The bill H. 5401 aims to amend the South Carolina Code of Laws regarding electronic monitoring by establishing new offenses and penalties related to the operation of electronic monitoring companies. It modifies Section 17-15-37 to require the South Carolina Law Enforcement Division (SLED) to certify electronic monitoring agencies and maintain a public list of certified companies. The bill outlines specific responsibilities for approved electronic monitoring agencies, including providing real-time monitoring access to law enforcement, notifying relevant parties of violations, and imposing penalties for non-compliance. Notably, it introduces penalties for individuals or entities operating without certification, including fines and imprisonment.

Additionally, the bill amends Section 38-53-84 to prohibit bondsmen from knowingly contracting with or utilizing the services of uncertified electronic monitoring companies. It mandates that bondsmen notify the solicitor of any violations of court orders related to electronic monitoring within forty-eight hours. The bill also stipulates that failure to comply with these requirements may result in administrative actions against the bondsman, including potential fines or license revocation. Overall, the legislation seeks to enhance the regulation and accountability of electronic monitoring services in South Carolina.

Statutes affected:
03/24/2026: 17-15-37, 38-53-84
Latest Version: 17-15-37, 38-53-84