TO AMEND SECTION 24-13-1530, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE HOME DETENTION ACT'S NONAPPLICABILITY TO A PERSON WHO HAS VIOLATED OR WHO HAS BEEN CHARGED WITH VIOLATING CERTAIN ILLICIT NARCOTIC DRUGS AND CONTROLLED SUBSTANCES LAWS AND ITS IMPACT ON THE AUTHORITY OF THE COURTS, DEPARTMENT OF JUVENILE JUSTICE, OR THE DEPARTMENT OF PROBATION, PAROLE AND PARDON SERVICES TO REGULATE OR IMPOSE CONDITIONS FOR PROBATION, PAROLE, OR COMMUNITY SERVICE, SO AS TO REVISE THE LIST OF OFFENDERS WHO MAY BE PLACED IN A HOME DETENTION PROGRAM.

Be it enacted by the General Assembly of the State of South Carolina:

SECTION    1.    Section 24-13-1530 of the 1976 Code is amended to read:

"Section 24-13-1530.    (A)    Notwithstanding another provision of law which requires mandatory incarceration, electronic and nonelectronic home detention programs may be used as an alternative to incarceration for low risk, nonviolent adult and juvenile offenders who have been charged with or convicted of a crime other than those listed in Section 16-1-60, with the exception of a drug trafficking offense that carries a maximum sentence of up to ten years but not trafficking methamphetamine, provided they are monitored by a GPS tracking device and bear the cost of the GPS, as selected by the court if there is a home detention program available in the jurisdiction. Applications by offenders for home detention may be made to the court as an alternative to the following correctional programs:

(1)    pretrial or preadjudicatory detention;

(2)    probation (intensive supervision);

(3)    community corrections (diversion);

(4)    parole (early release);

(5)    work release;

(6)    institutional furlough;

(7)    jail diversion; or

(8)    shock incarceration.

(B)    Local governments also may establish by ordinance the same alternative to incarceration for persons who are awaiting trial and for offenders whose sentences do not place them in the custody of the Department of Corrections. Counties and municipalities may develop home detention programs according to the Minimum Standards for Local Detention Facilities in South Carolina which are established pursuant to Section 24-9-20 and enforced pursuant to Section 24-9-30."

SECTION    2.    This act takes effect upon approval by the Governor.