Bill Text - SB391 (2014)

Relative to the juvenile justice advisory board and relative to the policies and procedures of the youth development center.


Revision: March 27, 2014, midnight

SB 391 – AS INTRODUCED

2014 SESSION

14-2745

05/08

SENATE BILL 391

AN ACT relative to the juvenile justice advisory board and relative to the policies and procedures of the youth development center.

SPONSORS: Sen. Carson, Dist 14; Sen. Boutin, Dist 16; Rep. Pantelakos, Rock 25; Rep. Long, Hills 42; Rep. Charron, Rock 4

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill:

I. Revises the membership and duties of the juvenile justice advisory board.

II. Establishes a committee of superintendents of county jail facilities to study the youth development center.

III. Establishes education and appointment criteria for the director of the youth development center.

IV. Establishes a committee to study privatizing the youth development center.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

14-2745

05/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT relative to the juvenile justice advisory board and relative to the policies and procedures of the youth development center.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Juvenile Justice Advisory Board. RSA 621-A:9 and RSA 621-A:10 are repealed and reenacted to read as follows:

621-A:9 Juvenile Justice Advisory Board Established.

I. There is hereby established a juvenile justice advisory board. The board shall provide oversight and advice to the director of the youth development center and the commissioner relative to programs and services provided to children at the youth development center, also known as the Sununu Center.

II. The board shall be composed of the following members:

(a) One member of the house children and family law committee, appointed by the speaker of the house of representatives.

(b) One member of the criminal justice and public safety committee, appointed by the speaker of the house of representatives.

(c) One member of the house finance committee, appointed by the speaker of the house of representatives.

(d) One member of the senate, appointed by the senate president.

(e) The director of the youth development center, or designee.

(f) The commissioner of the department of health and human services, or designee.

(g) The commissioner of the department of education, or designee.

(h) The commissioner of the department of safety, or designee.

(i) One justice from the judicial branch family division, specializing in juvenile justice, appointed by the administrative office of the courts.

(j) One superintendent of a county correctional facility, appointed by the New?Hampshire Association of Counties.

(k) One member of the business community, appointed by the governor.

(l) One parent whose child has received services at the youth development center, appointed by the governor.

(m) A non-supervisory employee of the youth development center, who has daily contact with children assigned to the center, appointed by the commissioner of the department of health and human services.

(n) One juvenile probation and parole officer, appointed by the commissioner of the department of health and human services.

(o) One attorney specializing in juvenile justice, appointed by the governor.

(p) One member of the university system, specializing in juvenile justice, appointed by the governor.

III. Members of the advisory board shall serve without compensation, except that legislative members shall receive mileage at the legislative rate while attending to the duties of the board.

621-A:10 Terms of Office; Organization.

I. The legislative members of the board, the director of the youth development center, and the commissioners shall serve terms co-terminous with their terms in office. The remaining members of the board shall serve 3-year terms.

II. Each appointed member of the advisory board shall hold office until a successor is appointed and qualified. The appointment of successors for the filling of vacancies for unexpired terms shall be by appointment in the same manner as the original appointment. Non-legislative appointed members shall not serve more than 2 consecutive terms.

III. The advisory board shall elect its own chairperson. The director of the youth services center and the commissioners shall not be eligible to serve as chairpersons of the advisory board. The board shall meet once a month for the first year, with a report due on the anniversary of the first meeting called after the effective date of this section. Thereafter, the board shall meet at least 4 times a year.

2 Duties of the Advisory Board. Amend RSA 621-A:11 to read as follows:

621-A:11 Duties of the Advisory Board.

I. The advisory board shall act in an oversight and advisory capacity to assist the commissioner of the department of health and human services relative to juvenile justice programs and services provided to children at the youth development center, also known as the Sununu Center, and other juvenile justice facilities. The board [may] shall also provide advice and input on fiscal and budgetary matters related to such facilities, the availability of state and federal grants, business partnerships, and other funding sources available to the department for such facilities.

I-a. The board shall seek information from the director of the division of juvenile justice services in the department of health and human services concerning the successes and challenges relative to the state’s juvenile justice programs and services.

I-b. The board shall be available to address emergent issues identified by the commissioner of health and human services, the director of the division of juvenile justice services, the chair of the advisory board, or any board member. In furtherance of this paragraph, the board may solicit comments from the public or any other entities as it deems appropriate.

II. Beginning in December [2010] 2015, and biennially thereafter, the board shall submit a written report to the speaker of the house, the president of the senate, the governor, and the following legislative committees: the house children and family law committee, the house criminal justice and safety committee, and the senate judiciary committee. The report shall detail the activities of the board and any recommendations made by the board to the department relative to juvenile justice services.

3 Committee to Study Policies and Procedures at the Youth Development Center; Report by the Superintendents of the County Jail Facilities.

I. There is established a committee to review the policies and procedures currently in place at the youth development center, also known as the Sununu Center. The committee shall be comprised of the superintendents of the county jail facilities, or their designees.

II. The committee shall elect a chair from among its members. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.

III. The committee shall submit a report of its findings and recommendations to the commissioner of the department of health and human services, the chair of the house children and family law committee, the chair of the house criminal justice and public safety committee, the chair of the juvenile justice advisory board established in RSA 621-A:9, and the chair of the senate judiciary committee. The report shall be submitted no later than one year from the first meeting of the committee.

4 New Section; Director of the Youth Development Center; Appointment and Qualifications. Amend RSA 621-A by inserting after section 4 the following new section:

621-A:4-a Director of the Youth Development Center; Appointment and Qualifications.

I. The director of the youth development center shall be appointed by the governor, with the consent of council, and shall serve at the pleasure of the governor.

II. The director of the youth development center shall be qualified to hold the position by reason of education and experience, which shall include: a master’s degree in management, public administration, or criminal justice, and 2 or more years of employment in court services, criminal justice, or social services; or a bachelor’s degree in criminal justice and 5 or more years of employment in court services or criminal justice, one of which shall have been in juvenile detention or residential services.

5 Committee Established. There is established a committee to study privatizing the youth development center, also known as the Sununu Center.

I. The members of the committee shall be as follows:

(a) Two members of the senate, one of whom shall be a member of the judiciary committee and one of whom shall be a member of the finance committee, appointed by the president of the senate.

(b) Three members of the house of representatives, one of whom shall be a member of the children and family law committee, one of whom shall be a member of the criminal justice committee, and one of whom shall be a member of the finance committee appointed by the speaker of the house of representatives.

II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

III. The committee shall study the feasibility, cost, and benefit of privatizing the youth development center.

IV. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named senate member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.

V. The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2014.

6 Effective Date.

I. Sections 3 and 5 of this act shall take effect upon its passage.

II. The remainder of this act shall take effect 60 days after its passage.