SOUTH CAROLINA REVENUE AND FISCAL AFFAIRS OFFICE
S
TATEMENT OF ESTIMATED FISCAL IMPACT
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This fiscal impact statement is produced in compliance with the South Carolina Code of Laws and House and Senate rules. The focus of
the analysis is on governmental expenditure and revenue impacts and may not provide a comprehensive summary of the legislation.
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S. 0233
Fiscal Impact Summary
This bill changes the definition of “likely to engage in acts of sexual violence” within the
Sexually Violent Predator Act. The bill changes the definition from “that a person that is
predisposed to engage in acts of sexual violence and more probably than not will engage in acts
of sexual violence to such a degree as to pose a menace to the health and safety of others” to
“that a person’s propensity to commit acts of sexual violence is of such a degree as to pose a
menace to the health and safety of others.”
This bill will not have an expenditure impact for Judicial, the Commission on Prosecution
Coordination, the Commission on Indigent Defense, the Department of Corrections, or the
Department of Probation, Parole and Pardon Services. Judicial indicates this bill does not
operationally or fiscally impact them. All of the other agencies indicate this bill will have a
minimal, if any, impact on them and any change can manage using existing staff and
appropriations.
The Department of Mental Health (DMH) anticipates the updated definition will likely result in a
reduction of program discharges from the Sexually Violent Predators (SVP) program and
therefore increase the number of patients housed through the program. For information,
according to DMH, in FY 2024-25, the annual total cost per patient was $109,367, which is fully
state funded. Currently, there are 239 patients in the program.
This impact statement has been updated to include a response from DMH.
Explanation of Fiscal Impact
Updated for Additional Agency Response on April 2, 2025
Introduced on January 16, 2025
State Expenditure
This bill clarifies the definition of “likely to engage in acts of sexual violence” within the
Sexually Violent Predator Act. The bill changes the definition from “that a person that is
predisposed to engage in acts of sexual violence and more probably than not will engage in acts
of sexual violence to such a degree as to pose a menace to the health and safety of others” to
“that a person’s propensity to commit acts of sexual violence is of such a degree as to pose a
menace to the health and safety of others.”
Bill Number: S. 0233 Introduced on Januar
y 16, 2025
Subject: Sexuall y Violent Predator Act
Requestor: Senate Judiciary
RFA Analyst(s): Gardner and Boggs
Impact Date: April 2, 2025 - Updated for Additional Agency Response
__________________________________
Frank A. Rainwater, Executive Director
DISCLAIMER: THIS FISCAL IMPACT STATEMENT REPRESENTS THE OPINION AND INTERPRETATION OF THE
AGENCY OFFICIAL WHO APPROVED AND SIGNED THIS DOCUMENT. IT IS PROVIDED AS INFORMATION TO
THE GENERAL ASSEMBLY AND IS NOT TO BE CONSIDERED AS AN EXPRESSION OF LEGISLATIVE INTENT.
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S. 0233
This bill will not have an expenditure impact for Judicial, the Commission on Prosecution
Coordination, the Commission on Indigent Defense, the Department of Corrections, or the
Department of Probation, Parole and Pardon Services. Judicial indicates this bill does not
operationally or fiscally impact them. All of the other agencies indicate this bill will have a
minimal, if any, impact on them and any change can manage using existing staff and
appropriations.
When a court or jury determines a person is a sexually violent predator, the person must be
committed to the custody of DMH until such time as the person's mental abnormality or
personality disorder has so changed that the person is safe to be at large and has been released.
DMH indicates that the change in the definition of “likely to engage in acts of sexual violence”
will likely result in a reduction of program discharges from the SVP program and therefore
increase the number of patients housed through the program. For information, according to
DMH, in FY 2024-25, the annual total cost per patient was $109,367, which is fully state funded.
Currently, there are 239 patients in the program.
This impact statement has been updated to include a response from DMH.
State Revenue
N/A
Local Expenditure
N/A
Local Revenue
N/A