Indicates Matter Stricken

Indicates New Matter

 

Committee Report

March 27, 2024

 

S. 866

 

Introduced by Senator Shealy

 

S. Printed 03/27/24--S.                                                                          [SEC 3/28/2024 4:29 PM]

Read the first time January 09, 2024

 

________

 

The committee on Senate Judiciary

To whom was referred a Bill (S. 866) to amend the South Carolina Code of Laws by amending Section 44-48-30, relating to definitions, so as to provide a reasonable expectation standard for the determination, etc., respectfully

Report:

That they have duly and carefully considered the same, and recommend that the same do pass with amendment:

 

    Amend the bill, as and if amended, SECTION 1, by striking Section 44-48-30(9) and inserting:

    (9) "Likely to engage in acts of sexual violence" means that a person is predisposedperson's propensity to engage in commit acts of sexual violence and more probably than not will is of such a degree engage in acts of sexual violence to such a degree as to pose a menace to the health and safety of others.

Amend the bill further, SECTION 2, by striking Section 44-48-20 and inserting:

    Section 44-48-20.  The General Assembly finds that a mentally abnormal and extremely dangerous group of sexually violent predators exists who require involuntary civil commitment in a secure facility for long-term control, care, and treatment. The General Assembly further finds that the likelihood these sexually violent predators will engage in repeated acts of sexual violence if not treated for their mental conditions is significant. Because the existing civil commitment process is inadequate to address the special needs of sexually violent predators and the risks that they present to society, the General Assembly has determined that a separate, involuntary civil commitment process for the long-term control, care, and treatment of sexually violent predators is necessary. The General Assembly also determines that, because of the nature of the mental conditions from which sexually violent predators suffer and the dangers they present, it is necessary to house involuntarily committed sexually violent predators in secure facilities separate from persons involuntarily committed under traditional civil commitment statutes. The civil commitment of sexually violent predators is not intended to stigmatize the mentally ill community.

Renumber sections to conform.

Amend title to conform.

 

LUKE RANKIN for Committee.

 

 

statement of estimated fiscal impact

Explanation of Fiscal Impact

State Expenditure

This bill amends the definition of "likely to engage in acts of sexual violence" and provides that no quantification of the likelihood that a sexually violent predator will engage in future acts of sexual violence is necessary in order for him to qualify for involuntary confinement in a secure facility for long-term control, care, and treatment. The bill may result in an increase in the number of persons who are held for involuntary confinement at a mental health facility, prison, or a juvenile detention center. 

 

Department of Corrections.  This bill may result in an increase in the number of inmates housed by the Department of Corrections.  However, no data are available to estimate the increase in the number of inmates that may be housed by Corrections.  According to Corrections, in FY 2022-23, the annual total cost per inmate was $37,758, of which $34,570 was state funded. However, as the potential increase in incarcerations is unknown, any expenditure impact for Corrections is undetermined.  Corrections indicates that if this bill results in a significant increase in the inmate population, the agency will request an increase in General Fund appropriations.

 

Department of Juvenile Justice.  The bill may increase the number of persons housed in a juvenile detention center.  However, the department anticipates being able to manage any increase in population within existing resources.  As a result, this bill will have no expenditure impact for the Department of Juvenile Justice.

 

Department of Probation, Parole and Pardon Services.  This bill may also result in an increase in the number of parolees under the supervision of the Department of Probation, Parole and Pardon Services after incarceration.  However, the department anticipates being able to manage any increase in the number of parolees due to this bill within existing resources.  As a result, this bill will have no expenditure impact for the Department of Probation, Parole and Pardon Services.

 

Department of Mental Health.  DMH reports that the SVPTP census has grown annually over the last 5 years and that the facility housing the residents is near capacity.  Passage of the bill may lower the threshold for commitments to the program, which will increase the residency beyond facility capacity.  If this occurs, the agency will need to request additional General Fund non-recurring appropriations to commission the construction of a new wing to accommodate additional residents.  The agency did not provide an estimated cost to build the new wing.  Additionally, the agency reports that for FY 2022-23, the annual cost to house each SVPTP resident was $100,748. Depending upon the increase in the number of residents, the agency may need to request additional recurring General Fund appropriations to support these residents. 

 

This impact statement has been updated to include a revised response from DMH.

 

State Expenditure

This bill amends the definition of "likely to engage in acts of sexual violence" and provides that no quantification of the likelihood that a sexually violent predator will engage in future acts of sexual violence is necessary in order for him to qualify for involuntary confinement in a secure facility for long-term control, care, and treatment. The bill may result in an increase in the number of persons who are held for involuntary confinement at a mental health facility, prison, or a juvenile detention center. 

 

Department of Corrections.  This bill may result in an increase in the number of inmates housed by the Department of Corrections.  However, no data are available to estimate the increase in the number of inmates that may be housed by Corrections.  According to Corrections, in FY 2022-23, the annual total cost per inmate was $37,758, of which $34,570 was state funded. However, as the potential increase in incarcerations is unknown, any expenditure impact for Corrections is undetermined.  Corrections indicates that if this bill results in a significant increase in the inmate population, the agency will request an increase in General Fund appropriations.

 

Department of Juvenile Justice.  The bill may increase the number of persons housed in a juvenile detention center.  However, the department anticipates being able to manage any increase in population within existing resources.  As a result, this bill will have no expenditure impact for the Department of Juvenile Justice.

 

Department of Probation, Parole and Pardon Services.  This bill may also result in an increase in the number of parolees under the supervision of the Department of Probation, Parole and Pardon Services after incarceration.  However, the department anticipates being able to manage any increase in the number of parolees due to this bill within existing resources.  As a result, this bill will have no expenditure impact for the Department of Probation, Parole and Pardon Services.

 

Department of Mental Health.  The expenditure impact is pending, contingent upon a response from the Department of Mental Health.

 

 

Frank A. Rainwater, Executive Director

Revenue and Fiscal Affairs Office

 

________

 

 

 

 

 

 

 

 

 

A bill

 

TO AMEND THE SOUTH CAROLINA CODE OF LAWS BY AMENDING SECTION 44-48-30, RELATING TO DEFINITIONS, SO AS TO PROVIDE A REASONABLE EXPECTATION STANDARD FOR THE DETERMINATION OF WHETHER SOMEONE IS LIKELY TO ENGAGE IN ACTS OF SEXUAL VIOLENCE; AND BY AMENDING SECTION 44-48-20, RELATING TO LEGISLATIVE FINDINGS, SO AS TO CLARIFY THE METHOD OF DETERMINATION FOR THE LIKLIHOOD THAT A PERSON WILL ENGAGE IN FUTURE ACTS OF SEXUAL VIOLENCE.

 

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

 

SECTION 1.  Section 44-48-30(9) of the S.C. Code is amended to read:

 

    (9) "Likely to engage in acts of sexual violence" means that a person is predisposedperson's propensity to engage in acts of sexual violence and more probably than not willis to such a degree that it is reasonably expected that the person will engage in acts of sexual violence to such a degreeso as to pose a menace to the health and safety of others.

 

SECTION 2.  Section 44-48-20 of the S.C. Code is amended to read:

 

    Section 44-48-20.  The General Assembly finds that a mentally abnormal and extremely dangerous group of sexually violent predators exists who require involuntary civil commitment in a secure facility for long-term control, care, and treatment. The General Assembly further finds that the likelihood these sexually violent predators will engage in repeated acts of sexual violence if not treated for their mental conditions is significant and the likelihood that they will engage in future acts of sexual violence has no numerical correlation nor is it required that the likelihood be quantified or reduced to mere percentages. Because the existing civil commitment process is inadequate to address the special needs of sexually violent predators and the risks that they present to society, the General Assembly has determined that a separate, involuntary civil commitment process for the long-term control, care, and treatment of sexually violent predators is necessary. The General Assembly also determines that, because of the nature of the mental conditions from which sexually violent predators suffer and the dangers they present, it is necessary to house involuntarily-committed sexually violent predators in secure facilities separate from persons involuntarily committed under traditional civil commitment statutes. The civil commitment of sexually violent predators is not intended to stigmatize the mentally ill community.

 

SECTION 3.  This act takes effect upon approval by the Governor.

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