Understanding South Carolina's Bail Reform: What You Need to Know

Erika
Sep 11
4 min read

Updated: Nov 28

Quick Summary — The Major Changes You Should Know

New Criminal Penalty and Tougher Treatment for Repeat Violent Offenders on Bond.

If a person commits and is later convicted of a violent offense while already out on bond for a prior violent offense, the statute creates additional felony exposure. Courts gained authority to revoke or require stricter terms when a defendant is rearrested on a violent charge while on bond. Trial Theory+1
Courts Can Require 100% Cash Bond in Some Re-Arrest Situations.

For people rearrested for violent offenses while already out on bond, courts may order that any new bond be paid in full in cash. This removes the typical 10% or similar surety fee option in certain circumstances. T. Kirk Truslow, P.A.+1
New Licensing and Reporting Rules for Bondsmen.

The reform package changes definitions and regulatory duties for surety bondsmen. It includes new reporting requirements and a requirement that bondsmen obtain property & casualty licensing to continue writing bail in some cases, effective July 1, 2024. South Carolina Legislature Online+1
Limitations on Posting Bonds After Multiple Violent-Offense Bonds.

The statute gives courts and statutes the power to bar sureties from posting bonds for defendants with a certain history of prior violent-offense bonds. This limits opportunities for repeat offenders to be re-released via a bondsman. South Carolina Legislature Online
Requiring a Minimum of 10% Fee/Premium to Be Collected Before a Bond is Posted.

Historically, bondsmen could choose what percentage to charge for a bond. While 10% was often the standard fee, consumers could shop around for lower fees. The Bond Reform now mandates that bondsmen charging less than the minimum 10% could be fined, and the bond could be revoked, meaning the defendant could be rearrested and required to post the bond again legally, with no return on the original premium.

What South Carolina's Bail Reform Means for Defendants and the Public

Stricter Detention Options for New Violent Offenses While on Bond.
Courts are more likely to deny surety release or require full cash as a condition of release. This disproportionately impacts people without ready cash. Advocates worry this shifts the burden to poorer defendants and could increase pretrial jail populations. AP News+1
Legal Risks for Repeat Violent-Offense Scenarios.
The law creates a discrete criminal exposure and reduces credit for time served in certain conviction scenarios. This compounds consequences if someone is convicted of a subsequent violent crime while on bond. Trial Theory

What Bond Reform Means for Bondsmen (Practical Effects)

Licensing Exam & New Coverage Requirements.
Many bondsmen must obtain a property & casualty (P&C) insurance license to remain compliant. This has led to pushback, as the exam covers topics not directly tied to bail practice. Many veteran agents hadn’t taken an insurance exam in decades. Bondsmen can expect more continuing education and administrative compliance work. Asc Usi+1
Increased Paperwork and Monthly Reporting.
Bondsmen now must file monthly reports with clerks in counties of operation and report to insurers about bonds written. This transparency and compliance burden changes record-keeping workflows. South Carolina Legislature Online
Fewer Opportunities to Post Bonds for Certain Defendants.
Courts may refuse surety bonds in cases of multiple violent charges or require proof that prior bond fees were paid. This means bondsmen may be unable or unwilling to write some bonds. South Carolina Legislature Online
Cash-Intensive Court Orders.
When courts require full cash bonds in certain re-arrest cases, the traditional business model of charging a nonrefundable premium is curtailed. Bondsmen may see an erosion of business in the affected categories while incurring more compliance costs. T. Kirk Truslow, P.A.+1

What Bondsmen, Defense Attorneys, and Courts Are Doing Now

Bondsmen are securing P&C licenses (or partnering with licensed entities), updating software and processes for the monthly reporting obligations, and attending CE classes recommended by industry associations. Asc Usi+1
Defense attorneys are adjusting pretrial strategy. They are arguing against draconian cash orders where possible and emphasizing individual risk factors. They are also preparing to litigate revocation or reconsideration motions when clients are rearrested. South Carolina Legislature Online
Clerks and the Department of Insurance have issued guidance/orders to help implement the law. Bondsmen should watch DOI bulletins and county clerk rules for specifics. Department of Insurance South Carolina+1

Action Checklist — Practical Next Steps

For Bondsmen

Confirm you meet licensing rules (P&C license where required) and keep proof on file. Department of Insurance South Carolina
Update record-keeping: start monthly reporting procedures to county clerks and insurers. South Carolina Legislature Online
Review underwriting: decide now what classes of defendants you will not write bonds for (e.g., third violent-offense scenarios). South Carolina Legislature Online
Train staff on new revocation/certification rules and how to respond when clients are rearrested.

For Defense Attorneys

Anticipate courts asking for cash bonds in certain rearrest cases — prepare mitigation evidence. T. Kirk Truslow, P.A.
File timely motions (reconsideration/appeals) when bond is denied or revoked under new rules. South Carolina Legislature Online

For Policy Watchers & the Public

Monitor DOI releases and county clerk guidance for implementation details. Some operational rules were phased in, so check effective dates. Department of Insurance South Carolina+1

Bottom Line

South Carolina’s bond reform tightened the rules around violent-offense repeaters. It increased regulatory obligations for surety bondsmen and gave courts power to demand full cash in high-risk rearrest cases. They also created a minimum fee that bondsmen may charge and removed the ability to offer payment plans on the premium itself. The result is more paperwork and licensing work for bondsmen, fewer safe bets for sureties on certain defendants, and potentially greater pretrial detention for low-income individuals accused of serious repeat offenses. Additionally, the minimum fee will prove a serious hardship for many defendants hoping to bond out while their court date looms. This will likely mean much higher rates of overcrowding at detention centers and prisons. How this balances public safety and fairness will continue to be litigated and debated as the reforms are implemented. How this unfolds remains to be seen. South Carolina Legislature Online+1