S.C. Code Ann. § 23-3-540 – Electronic monitoring; reporting damage to or removing monitoring device; penalty

(A) Prior to an offender's release after completion of a term of imprisonment, being placed on parole, being placed under community supervision, being placed under a community supervision program, or when an offender is sentenced to probation, the Department of Probation, Parole and Pardon Services shall place the offender under a system of active electronic monitoring that identifies the location of the offender and that can produce, upon request, reports or records of the offender's presence near or within a crime scene or prohibited area or the offender's departure from a specified geographic location.
(B) An offender who violates a term of probation, parole, community supervision, or a community supervision program must be ordered by the court to be placed by the Department of Probation, Parole and Pardon Services under a system of active electronic monitoring that identifies the location of the offender and that can produce, upon request, reports or records of the offender's presence near or within a crime scene or prohibited area or the offender's departure from a specified geographic location.
(C) This section applies to an offender who has been:
1. (1) convicted of, pled guilty or nolo contendere to, or been adjudicated delinquent for any of the following offenses:
  1. (a) criminal sexual conduct with minors, first degree (Section 16-3-655(1));
  2. (b) criminal sexual conduct with minors, second degree. If evidence is presented at the criminal proceeding and the court makes a specific finding on the record that the conviction obtained for this offense resulted from consensual sexual conduct, as contained in Section 16-3-655(3) provided the offender is eighteen years of age or less, or consensual sexual conduct between persons under sixteen years of age, the convicted person is not an offender and is not required to register pursuant to the provisions of this article;
  3. (c) engaging a child for sexual performance (Section 16-3-810);
  4. (d) producing, directing, or promoting sexual performance by a child (Section 16-3-820);
  5. (e) criminal sexual conduct: assaults with intent to commit (Section 16-3-656) involving a minor;
  6. (f) committing or attempting lewd act upon child under sixteen (Section 16-15-140);
  7. (g) violations of Article 3, Chapter 15 of Title 16 involving a minor;
  8. (h) kidnapping (Section 16-3-910) of a person under eighteen years of age except when the offense is committed by a parent;
  9. (i) criminal solicitation of a minor if the purpose or intent of the solicitation or attempted solicitation was to:
    1. (i) persuade, induce, entice, or coerce the person solicited to engage or participate in sexual activity as defined in Section 16-15-375(5);
    2. (ii) perform a sexual activity in the presence of the person solicited (Section 16-15-342);
2. (2) ordered as a condition of sentencing to be included in the sex offender registry pursuant to Section 23-3-430(D) for an offense involving a minor.
(D) The offender shall remain under the system of active electronic monitoring for the duration of the time the offender is required to remain on the sex offender registry pursuant to the provisions of this article, unless the offender is committed to the custody of the State.
(E) The offender shall follow instructions provided by the Department of Probation, Parole and Pardon Services to maintain the electronic monitoring device in working order. Incidental damage or defacement of the electronic monitoring device must be reported to the Department of Probation, Parole and Pardon Services within two hours. An offender who fails to comply with the reporting requirement of this subsection is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years.
(F) The offender shall abide by any other conditions set forth by the Department of Probation, Parole and Pardon Services with regard to the electronic monitoring.
(G) The offender must be charged a fee in accordance with Section 24-21-85.
(H) A person who intentionally removes, tampers with, defaces, alters, damages, or destroys an electronic monitoring device is guilty of a felony and, upon conviction, must be fined not more than five thousand dollars or imprisoned not more than five years. This subsection does not apply to a person or agent authorized by the Department of Probation, Parole and Pardon Services to perform maintenance and repairs to the electronic monitoring devices.