2011-01

South Carolina Court Administration

South Carolina Supreme Court
Columbia, South Carolina

ROSALYN W. FRIERSON
DIRECTOR

 

  

1015 SUMTER STREET, SUITE 200
COLUMBIA, SOUTH CAROLINA  29201
TELEPHONE:  (803) 734-1800
FAX:  (803) 734-1355

MEMORANDUM

TO: Magistrates and Municipal Judges
FROM: Robert L. McCurdy, Assistant Director
RE: List of Charges Bondable and Non-Bondable by a Summary Court Judge/Violent Crimes
DATE: September 14, 2012

Pursuant to § 22-5-510, magistrates and municipal judges may admit to bail a person charged with an offense, the punishment of which is not death or imprisonment for life; however, with respect to violent crimes as defined in § 16-1-60, magistrates and municipal judges may deny bail giving due weight to the evidence and to the nature of the circumstances of the offense.

If a crime carries the punishment of death or life imprisonment, a circuit court judge must set bond. I have attached a list of those offenses which are non-bondable by magistrates or municipal judges (carry death or life imprisonment). The list also contains offenses in which bond may be denied by a magistrate or municipal judge giving due weight to the evidence and to the nature of the circumstances of the offense.

This list has been previously provided to you. However, this past legislative term, two Bills required that the list be amended. Act No. 286 amended § 17-15-10(B), so as to provide that a summary court judge may set bond on Burglary, 1st degree, unless the solicitor objects. This offense carries the possibility of a life sentence and is, therefore, an exception to the general rule addressed in paragraph two of this memorandum. Also, Act No. 255 amended §16-3-655(C), to add CSC with a Minor, 3rd degree, to that statute. The Bill repealed Committing a Lewd Act upon a Minor and replaced it with CSC with a Minor, 3rd degree, which is a violent crime. Those changes are reflected in the list below.

This list does not take into account possible life sentences for subsequent convictions for “most serious offenses” and “serious offenses,” as provided in § 17-25-45. If a magistrate or municipal judge determines from a defendant’s criminal record when setting bond that the offense falls within the parameters outlined in § 17-25-45, that case should be forwarded to a circuit court judge for the setting of bond.

Should you have questions concerning this matter, please do not hesitate to contact this Office.

RLM/mhb

****If the offense is punishable by death or life imprisonment, that offense is non-bondable by a magistrate or municipal judge and must be sent to the Circuit Court for the setting of bond.  ****Magistrates and municipal judges may deny bond for all other violent crimes listed below, as defined by 16-1-60 (excluding offenses punishable by death or life imprisonment), giving due weight to the evidence and to the nature and circumstances of the event.

VIOLENT CRIMES THAT REQUIRE A CIRCUIT COURT JUDGE TO SET BOND

VIOLENT CRIMES IN WHICH A SUMMARY COURT JUDGE MAY SET OR DENY BOND (Section 16-1-60)