2005-2006 Bill 4298: Electronic Monitoring Device - South Carolina Legislature Online

South Carolina General Assembly

116th Session, 2005-2006

H. 4298

STATUS INFORMATION

General Bill

Sponsors: Reps. Cooper, Cotty, Davenport, Taylor, G.R.Smith, Kirsh, Barfield, Witherspoon, Chellis, J.R.Smith, Jefferson, J.Brown, Umphlett, Hinson, Sandifer, Battle, Townsend, Jennings, Loftis, Clark, Bailey, Altman, Vaughn, M.A.Pitts, Coates, G.M.Smith, Toole, Littlejohn, Mahaffey, Agnew, Hardwick, Walker, Haley and Brady

Document Path: l:\council\bills\bbm\9021cm06.doc

Introduced in the House on January 10, 2006

Currently residing in the House Committee on Judiciary

Summary: Electronic monitoring device

HISTORY OF LEGISLATIVE ACTIONS

DateBodyAction Description with journal page number

11/16/2005HousePrefiled

11/16/2005HouseReferred to Committee on Judiciary

1/10/2006HouseIntroduced and read first time HJ21

1/10/2006HouseReferred to Committee on JudiciaryHJ21

1/11/2006HouseMember(s) request name added as sponsor: Walker

1/17/2006HouseMember(s) request name added as sponsor: Haley

1/24/2006HouseMember(s) request name added as sponsor: Brady

VERSIONS OF THIS BILL

11/16/2005

A BILL

TO AMEND SECTION 24131530, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO ELECTRONIC AND NONELECTRONIC HOME DETENTION PROGRAMS, SO AS TO PROVIDE THAT ALL HOME DETENTION PROGRAMS MUST EMPLOY ACTIVE ELECTRONIC MONITORING DEVICES, AN OFFENDER PLACED IN A HOME DETENTION PROGRAM MUST BE ASSESSED AND IS RESPONSIBLE FOR PAYING HIS MONITORING DEVICE COSTS, TO DEFINE THE TERM “ACTIVE ELECTRONIC MONITORING DEVICE”, AND TO PROVIDE THAT TAMPERING WITH AN ACTIVE ELECTRONIC MONITORING DEVICE IS A FELONY UNDER CERTAIN CIRCUMSTANCES.

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

SECTION1.Section 24131530 of the 1976 Code, as last amended by Act 7 of 1995, is further amended to read:

“Section 24131530.(A)Notwithstanding another provision of law which requires mandatory incarceration, active electronic and nonelectronicmonitoring device home detention programs may be used as an alternative to incarceration for low risk, nonviolent adult and juvenile offenders as selected by the court if there is a home detention program available in the jurisdiction. An offender placed in an active electronic monitoring device home detention program must be assessed, and is responsible for paying, his active electronic monitoring device costs. Applications by offenders for home detention may be made to the court as an alternative to the following correctional programs:

(1)pretrial or preadjudicatory detention;

(2)probation (intensive supervision);

(3)community corrections (diversion);

(4)parole (early release);

(5)work release;

(6)institutional furlough;

(7)jail diversion; or

(8)shock incarceration.

(B)Local governments also may establish by ordinance the same alternative to incarceration for persons who are awaiting trial and for offenders whose sentences do not place them in the custody of the Department of Corrections. Counties and municipalities may develop active electronic monitoring device home detention programs according to the Minimum Standards for Local Detention Facilities in South Carolina which are established pursuant to Section 24920 and enforced pursuant to Section 24930.

(C)As used in this section, ‘active electronic monitoring device’ means a mechanism that actively monitors and identifies the offender’s location and timely reports or records the offender’s presence near or within a crime scene or in a prohibited area or the offender’s departure from specified geographic limitations and must include a global positioning system satellite surveillance method.

(D)A person who intentionally alters, tampers with, damages, or destroys an active electronic monitoring device is guilty of the felony offense of tampering with an active electronic monitoring device and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.

(E)The provisions of subsection (D) do not apply to the owner of the devices provided in subsection (D) or to an agent of the owner performing maintenance and repairs to these devices.”

SECTION2.This act takes effect upon approval by the Governor.

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