RES 2020-32 Adopted RESOLUTION NO. 2020-32
TO AUTHORIZE A MEMORANDUM OF AGREEMENT WITH THE SOUTH
CAROLINA DEPARTMENT OF JUVENILE JUSTICE(SCDJJ) TO PROVIDE SECURE
DETENTION SERVICES FOR JUVENILES (PERSONS UNDER THE AGE OF
SEVENTEEN)WHO ARE CHARGED WITH COMMITTING CRIMES WITHIN THE
CITY OF NORTH AUGUSTA
WHEREAS, the South Carolina Constitution and state and federal law,
mandate that juveniles (persons under the age of seventeen) who are held in detention be
confined in separate and distinct facilities from adults (persons seventeen years of age and
older) similarly confined; and
WHEREAS, the City of North Augusta does not operate or manage its own
detention facility for juveniles,or otherwise have such a facility available to it for the detention
of juveniles; and
WHEREAS,the SCDJJ operates a facility for the detention ofjuveniles,along
with an may of other residential placements for juveniles, who are awaiting their return to
another jurisdiction or state,or awaiting their adjudication and/or dispositional hearings in the
Family or General Sessions Courts of this State, which have passed all necessary state
inspections or approvals, and are suitable for the detention of juveniles; and
WHEREAS,the General Assembly has mandated that"the governing body of
the law enforcement agency having original jurisdiction (over) where the offense occurred"
be responsible for paying a portion of the costs of the detention services forjuveniles provided
by SCDJJ, who are charged with committing crimes within the governing body's
jurisdictional limits;
NOW, THEREFORE, BE IT RESOLVED by the Mayor and City Council of
the City of North Augusta, South Carolina is authorized to enter into the Memorandum of
Agreement for the Detention of Juveniles as identified and attached hereto and
BE IT FURTHER RESOLVED that the City Administrator is authorized to
execute such Agreement.
DONE,RATIFIED AND ADOPTED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF NORTH AUGUSTA,SOUTH CAROLINA,ON THIS THE i DAY OF AUGUST,2020.
Robert A. Pettit, Mayor
ATTEST:
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Sharon Lamar, City Clerk
MEMORANDUM
OF
AGREEMENT
FOR THE DETENTION OF JUVENILES
THIS AGREEMENT is made this I"day of Jully,2020,by and between the South Carolina
Department of Juvenile Justice (SCDJJ) by and through its duly authorized employee and
the governing body of City of North Augusta, hereinafter referred to as City of North
Augusta,by and through its duly authorized official and/or employee;
WHEREAS, the South Carolina Constitution and state and federal law, mandate that
juveniles who are held in detention be confined in separate and distinct facilities from adults
similarly confined; and
WHEREAS, City of North Augusta does not operate or manage its own detention facility
for juveniles, or otherwise have such a facility available to it for the detention of juveniles;
and
WHEREAS,SCDJJ operates a facility for the detention ofjuveniles,along with an array of
other residential placements for juveniles, who are awaiting their return to another
jurisdiction or state, or awaiting their adjudication and/or dispositional hearings in the
Family or General Sessions Courts of this State, which have passed all necessary state
inspections or approvals, and are suitable for the detention ofjuveniles; and
WHEREAS, the General Assembly has mandated that "the governing body of the law
enforcement agency having original jurisdiction (over) where the offense occurred" be
responsible for paying a portion of the costs of the detention services for juveniles provided
by SCDJJ, who are charged with committing crimes within the governing body's
jurisdictional limits;
NOW THEREFORE,in consideration of the mutual promises contained herein,it is agreed
as follows:
SCDJJ will admit into its Juvenile Detention Center in Columbia,and detain such juveniles
in this Center, subject to its design/operational capacity and any limitations set forth in
Section 63-19-830 (A), those juveniles who are charged with committing criminal/status
offenses within the jurisdictional limits of the above listed entity and who have been/am:
1. qualified to be placed in secure detention (as determined by Section 63-19-
820 03),which the local law enforcement entity wishes to have detained prior
to a detention hearing before the Family Court; or
2. ordered to be taken into custody and detained by the Family Court or other
lawful authority; or
JUVENILE DETENTION MEMORANDUM OF AGREEMENT
Page 2 of
3. 16 years old or younger who have been waived to the Court of General Sessions to be
tried as adults; or
4. 16 years old and charged as an adult with committing a Category A-D felony or any
felony offense which provides for a maximum term of imprisonment of fifteen years
or more.
Acceptance and retention of detainees in its Juvenile Detention Center will be on a space available
basis and will be in accordance with admission and detention criteria established by SCDJJ. In
addition,City of North Augusta agrees to remove any detainees accepted and detained under criteria
3 and 4 above,on or within one week after that detainee's 17' birthday.
City of North Augusta agrees to assign an open Purchase Order Number to be effective
from July 1,2020 to June 30,2021.
City of North Augusta agrees to comply with Section 63-19-1610 of the South Carolina Code of Laws
which provides, "local governments utilizing the juvenile detention services provided by the
Department of Juvenile Justice must pay the department a per diem of fifty dollars a day per child."
Accordingly, City of North Augusta will pay SCDJJ $50.00 per 24-hour day per child. (Detention
periods of between from 1 to 23 hours shall be charged as a K day charge of$25.00). Payments to
SCDJJ will be made on a monthly basis as the costs accrue.
SCDJJ agrees to bill City of North Augusta on a monthly basis; said bills to be sent on or before the
15" day of the month after the month where the costs are incurred, with payment to be made on or
before the first(I") day of the following month. If City of North Augusta fails to make payment
within 30 days of receipt of an invoice for detention services, SCDJJ may take any and all available
measures to collect on the outstanding debt.
SCDJJ agrees to periodically provide City of North Augusta with a report on City of North Augusta's
use of the SCDJJ Detention Facility. This report will reflect the status ofjuveniles being detained for
periods greater than 30 days.
Pursuant to South Carolina Code Section 63-19-360, the "local law enforcement agency having
jurisdiction where the offense was committed" shall be responsible for transporting all juveniles to
and from DJJ's Juvenile Detention Center. However, a local law enforcement entity may enter into
agreements with other local law enforcement agencies or other entities for transporting of ajuvenile
to and from SCDJJ's Juvenile Detention Center, and the fact that a particular local law enforcement
agency or entity transports a juvenile to or from SCDJJ shall not be determinative as to which law
enforcement agency hasjurisdiction over the offense committed or necessarily obligate the governing
board of the transporting entity to pay for the cost of that juvenile's detention.
In accordance with Act#571 of 1990, relating to Juvenile Detention and consistent with the criteria
outlined in DJJ Community Services Policies and Procedures (SCDJJ Detention Screening Process;
Policy Number F-7.0),no juvenile shall be placed in and/or transported to,a SCDJJ detention facility
until law enforcement has notified SCDJJ and SCDJJ has conducted a detention screening,or until a
Family Court Judge has determined that placement in secure detention is appropriate.
JUVENILE DETENTION MEMORANDUM OF AGREEMENT
Page 3 of
City of North Augusta shall provide the SCDJJ Juvenile Detention Center with all relevant
information pertaining to the juvenile, including medical history/limitations/pre-existing conditions,
known psychological and psychiatric problems, charges pending before the court, and completed
screening or detention forms if such records or information are in the possession of, or otherwise
known to,the transporting law enforcement agency. Additionally,upon arrival at the SCDJJ Juvenile
Detention Center, the transporting officer shall complete and sign SCDJJ's Local Law Enforcement
—Detention Verification Form,which certifies the juvenile's eligibility for secure detention pursuant
to S.C. Code of Law § 63-19-820.
SCDJJ's Juvenile Detention Center shall have the right to refuse admission when a juvenile is
presented for placement without an appropriate detention order signed by the Court or detention
referral papers, completed and signed by a SCDJJ employee or screening agent. SCDJJ's Juvenile
Detention Center shall also have the right to refuse admission when ajuvenile is deemed inappropriate
by the Center for placement due to psychological/psychiatric problems, age, history, not meeting
referral/admissions criteria,indications of alcohol or other drug intoxication,medical condition which
requires emergency or immediate medical care or treatment or for any other reason which puts the
Center at risk, should such ajuvenile be accepted.
SCDJJ shall not be financially responsible for the cost of medical care provided to ajuvenile detained
in its juvenile detention center for any injury, illness, condition,or medical need that pre-existed the
juvenile's admission to its Detention Center.
Detention services provided by SCDJJ shall commence upon execution of this contract and terminate,
unless this contract is reauthorized and renewed, on July 1, 2021. Either party may cancel this
agreement upon thirty(30)days'written notice.
Sums paid or payable under this contract shall not exceed S for fiscal year 2020-2021
as determined by both parties. However, if juveniles continue to be presented for secure detention by
City of North Augusta once the above budgeted amount has been reached, City of North Augusta
agrees to pay for the cost of any additional detainees as provided for in the paragraph addressing
detention rates.
APPROVED:
Adm rms�aiorrlanager(y Freddie B.Pough,Director
(or other Authorized Official) South Carolina Department of Juvenile Justice
16' - ;LoDZ> July 1,2020
Date Date