Revision: Dec. 10, 2009, midnight
HB 1442-FN – AS INTRODUCED
2010 SESSION
04/10
HOUSE BILL 1442-FN
AN ACT relative to residency restrictions on offenders against children.
SPONSORS: Rep. Baldasaro, Rock 3; Rep. N. Elliott, Hills 19; Rep. Hogan, Hills 25; Rep. Griffin, Rock 4
COMMITTEE: Criminal Justice and Public Safety
This bill prohibits offenders against children from residing within 2,000 feet of a public or nonpublic elementary or secondary school or a child care facility.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2619
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to residency restrictions on offenders against children.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Registration of Criminal Offenders; Release of Certain Sexual Offenders into the Community. Amend RSA 651-B:3 by inserting after paragraph IV the following new paragraph:
V.(a) No offender against children shall reside within 2,000 feet of the real property comprising a public or nonpublic elementary or secondary school, or a child care facility.
(b) An offender against children who resides within 2,000 feet of the real property comprising a public or nonpublic elementary or secondary school, or a child care facility, shall be guilty of a class A misdemeanor.
(c) An offender against children who resides within 2,000 feet of the real property comprising a public or nonpublic elementary or secondary school, or a child care facility, shall not be charged under this section if any of the following apply:
(1) The offender against children is required to serve a sentence at a county, state, or federal correctional facility or a juvenile facility.
(2) The offender against children is subject to an order of commitment under the provisions of RSA 135-E.
(3) The offender against children has established a residence prior to the effective date of this paragraph, or a school or child care facility is newly located prior to the effective date of this paragraph.
(4) The offender against children is under the age of 18 or is a ward under a guardianship.
2 Effective Date. This act shall take effect January 1, 2011.
LBAO
10-2619
11/19/09
HB 1442-FN - FISCAL NOTE
AN ACT relative to residency restrictions on offenders against children.
FISCAL IMPACT:
The Judicial Branch, the Judicial Council, and the New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2011 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 will add RSA 651-B:3, V prohibiting offenders against children from residing within 2,000 feet of a public or nonpublic elementary or secondary school or a child care facility. The Branch has no information to estimate how many additional prosecutions would be brought as a result of the changes contained in the bill to determine the fiscal impact on expenditures. The prosecutions brought pursuant to RSA 651-B:9, VIII will be a class A misdemeanor. The Branch states the cost of a class A misdemeanor case is $51.14 in FY 2011 and each year thereafter. The Branch estimates it would take 196 additional class A misdemeanor cases to have a fiscal impact in excess of $10,000 each year. However, the possibility of appeals reduces the number of cases needed for a fiscal impact to the Branch in excess of $10,000.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor 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. 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. 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.
LBAO
10-2619
11/19/09
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 $35,342 a year.