It’s been nearly three months since Gov. Henry McMaster signed Bill H. 3532, also known as the bond reformation bill, into law, and it seems local law enforcement agencies have yet to set procedures that will adhere to the new laws. 

The bond reformation bill amended pre-existing state laws that pertain to bail bonds, including how and when a criminal defendant can receive a bond. 

The reformation made old policies clearer to judges, law enforcement, and prosecutors when working on a case, according to Rick Hubbard, solicitor for the 11th Judicial Circuit . 

The 11th Circuit Solicitor's Office, which represents Lexington, Saluda, McCormick and Edgefield counties, is helping agencies develop procedures that adhere to the bill. 

“It’s the responsibility of my office to stay up on this and to make sure we're doing our due diligence to enforce this law,” Hubbard said.  

However, the Solicitor's Office did not address the bond reformation bill until Aug. 14 despite the bill being passed months ago.

“My job as a prosecutor is also educating law enforcement,” Hubbard told the Chronicle. “I drew up a memo and sent it out to every police agency in the entire 11th Circuit, explaining this law and what their duties are. Some of these officers don't keep up with the day-to-day news because they're busy enough doing their job, so there's always a lag time. It's gonna take us several months to really figure out how this is working for us and really adopt a new set of procedures for law enforcement. That is normal for something like this.”

The memo urged departments to use the solicitor’s office as a resource when developing new policies regarding the legislation. It also states the exact impacts the bill has and what is now expected of law enforcement agencies going forward.

“In order to ensure compliance with these new provisions, it is critical that law enforcement agencies who arrest any person for either a violent crime or any felony offense involving a firearm confirm whether that person has any pending criminal charges in South Carolina for a violent crime or any felony offense involving a firearm,” Hubbard writes in his memo to law enforcement.

Not only did the bill amend the way bonds were granted, it added a new criminal felony to any repeat offender while they are already out on bond for a violent crime.

The new offense states that if a criminal defendant commits a violent crime while out on bond for an initial charge of a violent crime, the original bond will be revoked and the defendant will not be eligible for bond for the second crime.

The offense also states that in this case, the trial must be held within 30 days in the respective circuit court. 

“All of us over in this jurisdiction, I think, are happy to see this and we'll all work together to make sure that we're doing our jobs,” said Hubbard. “And as a result of that, people should be safer in this county than they were before this bill became law.” 

The Chronicle sent questions to the state Law Enforcement Division, seeking more clarity on the impacts the bond reform bill will have.

“SLED is drafting certification standards for Electronic Monitoring Agencies and Electronic Monitoring Devices,” said Renee Wunderlich, when asked about what new procedures SLED will be implementing. “Once the standards are vetted and finalized, they will be distributed to stakeholders and posted on our website.”