SB 22-FN – AS INTRODUCED

AN ACT relative to criminal mischief of property with geological value.

SPONSORS: Sen. Barnes, Jr., Dist 17

AN ACT relative to criminal mischief of property with geological value.

AN ACT relative to criminal mischief of property with geological value.

The Judicial Branch, Judicial Council, Department of Corrections and Association of Counties state this bill may increase state general fund expenditures and county expenditures by an indeterminable amount in FY 2010 and each year thereafter. This bill has no fiscal impact on state, county and local revenue or local expenditures.

The Judicial Branch states this bill imposes a penalty for criminal mischief committed against property with geological value. Depending on the property value, the charge of criminal mischief may be either a misdemeanor or a felony.

The Branch states the cost of a class A misdemeanor case in the district court is $51.14 in FY 2010 and each year thereafter and the cost of a class B felony case in the superior court is $335.98 in FY 2010 and each year thereafter. The Branch has no information to estimate how many charges would be brought as a result of the changes contained in the bill to determine the fiscal impact on expenditures. However, if a single case were to be appealed to the New Hampshire Supreme Court, the fiscal impact would be in excess of $10,000.

The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures in FY 2010 and each year thereafter. The Council has no information to estimate how many charges would be brought as a result of the changes contained in this bill, however, notes criminal mischief is a very common juvenile offense. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor or $756.24 per felony is charged by a public defender or contract attorney. If an assigned counsel attorney is used, the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge and $4,100 for a felony charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.

The Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2008 was $32,753. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2008 was $779. The Department states this bill may increase expenditures by an indeterminable amount, but is unable to predict the number of individuals that might be impacted.

The New Hampshire Association of Counties states to the extent an individual is prosecuted, convicted, and sentenced to incarceration, the counties may have increased expenditures. The Association is unable to determine the number of individuals who might be detained or incarcerated as a result of this bill. The average cost to incarcerate an individual in a county facility is $30,165 a year.

This bill does not contain an appropriation.