HB 1467-FN – AS INTRODUCED
2006 SESSION
04/01
HOUSE BILL 1467-FN
AN ACT requiring the registration of drug offenders.
SPONSORS: Rep. Hinkle, Hills 19; Rep. Cataldo, Straf 3; Rep. Kennedy, Merr 4; Rep. Mooney, Hills 19
COMMITTEE: Criminal Justice and Public Safety
This bill requires the registration of drug offenders.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2075
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT requiring the registration of drug offenders.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Registration of Drug Offenders. Amend RSA by inserting after chapter 651-D the following new chapter:
CHAPTER 651-E
REGISTRATION OF DRUG OFFENDERS
651-E:1 Definitions. In this chapter:
I. “Department” means the department of safety.
II. “Division” means the division of state police, department of safety.
III. “Drug offender” means any person convicted under RSA 318-B:26, I(a)-(b).
IV. “Local law enforcement agency” means the chief of police in the city or town where the person resides or is temporarily domiciled, or, if the municipality has no police chief or if the person resides in an unincorporated place, the sheriff of the county where the person resides.
651-E:2 Registration.
I. Every drug offender shall be registered with the department of safety, division of state police.
II. Upon receipt of information pursuant to RSA 106-B:14 concerning the conviction of any drug offender, the division shall register such person.
651-E:3 Release of Certain Drug Offenders Into the Community; Duties. Upon release of any drug offender after conviction, whether on probation, parole, conditional or unconditional release, completion of sentence, or for any other reason, the official in charge of such release shall notify the offender of the offender’s duty to report under this chapter. The offender shall acknowledge in writing that he or she has received such notice at the time it is given. The official shall obtain the address at which the offender expects to reside upon release and shall report such address to the department. The department shall inform the local law enforcement agency where the offender expects to reside.
651-E:4 Duty to Report.
I. Any person required to be registered under this chapter shall report such person’s current mailing address, place of residence or temporary domicile, and place of employment or schooling to the local law enforcement agency within 30 days after the person’s release from custody following conviction. Such report shall also be made annually within 30 days after each anniversary of the person’s date of birth and additionally within 30 days after any change of address or place of residence. Such person shall also be required to submit to a photograph taken by the law enforcement agency each time the person is required to report to the law enforcement agency under this section.
II. In addition to the requirements imposed under paragraph I of this section, the following provisions shall apply to any drug offender who is sentenced to an extended term of imprisonment pursuant to RSA 651:6, I(b):
(a) Every 90 days after the date of the offender’s initial release or commencement of parole, the department shall mail a nonforwardable verification form to the offender’s last reported address.
(b) The offender shall mail the verification form to the department within 10 days after receipt of the form.
(c) The verification form shall be signed by the offender, and state that the offender still resides at the address last reported to the local law enforcement agency.
651-E:5 Change of Name or Alias, or Address; Duty to Inform.
I. When any person required to be registered under RSA 651-E:4, I changes residence, or his or her name or alias, the person shall give written notification of the person’s new address, name, or alias to the local law enforcement agency to which he or she last reported under RSA 651-E:4 within 10 days of such change of residence, name, or alias. Such notice shall not relieve the person of the duty to report under RSA 651-E:4 at the new place of residence. The local law enforcement agency receiving such notice shall forward a copy to the division within 3 days after receipt. The division shall notify the local law enforcement agency at the new place of residence, or the appropriate out-of-state law enforcement agency if the new place of residence is outside New Hampshire.
II. Any drug offender who, with or without compensation, is employed by or attends any public or private educational institution for a period exceeding 14 consecutive days, or for an aggregate period of time exceeding 30 days during any calendar year, shall give written notification of any changes to the person’s place of employment or schooling to the local law enforcement agency to which he or she last reported under RSA 651-E:4 within 10 days of such change of place of employment or schooling. The local law enforcement agency receiving such notice shall forward a copy to the division within 3 days after receipt. If the drug offender continues to be employed by or attend any public or private educational institution, the division shall notify the local law enforcement agency at the new place of employment or schooling, or the appropriate out-of-state law enforcement agency if the new place of employment or schooling is outside New Hampshire.
651-E:6 Duration of Registration. Any drug offender convicted of a violation or attempted violation of RSA 318-B:26, I(a)-(b) shall be registered for 4-year period from the date of release following conviction; provided, that any such registration period shall not run concurrently with any registration period resulting from a subsequent conviction.
651-E:7 Availability of Information.
I. Except as provided in this section, the records established and information collected pursuant to the provisions of this chapter shall not be considered “public records” subject to inspection under RSA 91-A:4. However, nothing in this chapter shall be construed to limit any law enforcement agency from making any use or disclosure of any such information as may be necessary to the performance of a valid law enforcement function. Nothing in this chapter shall be construed to limit an individual’s ability to obtain access to the individual’s own records, or to limit access to a person’s criminal record under the provisions of RSA 106-B:14, including address information obtained under the provisions of this chapter.
II.(a) The division shall maintain a list of all drug offenders registered pursuant to this chapter. The list shall include:
(1) The name, address, and date of birth of the registered individual.
(2) The offense for which the individual was convicted.
(3) The date and court of the conviction for which the individual is registered.
(4) Outstanding arrest warrants, and the information listed in subparagraphs (b)-(c), for any drug offender who has not complied with the obligation to register under this chapter.
(5) A photograph or physical description of the individual, if available.
(6) The date and court of the individual’s other convictions, if any.
(7) Information on the profile of the victim or victims of the individual’s offense or offenses, if available.
(8) The method of approach utilized by the individual, if available.
(b) In no event shall the list include the identity of any victim.
III. At periodic intervals, not less frequently than once each month, the commissioner of the department of corrections and the superintendent of each county department of corrections shall forward to the division a statement identifying every offender who is confined in a facility under their control and who is eligible at that time for any unsupervised work detail or other assignment which may bring the offender into contact with members of the public. These statements shall include the information set forth in paragraph II. In no event shall the statements include the identity of any victim. These statements shall be incorporated by the division into the list maintained under paragraph II.
IV.(a) The division shall provide a copy of the list described in this section to each local law enforcement agency at periodic intervals, through written, electronic, computerized, or other accessible means, but in no event less frequently than once each month. The list may be made available to a school superintendent, or designee, upon request to the local law enforcement agency.
(b) Local law enforcement agencies may photograph, at the time of the registration, any individual who is required to be registered pursuant to this chapter. The consent of the registrant shall not be necessary. Such photographs may be used in the performance of any valid law enforcement function.
V. Local law enforcement agencies, employees of local law enforcement agencies, and county and state officials shall be immune from civil and criminal liability for good faith conduct under this chapter. Nothing in this paragraph shall be deemed to grant any such immunity to any person for that person’s reckless or wanton conduct.
VI.(a) Notwithstanding the provisions of this section, any individual required to be registered whose name and information is contained on the list described in paragraph II may file with the clerk of the superior court for the county in which the judgment was rendered an application for review of the public registration requirement contained in RSA 651-E:7. This application shall not be filed prior to the completion of all the terms and conditions of the sentence and in no case earlier than 3 years after the date of release following conviction. After review of the application, the court may schedule a hearing.
(b) The court shall provide notice of the application for review under this section to the victim within 30 days of any hearing. Prior to any decision granting the application, the court shall provide the victim with the opportunity to address the court. The victim may appear personally or by counsel and may reasonably express his or her views concerning the offense, the person responsible, and the need for maintaining the public registry requirement. The judge shall consider the statements of the victim pursuant to this section when making a decision regarding the application. The judge shall grant the application, after a hearing, only where, in the opinion of the court, removal from the public registry requirement under this section will assist the individual in the individual’s rehabilitation and will be consistent with the public welfare. If an application for review is denied, any subsequent application may be filed only where good cause is shown, consistent with the provisions of this section. A decision granting an application for review under this section shall not remove any of the registration requirements contained in RSA 651-E:6.
651-E:8 Rules. The department shall adopt rules, pursuant to RSA 541-A, relative to forms and procedures for the administration of this chapter.
651-E:9 Penalty.
I. A drug offender who negligently fails to comply with the requirements of this chapter shall be guilty of a violation.
II. A drug offender who knowingly fails to comply with the requirements of this chapter shall be guilty of a misdemeanor.
III. A drug offender previously convicted of a misdemeanor pursuant to paragraph II who knowingly fails to comply with the requirements of this chapter shall be guilty of a class B felony.
IV. Any person who violates the provisions of RSA 651-E:7 shall be guilty of a violation.
2 Applicability. The requirements of this act shall apply to all drug offenders released on or after the effective date of this act.
3 Effective Date. This act shall take effect January 1, 2007.
LBAO
06-2075
11/29/05
HB 1467-FN - FISCAL NOTE
AN ACT requiring the registration of drug offenders.
FISCAL IMPACT:
The Department of Safety has determined this bill will increase state general fund expenditures by an indeterminable amount in FY 2007 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county and local revenue.
METHODOLOGY:
The Department stated this bill intends to require the registration of drug offenders. The Department cannot determine to what extent this bill would impact general fund expenditures because it does not know how many drug offenders would be required to register. In addition, the Department cannot estimate the system development costs and staffing costs necessary to establish and maintain the new system.