012007

MEMORANDUM

TO: Magistrates and Municipal Judges
FROM: Robert L. McCurdy
RE: Bond List
DATE: July 27, 2007

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.

It has come to our attention that some of you may be unaware of recent statutory changes which would prohibit you from setting bond on certain offenses. If the crime carries the punishment of death or life imprisonment, a circuit court judge must set bond. Therefore, I have provided below a list of non-bondable offenses by magistrates or municipal judges (carry death or life imprisonment), as well as 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 (violent crimes as defined in 16-1-60).

This list does not take into account possible life sentences for subsequent convictions for serious offenses, as provided in 17-25-45. If a magistrate or municipal judge has access to a defendants criminal record when setting bond on a serious offense and determines 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.

****If the offense is punishable by DEATH or LIFE IMPRISONMENT the magistrate must send to a Circuit Court Judge to set bond. ****

Magistrates may deny bail for violent crimes as defined in 16-1-60 giving due weight to the evidence and to the nature and circumstances of the event.

Violent crimes as defined in statute 16-1-60.

For purposes of definition under South Carolina law, a violent crime includes the offenses of:

****Murder (Section 16-3-10 ) ****NON-BONDABLE****

****Burglary in the 1st degree (Section 16-11-311) ****NON-BONDABLE****

****Homicide by child abuse (Section 16-3-85(A)(1)) ****NON-BONDABLE**** (Subsection (A)(2) is bondable)

****CSC with a minor less than 11 years of age (Section 16-3-655 (A)(1)) ****NON-BONDABLE****

****Death or injury to a child in utero due to comm. of a violent crime (Section 16-3-1083(A)(1)) ****NON-BONDABLE****

****Lynching 1st Degree (Section 16-3-210) ****NON-BONDABLE****

**Accessory before the fact to commit any of the above offenses (Section 16-1-40) ****Non-bondable if the principal charge would carry life imprisonment or death.****

**Attempt to commit any of the above offenses (Section 16-1-80) ****Non-bondable if the principal charge would carry life imprisonment or death.****

**Kidnapping (Section 16-3-910) ****Non-bondable if it results in murder.****

Criminal Sexual Conduct in the 1st and 2nd Degree (Sections 16-3-652 and 16-3-653)

Criminal Sexual Conduct with minors, 1st and 2nd Degree (Section 16-3-655)

Assault with intent to commit CSC, 1st & 2nd degree (Section 16-3-656)

Assault and Battery with intent to kill (Section 16-3-620)

Voluntary Manslaughter (Section 16-3-50)

Armed Robbery (Section 16-11-330(A))

Attempted Armed Robbery (Section 16-11-330(B))

Carjacking (Section 16-3-1075)

Drug Trafficking as defined in Section 44-53-370(e)

Manufacturing or Trafficking Methamphetamine as defined in Section 44-53-375

Trafficking Cocaine Base as defined in Section 44-53-375(C)

Arson in the 1st degree (Section 16-11-110(A))

Arson in the 2nd degree (Section 16-11-110(B))

Burglary in the 2nd degree (Section 16-11-312(B))

Engaging a child for a sexual performance (Section 16-3-810)

Aiding and abetting homicide by child abuse (Section 16-3-85(A)(2))

Inflicting great bodily injury upon a child (Section 16-3-95(A))

Allowing great bodily injury to be inflicted upon a child (Section 16-3-95(B))

Criminal Domestic Violence of a High and Aggravated Nature (Section 16-25-65)

Abuse or neglect of a vulnerable adult resulting in death (Section 43-35-85(F))

Abuse or neglect of a vulnerable adult resulting in great bodily injury (Section 43-35-85(E))

Taking of a hostage by an inmate (Section 24-13-450).