2014-04

South Carolina Court Administration

South Carolina Supreme Court
Columbia, South Carolina

MEMORANDUM

Pursuant to § 22-5-510, summary court 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, summary court judges may deny bail giving due weight to the evidence and to the nature of the circumstances of the offense.  Attached is a list of those offenses which are non-bondable by magistrates or municipal judges (carry death or life imprisonment).  The list also contains those 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.

There are two exceptions to the statutory bonding rules provided above. (1) § 17-15-10(B) provides that a summary court judge may set bond on Burglary, 1st degree, unless the solicitor objects. (2) §17-15-55 (C) provides that a circuit court judge, within 30 days of arrest, must set bond on a person charged with committing a violent crime while the person is out on bond for committing a previous violent offense, and the offense did not arise out of the same series of events as the previous violent crime.

Finally, 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.

CRIMES THAT REQUIRE A CIRCUIT COURT JUDGE TO SET BOND

• Murder (§ 16-3-10)
• Homicide by child abuse (§ 16-3-85(A)(1)) (Subsection (A)(2) is bondable)
• Criminal Sexual Conduct with a minor less than 11 years of age (§ 16-3-655 (A)(1))
• Death or injury to a child in utero due to comm. of a violent crime (§ 16-3-1083(A)(1))
• Detonating a Destructive Device Resulting in Death with Malice (§ 16-23-720(A)(1))
• Putting Destructive or Injurious Materials on a Highway resulting in Death (§ 57-7-20(D))
• Obstruction of a Railroad Resulting in Death (§ 58-17-4090)
• Kidnapping (§ 16-3-910) ****Non-bondable only if it results in murder. ****
• Detonating a Destructive Device Upon the Capitol Grounds Resulting in Death with Malice (§ 10-11-325(B)(1)
• Accessory before the fact to commit any of the above offenses (§ 16-1-40)
• Attempt to commit any of the above offenses (§ 16-1-80) (excluding attempted murder)
• Any violent offense committed while defendant on bond for previous violent offense (§17-15-55 (C))

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

• Attempted Murder (§ 16-3-29)
• Assault and Battery by a Mob, 1st Degree, Resulting in Death (§ 16-3-210(B))
• Burglary, 1st Degree (§ 16-11-311) (summary court judge may set bond unless solicitor objects)
• Criminal Sexual Conduct in the 1st and 2nd Degree (§§ 16-3-652 and 16-3-653)
• Criminal Sexual Conduct with minors, 1st, 2nd and 3rd Degree (§ 16-3-655)
• Assault with intent to commit CSC, 1st & 2nd degree (§ 16-3-656)
• Assault and Battery with intent to kill (§ 16-3-620)
• Assault and Battery of a High and Aggravated Nature (§ 16-3-600(B))
• Kidnapping (§ 16-3-910)
• Trafficking in Persons (§ 16-3-930)
• Voluntary Manslaughter (§ 16-3-50)
• Armed Robbery (§ 16-11-330(A))
• Attempted Armed Robbery (§ 16-11-330(B))
• Carjacking (§ 16-3-1075)
• Drug Trafficking as defined in § 44-53-370(e)
• Manufacturing or Trafficking Methamphetamine as defined in § 44-53-375
• Trafficking Cocaine Base as defined in § 44-53-375(C)
• Arson in the 1st degree (§ 16-11-110(A))
• Arson in the 2nd degree (§ 16-11-110(B))
• Burglary in the 2nd degree (§ 16-11-312(B))
• Engaging a child for a sexual performance (§ 16-3-810)
• Aiding and abetting homicide by child abuse (§ 16-3-85(A)(2))
• Inflicting great bodily injury upon a child (§ 16-3-95(A))
• Allowing great bodily injury to be inflicted upon a child (§ 16-3-95(B))
• Criminal Domestic Violence of a High and Aggravated Nature (§ 16-25-65)
• Abuse or neglect of a vulnerable adult resulting in death (§ 43-35-85(F))
• Abuse or neglect of a vulnerable adult resulting in great bodily injury (§ 43-35-85(E))
• Taking of a hostage by an inmate (§ 24-13-450)
• Spousal Sexual Battery (§ 16-3-615)
• Producing, Directing, or Promoting Sexual Performance by a Child (§ 16-3-820)
• Sexual Exploitation of a Minor 1st Degree (§ 16-15-395)
• Sexual Exploitation of a Minor 2nd Degree (§ 16-15-405)
• Promoting Prostitution of a Minor (§ 16-15-415)
• Participating in Prostitution of a Minor (§ 16-15-425)
  
• Aggravated Voyeurism (§ 16-17-470(C))
• Detonating a Destructive Device Resulting in Death without Malice (§ 16-23-720(A)(2))
• Boating Under the Influence Resulting in Death (§ 50-21-113(A)(2))
• Vessel Operator’s Failure to Render Assistance Resulting in Death (§ 50-21-130(A)(3))
• Damaging an Airport Facility or Removing Equipment Resulting in Death (§55-1-30(3))
• Failure to Stop when Signaled by a Law Enforcement Vehicle Resulting in Death (§56-5-750(C)(2))
• Interference with Traffic Control Devices, Railroad Signs, or Signals Resulting in Death (§56-5-1030(B)(3))
• Hit and Run Resulting in Death (§56-5-1210(A)(3)
• Felony Driving Under the Influence or Felony Driving with an Unlawful Alcohol Concentration Resulting in Death (§56-5-2945(A)(2))
• Putting Destructive or Injurious Materials on a Highway, Resulting in Death (§57-7-20(D))
• Accessory Before the Fact to Commit Any of the Above Offenses (§16-1-40)
• Attempt to Commit Any of the Above Offenses (§16-1-80)

****If the offense is punishable by death or life imprisonment, that offense is non-bondable by a summary court judge and must be sent to the Circuit Court for the setting of bond.

**** A circuit court judge, within 30 days of arrest, must set bond on a person charged with committing a violent crime while the person is out on bond for committing a previous violent offense, and the offense did not arise out of the same series of events as the previous violent crime.

**** Summary court judge may set bond on Burglary, 1st degree, unless the solicitor objects.

 ****Summary court judges may deny bond for all violent crimes listed above, as defined by §16-1-60, giving due weight to the evidence and to the nature and circumstances of the event (excluding offenses punishable by death or life imprisonment).