South Carolina § 63-19-460 - Voluntary participation in program.

§ 63-19-460. Voluntary participation in program.

(A) A juvenile may participate in the Youth Industries Program established pursuant to Section 63-19-450 only on a voluntary basis and only after the juvenile has been informed of the conditions of the employment.

(B) A juvenile participating in the Youth Industries Program:

(1) providing services to private industry must be compensated commensurate with the prevailing wage for work of a similar nature in the private sector;

(2) is not considered an employee of the State and is not eligible for unemployment compensation upon termination from the program; however, a juvenile is entitled to all other work benefits, including worker's compensation or its equivalent.

(C) The wages of a juvenile authorized to work in the Youth Industries Program, if paid other than by the department, must be paid directly to the Department of Juvenile Justice and credited to the juvenile's account. If the wages are paid by an entity other than the department, these wages must be paid directly to the department, and the department shall credit the wages to the juvenile's account. The director must deduct from wages paid to a juvenile:

(1) state, federal, and local taxes;

(2) allocations for support of children pursuant to law, court order, or agreement by the committed juvenile; and

(3) contributions to any fund established by law to compensate the victims of crime of not more than twenty percent and not less than five percent of gross wages.

These deductions may not exceed eighty percent of gross wages.

(D) Juvenile participation in the Youth Industries Program must not result in the displacement of employed workers in the State and must not impair existing contracts.

HISTORY: 2008 Act No. 361, SECTION 2.