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Prosecutors and defenders warn $7.4M funding ask and implementation gaps must be resolved for SB 52
Summary
Prosecution leaders asked for $7.4 million and 3 prosecutors per circuit to handle an estimated 12,500 additional magistrate DUI cases; defense and public‑defender concerns, county variability and ignition‑interlock funding were also highlighted.
Stakeholders at the Criminal Law Subcommittee hearing focused closely on the bill’s operational and budget implications, with prosecutors asking for statewide recurring funding and defense and county representatives warning of logistical and fairness risks.
Lisa Catalanado, executive director of the South Carolina Commission on Prosecution Coordination, said the bill’s requirement that prosecutors handle first‑ and second‑offense DUIs in magistrate court would add about 12,500 cases a year and that the commission requested $7,400,000 in recurring funding to hire additional prosecutors across the state. "We did ask for 7,400,000," Catalanado said, and she urged that the House’s second budget consider recurring funds so conference committee decisions can preserve necessary staffing.
Hugh Ryan and other witnesses cautioned about public‑defender capacity, county/state funding balance and the potential for counties to shift or lay off locally funded prosecutors if the state mandates new responsibilities. Ryan said a state‑only funding calculation he cited would cost roughly $3.9 million, a lower estimate that highlights sensitivity to assumptions about county overlaps and program design.
Mark Childress, director of the Ignition Interlock Program, urged removing employer‑exemption language in section 7 so the program becomes eligible again for federal NHTSA funding, which he estimated at roughly $250,000–$300,000 a year, and asked that section 20's ignition‑lock requirement be enacted at year‑end to allow time for software testing and staffing. "If this language is removed … it would allow us as a program to be able to receive a quarter million to $300,000 a year in recurring funds," Childress said.
Lawmakers emphasized the need for a county‑by‑county analysis of prosecutorial coverage and warned that centralizing magistrate courts could increase travel burdens for law enforcement in large counties. Representative Robbins asked for broader engagement with municipal and county stakeholders before locking in a one‑size‑fits‑all approach.
The subcommittee did not vote on funding or the bill. Members signaled additional negotiation will be required among the legislature, courts, counties and law‑enforcement agencies to resolve funding distribution, hiring capacity and timeline issues before any statutory changes would be implemented.
