South Carolina Code 38-53-310. Bail bond reports
(B) Each surety bondsman shall, within thirty days of executing a bail bond, file with their respective insurance provider a written or electronic report in a form approved by the director or his designee detailing all bail bonds on which he has cause to be executed.
Terms Used In South Carolina Code 38-53-310
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Bail bond: means an undertaking by the defendant to appear in court as required upon penalty of forfeiting bail to the State in a stated amount and may include an unsecured appearance bond, a premium-secured appearance bond, an appearance bond secured by a cash deposit of the full amount of the bond, an appearance bond secured by a mortgage, and an appearance bond secured by at least one surety. See South Carolina Code 38-53-10
- Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
- Director: means the person who is appointed by the Governor upon the advice and consent of the Senate and who is responsible for the operation and management of the department. See South Carolina Code 38-1-20
- Electronic monitoring: means monitoring a person by the use of a device which records or transmits oral or wire communications or an auditory sound, visual images, or information regarding the person's activities. See South Carolina Code 38-53-10
- insurance: includes annuities. See South Carolina Code 38-1-20
- Principal: means a defendant or witness obligated to appear in court as required upon penalty of forfeiting bail under a bail bond. See South Carolina Code 38-53-10
- Professional bondsman: means any person who is approved and licensed under the provisions of this chapter and who pledges cash or approved securities with the clerk of court as security for bail bonds written in connection with a judicial proceeding and receives or is promised money or other things of value for the pledge. See South Carolina Code 38-53-10
- Surety: means one who, with the defendant, is liable for the amount of the bail bond upon forfeiture of bail. See South Carolina Code 38-53-10
(C) The reports referenced in subsections (A) and (B) shall include the following:
(1) each individual bonded;
(2) the date the bond was given;
(3) the principal sum of the bond;
(4) the state or local official with whom the bond was filed;
(5) the fee charged for the bonding service in each instance;
(6) all pending bonds; and
(7) any current data on monies to be collected and retained as an express condition of the bond, whether for electronic monitoring or otherwise.
(D) In lieu of the monthly submission of a written report to the clerk of court, the bondsman may utilize a data management software system, which contains the above required current information, and is capable of providing the appropriate clerk of court or his designee with real-time access to the data management system through a portal, website, or other data access system through which the clerk of court can confirm he has access to the required information.