CHAPTER 313
SB 331-FN – FINAL VERSION
03/20/08 0898s
30Apr2008… 1412h
2008 SESSION
04/10
SENATE BILL 331-FN
AN ACT establishing new positions and realigning functions at the department of corrections.
SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Janeway, Dist 7; Sen. Hassan, Dist 23; Sen. Odell, Dist 8; Sen. Gallus, Dist 1
COMMITTEE: Executive Departments and Administration
This bill:
I. Establishes the unclassified positions of professional standards director and director of security and training within the department of corrections.
II. Establishes appointment procedures for the professional standards director, director of security and training, physicians, and dentists, and permits the commissioner of the department of corrections to assign or reassign wardens, physicians, or dentists to any correctional facility.
III. Is a request of the department of corrections.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/20/08 0898s
30Apr2008… 1412h
08-2741
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT establishing new positions and realigning functions at the department of corrections.
Be it Enacted by the Senate and House of Representatives in General Court convened:
313:1 Department of Corrections; Internal Organizational Units; Director of Administration. RSA 21-H:4, I(a) is repealed and reenacted to read as follows:
(a) Be responsible to provide for:
(1) Accounting, purchasing, and budget control.
(2) Property, contracts, and grant management.
(3) Assistance to the commissioner with short and long range department-wide planning activities.
313:2 New Paragraphs; Department of Corrections; Internal Organizational Units. Amend RSA 21-H:4 by inserting after paragraph IV the following new paragraphs:
V. The professional standards director, under the supervision of the commissioner, who shall:
(a) Conduct and supervise investigations and audits relating to all aspects of the operations and programs of the department, including but not limited to, complaints and grievances.
(b) Coordinate and recommend policies designed to promote economy, efficiency, and effectiveness in the administration of the department, and to detect and prevent fraud and abuse in departmental programs and operations.
(c) Advise the commissioner concerning problems or deficiencies relating to the administration of departmental programs and operations, and provide advice on the necessity for, and progress of, correctional action.
(d) Perform other duties as assigned by the commissioner.
VI. The director of security and training, under the supervision of the commissioner, who shall:
(a) Be responsible for the security and safety of the operations in all facilities and ensure the consistency of the operations within departmental policies.
(b) Review and research inquiries, complaints, and grievances from the inmate population and provide a timely, proper response.
(c) Monitor and ensure the proper functioning of the facilities security program.
(d) Oversee and ensure the proper training and development of staff.
(e) Oversee and ensure the proper functioning of the emergency management program.
(f) Perform other duties as assigned by the commissioner.
313:3 Department of Corrections; Commissioner, Assistant Commissioner. RSA 21-H:6 is repealed and reenacted to read as follows:
21-H:6 Commissioner and Other Department Officials; Appointment; Term.
I. The commissioner of the department shall be appointed by the governor, with the consent of the council, and shall serve for a term of 4 years from the date of appointment and until a successor is appointed.
II. The commissioner of the department shall nominate for appointment by the governor, with the consent of the council, an assistant commissioner who shall serve at the pleasure of the commissioner.
III. The commissioner shall nominate for appointment by the governor, with the consent of the council, a professional standards director who shall serve at the pleasure of the commissioner.
IV. The commissioner shall nominate for appointment by the governor, with the consent of the council, a director of security and training who shall serve at the pleasure of the commissioner.
V. The commissioner shall nominate for appointment by the governor, with consent of the council, each division director and warden of all the New Hampshire state prisons. All division directors and the wardens shall serve at the pleasure of the commissioner.
VI. The commissioner of the department shall nominate for appointment by the governor, with the consent of the council, physicians, and dentists who shall serve at the pleasure of the commissioner.
VII. Wardens, physicians, and dentists may be assigned to any correctional facility at the discretion of the commissioner.
313:4 Department of Corrections; Qualification and Compensation of Certain Officials. Amend RSA 21-H:7, I to read as follows:
I. The commissioner [and], assistant commissioner, professional standards director, director of security and training, and the division directors of the department shall be qualified to hold such positions by reason of education and experience.
313:5 Department of Corrections; Qualification and Compensation of Certain Officials. Amend RSA 21-H:7, III to read as follows:
III. The salaries of the commissioner, assistant commissioner, professional standards director, director of security and training, and the division directors of the department shall be as specified in RSA 94:1-a.
313:6 Department of Corrections; Powers and Duties of Commissioner. Amend RSA 21-H:8, II(d) to read as follows:
(d) Delegate authority to subordinates as the commissioner deems necessary and appropriate, except that rulemaking authority shall not be delegated. The commissioner shall provide by delegation for the assistant commissioner, warden, or a division director to exercise authority in the commissioner’s absence. All such delegations shall be made in writing, shall be disseminated to all division directors, shall clearly delineate the authority delegated and the limitations thereto, and shall be kept on file in the commissioner’s office. The assistant commissioner shall assume the duties of the commissioner in the event that the commissioner [is unable for any reason] becomes incapacitated and is unable to perform such duties.
313:7 Department of Corrections; Assistant Commissioner. Amend RSA 21-H:8-a to read as follows:
21-H:8-a Assistant Commissioner; Status in Retirement System. For purposes of classification under RSA 100-A, the assistant commissioner, professional standards director, and director of security and training of the department of corrections shall be considered [a] permanent [policeman] policemen if [the assistant commissioner was a] such individuals were permanent police [member] members of group II for at least 10 years prior to appointment [as assistant commissioner] in their respective positions, and [continues] continue to be certified as [a] police [officer] officers under RSA 188-F:26 and 188-F:27.
313:8 Salaries for Unclassified Officers.
I. The salaries for the unclassified positions established in this act shall be determined in accordance with RSA 14:14-c.
II. The positions of professional standards director and director of security and training established in this act shall only be staffed if funding is available within the department’s existing budgetary appropriations for the biennium ending June 30, 2009.
313:9 Department of Corrections; Transfer Authority. Notwithstanding any provision of law to the contrary, and for the biennium ending June 30, 2009, the commissioner of the department of corrections may make transfers within and among class lines to fund the positions of professional standards director and director of security and training established in this act.
313:10 Repeal. RSA 21-H:7, II, relative to qualifications of division directors in the department of corrections, is repealed.
313:11 Effective Date. This act shall take effect July 1, 2008.
Approved: July 2, 2008
Effective Date: July 1, 2008