HB 1667-FN – AS INTRODUCED
2012 SESSION
04/05
HOUSE BILL 1667-FN
AN ACT relative to the application of the juvenile laws to children up to the age of 18.
SPONSORS: Rep. Gile, Merr 10; Rep. Gargasz, Hills 5; Rep. Porter, Hills 1; Rep. Moran, Hills 18; Rep. J. Brown, Straf 1
COMMITTEE: Criminal Justice and Public Safety
This bill provides that persons up to 18 years of age shall be considered juveniles for the purpose of the criminal laws of this state.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2303
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to the application of the juvenile laws to children up to the age of 18.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Department of Corrections; Definitions. 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; Definitions. 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 Limiting the Use of Child Restraint Practices in Schools and Treatment Facilities. Amend RSA 126-U:1, I to read as follows:
I. “Child” means a person who has not reached the age of 18 years and who is not under adult criminal prosecution or sentence of actual incarceration resulting therefrom, either due to having reached the age of [17] 18 years or due to the completion of proceedings for transfer to the adult criminal justice system under RSA 169-B:24, RSA 169-B:25, or RSA 169-B:26.
4 Delinquent Children. 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.
5 Delinquent Children; Definitions. Amend RSA 169-B:2, VI to read as follows:
VI. “Minor” means a person under the age of [17] 18.
6 Delinquent Children; Jurisdiction Over Certain Persons. Amend RSA 169-B:4 to read as follows:
169-B:4 Jurisdiction Over Certain Persons.
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 and before the minor’s] eighteenth birthday for an alleged delinquency offense committed before the minor’s [seventeenth] eighteenth birthday.
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:
(a) For whom the department has recommended extension of the court’s jurisdiction;
(b) Who has, prior to the minor’s [seventeenth] eighteenth birthday, consented to the court’s retention of jurisdiction; and
(c) Who is attending school for the purpose of obtaining a high school diploma or general equivalency diploma and is considered likely to receive such diploma.
III. At the request of the prosecutor or the department, the court may retain jurisdiction over the minor for a period of up to 2 years following the completion of any appeal if the petition was filed after the minor had attained the age of 16 years. Notwithstanding the provisions of RSA 169-B:19, III, when jurisdiction is retained pursuant to this section, the court may sentence a person to the county correctional facility for a term that may extend beyond the person’s eighteenth birthday.
IV. The court shall close the case when the minor reaches age [17] 18 or, if jurisdiction is extended pursuant to paragraph II, when:
(a) The minor revokes the minor’s consent in writing and such revocation has been approved by the court;
(b) The minor ceases to be enrolled as a full-time student during sessions of the school;
(c) The minor graduates from high school or receives a general equivalency diploma;
(d) The minor attains 21 years of age; or
(e) The department revokes its consent in writing; whichever event shall first occur. The court shall approve the minor’s revocation of consent if it finds that the minor, in seeking to do so, is acting intelligently, knowledgeably, and in acceptance of the legal consequences.
V. Notwithstanding paragraph III, when the court finds by clear and convincing evidence that closing the case would endanger the safety of the minor, any other person, or the community, or the court finds that there is a high probability that continued provision of treatment services is necessary to rehabilitate the minor, the court may retain jurisdiction over any minor:
(a) Who has been found to have committed a violent crime as defined under RSA 169-B:35-a, I(c);
(b) Who has been petitioned to the court on 4 or more occasions and adjudicated delinquent in 4 separate adjudicatory hearings which alleged misdemeanor or felony offenses; or
(c) Who is subject to the jurisdiction of the court prior to the minor’s [seventeenth] eighteenth birthday and for whom the department has filed a motion with the court requesting that the court retain jurisdiction under this subparagraph; provided that the department’s motion is filed within the 90 days prior to the minor’s [seventeenth] eighteenth birthday [and provided further that the court’s jurisdiction pursuant to this subparagraph shall continue until the minor’s eighteenth birthday].
VI. A minor may be subject to the extended jurisdiction of the court for a period of time no longer than that for which an adult could be committed for a like offense or the minor reaches the age of 21, whichever occurs first. For purposes of this section, the time shall be calculated from the date of the original dispositional order.
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.
7 Delinquent Children; Dispositional Hearing. 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 corrections shall be served a copy of the motion and be a party to the proceeding.
8 Delinquent Children; Dispositional Hearing. Amend RSA 169-B:19, III-a (e) to read as follows:
(e) When a dispositional order is extended beyond the minor’s [seventeenth] eighteenth birthday, the court may enforce its order with a finding of criminal contempt. Notwithstanding RSA 169-B:35, the state may utilize any relevant portion of a juvenile’s records in a criminal contempt proceeding.
9 Delinquent Children; Dispositional Hearing. Amend RSA 169-B:19, I(k) to read as follows:
(k) Order the minor to register as a sexual offender or offender against children pursuant to RSA 651-B until the juvenile reaches the age of [17] 18 if the court finds that the minor presents a risk to public safety.
10 Delinquent Children; Petition by County Attorney or Attorney General. 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.
11 Delinquent Children; Juvenile Case and Court Records. Amend RSA 169-B:35, III(a)-(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.
12 Administration of Motor Vehicle Laws; Identification Cards. Amend RSA 260:21, II(d) to read as follows:
(d) A notarized statement mailed to the department by registered mail by the department of health and human services verifying the applicant’s name, age, and residence and that the applicant is or has been in the custody of the department of health and human services under RSA 463 or under the custody or legal supervision of the department of health and human services pursuant to a proceeding under RSA 169-B, 169-C, or 169-D. This subparagraph shall only apply to applicants under 21 years of age and over 18 years of age [or, in the case of a person found delinquent, over 17 years of age]. The department shall also accept such a statement that does not verify residence if the applicant provides a notarized statement verifying residence from a homeless shelter or agency or organization receiving federal or state funding for homeless services on the letterhead of the shelter, agency, or organization.
13 Pleas and Refusal to Plead; Minors. Amend RSA 605:1 to read as follows:
605:1 Minors, etc. No minor under the age of [17] 18 years, except with the consent of his or her parent, nor any person supposed to be of unsound mind shall be permitted to plead guilty or shall be put upon trial until counsel has been appointed to advise him or her and conduct his or her defense. If such person is poor, witnesses may, on motion of [his] counsel, be summoned in his or her behalf at the expense of the county.
14 Youth Development Center; Definitions. Amend RSA 621:3, II to read as follows:
II. “Child,” “minor,” or “juvenile” means a person under the age of [17] 18 years.
15 Youth Development Center; Definitions. 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.
16 Youth Development Center; Definitions. 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.
17 Youth Development Center; Effect of Release. Amend RSA 621:24 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 [or until age 18 if the child’s commitment is extended pursuant to RSA 169-B:19, III-b], 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.
18 Youth Development Center; Remands and Changes in Conditions of Release. Amend the introductory paragraph in RSA 621:25 to read as follows:
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 until age 18 if the child’s commitment is extended pursuant to RSA 169-B:19, III-b,] or until the child is discharged under RSA 621:19. Under the direction of the board and subject to rules adopted by the commissioner the department shall:
19 Registration of Criminal Offenders; Duration of Registration. Amend RSA 651-B:6, IV to read as follows:
IV. Registration of any juvenile required to register pursuant to RSA 651-B:1, XI(a)(3) or (4) shall end when the juvenile turns [17] 18 years of age unless the court which adjudicated the juvenile as a delinquent retains jurisdiction over the juvenile pursuant to RSA 169-B:4, V, in which case registration of the juvenile shall end when the court terminates jurisdiction over the juvenile’s case. When the registration of a juvenile terminates, the department shall remove information relating to the juvenile from the SOR system and records of the juvenile’s registration shall be handled in accordance with RSA 169-B:35 and RSA 169-B:36.
20 Effective Date. This act shall take effect 60 days after its passage.
LBAO
12-2303
12/29/11
HB 1667-FN - FISCAL NOTE
AN ACT relative to the application of the juvenile laws to children up to the age of 18.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, New Hampshire Municipal Association, and the Departments of Corrections, Health and Human Services, and Justice state this bill will have an indeterminable fiscal impact on state, and local expenditures and state revenues. The New Hampshire Association of Counties states this bill will decrease county expenditures by an indeterminable amount. There will be no fiscal impact on county or local revenue.
METHODOLOGY:
The Judicial Branch states this bill amends several statutes to increase the age of minority for juvenile proceedings from 17 to 18 years of age. The Branch does not have updated information on the number of 17 year old offenders in the district division of the circuit court and the superior court. The Branch is unable to complete a detailed current analysis of the fiscal impact, but indicates an analysis prepared in December 2006 for a bill with the same purpose remains a reasonable approximation of the fiscal impact of this bill. The 2006 analysis estimated the number of 17 year old offenders in the district and superior courts and compared the cost of processing them as adult offenders in these courts to the cost of processing them as juveniles in the district court. The analysis used 2003 statistics and average costs for class A misdemeanor and class B misdemeanor cases filed in the district courts, and for felony charges filed in the superior court. The analysis estimated the annual cost to the Branch to be $430,235. The Branch states, since the 2006 analysis was done, the law changed regarding the presumption of an unspecified misdemeanor. Before the change, if not specified in statute, a misdemeanor was presumed to be class A. Since 2009, an unspecified misdemeanor is presumed to be class B possibly resulting in more 17 year olds charged with a class B misdemeanor and treated as juveniles under the proposed bill. This could increase the cost since juvenile cases are more expensive to process than class B misdemeanor cases. The Branch assumes the earlier analysis understates the current cost due to increasing costs and the change in the presumption of misdemeanor charges.
The Judicial Council does not have the data needed to determine how many individuals would remain in the juvenile system for an additional year, or how many of those individual would be found to be indigent. The Council assumes the fiscal impact of this bill would depend on the number of cases that previously were paid as felonies for 17 year olds that would now be juvenile cases. The cost would be the difference between the $756.25 rate paid for an adult felony case or $275 for a misdemeanor case, and the reimbursement rate for a juvenile case which is $275 through disposition plus $206.25 for each case review hearing. These costs assume use of the public defender or contract attorney. If assigned counsel is appointed the rate is $60 per hour with caps of $1,400 for misdemeanors, and $4,100 for felonies. Assigned Counsel is also paid $60 per hour for juvenile cases with a cap of $1,700 plus possible motions to exceed which must be approved by the administrative judge. The Council also states additional costs could be incurred if an appeal is filed. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during the appeal.
The New Hampshire Association of Counties states 17 year olds are currently treated as adults and incarcerated in county correctional facilities. The Association states to the extent 17 year olds would no longer be incarcerated in county facilities, county expenditures would decrease. The Association is not able to determine the number of individuals that may be involved, but indicates the statewide average annual cost of incarceration in a county facility is approximately $35,000. The Association states there would be no impact on county revenue.
The New Hampshire Municipal Association indicates this bill will have an indeterminable fiscal impact on local revenue and expenditures.
The Department of Corrections states it is not able to determine the fiscal impact of this bill because it does not have sufficient detail to predict the number of individuals who would be subject to this legislation. 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, 2010 was $32,492. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2010 was $659.
The Department of Health and Human Services states this bill would increase the jurisdictional age for prosecuting minors as delinquents from 17 years to 18 years of age. The Department expects costs would increase as 17 year olds would now be served in the juvenile justice system. The Department assumed an effective date of July 1, 2012 and the costs to provide services to 17 year olds will be comparable to the costs to serve 16 year olds. The Department estimated the average annual cost for services, placements and programs for 16 year olds over the past three fiscal years to be $5,012,014 per year. The average number of 16 year olds served during this period was 318. Assuming comparable costs for 17 year olds, this bill would increase expenditures by $5,012,014 in FY 2013 and in each year thereafter. The expenditures would be funded with approximately 50.4% state general funds, 45.4% federal funds, and 4.2% by the Children’s Revolving Fund. The Department states the increase in the number of juveniles could result in a need for additional staff, however the impact of recent changes to the Children in Need of Services (CHINS) program on juvenile caseloads is not clear, and the department believes at this time it may be able to manage the increase in caseload without additional personnel.
The Department of Justice states the fiscal impact of this bill would be minimal and any additional responsibilities could be absorbed within the Department’s current budget.