaluation can be done while the youth is living at home (called a community evaluation) or while the youth is in a SCDJJ secure facility (called a secure evaluation). A judge can order an evaluation at any point in the process.
Adjudication
In the juvenile justice system, the terms “guilty” and “not guilty” are not used. A youth is either adjudicated delinquent, meaning the court believes they committed the offense, or they are not. Like in adult court, a youth can admit to the charge. If they choose not to do that, a family court judge will decide whether to adjudicate the youth delinquent on the charge.
Disposition
If the youth is adjudicated delinquent, the family court judge will then decide on consequences. This is called the disposition of the charge. A disposition can include probation, restitution, community programs, commitment to a SCDJJ secure facility, or a combination of these.
A commitment to a secure facility can be determinate or indeterminate. A determinate commitment is a commitment for a specific amount of time that is decided by the judge. An indeterminate commitment is up to the youth’s 22nd birthday. If a youth receives an indeterminate commitment, the length of time they spend in a secure facility is determined by the Board of Juvenile Parole or SCDJJ’s release authority. Time in custody can range from 1 to 54 months but may be shortened for good behavior. Youths released from an indeterminate commitment can be released unconditionally or can be released to parole.
SCDJJ county officers monitor youths on probation and parole. Probation and parole often include conditions like refraining from getting into more trouble or completing mental health counseling. Probation and parole can be for a set length of time or until all conditions are met.