Vol. 9, No. 3, Pg. 14. The Leaner and Meaner Youthful Offender Act.

• Author: By Martha Rivers

South Carolina Lawyer

1997.

Vol. 9, No. 3, Pg. 14.

The Leaner and Meaner Youthful Offender Act

14THE LEANER AND MEANER YOUTHFUL OFFENDER ACTBy Martha RiversUntil amendments enacted in the 1990s, the Youthful Offender Act (YOA) was simple to remember and covered a broad range of young offenders.

Today, it often causes a pause in the courtroom as judges and lawyers struggle to determine whether a young defendant is YOA eligible. By June 30, 1996, a little more than 1/3 of the South Carolina Department of Corrections (SCDC) population was 24 years or younger, but only 7.8 percent of the SCDC population was serving a YOA sentence at the year's end. SCDC Division of Resource and Information Management, Selected SCDC Trend Data Fiscal Years 1990-1996 and Fiscal Year 1996 Statistical Data (1996).

Notwithstanding the low percentage of YOA inmates, the South Carolina General Assembly amended the YOA to exclude more age eligible defendants than ever before. The Legislature also lowered the potential age of a youthful offender to persons under 17 in certain circumstances. The act now excludes persons charged with Class A-D felonies and felonies carrying a maximum punishment of 15 years or more. S.C. Code Ann. § 24-19-10 et seq. (1976).

In effect, the General Assembly emphasized the solicitor's influence in choosing the crime charged and curtailed the judiciary's discretion in sentencing for approximately 60 crimes.

HISTORY

The original YOA provided a sentencing alternative for most young first time offenders with the theory that more rehabilitative treatment would result in a lower recidivism rate. See S.C. Code § 55-392(e) (Supp. 1969). The Act

16attempted to provide a more rehabilitative environment for the young offender 17-24 years old committing his or her first or second "adult" offense. Craft V. State, 281 S.C. 205, 314 S.E.2d 330 (1984). S.C. Code § 24-19-50(e) (1976). S.C. Code § 55392(d) and 395(d) (Supp. 1969). Only a small percentage of offenses were excluded from the Act. S.C. Code § 55-392(f) (Supp. 1969) (excluding crimes with a maximum punishment of death, life imprisonment or imprisonment of less than a year).

Until 1995, a "youthful offender" was someone at least 17 but less than 25 years of age at the time of conviction who was not accused of a crime carrying less than one year imprisonment or a crime with a maximum punishment of death or life imprisonment or armed robbery. S.C. Code Ann. § 24-19-10 (1976), S.C. Code Ann. § 16-11-330(1) (Supp. 1985). State v. Burton, 301 S.C. 305, 391 S.E.2d 583 (1990). Anyone under 21 years of age could be committed to the Youthful Offender Division without his or her consent. S.C. Code Ann. § 24-19-50 (1976).

The court could commit a youthful offender to the general population prison or suspend the sentence to probation. S.C. Code Ann. § 24-10-50 (1976). See Brown v. State, 265 S.C. 516, 220 S.E.2d 125 (1975) (explicit finding of no benefit is not a legal prerequisite to denial of youthful offender treatment but is the better practice); State v. Brewington, 267 S.C. 97, 226 S.E.2d 249 (1976) (jury's recommendation of leniency not binding on the trial judge); State v. Johnson, 276 S.C. 444, 179 S.E.2d 606 (1981) (statutory right to youthful...