MAR 26, 2024

Attorney General Alan Wilson requests renewed attention to bond provisions

(COLUMBIA, S.C.) — Attorney General Alan Wilson sent a letter to South Carolina solicitors reminding them of important provisions in state bond laws and to bring them to the courts’ attention when necessary. The provisions getting renewed attention are judges must consider a defendant’s immigration status when determining bond and judges may now consider if the person who committed the crime was currently out on bond for another offense, such as repeated shoplifting, when determining bond.

“It’s clear the Biden Administration isn’t going to close the border, so it’s up to the states to deal with the consequences," said Attorney General Alan Wilson. "Fortunately, South Carolina’s laws are already in good shape. But laws only work if they’re enforced. Every state is a border state under Biden’s watch, so we all need to stay vigilant and bring renewed attention to the provisions in our state laws that protect South Carolinians.”

The letter states, “Importantly, South Carolina requires lawful immigration status as a consideration for the court when determining to deny bond. A new provision in this section arose from H.3532 last year. Now, another consideration for the court to make is if the person who committed the crime was currently out on bond for another offense, such as repeated shoplifting.”

The letter continues, “Fortunately, we have laws that should prevent catch and release of repeat criminals and hold illegal immigrants charged with a crime. It’s up to us to ensure they’re properly enforced. If Ibarra were held and denied bond in Georgia, Laken Riley would still be alive.”

Laken Riley’s alleged murderer, Jose Ibarra, was arrested and released in New York for child endangerment and subsequently arrested and released in Georgia for multiple shoplifting offenses.

The Attorney General’s Office was heavily involved in getting the bond reform bill passed at the end of last year.

Read the full letter here.

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