How Bond Laws Changed in South Carolina in 2023

Since taking effect on June 26, 2023, a recent bill in South Carolina has caused significant changes to the bond system in our state. The new laws carry severe punishments and a significant increase in the amount of money needed upfront in order to post bond - and as a result, this has left many people stuck in jail on high “cash bonds” that are now required by the law. Here are a few of the important things to know about the current bail/bond system in South Carolina: 

(For a list of violent offenses, click here.)

1. If a person is out on bond for a violent offense and is rearrested for an offense that is a) also violent, and/or b) involves a firearm: 

➤ The person’s bond on the first charge is automatically revoked by law. (Previously, the solicitor/prosecutor would have to file a motion and the judge would decide whether to revoke.)

➤ A judge’s only option is to set a cash bond on the new charge. This means that the entire amount must be deposited upfront with the clerk of court in order to bond out, rather than paying a percentage to a bondsman. 
  • If the charge is later dismissed, the amount deposited will be refunded to the person.  
  • If the person is convicted and ordered to pay restitution, the deposited amount will automatically be applied towards restitution. 
➤ If the person is convicted of the first offense, then later convicted of the second offense, this forms a new charge that is punishable by up to (an additional) 5 years.  

2. If a person is a) out on bond for any charge and is rearrested on a new offense, or b) their bond is revoked due to a new charge, they will not earn any credit for pretrial time served towards their sentence if later convicted. 

3. At any bond hearing, judges are now also required to consider these additional factors when deciding what amount to set for bond:

➤ Whether the person is classified as a gang member in the state database; and

➤ Whether the person was already out on bond when arrested for the current charge. 

4. If a person is ordered to be placed on a GPS ankle monitor, the agency providing the monitor must be certified by the South Carolina Law Enforcement Division (SLED). 

5. Law enforcement and/or SLED can request location reports from the GPS monitor agency at any time, and the agency is required to provide those reports to them. 

6. If a person is found to be in violation of the ankle monitor condition(s), the agency is required to report the violation to the solicitor/prosecutor within 48 hours, and immediately notify the police. 

7. By law, magistrate judges are now allowed to deny bond to individuals charged with a violent offense. (Previously, this only applied this to offenses with a maximum penalty of life or death.) 

Now more than ever, it is important to have an attorney who is familiar with the bond laws, local court systems, and prosecutors, to ensure your best chances at being released and receiving a favorable outcome in your case. To schedule a consultation, please call or text (843) 849-4466 or submit a request here.

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