In the Interest of Justin B.

Summary

The South Carolina Supreme Court considered whether lifetime electronic monitoring of a juvenile adjudicated delinquent for criminal sexual conduct with a minor violated the federal and state prohibitions against cruel and unusual punishment. The court held that electronic monitoring under South Carolina Code section 23-3-540 is a civil, nonpunitive regulatory requirement rather than punishment. However, it concluded that the juvenile must be afforded periodic judicial review to determine whether continued monitoring is necessary.

Holdings

1. Section 23-3-540's electronic-monitoring requirement is a civil, nonpunitive regulatory obligation rather than criminal punishment.
2. Although electronic monitoring is civil and nonpunitive, Justin B. must have access to periodic judicial review of the continued necessity of monitoring.

Questions Presented

1. Whether lifetime electronic monitoring under South Carolina Code sections 23-3-400 and 23-3-540 constitutes cruel and unusual punishment under the Eighth Amendment to the United States Constitution or Article I, section 15 of the South Carolina Constitution when applied to a juvenile.
2. Whether the electronic-monitoring requirement is a civil, nonpunitive regulatory obligation or a criminal punishment.
3. Whether the statutory scheme must provide periodic judicial review of the continued necessity of electronic monitoring.

Disposition

affirmed