A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY ADDING SECTION 17-15-36 SO AS TO PROVIDE PROCEDURES FOR COURT ORDERED THIRD-PARTY MONITORING AS AN ADDITIONAL CONDITION FOR BOND AND TO PROVIDE DEFINITIONS.

 

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

 

SECTION 1.  Chapter 15, Title 17 of the S.C. Code is amended by adding:

 

    Section 17-15-36.  (A) As used in this section:

       (1) "Third-party monitoring condition" means any condition that requires a third-party to administer a test or to independently confirm or verify the participants compliance with conditions of bond ordered by the court under the provisions of this section, including but not limited to alcohol and drug testing or home detention, or compliance of the participant sentenced pursuant to the provisions contained in Sections 24-13-1550, 24-13-1560, and 24-13-1570.

       (2) "Monitoring agency" means a law enforcement agency, licensed bondsman or bonding company, or other monitoring company that is certified by the South Carolina Law Enforcement Division to monitor participants placed on home detention, including, but not limited to, participants without a monitor or to monitor participants ordered to undergo drug and alcohol testing under the provisions of this section.

       (3) "Participant" means a person, ordered by the court or as a condition of bond to undergo third-party monitoring to verify his compliance with the conditions of bond or court ordered sentence pursuant to the provisions contained in Sections 24-13-1550, 24-13-1560, and 24-13-1570.

    (B) A participant who is ordered to comply with a third-party monitoring condition must:

       (1) abide by other terms and conditions set forth by the monitoring agency with regard to the third-party monitoring conditions; and

       (2) turn himself in to custody of the appropriate detention facility upon the order of the monitoring agency or the appropriate law enforcement agency with jurisdiction over the offense.

    (C) A participant ordered by the court to be monitored under the provisions of this section who fails to comply with any of the provisions of this section or who fails to comply with any additional condition of the court order including location restrictions may have his bond revoked, may have the imposed sentence pursuant to the provisions contained in Sections 24-13-1550, 24-13-1560, and 24-13-1570 amended at the discretion of the court, or may be punished for contempt at the discretion of the court.

 

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

----XX----