(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; (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. (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. (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. Effect of Amendment 2014 Act No. 144, SECTION 2, substituted "person" for "accused" throughout; in subsection (A), substituted "the following information" for "available information"; in subsection (B), deleted ", if available" following "shall consider"; added subsection (B)(5), relating to the state gang database; in subsection (C)(1), deleted ", if available" following "following information"; and made other nonsubstantive changes. 2015 Act No. 58, SECTION 10, in (A), inserted "or an individual"; and in (C)(2), added the last two sentences relating to Chapter 25, Title 16. 2023 Act No. 83, SECTION 3, in (B), substituted "must consider" for "shall consider", in (2), substituted "current charges pending against a person and any prior charges against a person" for "charges pending against a person", and added (6); in (C)(1), substituted "must provide" for "shall provide", and in (d), added "to include, but not be limited to, notification of any existing bonds for another offense"; and made nonsubstantive changes.
‹ Prev All South Carolina sections Next ›
Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.