Download This Version in Microsoft Word format
TO AMEND SECTION 17-15-30, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF RELEASE, SO AS TO ADD THAT THE COURT SHALL CONSIDER WHETHER THE ACCUSED IS CHARGED WITH A SEXUALLY VIOLENT OFFENSE WHEN DETERMINING CONDITIONS OF RELEASE OR WHETHER THE RELEASE WOULD CAUSE UNREASONABLE DANGER AND TO MANDATE THAT THE COURT PLACE A PERSON ACCUSED OF A SEXUALLY VIOLENT OFFENSE ON ELECTRONIC MONITORING IF THE COURT CHOOSES TO RELEASE THE ACCUSED.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 17-15-30 of the 1976 Code, as last amended by Act 106 of 2005, is further amended to read:
"Section 17-15-30. (A) In determining conditions of release that will reasonably assure appearance, or if release would constitute an unreasonable danger to the community, the court may, on the basis of available information, consider the nature and circumstances of the offense charged, and the accused's:
(1) family ties,;
(2) employment,;
(3) financial resources,;
(4) character and mental condition,;
(5) the length of his residence in the community,;
(6) his record of convictions,; and
(7) his record of flight to avoid prosecution or failure to appear at other court proceedings.
(B) The court shall consider:
(1) the accused's criminal record, if any. The court shall consider, if available,;
(2) all incident reports generated as a result of the offense charged.; and
(3) whether the accused is charged with a sexually violent offense as defined in Section 44-48-30(2).
(C) If the court makes a finding pursuant to subsection (B)(3) that the accused is charged with a sexually violent offense and the court chooses to release the accused, the accused must be monitored at all times by the Department of Probation, Parole and Pardon Services with an active electronic monitoring device. The accused also is required to comply with the provisions of Section 23-3-540 regarding the procedures of active electronic monitoring."
SECTION 2. If any section, subsection, paragraph, subparagraph, sentence, clause, phrase, or word of this act is for any reason held to be unconstitutional or invalid, such holding shall not affect the constitutionality or validity of the remaining portions of this act, the General Assembly hereby declaring that it would have passed this act, and each and every section, subsection, paragraph, subparagraph, sentence, clause, phrase, and word thereof, irrespective of the fact that any one or more other sections, subsections, paragraphs, subparagraphs, sentences, clauses, phrases, or words hereof may be declared to be unconstitutional, invalid, or otherwise ineffective.
SECTION 3. This act takes effect upon approval by the Governor.
This web page was last updated on Monday, June 22, 2009 at 2:38 P.M.