SB 79-FN-A – AS INTRODUCED
2007 SESSION
09/04
SENATE BILL 79-FN-A
AN ACT relative to court security and court security officers.
SPONSORS: Sen. Foster, Dist 13; Sen. Gottesman, Dist 12; Sen. Reynolds, Dist 2; Sen. Clegg, Dist 14; Rep. Dokmo, Hills 6; Rep. Mooney, Hills 19; Rep. Shurtleff, Merr 10; Rep. G. Richardson, Merr 4
This bill clarifies that the state is required to provide and maintain court security, under conditions deemed appropriate by the supreme court, through the county sheriffs. The bill replaces references to “bailiff” with “court security officer” and establishes the duties and powers of court security officers and the training requirements for court security officers. The bill also increases the amount reimbursed to county sheriffs for persons employed as court security officers.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-0478
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to court security and court security officers.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Chapter; Court Security. Amend RSA by inserting after chapter 490-D the following new chapter:
CHAPTER 490-E
490-E:1 Statement of Purpose. It is the intent of the legislature and the purpose of this chapter to improve the administration of justice and the efficient operation of all courts in this state by providing for improved protection of court staff, members of the public, and officers of the court while conducting their affairs and business in all the state’s courts.
490-E:2 Definition. In this chapter, “court security officer” means any person providing security for a court building or a courtroom including, but not limited to, sheriffs, sheriffs’ deputies, and sheriffs’ bailiffs
490-E:3 Responsibilities. The state, through the county sheriffs, shall provide and maintain suitable court security for the court buildings and courtrooms in which all court sessions are held, subject to the availability of appropriated funds. Each county sheriff shall be responsible for court security for all court buildings and all court sessions held within that sheriff’s county. Court security shall be provided for the conduct of court business at times and under conditions deemed appropriate by the supreme court.
490-E:4 Duties of Court Security Officers. Court security officers shall:
I Perform the duties of crier of the court.
II. Provide adequate security in all state courts and for such other judicial functions as requested by the supreme court.
III. Be responsible for the conduct and control of detained defendants and prisoners during the time period that such defendants and prisoners are in all state courts.
490-E:5 Power of Arrest. Court security officers shall have the powers of arrest provided in RSA 594 when performing their duties relating to court security.
490-E:6 Control of the Courtroom. Nothing in this chapter shall be construed to be in derogation of the responsibility of the judicial officer presiding in the courtroom to control courtroom functions and to ensure the fair adjudication of controversies.
490-E:7 Court Security Officer Training. The police standards and training council shall establish minimum education, training, and performance standards for employment as a court security officer, including such background investigation checks and physical and mental standards as it deems appropriate. The council shall carry out such initial and in-service training programs as are needed to meet the minimum educational, training, and performance standards. Upon completion of initial and in-service training, the council shall certify persons as being qualified as court security officers. The council shall consult with the New Hampshire Sheriffs Association and the supreme court in performing its duties pursuant to this section.
490-E:8 Reimbursement to County Sheriffs. The state shall reimburse each county sheriff, within available funds appropriated by the legislature, up to $150 for each full day and up to $75 for each half day, for any person certified as a court security officer pursuant to RSA 490-E:7 and employed as a court security officer by the sheriffs office. For the purpose of this section, a half day shall be defined as a day in which a court security officer works 4 hours or less. The state shall reimburse the counties, within available funds appropriated by the legislature, for all costs associated with employing court security officers, including administration, training, and the cost of uniforms and equipment, if those costs are the result of job requirements imposed by federal and state governments.
490-E:9 Budget Requests for Court Security. The county sheriffs shall submit their requests for reimbursement for court security prior to each biennium to the commissioner of the department of administrative services in accordance with the deadlines and the format provided in RSA 9:4. The commissioner shall include in the budget for the department of administrative services a sum sufficient to provide reimbursement to the county sheriffs for the cost of providing court security pursuant to this chapter.
490-E:10 Court Security Recommendations. By July 1 of each year, the supreme court, with the assistance of the court accreditation commission, shall make recommendations to the county sheriffs and to the commissioner of the department of administrative services as to suitable court security.
2 Reference Change. Amend RSA 30-B:4, III(b) to read as follows:
(b) Whenever a person in the custody of the superintendent under subparagraph (a) is transported to a state court, the sheriff through the [sheriff’s deputies and bailiffs] court security officers provided for in RSA 490-E shall be responsible for custody and control of such person during the time period such person is in the courthouse.
3 Reference Change. Amend RSA 159:5 to read as follows:
159:5 Exceptions. The provisions of RSA 159:3 and 4 shall not apply to marshals, sheriffs, policemen or other duly appointed peace and other law enforcement officers, or [bailiffs and] court security officers [responsible for court security]; nor to the regular and ordinary transportation of pistols or revolvers as merchandise, nor to members of the armed services of the United States when on duty; nor to the national guard when on duty; nor to organizations by law authorized to purchase or receive such weapons; nor to duly authorized military or civil organizations when parading, or the members thereof when at, or going to or from, their customary places of assembly.
4 Reference Change. Amend RSA 623:1-a to read as follows:
623:1-a Court Appearances. Any person confined in a county department of corrections facility, state prison, or other place of detention may, under necessary precautions and upon approval of the administrator of the institution in which said person is confined, be taken by some regular or specially authorized officer from such place of detention to a state or federal court within the state of New Hampshire to appear in a proceeding before that court. During the time period such person is in a state courthouse, the sheriff, through the [sheriff’s deputies and bailiffs] court security officers provided for in RSA 490-E, shall be responsible for such person’s custody and control.
5 Repeal. The following are repealed:
I. RSA 104:5, II-IV, relative to duties of the sheriff and the sheriff’s deputies and bailiffs.
II. RSA 104:31, X, relative to reimbursement of sheriffs’ offices for persons employed as bailiffs.
III. RSA 594:1-a, relative to bailiffs and court security officers.
6 Effective Date. This act shall take effect July 1, 2007.
LBAO
07-0478
1/18/07
SB 79-FN-A - FISCAL NOTE
AN ACT relative to court security and court security officers.
FISCAL IMPACT:
The Police Standards & Training Council states this bill will increase state restricted revenue and expenditures and county expenditures by $197,520 in FY 2008, $197,520 in FY 2009, $104,730 in FY 2010, and $104,730 in FY 2011. The Department of Administrative Services states this bill will increase state general fund expenditures by $10,228,829 and county revenue by $12,105,937 in FY 2008 and each fiscal year thereafter. There will be no fiscal impact on local revenue or expenditures.
METHODOLOGY:
The Police Standards & Training Council (PSTC) states this bill requires a new certification program for a category of persons that PSTC has not previously certified. PSTC states training for new court security officer candidates is expected to be four weeks, or 135.5 hours in length, and will include physical training, firearms, defensive tactics, and academic subjects, with a final curriculum to be developed after a job task analysis has been completed to assess the training needs of the position. The PSTC expects to offer court security officer candidates with prior law enforcement experience credit for that experience on a case-by-case basis, and assumes these trainees will need approximately 70 hours of training. PSTC states it determined the FY 2006 average cost per student hour of training by dividing total expenditures by total student hours of training ($3,045,000 / 178,617 = $17.05). Based on the average per hour cost, PSTC estimates the cost of a 135.5 hour training program for new court security officer candidates will be $2,310 per student (135.5 hours x $17.05), and the cost of a 70 hour training program for court security officer candidates with prior law enforcement experience will be $1,194 per student (70 hours x $17.05).
PSTC expects to train 70 new court security officer candidates and 30 court security officer candidates with prior experience in both FY 2008 and FY 2009, and 35 new court security officer candidates and 20 court security officer candidates with prior experience in both FY 2010 and FY 2011. The number of candidates trained is expected to be higher in the first two years for program ramp-up and lower beginning in FY 2010 since the turnover rate for the position is expected to decrease. PSTC estimates the following increase in state restricted expenditures for court security officer training, with costs covered by increased state restricted revenue from county payments for training:
LBAO
07-0478
1/18/07
FY 2008 & FY 2009
New Candidates (70 x $2,310) $161,700
Prior Experience Candidates (30 x $1,194) 35,820
Total $197,520
FY 2010 & FY 2011
New Candidates (35 x $2,310) $80,850
Prior Experience Candidates (20 x $1,194) 23,880
Total $104,730
The Department of Administrative Services states court security expenses are currently paid by both the Administrative Office of the Courts (AOC) and the Department. The Department states the FY 2007 budget includes the following amounts for court security:
AOC
Court Security Officers (Hourly & Per Diem) $1,877,108
Deputy Sheriffs 1,282,500
Department of Administrative Services
Deputy Sheriffs 1,093,000
Total $4,252,608
The Department states that according to the NH Sheriffs Association, the total cost to provide security at all court locations at the rates established in this bill is estimated to be $14,481,437 in FY 2008 and each fiscal year thereafter. Using this estimate, state general fund expenditures will increase by $10,228,829 ($14,481,437 - $4,252,608) and county revenue will increase by $12,105,937 ($14,481,437 - $1,282,500 - $1,093,000) in FY 2008 and each fiscal year thereafter.
The NH Association of Counties states this bill will increase county revenue by an indeterminable amount by increasing state reimbursement to the county sheriff from $65 to $150 for a full day and from $35 to $65 for each half day and by reimbursement for all costs associated with employing court security officers. County expenditures will increase by an indeterminable amount due to increased training and pay for certified court security officers, with the increase offset by state reimbursements.