(A) A statewide pretrial classification program is established to bring about an improvement of magistrates' collections and consideration of information concerning release of persons placed in jail pending disposition of criminal charges. The program must allow magistrates to make more fully informed bail-setting decisions so those persons who present low risks of absconding while under appearance recognizance or an appearance bond may be released and those persons presenting unacceptably high risks of absconding or committing crime will continue to be held in custody.
(B) The Department of Probation, Parole and Pardon Services shall promulgate regulations in accordance with the Administrative Procedures Act to be used by magistrates in improving the collection and consideration of information on persons requesting release on appearance recognizance or appearance bonds. The regulations developed by the Department of Probation, Parole and Pardon Services must include the establishment of a "point-total" system for pretrial screening of appropriate defendants. This system must establish an amount or range of the recognizance entered into based on the nature of the offense charged, the danger the accused presents to himself and others, the likelihood the accused will flee to avoid trial, and other applicable factors. The regulations also must provide guidance for the collection and verification of relevant information on the person under consideration for the release.
HISTORY: 1995 Act No. 7, Part II, Section 41.
Code Commissioner's Note
The Code Commissioner corrected the reference to the Department of Probation, Parole and Pardon Services in the first and second sentences of subsection (B).
Structure South Carolina Code of Laws
Title 22 - Magistrates and Constables
Chapter 5 - Magistrates' Powers And Duties In Criminal Matters
Section 22-5-10. Warrant to break open doors of gambling rooms.
Section 22-5-110. Arrest, examination and commitment or punishment; warrant; courtesy summons.
Section 22-5-115. Summons to appear; issuance; design and contents of form; tracking.
Section 22-5-130. Magistrate as prosecutor when offense committed in his view.
Section 22-5-140. Arrests by magistrates to preserve the peace.
Section 22-5-150. Arrest of persons threatening breach of peace; trial or binding over.
Section 22-5-170. Duty of special officer appointed by magistrate.
Section 22-5-180. Swearer of warrant precluded from serving it.
Section 22-5-200. Disposition of persons arrested by deputy sheriffs without warrants.
Section 22-5-210. Copy of arrest warrant to arrested person.
Section 22-5-310. Sitting as examining court in matters beyond magistrates' jurisdiction.
Section 22-5-320. Defendant's demand for preliminary investigation; appearance by attorney.
Section 22-5-340. Removal of hearing.
Section 22-5-350. Return of papers pertaining to general sessions court; character of the papers.
Section 22-5-360. Penalty for failing to hold preliminary examination.
Section 22-5-520. Amount of recognizance of accused.
Section 22-5-540. Return of papers to clerk of general sessions.
Section 22-5-550. Arrest and committal of witness on refusal to enter into recognizance.
Section 22-5-560. Arrest of witness on behalf of accused.
Section 22-5-570. Amount of recognizance of witness.
Section 22-5-720. Recognizances of witnesses.
Section 22-5-910. Expungement of criminal records.
Section 22-5-920. Conviction as a youthful offender.
Section 22-5-930. Expungement; first offense drug convictions.