A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-15-15, RELATING TO DEPOSIT OF CASH PERCENTAGE IN LIEU OF BOND;  ASSIGNMENT OF DEPOSIT;  RESTITUTION TO VICTIM, SO AS TO PROVIDE THAT IF A COURT FINDS THAT A DEFENDANT MAY BE RELEASED ON BOND WHO HAS BEEN CHARGED WITH A VIOLENT OFFENSE OR ANY FELONY OFFENSE INVOLVING A FIREARM OR DRUGS, THE BOND MUST BE SET AT THE FULL UNITED STATES CASH CURRENCY BOND; BY AMENDING SECTION 17-15-30, RELATING TO MATTERS TO BE CONSIDERED IN DETERMINING CONDITIONS OF RELEASE;  CONTEMPT, SO AS TO INCLUDE IN THE CONSIDERATION OF A PERSON'S MENTAL CONDITION THE DIRECT OBSERVATIONS OF A LAW ENFORCEMENT OFFICER THAT CAUSE REASONABLE CONCERN WITH A PERSON'S MENTAL CONDITION AND TO ALLOW THE COURT TO INCLUDE IN THE BOND CONDITIONS THAT LAW ENFORCEMENT TRANSPORT THE PERSON FOR AN EMERGENCY PSYCHIATRIC EVALUATION OR THE PERSON IS REQUIRED TO SEEK MEDICAL TREATMENT UPON RELEASE.

 

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

 

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

 

    Section 17-15-15.  (A) Except as provided in subsection (D), in lieu of requiring actual posting of bond as provided in Section 17-15-10(A), the court setting bond may permit the defendant to deposit in cash with the clerk of court an amount not to exceed ten percent of the amount of bond set, which amount, when the defendant fulfills the condition of the bond, must be returned to the defendant by the clerk except as provided in subsection (C).

    (B) The cash deposit provided for in subsection (A) must be assignable at any time after it is posted with the clerk of court by written assignment executed by the defendant and delivered to the clerk.  After assignment and after the defendant fulfills the condition of his bond, the clerk shall return the cash deposit to the assignee.

    (C) In the event the cash deposit is not assigned but the defendant is required by the court to make restitution to the victim of his crime, the deposit may be used for the purpose of restitution.

    (D) The provisions of this section do not apply if the defendant is charged with a violent offense, as defined by Section 16-1-60, or any felony offense involving a firearm while out on bond or other pretrial release. or drugs.  If the court, pursuant to the limitations of Section 17-15-30, finds that such defendant may be released pending trial, bond must be set at the full United States currency cash bond to the exclusion of all other forms of bond whether the bond is posted by the defendant or with a bondsman.  After the defendant fulfills the conditions of the bond, the clerk shall return the cash bond amount paid to the defendant.  However, in the event the defendant is required by the court to make restitution to the victim of his crime, the cash bond may be used for the purpose of such restitution.

    Any currency cash bond must be conditioned on the person charged personally appearing before the court specified to answer the charge or indictment and to do and receive what is enjoined by the court, and not to leave the State, and be of good behavior toward all the citizens of the State, or especially toward a person or persons specified by the court.  Additionally, the court may impose any other conditions allowed under Chapter 15, Title 17, and any other provision of law.

 

SECTION 2.  Section 17-15-30 of the S.C. Code is 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 or an individual, a court may, on the basis of the following information, consider the nature and circumstances of an offense charged and the charged person's:

       (1) family ties;

       (2) employment;

       (3) financial resources;

       (4) character and mental condition;, including the law enforcement officer's concerns regarding an individual's mental condition based on behavior directly observed by the law enforcement officer;

       (5) length of residence in the community;

       (6) record of convictions;  and

       (7) record of flight to avoid prosecution or failure to appear at other court proceedings.

    (B) A court must consider:

       (1) a person's criminal record;

       (2) any current charges pending against a person and any prior charges against a person at the time release is requested;

       (3) all incident reports generated as a result of an offense charged;

       (4) whether a person is an alien unlawfully present in the United States, and poses a substantial flight risk due to this status;

       (5) whether the charged person appears in the state gang database maintained at the State Law Enforcement Division;  and

       (6) whether a person is currently out on bond for another offense.; and

       (7) whether the arresting officer directly observed behavior that causes reasonable concerns with regard to an individual's mental condition and:

           (a) may require an individual to be transported for the purposes of an emergency psychiatric evaluation or

           (b) may require the court to add as a condition that the individual seek medical treatment upon release.

    (C)(1) Prior to or at the time of a hearing, the arresting law enforcement agency must provide the court with the following information:

           (a) a person's criminal record;

           (b) any charges pending against a person at the time release is requested;

           (c) all incident reports generated as a result of the offense charged;  and

           (d) any other information that will assist the court in determining conditions of release to include, but not be limited to, notification of any existing bonds for another offense or the law enforcement officer's direct observations of behavior concerning the person's mental condition.

       (2) The arresting law enforcement agency shall inform the court if any of the information is not available at the time of the hearing and the reason the information is not available.  Failure on the part of the law enforcement agency to provide the court with the information does not constitute grounds for the postponement or delay of the person's hearing.  Notwithstanding the provisions of this item, when a person is charged with a violation of Chapter 25, Title 16, the bond hearing may not proceed without the person's criminal record and incident report or the presence of the arresting officer.  The bond hearing for a violation of Chapter 25, Title 16 must occur within twenty-four hours after the arrest.

    (D) A court hearing these matters has contempt powers to enforce the provisions of this section.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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