The bill H. 3651 aims 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, specifically criminal sexual conduct with minors. 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 related to these offenses.

Additionally, the bill outlines the conditions under which individuals may petition for release from electronic monitoring after ten years of compliance. It specifies that the court must hold a hearing to consider the petition, allowing for input from the solicitor, the Department of Probation, Parole and Pardon Services, and any victims. The court can only grant the release if there is clear and convincing evidence of compliance with monitoring terms. Notably, individuals convicted of first or third-degree criminal sexual conduct with minors are not eligible to petition for release from monitoring.

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