The bill H. 3651 seeks to amend Section 23-3-540 of the South Carolina Code of Laws, which pertains to the electronic monitoring of individuals convicted of certain sex offenses. The proposed changes mandate that individuals convicted of criminal sexual conduct with a minor in the second degree must be subjected to active electronic monitoring upon their release from incarceration or when placed under the supervision of the Department of Probation, Parole and Pardon Services. This requirement extends to those who violate terms of probation, parole, or community supervision, as well as those who breach provisions of the article related to sex offender registration.

Additionally, the bill outlines the process for individuals to petition for release from electronic monitoring after ten years of compliance. The court must hold a hearing to consider the petition, allowing input from the solicitor, the Department of Probation, Parole and Pardon Services, and any victims. If the court finds sufficient evidence of compliance, it may grant the release; however, individuals may only refile a petition every five years if their initial request is denied. The bill emphasizes the ongoing monitoring of individuals on the sex offender registry unless they are committed to state custody.

Statutes affected:
12/12/2024: 23-3-540
Latest Version: 23-3-540