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.

 

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 contracted with and is being monitored by a SLED-certified electronic monitoring company.

       (1) Failure to comply with the requirements within seventy-two hours constitutes a violation of a condition of bond.

       (2) Upon such violation, the court may impose sanctions as authorized by law including, but not limited to, modification or revocation of bond, issuance of a bench warrant, or any other sanction deemed appropriate by the court.

       (3) Notice under this section may be provided in writing by the court, the clerk of court, the Office of the Solicitor, or by any other method reasonably calculated to provide actual notice to the defendant.

       (4) A defendant subject to electronic monitoring shall not be penalized, found in violation of bond conditions, or otherwise sanctioned solely due to the failure of an electronic monitoring company or bonding company to comply with the certification requirements of this section.

 

SECTION 2.  Section 38-53-84 of the S.C. Code is amended to read:

 

    Section 38-53-84.  (A) A person engaged in electronic monitoring of a defendant must, within forty-eight hours, notify the solicitor having jurisdiction over the defendant when he becomes aware or should have become aware that the defendant has violated any provision of the court's order for electronic monitoring.  Failure of a defendant to timely pay the bondsman the full monthly electronic monitoring fee associated with the cost of the electronic monitoring device and the associated cost of the monitoring service shall, in and of itself, constitute good cause for the bondsman to file a motion to be relieved on the bond and to surrender the defendant to the custody of the appropriate detention facility pursuant to Section 38-53-50.

    (B) A professional bondsman, surety bondsman, or bonding company must not knowingly contract with, refer a defendant to, or otherwise utilize the services of an electronic monitoring company not certified pursuant to Section 17-15-37.

    (C) Failure of the bondsman to maintain compliance with the reporting requirement of subsection subsections (A) or (B) shall be reported to the South Carolina Department of Insurance by the solicitor for administrative action whereby the bondsman's license may be fined, suspended, or revoked.

 

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

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