Opinion
10-29-2024
RE: Fourth Judicial Circuit Juvenile Mental Health Court
ORDER
John W. Kittredge, Chief Justice of South Carolina
The number of mentally ill juveniles involved in the juvenile justice system is increasing rapidly. There is a recognized need to treat and rehabilitate those juveniles qualified to participate in a Juvenile Mental Health Court (JMHC). The intent of the JMHC is to provide treatment services to juvenile offenders and to assist in their rehabilitation and education so that further involvement in the juvenile justice system is avoided.
The Solicitor for the Fourth Judicial Circuit has moved for an Order for the establishment of a pre-adjudicatory Juvenile Mental Health Court, pursuant to S.C. Code Ann. § 14-31-30(1), and for the appointment of judges, pursuant to S.C. Code Ann. § 14-31-40(B), to preside over the Mental Health Court.
Pursuant to the provisions of Article V, Section 4 of the South Carolina Constitution and S.C. Code Ann. § 14-31-10, et seq., The Juvenile Mental Health Court is established in the Fourth Circuit Solicitor's Office. Any juvenile defendant with pending status, misdemeanor, or nonviolent felony charge(s) who is suffering from a diagnosed, or diagnosable mental illness, including those with co-occurring disorder of substance abuse, may be eligible for referral into the Fourth Circuit Juvenile Mental Health Court (hereinafter "JMHC").
The Fourth Circuit Solicitor's Office shall determine eligibility. In cases involving victims, proper notice shall be given to victims pursuant to S.C. Code Ann. § 16-31525. Policy and procedures for the JMHC, including, but not limited to, referral, application, admission, and participation, shall be developed by the Fourth Circuit Solicitor's Office. A Juvenile Mental Health Court Team (hereinafter "JMHC Team") may be established for the proper execution of the JMHC. Admission into JMHC shall be determined by the Fourth Circuit Solicitor's Office subsequent to recommendations made by the JMHC Team.
No juvenile defendant who is charged with a violent offense, who has a prior conviction for a violent crime as defined in S.C. Code Ann. § 16-1-60 (2015), who has a prior conviction for a harassment or stalking offense, or who is subject to a restraining order pursuant to Article 17, Chapter 3, Title 16, or a valid order of protection pursuant to Chapter 4, Title 20, will be allowed into the JMHC. In cases involving victims, the JMHC Coordinator shall be responsible for notifying victims regarding participants' entry or discharge from the JMHC. A person may not be allowed into the JMHC without the consent of the victim unless reasonable attempts have been made to contact the victim and the victim is either nonresponsive or cannot be located after a reasonable search.
Upon successful completion of the program, the JMHC will notify the Family Court, and the charges precipitating the defendant's entry into the program shall be nolle prossed or dismissed. When a juvenile fails to complete the program or voluntarily withdraws, the charges must be referred back to the Family Court for final adjudication and disposition.
The Honorable John A. Davis, Magistrate Court Judge for Chesterfield County, is assigned to preside over the Fourth Judicial Circuit Juvenile Mental Health Court. In his absence, the Honorable Robert A. Stanton Jr., Magistrate Court Judge for Marlboro County, may preside over the Juvenile Mental Health Court. Pursuant to this assignment, Judge Davis and Judge Stanton shall be responsible for presiding over the courtroom proceedings involving the Juvenile Mental Health Court, including the imposition of sanctions on participants as they deem appropriate and termination from the program for non-compliance with its terms and conditions. Pursuant to this assignment, Judge Davis and Judge Stanton are also responsible for administering the program, including coordinating the role of the judiciary with mental health agencies and any other entities involved in providing services to the juveniles.
This order is effective immediately and remains in effect unless amended or rescinded by the Chief Justice.