Bond Hearing Procedures in Magistrates and Municipal Courts

The Supreme Court of South Carolina

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ADMINISTRATIVE ORDER
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I find that clarification is needed concerning bond hearing procedures in magistrates and municipal court. Accordingly, pursuant to Article V, § 4, of the South Carolina Constitution,

IT IS ORDERED that the Chief Magistrate in each county, in cooperation with, and with input from, the other magistrates in the county, shall arrange a schedule so that a magistrate will always be available, in person or on-call, to conduct bond proceedings. Bond proceedings shall be conducted twice daily, once in the morning and once in the evening, at specific times which take into consideration all agencies involved. Should a Chief Magistrate desire to specify a schedule which deviates from the twice daily schedule, the revised schedule, and the reason for the deviation, must be submitted in writing to the Chief Justice for approval. If, under extraordinary circumstances, the on-call magistrate is requested to conduct a bond hearing at a time other than specified, hearings shall be held for the entire jail population eligible for release. The on-call magistrate shall immediately inform the Chief Magistrate that a special bond proceeding was conducted.

All persons incarcerated, booked, and charged with a bailable offense must have a bond hearing within twenty-four hours of their arrest as required by S.C. Code Ann. § 22-5-510. Further, the bonding magistrate must ensure that the procedures set forth in S.C. Code Ann. §§ 16-3-1505 to -1830, regarding victims’ rights, are observed.

All incarcerated individuals must receive an in-person bond hearing conducted by a duly appointed judicial officer prior to their release. Bond hearings shall not be conducted over the telephone and orders of release shall not be transmitted by facsimile from remote locations. The only exception to these requirements is in those counties where videoconferencing of bond hearings is approved by Order of the Supreme Court. All videoconferencing must strictly adhere to the requirements set forth in the Order of the Supreme Court dated March 7, 1994.

Any violation of the provisions of this Order shall be reported immediately to the Office of Court Administration. Any preferential treatment in bonding procedures is a violation of this Order and of the Rules of Judicial Conduct, Rule 502, SCACR, and shall be treated accordingly.