HB419 (2007) Detail

Relative to the cost to counties of convicted inmates awaiting sentencing in a county correctional facility.


HB 419-FN-LOCAL – AS INTRODUCED

2007 SESSION

07-0156

04/10

HOUSE BILL 419-FN-LOCAL

AN ACT relative to the cost to counties of convicted inmates awaiting sentencing in a county correctional facility.

SPONSORS: Rep. Patten, Carr 4; Rep. Phinizy, Sull 5; Rep. Stevens, Carr 4; Sen. Gallus, Dist 1

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill provides that the cost of incarcerating an inmate who is returned to a county correctional facility to await completion of presentence investigation shall, after 30 days of such incarceration, be borne by the state.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0156

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to the cost to counties of convicted inmates awaiting sentencing in a county correctional facility.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Paragraph; Sentences; Presentence Investigation. Amend RSA 651:4 by inserting after paragraph II the following new paragraph:

III. The cost of incarcerating an inmate who is returned to a county correctional facility to await completion of presentence investigation shall, after 30 days of such incarceration, be borne by the state. The cost of the incarceration shall be based on the existing per diem rate plus any medical expenses incurred.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

07-0156

1/17/07

HB 419-FN-LOCAL - FISCAL NOTE

AN ACT relative to the cost to counties of convicted inmates awaiting sentencing in a county correctional facility.

FISCAL IMPACT:

      The Department of Corrections and the New Hampshire Association of Counties state this bill will increase state general fund expenditures and increase county revenue by an indeterminable amount in FY 2007 and each year thereafter. There will be no fiscal impact on county and local expenditures or state and local revenue.

METHODOLOGY:

    The Department of Corrections states this bill requires the state to reimburse to counties the cost of incarcerating an inmate returned to a county correctional facility to await completion of presentence investigation after 30 days of such incarceration. The Department cannot determine the number of individuals who would be waiting beyond 30 days for the completion of a presentence investigation. The Department does not have per diem rate agreements with the counties for housing county inmates in Department facilities or housing state inmates in county facilities.

    The New Hampshire Association of Counties estimates the per day costs for housing an inmate averages $62.71.

    Both the Department and New Hampshire Association of Counties state this bill will increase state general fund expenditures and increase county revenue by an indeterminable amount.