Bill
H 5401
The bill tightens electronic monitoring oversight by requiring SLED certification for providers, enhances real-time data access and notifications, and imposes penalties for uncerti
Jurisdiction: South Carolina
Title: Electronic monitoring
Purpose and intent
- The bill amends existing state law to strengthen the regulation of electronic monitoring for defendants under court-ordered supervision.
- It establishes new offenses and penalties related to operating uncertified electronic monitoring companies.
- It adds requirements for bondsmen and bonding companies to avoid contracting with uncertified providers.
- It enhances reporting obligations and enforcement mechanisms through SLED (South Carolina Law Enforcement Division) and the judiciary.
Key provisions and changes
1) Electronic monitoring agency standards and certification (Section 17-15-37)
- SLED may promulgate regulations to implement electronic monitoring requirements and shall certify electronic monitoring agencies (including law enforcement agencies, electronic monitoring companies, and bondsmen/bonding companies).
- SLED must maintain and publish a list of certified agencies.
2) Obligations of approved electronic monitoring agencies
- Agencies must provide active electronic monitoring devices or mobile apps that:
- Verify the individual’s identity and track location at regular and random intervals.
- Record and report presence within or near prohibited areas and departures from designated locations.
- Real-time access: Law enforcement and prosecutors must have access to real-time monitoring data where possible; reports must be provided within 24 hours upon request.
- Violation notification: Agencies must notify the supervising solicitor and the bondsman within 48 hours if a participant violates a monitoring order or is surrendered to law enforcement.
- Victim notification: Agencies must immediately notify local law enforcement and make reasonable efforts to notify the victim if exclusion zones or monitored areas are violated.
3) Compliance, sanctions, and penalties
- If an agency fails to comply with SLED regulations, court orders, or statutes, the solicitor can report the agency to SLED for action, which may include fines, suspension, or revocation of certification.
- Uncertified operators: Operating an electronic monitoring company without SLED certification is a misdemeanor with penalties up to $3,000 fine and/or up to 3 years in prison.
- False statements or misrepresentations:
- Falsifying, forging, altering, or misrepresenting SLED certification; submitting false documentation to obtain certification; operating after certification denial/suspension/revocation; or knowingly presenting uncertified status as certified to courts or agencies, can result in criminal penalties and may include economic sanctions (referenced to Section 38-55-540 for penalties related to false statements).
- Injunctive relief and other remedies: SLED retains authority to seek injunctive relief, administrative sanctions, revoke certification, and regulate in line with these provisions.
4) Bond-related consequences and court procedure (Section 17-15-37, subsections G)
- If a defendant is notified that their monitoring provider is not certified, the defendant has 72 hours to show proof that they are monitored by a SLED-certified provider.
- Failure to demonstrate certified monitoring within 72 hours constitutes a bond condition violation, allowing the court to impose sanctions (including modifying or revoking bond, issuing a bench warrant).
- Notice requirements: Courts or clerks may provide notice in writing or by other reasonably reliable methods.
- Protections for defendants: A defendant subject to electronic monitoring cannot be penalized solely because the monitoring company failed to meet certification requirements.
5) Notifications and bondsman obligations (Section 38-53-84)
- Monitoring entities must notify the solicitor within 48 hours of violations.
- Defendants’ failure to pay the full monthly monitoring fee can constitute good cause for the bondsman to seek removal of the defendant from bond and surrender to custody.
- Bondsmen must not knowingly contract with, refer to, or utilize uncertified electronic monitoring providers.
- Violations by bondsmen of the reporting requirements can lead to penalties including fines, suspension, or revocation of the bondsman’s license through the South Carolina Department of Insurance.
Effective date
- The act takes effect upon the Governor’s approval.
Additional context
- The bill has undergone committee consideration and was amended in the Judiciary Committee. It received unanimous support in the House (reference to a 102-0 roll call) on April 16, 2026, and progressed to third-reading considerations.
Who is affected
Overall impact
- The bill tightens regulation and oversight of electronic monitoring, raises penalties for uncertified operators, strengthens duties on monitoring agencies and bondsmen, improves reporting and notification workflows, and provides legal mechanisms to ensure defendants are monitored by certified providers.
Compiled from official sources — confirm details with the bill’s official record.
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