HB 584-FN – AS AMENDED BY THE HOUSE
02Jan2008… 2612h
2007 SESSION
05/04
HOUSE BILL 584-FN
AN ACT including 17-year olds in the juvenile justice system.
COMMITTEE: Criminal Justice and Public Safety
This bill changes the age of minority for the purpose of juvenile delinquency proceedings from 17 to 18.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02Jan2008… 2612h
07-0629
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT including 17-year olds in the juvenile justice system.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Department of Corrections; Definition of Adult. Amend RSA 21-H:2, I to read as follows:
I. “Adult” means[, notwithstanding RSA 21:44,] any person [17] 18 years of age or older or any person under the age of [17] 18 who has been certified as an adult pursuant to RSA 169-B:24.
2 Department of Corrections; Definition of Delinquent. Amend RSA 21-H:2, IV to read as follows:
IV. “Delinquent” or “delinquent child” means[, notwithstanding RSA 21:44,] a person who has committed an offense before reaching the age of [17] 18 years which would be a felony or misdemeanor under the criminal code of this state if committed by an adult.
3 Delinquent Children; Definition of Delinquent. Amend RSA 169-B:2, IV to read as follows:
IV. “Delinquent” means a person who has committed an offense before reaching the age of [17] 18 years which would be a felony or misdemeanor under the criminal code of this state if committed by an adult, and is expressly found to be in need of counseling, supervision, treatment, or rehabilitation as a consequence thereof.
4 Delinquent Children; Definition of Minor. Amend RSA 169-B:2, VI to read as follows:
VI. “Minor” means a person under the age of [17] 18.
5 Delinquent Children; Jurisdiction. Amend RSA 169-B:4, I to read as follows:
I. The court shall have jurisdiction over any minor with respect to whom a petition is filed under this chapter after the minor’s [seventeenth] eighteenth and before the minor’s [eighteenth] nineteenth birthday for an alleged delinquency offense committed before the minor’s [seventeenth] eighteenth birthday.
6 Delinquent Children; Jurisdiction. Amend the introductory paragraph of RSA 169-B:4, II to read as follows:
II. The court may retain jurisdiction over any minor during the period after the minor’s [seventeenth] eighteenth birthday as justice may require for any minor who, prior to the minor’s [seventeenth] eighteenth birthday, was adjudicated delinquent and:
7 Delinquent Children; Jurisdiction. Amend RSA 169-B:4, II (b) to read as follows:
(b) Who has, prior to the minor’s [seventeenth] eighteenth birthday, consented to the court’s retention of jurisdiction; and
8 Delinquent Children; Jurisdiction. Amend the introductory paragraph of RSA 169-B:4, IV to read as follows:
IV. The court shall close the case when the minor reaches age [17] 18 or, if jurisdiction is extended pursuant to paragraph II, when:
9 Delinquent Children; Jurisdiction. Amend RSA 169-B:4, VII to read as follows:
VII. In any instance in which the statute of limitations has not tolled and no juvenile petition has been filed based upon acts committed before the minor’s [seventeenth] eighteenth birthday, the state may proceed against the person in the criminal justice system after that person’s eighteenth birthday.
10 Delinquent Children; Dispositional Hearing; Age of Juvenile. Amend RSA 169-B:19, III-a(a) to read as follows:
III-a.(a) Prior to the [seventeenth] eighteenth birthday of a minor who had been adjudicated delinquent for committing a violent crime as defined in RSA 169-B:35-a, I(c), or who had been petitioned to court on 4 or more occasions and adjudicated delinquent in 4 separate adjudicatory hearings which alleged misdemeanor or felony offenses, the prosecutor or the department of health and human services may file a motion with the court to extend jurisdiction pursuant to RSA 169-B:4, V. The department of youth development services may file a motion to extend jurisdiction for any minor committed to its custody pursuant to RSA 169-B:19, I(j). The department of corrections shall be served a copy of the motion and be a party to the proceeding.
11 Delinquent Children; Petition by County Attorney or Attorney General; Age of Juvenile. Amend RSA 169-B:25 to read as follows:
169-B:25 Petition by County Attorney or Attorney General. If facts are presented to the county attorney or attorney general establishing that a person under the age of [17] 18 has been guilty of conduct which constitutes a felony or would amount to a felony in the case of an adult and if such person is not within the jurisdiction of this state, the county attorney or attorney general may file a petition with the judge of the municipal or district court which would otherwise have jurisdiction under the provisions of this chapter. The petition shall set forth the nature of the offense with which the person is charged and shall specify the person’s whereabouts if known. On receipt of such petition, the court may summarily authorize the county attorney or attorney general to proceed against such person under regular criminal procedures, and without regard to the provisions of this chapter. Pending determination by the superior court as provided in this section and pending final disposition of the matter, such persons shall be bailable with sufficient sureties as in the case of adults and, in default thereof, may be committed to the custody of the juvenile probation and parole officer or detained at a county correctional facility unless detention elsewhere is ordered by the superior court. The superior court shall determine, after hearing, whether such person shall be treated as a juvenile under the provisions of this section or whether the case shall be disposed of according to regular criminal procedures.
12 Juvenile Delinquency; Petition by Minor; Age. Amend RSA 169-B:26 to read as follows:
169-B:26 Petition by Minor. At any time prior to hearing pursuant to RSA 169-B:16, a minor who is charged with an act of delinquency committed after the minor’s [sixteenth] seventeenth birthday may petition the court to be tried as an adult and to have such case dealt with in the same manner as any other criminal prosecution.
13 Delinquent Children; Juvenile Court Records; Age. Amend RSA 169-B:35, III(a) and (b) to read as follows:
(a) Police officers and prosecutors involved in the investigation and prosecution of criminal acts shall be authorized to access police records concerning juvenile delinquency, including the files of persons who at the time of the inquiry are over the age of [17] 18, and to utilize for the purposes of investigation and prosecution of criminal cases police investigative files on acts of juvenile delinquency, including information from police reports, exemplars, and forensic investigations.
(b) Prosecutors involved in the prosecution of criminal acts shall be authorized to access police records concerning juvenile delinquency or records of adjudications of delinquency, including the files of persons who at the time of the inquiry are over the age of [17] 18, if the prosecutor has reason to believe that the individual may be a witness in a criminal case. The prosecutor may disclose the existence of an adjudication for juvenile delinquency only when such disclosure is constitutionally required or after the court having jurisdiction over the criminal prosecution orders its disclosure.
14 Parole of Delinquents; Effect of Recommittal; Age of Delinquent. Amend RSA 170-H:11 to read as follows:
170-H:11 Effect of Recommittal. Any delinquent whose parole is revoked shall be returned to the custody of the commissioner. The offender may at any time prior to his or her [seventeenth] eighteenth birthday be paroled again. If not paroled, a delinquent shall remain in custody until his or her [seventeenth] eighteenth birthday.
15 Youth Development Center; Definition of Child. Amend RSA 621:3, II to read as follows:
II. “Child,” “minor,” or “juvenile” means a person under the age of [17] 18 years.
16 Youth Development Center; Definition of Delinquent. Amend RSA 621:3, V to read as follows:
V. “Delinquent” or “delinquent child” means a minor who has committed an offense before reaching the age of [17] 18 years which would be a felony or misdemeanor under the criminal code of this state if committed by an adult.
17 Youth Development Center; Definition of Child. Amend RSA 621:3, VII to read as follows:
VII. “Minority” means the period of time before the age of [17] 18 years and terminates on the [seventeenth] eighteenth birthday.
18 Youth Development Center; Effect of Release; Conditions of Release; Age of Minor. Amend RSA 621:24 and the introductory paragraph of RSA 621:25 to read as follows:
621:24 Effect of Release. No administrative release or parole of a child shall operate as a discharge of the child from the center. The department shall continue to have control of children on administrative release to parole or parole until they reach the age of [17] 18 years, and the control conferred by the department upon others shall be conferred upon them as agents of the department, except where a child is discharged under RSA 621:19.
621:25 Remands and Changes in Conditions of Release. The board or the commissioner, subject to the approval of the board, may modify or cancel any arrangements or conditions relative to release, other than discharge of a child, or may order a child remanded to the center, until the child reaches the age of [17] 18 years or is discharged under RSA 621:19. Under the direction of the board and subject to rules adopted by the commissioner the department shall:
19 Effective Date. This act shall take effect January 1, 2008.
LBAO
07-0629
Amended 01/04/08
Revised 02/07/08
HB 584 FISCAL NOTE
AN ACT including 17-year olds in the juvenile justice system.
FISCAL IMPACT
The Department of Health and Human Services, Judicial Branch, Judicial Council, Department of Corrections, and Association of Counties state this bill, as amended by the House (Amendment #2007-2612h), may increase state, county, and local expenditures, and state restricted revenue by an indeterminable amount in FY 2009 and each year thereafter. This bill will have no fiscal impact on county and local revenue.
METHODOLOGY
The Department of Health and Human Services, Division for Juvenile Justice Services (DJJS) assumes there will be an increase in total expenditures as a result of this bill. The Division states that under current law, a person who commits an offense after his/her 17th birthday is served in the adult criminal justice system. Except as noted below, a person who offends prior to his/her 17th birthday is served in the juvenile justice system until the earlier of his/her 17th birthday or the court closes the case. Pursuant to specific provisions in current law, juveniles older than 17 may continue to be served in the juvenile justice system under a discrete number of circumstances. This bill amends various sections of the RSA’s 169 and 621 to raise the age of adult criminal responsibility from 17 to 18. These changes mean that any juvenile who offends prior to his/her 18th birthday would be supervised and served in the juvenile justice system. Under this bill the number of juveniles served in the juvenile justice system will increase by the number of: juveniles who enter the juvenile justice system prior to their 17th birthdays who will continue to receive services and supervision between their 17th and 18th birthdays; and juveniles who offend between their 17th and 18th birthdays and who are now served in the adult criminal justice system. Juveniles who enter the juvenile justice system prior to their 17th birthdays are most likely to remain in the system beyond age 17 if they offend after age 16 because the courts wish to ensure that the juvenile has an adequate period of time to receive supervision and rehabilitative services. Based upon SFY 2006 data it is estimated that 256 juveniles served in the juvenile justice system for offenses committed prior to their 17th birthday will continue to be served in the juvenile justice system until age 18. This number is in addition to juveniles presently served beyond age 17 under current law. Based on the most recent arrest data from the Department of Safety, in 2006, 3,283 individuals between age 17 and age 18 were arrested. Taking into account dispositions following arrest that would not require the involvement of the individual with the juvenile justice system (motor vehicle, DUI, liquor laws, and other offenses for which jurisdiction lies in the adult system, charges dropped, diversion prior to court, fines paid through the court, and duplicate counts), it is estimated that this bill would result in approximately 958 additional individuals served in the juvenile justice system as the result of offenses committed between the individuals’ 17th and 18th birthdays. All juveniles who enter the juvenile justice system are supervised by a Juvenile Probation and Parole Officer (JPPO). The Division’s workload guidelines formula for a JPPO is 30 cases/officer, however for the purposes of this fiscal note the Division has used the American Correctional Association (ACA) National Standard of 35 cases/officer. Based upon the fact that cases open and close within a year it is expected that of the 1,214 (256+958) additional juveniles served annually in the juvenile justice system in any given year, approximately half (or 607) cases will be open at any one time, requiring 17 additional JPPOs and 2 additional support staff. The Division assumes that the additional juveniles entering the juvenile justice system as the result of this bill will result in an increase in the number of licensed and certified non-institutional residential beds in FY 2010 through FY 2012 to meet the demand of youth needed out-of-home placements. Any increased need for residential services in FY 2009 will be addressed by full utilization of existing residential capacity and community based services. A recent point in time review (11/30/2007), using FY 2008 rates, suggests that there are approximately 47 residential slots available in facilities that accept older delinquent youth, [26 intensive level beds, 7 intermediate group home beds, 4 experiential wilderness beds, 6 shelter care beds, and 4 substance abuse beds]. The Division assumes that increased in-home community-based services will be needed to meet the needs of the additional juveniles. The estimated average annual cost for a juvenile delinquent for such services in FY 2008 is $3,008. It is estimated that 509 of the additional juveniles will receive in-home community based services, and both community-based and residential provider rates will increase in each fiscal year by a rate of 3.5%.
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The Division states that the new John H. Sununu Youth Services Center (SYSC) opened in August 2006 with some increased bed capacity for committed and detained juveniles. The Division assumes that with the passage of this bill, 22 additional juveniles between ages 17 and 18 will be committed. In order to appropriately staff for the increased population, DJJS will need to add 12 Youth Counselors, 1 Psychological Associate, 1 Teacher, and 1 Secretary. The Division assumes employees will be hired at step 1 in FY 2009, will receive annual step increases, and will receive benefits calculated at 48.3% of salary. The estimated fiscal impact is as follows:
FY 2009 FY 2010 FY 2011 FY 2012
Salary and Benefits
Field Services $ 1,140,656 $ 1,209,175 $ 1,249,260 $ 1,290,748
Rehabilitative Program $ 636,975 $ 691,115 $ 713,992 $ 737,669
Institutional Consumables $117,783 $123,673 $129,856 $136,348
Residential Services $ 1,912,045 $3,043,573 $ 4,251,962 $4,714,906
Community-Based Services $ 1,584,660 $ 1,568,066 $ 1,556,570 $ 1,542,348
Total $5,392,119 $6,635,602 $7,901,640 $8,422,019
The source of funds for the estimated fiscal impact is as follows:
FY 2009 FY 2010 FY 2011 FY 2012
State General Funds $ 2,882,455 $ 3,575,535 $ 4,125,659 $ 4,365,638
Federal Funds $ 2,246,506 $ 2,687,920 $ 3,293,862 $ 3,538,509
Local Funds (School District) $ 263,158 $ 372,147 $ 482,119 $ 517,872
Total $5,392,119 $6,635,602 $7,901,640 $8,422,019
The Judicial Branch states this bill would amend several statutes to raise the age of minority for juvenile delinquency proceedings from 17 to 18. The age was lowered to 17 more than a decade ago. The judicial branch has current cost figures, but updated figures for the number of 17 year old offenders in District and Superior courts could not be obtained in a timely manner. The Branch states the most recent data available is for 2003. In calendar year 2003 in the District Court, there were 1,883 class A misdemeanor cases filed against 17 year olds. The Branch estimates the judicial and clerical cost of a class A misdemeanor at $50.29 per charge, using current salary levels. In addition, there were 722 class B misdemeanor cases filed in the District Court against 17 year olds in calendar year 2003. The Branch estimates the cost of a class B misdemeanor at $36.71 per charge using current salary levels. In the Superior Court in calendar year 2003, there were 499 felony charges filed against 17 year olds. The Branch assumes these felonies would be considered routine felonies. The Branch estimates the judicial, clerical, jury, and bailiff cost of a routine felony case at $296.88 per charge. In addition, there were 89 misdemeanor cases filed in the Superior Court against 17 year olds in calendar year 2003. A misdemeanor case in the Superior Court is also considered a routine criminal case with an estimated cost of $296.88 per charge will apply. The average time necessary to process a juvenile case in the District Court for juvenile cases usually involve multiple hearings which result in a substantially higher cost than other District Court proceedings. The Branch estimates the judicial and clerical cost of a juvenile petition in the District Court at $230.19 per petition, using current salary levels. The Branch states for purposes of this fiscal note, the assumption is made that case volume against 17 year olds has and will remain constant at the 2003 level. It is also assumed that all of the criminal cases against 17 year olds, whether class B or class A misdemeanors in the District Court or felonies in the Superior Court, would be brought as juveniles cases under this bill. The Branch also assumes that each criminal case results in one juvenile petition. Due to the fact that some offenders will have more than one misdemeanor and/or felony charge, the number of juvenile cases resulting from the proposed bill is indeterminable. The Branch estimates increased costs for current cases in the District Court at $469,448, and decreased costs for current cases in the Superior Court at $39,213, for a net additional cost of $430,235. The impact in FY 2008 would be approximately $215,118 due to an effective date of on January 1, 2008.
The Judicial Council assumes that any cases arising from the enactment of this bill for which the Indigent Defense Fund may be liable will, in the first instance, be handled by the public defender or contract attorney who accepts these cases on a fixed fee basis of $275 per misdemeanor charged, or $756.25 per felony charged. If an assigned counsel attorney must be used, the hourly rate of $60 with a fee cap of $1,400 for a misdemeanor, or $4,100 for a felony will apply. If a motion to exceed the fee cap is approved and/or “services other than counsel” are approved, these will also be chargeable to the Indigent Defense Fund. Any offense within the criminal justice system when committed by a juvenile will be compensated normally as a juvenile case within the flat fee system that is paid to both public defenders and contract attorneys. This rate is $275 through disposition plus the rate of $137.50 for each review hearing following disposition. Assigned counsel attorneys for a juvenile case are paid at a rate of $60 per hour with a fee cap of $1,700 through disposition. The maximum fee for court review hearings of juvenile cases is $300. This fee cap may be waived upon motion filed in advance and approved by the court. Such motions are routinely granted, and cost of representation in juvenile matters may also include some costs for “services other than counsel”. Any case where a defendant has been found guilty may also result in appeals to either the Superior Court or to the Supreme Court which would have a cost implication for Indigent Defense expenditures made by the State. The Council is unable to predict the number of cases which may result from the passage of this bill, and are unable to determine the exact fiscal impact at this time.
The Department of Corrections states the number of individuals who would be affected by the change in the age of minority cannot be predicted. The average annual cost of incarcerating an individual in the general prison population for FY 2007 was $31,546. The cost to supervise an offender by the Department’s Division of Field Services for FY 2007 was $995.
The Association of Counties states that in FY 2008 counties are statutorily responsible for 25% of the cost of court ordered placements and services for juveniles. With the passage of Chapter 263, Laws of 2007 counties would no longer be responsible for any of these costs beginning in FY 2009. The Association states this bill would increase the population of juveniles in the delinquency system as a whole by moving 17 year olds from the state prison system to the juvenile system. Specifically, this bill would increase the number of juveniles who could be placed at the Youth Development Center (YDC) where the rates are currently as high as $370/day. It could also increase the number of juveniles who are in other placements and/or receiving ancillary services. Increased numbers of juveniles in the system would cause county expenditures to increase. The Association is unable to determine the exact amount of the increase because of the actual number of 17 year olds who would be new to the juvenile system cannot be predicted. Additionally, there are currently available beds at YDC, and increased occupancy of those beds could reduce rates. However, it is also expected that increased occupancy would require additional staffing which may result in higher rates. The exact fiscal impact cannot be determined at this time.
The Department of Justice states it could absorb any costs resulting from this bill without additional funds.
The New Hampshire Municipal Association states it is unable to identify a municipal fiscal impact that results from this bill.