South Carolina H 3028: Bond release

Bill Text

2025-2026 Bill 3028 Text of Previous Version (Dec. 06, 2024) - South Carolina Legislature Online 

South Carolina General Assembly
126th Session, 2025-2026

Bill 3028

Indicates Matter Stricken
Indicates New Matter

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

A bill

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING 
SECTION 16-25-120, RELATING TO RELEASE ON BOND AND FACTORS TO CONSIDER WHEN 
GRANTING BOND FOR VIOLENT OFFENDERS AND DOMESTIC VIOLENCE OFFENDERS, SO AS TO 
ALLOW THE COURT, IN LIEU OF SETTING BOND OR AS AN ADDITIONAL CONDITION OF 
RELEASE ON BOND, TO PLACE A PERSON CHARGED WITH A DOMESTIC VIOLENCE OFFENSE ON 
SURVEILLANCE VIA AN ACTIVE ELECTRONIC MONITORING DEVICE CAPABLE OF KEEPING THE 
VICTIM OF THE OFFENSE NOTIFIED AT ALL TIMES OF THE PERSON'S IMMEDIATE LOCATION, 
TO PROVIDE PROCEDURES FOR THE MONITORING, AND TO PROVIDE PENALTIES FOR 
TAMPERING WITH AN ACTIVE ELECTRONIC MONITORING DEVICE.

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

SECTION 1. Section 16-25-120 of the S.C. Code is amended by 
adding:

 (E)(1) The court, in its discretion, may 
place a person charged with a violation of this article on surveillance via an 
active electronic monitoring device in lieu of setting or requiring the posting 
of bond or as an additional condition of release on bond. The device must be 
capable of recording the person's immediate location at all times and the 
victim must be provided access to determine the immediate location of the 
person at all times. The appropriate law enforcement agency with jurisdiction 
over the offense shall place the person on an active electronic monitoring 
device and shall ensure the provisions of this section are followed.

 The person monitored:

 (a) 
shall follow instructions provided by appropriate law enforcement agency with 
jurisdiction over the offense to maintain the active electronic monitoring 
device in working order. Incidental damage or defacement of the active 
electronic monitoring device must be reported to the appropriate law 
enforcement agency with jurisdiction over the offense within two hours. A 
person who fails to comply with the reporting requirement of this subsection 
must be punished in the discretion of the court;

 (b) 
shall abide by other terms and conditions set forth by the appropriate law 
enforcement agency with jurisdiction over the offense with regard to the active 
electronic monitoring device and electronic monitoring program;

 (c) 
must be charged for the cost of the active electronic monitoring device and the 
operation of the active electronic monitoring device for the duration of the 
time the person is required to be electronically monitored. The appropriate law 
enforcement agency with jurisdiction over the offense may exempt a person from 
the payment of a part or all of the cost during a part or all of the duration 
of the time the person is required to be electronically monitored, if it is 
determined that exceptional circumstances exist such that these payments cause 
a severe hardship to the person. The payment of the cost must be a condition of 
supervision of the person and a delinquency of two months or more in making 
payments may operate as a violation of a term or condition of the electronic 
monitoring. All fees generated by this subsection must be retained by the 
appropriate law enforcement agency with jurisdiction over the offense, carried 
forward, and applied to support the active electronic monitoring of domestic 
violence offenders;

 (d) 
who intentionally removes, tampers with, defaces, alters, damages, or destroys 
an active electronic monitoring device must be punished in the discretion of 
the court. This subsection does not apply to a person or agent authorized by 
the appropriate law enforcement agency to perform maintenance and repairs to 
the active electronic monitoring devices.

 (2) 
As used in this subsection, "active electronic monitoring device" means an 
all-body worn device that is not removed from the person's body utilized by the 
appropriate law enforcement agency with jurisdiction over the offense in 
conjunction with a web-based computer system that actively monitors and records 
a person's location at least once every minute twenty-four hours a day and that 
timely records and reports the person's presence near or within a prohibited 
area or the person's departure from a specified geographic location. In 
addition, the device must be resistant or impervious to unintentional or wilful 
damages. In areas of the State where cellular coverage requires the use of an 
alternate device, the appropriate law enforcement agency may use an alternate 
device.

SECTION 2. This act takes effect upon approval 
by the Governor.

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This web page was last updated on December 06, 2024 at 09:53 AM