Unbalanced Youth Justice

The Burns Institute is in pursuit of an equitable and excellent youth justice system. A system used sparingly and appropriately.  We know that our current youth justice system is not equitable, excellent, or used sparingly and appropriately. More than 47,000 youth were incarcerated on any given night in 2015, most (73 percent) for non-violent offenses. The majority (69 percent) of those incarcerated were youth of color.  Learn more »

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One-day count

Data in this section show how many youth are detained, committed, or otherwise sleeping somewhere other than their homes per orders of the court on "any given day" in select years. Data is available for the nation and on a state-by-state basis, and are based upon one-day counts of youth in residential placement facilities conducted in 1997, 1999, 2001, 2003, 2006, 2007, 2010, 2011, 2013, and 2015. Learn more »

Show table and download this data

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Year White Black Latino Native American Asian Other All youth of color All youth

Annual decision points

This section includes data at nine key juvenile justice annual decision points. Data are available at the county and state-level, but only for counties that report. This section allows you to view the data from many different angles and all of the data is broken down by race and ethnicity. Learn more »

Year

Data not available for every year. (Why?)

Available years are those for which states have submitted data to OJJDP. States do not submit data on an annual basis.

Case flow diagram

Click on a decision-making point to see the data for that point. Click additional decision-making points to the graph to compare.

  1. Youth population

  • 1Comparison of arrest to population is rate per 1,000 youth. All other annual decision points are rate per 100 youth at the prior decision-making point.
  • 2Due to differences in how states define arrests and referrals to court, some states may have more referrals to court than arrests.
Show table and download this data

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Decision White Black Latino American Indian or Alaskan Native Hawaiian or Pacific Islander Asian Other All youth of color All youth

46 of 46 counties (Why?)

Originally, states were only required to examine three counties: those with the greatest proportions of minority youth within their juvenile population, as well as those that contained the greatest numbers of minority youth. Only recently has OJJDP required that states track DMC data for all potential DMC reduction sites on a regular basis (at least every 3 years). If a county is not a DMC reduction site, data may not be available.

Detention statute

Juvenile courts may hold delinquents in a secure detention facility if the court believes it is in the best interest of the community or the child. After arrest a youth is often brought to the local juvenile detention facility by law enforcement. Juvenile probation officers or detention workers review the case and decide if the juvenile should be held pending a hearing by a judge.

Jurisdiction ages

  • 0–16
  • Extended Age of Delinquency Jurisdiction: 20

Age of detention

  • 10–16
  • Youth can be detained at ages 10-12 only with a court order from a family court judge.
  • Law enforcement can detain at ages 13 and up

Standard for detention

(A) When the officer who took the child into custody determines that placement of a juvenile outside the home is necessary, the authorized representative of the Department of Juvenile Justice shall make a diligent effort to place the child in an approved home, program, or facility, other than a secure juvenile detention facility, when these alternatives are appropriate and available.

(B) A child is eligible for detention in a secure juvenile detention facility only if the child:

(1) is charged with a violent crime as defined in Section 16-1-60;

(2) is charged with a crime which, if committed by an adult, would be a felony or a misdemeanor other than a violent crime, and the child:

(a) is already detained or on probation or conditional release or is awaiting adjudication in connection with another delinquency proceeding;

(b) has a demonstrable recent record of wilful failures to appear at court proceedings;

(c) has a demonstrable recent record of violent conduct resulting in physical injury to others; or

(d) has a demonstrable recent record of adjudications for other felonies or misdemeanors; and

(i) there is reason to believe the child is a flight risk or poses a threat of serious harm to others; or

(ii) the instant offense involved the use of a firearm;

(3) is a fugitive from another jurisdiction;

(4) requests protection in writing under circumstances that present an immediate threat of serious physical injury;

(5) had in his possession a deadly weapon;

(6) has a demonstrable recent record of wilful failure to comply with prior placement orders including, but not limited to, a house arrest order;

(7) has no suitable alternative placement and it is determined that detention is in the child's best interest or is necessary to protect the child or public, or both; or

(8) is charged with an assault and battery or an assault and battery of a high and aggravated nature on school grounds or at a school-sponsored event against any person affiliated with the school in an official capacity.

A child who meets the criteria provided in this subsection is eligible for detention. Detention is not mandatory for a child meeting the criteria if that child can be supervised adequately at home or in a less secure setting or program. If the officer does not consent to the release of the child, the parents or other responsible adult may apply to the family court within the circuit for an ex parte order of release of the child. The officer's written report must be furnished to the family court judge who may establish conditions for the release.

Detention hearing timeline

S.C. Code. Ann. § 63-19-830.

Within 48 hours from the time the child was taken into custody, excluding Saturdays, Sundays, and holidays.

Contact

Please email Anna Wong with any updates to contact information for your DMC coordinator, JJS coordinator, or DMC subcommittee chair.

DMC coordinator

There is currently no DMC coordinator

Website

JJS coordinator

Bonnie Burns
South Carolina Department of Public Safety
Office of Justic Programs
PO Box 1993
Blythewood, SC 29016
Phone: 803-896-8707
Fax: 803-896-8714
bonnieburns@scdps.net

DMC subcommittee chair

Christine Wallace
USC Children's Law Center
Phone: 803-413-0301
cwallace@mailbox.sc.edu

Reform efforts

States that wish to post their most recent three-year plans or share other relevant publications about their reform work should contact Anna Wong. We would be happy to link to relevant documents and information.

DMC reform efforts

  • Working on Formula grant applications
  • Soliciting applications for DMC efforts
  • Encouraging counties to talk about efforts on which they could get technical assistance

State Plan

There is no link available to the current State Plan

State Plan is to address noncompliance with Jail Removal, Deinstitutionalization of Status Offenders, and DMC through development of jail removal initiatives, alternatives to secure detention, and the improvement of procedures and the decision-making processes. The focus on jail removal and DSO will have a positive impact on DMC.

State Advisory Group (SAG)

All Juvenile Justice grant applications are reviewed and scored by two Juvenile Justice staff members and six members of a grants subcommittee of the Governor's Juvenile Justice Advisory Council. The Council is charged with the responsibility of advising policy makers on the state level about areas of need related to children and the juvenile justice system, recommending improvements in juvenile justice services and offering technical assistance to state and local agencies in planning and implementing programs for the improvement of juvenile justice.

SAG chair

Claire Nettles
Phone: 864-457-5364
stclairen@windstream.net
Website

Organizational structure

This Council was created by South Carolina statute (Section 23-4-210) in 1975 in accordance with the requirements of the Juvenile Justice and Delinquency Prevention Act of 1974 (Section 223(a)). Its members, appointed by the Governor, are volunteer, private citizens with an abiding interest and training in children's issues as well as representatives from state and local government agencies involved in juvenile justice and delinquency prevention.

Committees

  • Juvenile Accountability Incentive Block Grant
  • Grants
  • Executive
  • Juvenile Detention Standards
  • DMC

Membership

  • LaLita Ashley
  • Margaret Barber
  • Harry Davis
  • Wendell Davis
  • Ouida Dest
  • John Dewese
  • John (Jay) Elliott
  • Stevens Elliot
  • Fred Ettline
  • Lillian B. Koller
  • Robert Reid
  • Christopher Ross
  • Blake Taylor
  • Robert Toomey
  • Christine Wallace
  • Christopher Thompson (Youth)
  • Jacob Klarman (Youth)
  • Jasmine Rhome (Youth)
  • Milton Lewis (Youth)
  • Ryais Rivers (Youth)
  • William Starks (Youth)

About the data

Our website is populated by data provided to us by the Office of Juvenile Justice and Delinquency Prevention (OJJDP). Continue reading for details about the One-day count and Annual decision points data.

Download

Complete downloads of the data are available in several formats:

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Each table of data is also available for download. Click Show table below any table to download just the data shown.