South Carolina H 5401: Electronic monitoring

Bill Text

2025-2026 Bill 5401 Text of Previous Version (Apr. 16, 2026) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 5401

Indicates Matter Stricken
Indicates New Matter

(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

Indicates Matter Stricken

Indicates New Matter

Amended

April 16, 2026

H. 5401

Introduced 
by Rep. Robbins 

S. Printed 4/16/26--H.

Read the first time March 24, 2026

________

A bill

TO AMEND THE SOUTH 
CAROLINA CODE OF LAWS BY AMENDING SECTION 17-15-37, RELATING TO ELECTRONIC 
MONITORING BY THE SOUTH CAROLINA LAW ENFORCEMENT DIVISION, SO AS TO ESTABLISH 
NEW OFFENSES AND PROVIDE PENALTIES; AND BY AMENDING SECTION 38-53-84, RELATING 
TO NOTIFICATION OF ELECTRONIC MONITORING VIOLATIONS, SO AS TO PROHIBIT BONDSMEN 
FROM KNOWINGLY CONTRACTING WITH, REFERRING, OR OTHERWISE UTILIZING THE SERVICES 
OF AN UNCERTIFIED ELECTRONIC MONITORING COMPANY.

 Amend Title To Conform

Be it enacted by the 
General Assembly of the State of South Carolina:

SECTION 1. Section 17-15-37 of the S.C. Code is amended to read:

 Section 
17-15-37. (A) The South Carolina 
Law Enforcement Division may promulgate regulations to effectuate the intent of 
Section 17-15-35 and this section, develop standards for the use and approval 
of active electronic monitoring devices, and shall certify electronic monitoring 
agencies, including law enforcement agencies, electronic monitoring companies, 
and bondsmen and bonding companies. SLED must keep a public list of those 
companies that are certified.

 (B) 
The approved electronic monitoring agency must:

 (1) 
provide active electronic monitoring devices or mobile phone applications 
approved by SLED that must provide verifiable identity and location information 
at regular and random intervals throughout the day, and that timely record and 
report the person's presence near or within a prohibited area or the person's 
departure from a specified geographic location;

 (2) 
allow any law enforcement agency, including the prosecutor's office, to have 
access to real-time monitoring, if possible, and any reports requested by law 
enforcement or the prosecution must be provided within twenty-four hours of the 
request;

 (3) 
notify the solicitor having jurisdiction over the participant and the bondsman 
within forty-eight hours when he becomes aware or should have become aware that 
the participant has violated any provision of the court's order for electronic 
monitoring, or the participant has been surrendered to the custody of law 
enforcement; and

 (4) 
immediately notify local law enforcement and make reasonable attempts to 
immediately notify the victim if the participant violates any exclusion zones 
related to the victim.

 (C) 
Failure of the electronic monitoring agency to maintain compliance with 
regulations established by SLED, the order of the court, or any applicable 
statute shall be reported to SLED by the solicitor for administrative action. 
SLED may impose a fine, or suspend or revoke the certification for any approved 
agency who demonstrates a failure to maintain the standards and reporting 
requirements set forth under the regulations and appropriate statutes.

 (D) A person or entity that knowingly 
operates an electronic monitoring company who is not certified by SLED pursuant 
to subsection (A) is guilty of a misdemeanor and, upon conviction, must be 
fined not more than three thousand dollars or imprisoned not more than three 
years, or both.

 (E) A person or entity that:

 (1) knowingly and wilfully falsifies, 
forges, alters, or misrepresents certification issued by SLED;

 (2) knowingly submits false 
documentation to SLED for the purpose of obtaining certification;

 (3) operates an electronic monitoring 
company after having been formally denied certification or after certification 
has been suspended or revoked by SLED; or

 (4) knowingly represents to a court, 
bondsman, defendant, or governmental agency that the company is SLED-certified 
when it is not that subsequently results in an economic benefit to the person 
or entity is guilty of making a false statement or misrepresentation and must 
be punished in accordance with Section 38-55-540. For purposes of this 
subsection, economic benefit means revenue generated from providing electronic 
monitoring subsequent to an initial false statement or misrepresentation.

 (F) Nothing in this section limits the 
authority of SLED to seek injunctive relief, pursue administrative sanctions, 
revoke certification, or promulgate regulations consistent with this section.

 (G) Upon notice to the defendant, the 
defendant's counsel of record, if any, and the surety, if applicable, that the 
electronic monitoring company providing services is not certified by SLED, the 
defendant shall have seventy-two hours from receipt of such notice to notify 
the court and obtain proof that the defendant has contracte