HB 621-FN – AS INTRODUCED
2007 SESSION
04/05
HOUSE BILL 621-FN
AN ACT relative to speedy trial time frames.
SPONSORS: Rep. Burridge, Ches 3
This bill sets deadlines for bringing certain criminal cases to trial.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0440
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to speedy trial time frames.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Speedy Trial. Amend RSA 625 by inserting after section 10 the following new section:
625:10-a Speedy Trial. Except for capital murder under RSA 630:1, any criminal offense being brought to trial shall commence such trial not more than 120 days from the date the offense was committed. This section shall apply to criminal offenses committed on or after January 1, 2009.
2 Speedy Trial. Amend RSA 625:10-a to read as follows:
625:10-a Speedy Trial. Except for capital murder under RSA 630:1, any criminal offense being brought to trial shall commence such trial not more than [120] 90 days from the date the offense was committed. This section shall apply to criminal offenses committed on or after January 1, [2009] 2010.
3 Effective Date.
I. Section 2 of this act shall take effect January 1, 2010.
II. The remainder of this act shall take effect January 1, 2008.
LBAO
07-0440
Revised 02/08/07
HB 621 FISCAL NOTE
AN ACT relative to speedy trial timeframes.
FISCAL IMPACT:
The Judicial Branch, the Department of Justice, and the Judicial Council state this bill will increase state expenditures by an indeterminable amount in FY 2008 and each year thereafter. The New Hampshire Association of Counties states this bill will decrease county expenditures by an indeterminable amount in FY 2008 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill would establish that criminal offenses, except capital murder, are brought to trial within 120 days from the date the offense was committed, beginning with offenses committed on or after January 1, 2009. The number of days decreases to 90 for offenses committed on or after January 1, 2010. The Branch does not control when a case is brought to court, but on average it takes between 30 to 60 days for a misdemeanor to be filed in court after the offense is committed and for felonies and homicides the time lag from when the offense is committed and indictment can be even longer. Most felony cases are not ready for trial in either 90 or 120 days. It would require increases in judge and clerical staff, prosecutors, and defense attorneys to make a criminal timeline of 90 or 120 days from charge possible. Additionally, the short timeframes may force cases to trial prematurely or result in cases being dismissed. This bill will increase expenditures by an indeterminable amount.
The Judicial Council states the public defender program would need to increase attorney staffing to accommodate the increased workload to meet the timeframes established in this bill. Contract attorney and assigned counsel attorney cases may cost more as a result of this bill. The Council also states costs for services other than counsel would be greatly impacted by the need for more expedited services, which are typically provided at a much higher cost. This bill will result in state expenditures increasing by an indeterminable amount.
The Department of Justice states personnel would need to be added to the entire criminal justice system to meet the shortened timeframes and ensure people do not escape criminal liability because crimes were not solved immediately and trials not held within the required timeframes. The Department states if caseloads were to remain stable the criminal justice bureau would need to add 12 full-time attorneys, 10 full-time investigators, 5 paralegals, and 6 secretaries to investigate and prosecute cases within the proposed timeframes. This bill does not provide an appropriation for increased expenditures or authorization for additional positions.
FY 2008 |
FY 2009 |
FY 2010 |
FY 2011 | |
Attorneys (12 full-time) |
$401,700 |
$827,502 |
$852,327 |
$877,897 |
Investigators (10 full-time at salary grade BB) |
$227,040 |
$469,215 |
$499,485 |
$529,755 |
Administrative Secretary (6 full-time at LG 14) |
$75,699 |
$154,382 |
$160,524 |
$167,018 |
Paralegal (5 full-time at LG 19) |
$77,366 |
$157,950 |
$164,775 |
$171,893 |
Benefits (@48.3%) |
$377,612 |
$777,170 |
$810,045 |
$843,589 |
Cost for Computers ($1,000 per employee) |
$33,000 |
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Furniture ($1,500 per employee for chair, desk, phone, 2 drawer file) |
$49,500 |
|||
OIT shared/direct costs @ $2,675/employee and 1.5% annual increase |
$44,138 |
$89,599 |
$90,943 |
$92,307 |
Space - Johnson Hall @ rate of $4,037 per office for FY08 and 9% annual increase |
$66,611 |
$145,211 |
$158,280 |
$172,525 |
Other costs - current expense, training, travel, legal books/journals at $7,500/year and 2.5% annual increase |
$123,750 |
$253,688 |
$260,030 |
$266,530 |
Total Expenditures |
$1,476,416 |
$2,874,717 |
$2,996,409 |
$3,121,514 |
The New Hampshire Association of Counties states this bill will decrease county expenditures by an indeterminable amount because individuals are detained in county correctional facilities prior to, during, and after trial and before sentencing. Incarceration in county correctional facilities costs on average $22,889 per year.