S0716 revises South Carolina’s pretrial release and bond rules in two main ways. First, it changes Section 17-15-15 so that defendants charged with a violent offense, or a felony involving a firearm or drugs, would not be eligible for the existing 10% cash-deposit option in lieu of full bond. If a court still determines such a defendant may be released, the bill requires the bond to be set as a full cash bond, rather than allowing other forms of bond, while preserving the possibility that bond funds may be used for restitution to a victim if ordered by the court.
Second, the bill expands the factors a court may and must consider when setting conditions of release under Section 17-15-30. It adds law enforcement officers’ direct observations of behavior that raise reasonable concern about a person’s mental condition, and it authorizes bond conditions requiring transport for an emergency psychiatric evaluation or requiring the person to seek medical treatment after release. The bill also clarifies that law enforcement agencies should provide the court with relevant criminal-history and incident-report information, including observations related to mental condition, and it preserves the court’s contempt powers to enforce these requirements.
Impact
The bill would amend South Carolina Code Sections 17-15-15 and 17-15-30, tightening bond eligibility for certain serious offenses and broadening judicial discretion in pretrial release decisions. It would remove the 10% cash deposit option for defendants charged with violent offenses or felony firearm/drug offenses and require full cash bond if release is allowed, affecting defendants, courts, clerks of court, and potentially bondsmen. It also adds new statutory considerations and possible release conditions tied to mental health concerns, which would affect arresting officers’ reporting duties and courts’ authority to order psychiatric evaluation or treatment-related conditions.
Sentiment
Based on the bill text and the absence of recorded committee debate or votes, the measure appears to reflect a law-and-order approach to pretrial release, with added attention to public safety and mental-health intervention. The overall direction suggests support for stricter bond conditions in serious criminal cases while also giving courts more tools to respond to apparent mental-health crises at the time of arrest. No formal vote history or transcript is available here to show opposition or support from specific legislators or stakeholders.
Contention
The likely points of contention are the bill’s elimination of the 10% cash-deposit option for people charged with violent offenses or felony firearm/drug offenses, and the requirement of full cash bond, which could be criticized as limiting access to pretrial release for defendants with limited financial means. Another possible area of debate is the use of law enforcement officers’ direct observations to inform mental-condition findings and bond conditions, which may raise concerns about subjectivity, due process, and the appropriate role of police in mental-health determinations. Supporters would likely emphasize public safety, accountability, and early intervention for individuals in crisis, while critics may focus on fairness, jail population impacts, and the risk of overbroad detention.
Similar To
A BILL TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 17-15-15, RELATING TO THE DEPOSIT OF CASH PERCENTAGES IN LIEU OF BOND, ASSIGNMENT OF DEPOSITS, AND RESTITUTION TO VICTIMS, 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, 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.
Bail Bonds; Bail Reform Act of 1993 and Bail Bond Regulatory Act amended; certain undeposited fees forgiven; penalties for crime of bail jumping increased; to provide further for conditional forfeitures, out-of-state bondsmen and sureties, limitations on property owners as sureties; to provide further for the definition of an employee of a professional bail bond company or professional surety company, for the licensing and duties of apprentices; to increase the membership of the Alabama Professional Bail Bonding Board; provide for a late fee for renewals; and to require applicants for licensing to be residents of this state for at least one year