Bill Text - HB1603 (2016)

Requiring the registration of drug dealers.


Revision: March 8, 2016, midnight

\t \t\t \t\t \t\t \t \t \t\t

HB 1603-FN - AS INTRODUCED

 

2016 SESSION

\t16-2067

\t04/05

 

HOUSE BILL\t1603-FN

 

AN ACT\trequiring the registration of drug dealers.

 

SPONSORS:\tRep. J. Belanger, Hills. 27; Rep. LeBrun, Hills. 32

 

COMMITTEE:\tCriminal Justice and Public Safety

 

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ANALYSIS

 

\tThis bill requires the department of safety, division of state police to establish and administer  a registry for habitual offender drug dealers and requires such offenders to register upon conviction for a third or subsequent offense under the controlled drug act.

 

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Explanation:\tMatter added to current law appears in bold italics.

\t\tMatter removed from current law appears [in brackets and struckthrough.]

\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2067

\t04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trequiring the registration of drug dealers.

 

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

 

\t1  New Chapter; Registration of Habitual Offender Drug Dealers.  Amend RSA by inserting after chapter 651-F the following new chapter:

CHAPTER 651-G

Registration of Habitual Offender Drug Dealers

\t651-G:1  Definitions.  In this chapter:

\t\tI.  "Department" means the department of safety.

\t\tII.  "Division" means the division of state police, department of safety.

\t\tIII.  "Habitual offender drug dealer" means any person with 3 or more convictions of a controlled drug act offense under RSA 318-B:26, I(a)-(b) within this state subsequent to the effective date of this chapter.

\t\tIV.  "Local law enforcement agency" means the chief of police in the city or town where the person resides or is temporarily domiciled, or, if the municipality has no police chief or if the person resides in an unincorporated place, the sheriff of the county where the person resides.

\t651-G:2  Registration.

\t\tI.  Every habitual offender drug dealer shall be registered with the department of safety, division of state police, in accordance with this chapter.  The division of state police shall establish and administer a registry for habitual offender drug dealers that complies with the provisions of this chapter.  

\t\tII.  Upon receipt of information pursuant to RSA 106-B:14 concerning the third conviction of any habitual offender drug dealer, the division of state police shall register such person.

\t651-G:3  Release of Certain Habitual Offender Drug Dealers Into the Community; Duties.  Upon release of any habitual offender drug dealer after a third conviction, whether on probation, parole, conditional or unconditional release, completion of sentence, or for any other reason, the official in charge of such release shall notify the offender of the offender's duty to report under this chapter.  The offender shall acknowledge in writing that he or she has received such notice at the time it is given.  The official shall obtain the address at which the offender expects to reside upon release and shall report such address to the department.  The department shall inform the local law enforcement agency where the offender expects to reside.

\t651-G:4  Duty to Report.

\t\tI.  Any person required to be registered under this chapter shall report such person's current mailing address, place of residence or temporary domicile, and place of employment or schooling to the local law enforcement agency within 30 days after the person's release from custody following conviction.  Such report shall also be made annually within 30 days after each anniversary of the person's date of birth and additionally within 30 days after any change of address or place of residence.  Such person shall also be required to submit to a photograph taken by the law enforcement agency each time the person is required to report to the law enforcement agency under this section.

\t\tII.  In addition to the requirements imposed under paragraph I, the following provisions shall apply to any habitual offender drug dealer who is sentenced to an extended term of imprisonment pursuant to RSA 651:6, I(b):

\t\t\t(a)  Every 90 days after the date of the offender's initial release or commencement of parole, the department shall mail a non-forwardable verification form to the offender's last reported address.

\t\t\t(b)  The offender shall mail the verification form to the department within 10 days after receipt of the form.

\t\t\t(c)  The verification form shall be signed by the offender, and state that the offender still resides at the address last reported to the local law enforcement agency.

\t651-G:5  Change of Name, Alias, or Address; Duty to Inform.

\t\tI.  When any person required to be registered under RSA 651-G:2, I changes residence, or his or her name or alias, the person shall give written notification of the person's new address, name, or alias to the local law enforcement agency to which he or she last reported under RSA 651-G:4 within 10 days of such change of residence, name, or alias. Such notice shall not relieve the person of the duty to report under RSA 651-G:4 at the new place of residence. The local law enforcement agency receiving such notice shall forward a copy to the division within 3 days after receipt.  The division shall notify the local law enforcement agency at the new place of residence, or the appropriate out-of-state law enforcement agency if the new place of residence is outside of this state.

\t\tII.  Any habitual offender drug dealer who, with or without compensation, is employed by or attends any public or private educational institution for a period exceeding 14 consecutive days, or for an aggregate period of time exceeding 30 days during any calendar year, shall give written notification of any changes to the person's place of employment or schooling to the local law enforcement agency to which he or she last reported under RSA 651-G:4 within 10 days of such change of place of employment or schooling.  The local law enforcement agency receiving such notice shall forward a copy to the division within 3 days after receipt.  If the habitual offender drug dealer continues to be employed by or attend any public or private educational institution, the division shall notify the local law enforcement agency at the new place of employment or schooling, or the appropriate out-of-state law enforcement agency if the new place of employment or schooling is outside of this state.

\t651-G:6  Duration of Registration.  Any habitual offender drug dealer convicted under RSA 318-B:26, I(a)-(b) shall be registered for a 4-year period from the date of release following conviction; provided that any such registration period shall not run concurrently with any registration period resulting from a subsequent conviction.

\t651-G:7  Availability of Information.

\t\tI.  Except as provided in this section, the records established and information collected pursuant to this chapter shall not be considered "public records" subject to inspection under RSA 91-A:4.  However, nothing in this chapter shall be construed to limit any law enforcement agency from making any use or disclosure of any such information as may be necessary to the performance of a valid law enforcement function.  Nothing in this chapter shall be construed to limit an individual's ability to obtain access to the individual's own records, or to limit access to a person's criminal record under the provisions of RSA 106-B:14, including address information obtained under the provisions of this chapter.

\t\tII.  The division shall maintain a list of all habitual offender drug dealers registered pursuant to this chapter.  The list shall include:

\t\t\t(a)  The name, address, and date of birth of the registered individual.

\t\t\t(b)  The offense for which the individual was convicted.

\t\t\t(c)  The date and court of the conviction for which the individual is registered.

\t\t\t(d)  Outstanding arrest warrants, and the information listed in subparagraphs (b)-(c), for any habitual offender drug dealer who has not complied with the obligation to register under this chapter.

\t\t\t(e)  A photograph or physical description of the individual, if available.

\t\t\t(f)  The date and court of the individual's other convictions, if any.

\t\t\t(g)  Information on the profile of the victim or victims of the individual's offense or offenses, if available.

\t\t\t(h)  The method of approach utilized by the individual, if available.  In no event shall the list include the identity of any victim.

\t\tIII.  At periodic intervals, not less frequently than once each month, the commissioner of the department of corrections and the superintendent of each county department of corrections shall forward to the division a statement identifying every offender who is confined in a facility under their control and who is eligible at that time for any unsupervised work detail or other assignment which may bring the offender into contact with members of the public.  These statements shall include the information set forth in paragraph II.  In no event shall the statements include the identity of any victim.  These statements shall be incorporated by the division into the list maintained under paragraph II.

\t\tIV.(a)  The division shall provide a copy of the list described in this section to each local law enforcement agency at periodic intervals, through written, electronic, computerized, or other accessible means, but in no event less frequently than once each month.  The list may be made available to a school superintendent, or designee, upon request to the local law enforcement agency.

\t\t\t(b)  Local law enforcement agencies may photograph, at the time of the registration, any individual who is required to be registered pursuant to this chapter.  The consent of the registrant shall not be necessary.  Such photographs may be used in the performance of any valid law enforcement function.

\t\tV.  Local law enforcement agencies, employees of local law enforcement agencies, and county and state officials shall be immune from civil and criminal liability for good faith conduct under this chapter.  Nothing in this paragraph shall be deemed to grant any such immunity to any person for that person's reckless or wanton conduct.

\t\tVI.(a)  Any individual required to be registered whose name and information is contained on the list described in paragraph II may file with the clerk of the superior court for the county in which the judgment was rendered an application for review of the public registration requirement contained in this section.  This application shall not be filed prior to the completion of all the terms and conditions of the sentence and in no case earlier than 3 years after the date of release following conviction.  After review of the application, the court may schedule a hearing.

\t\t\t(b)  The court shall provide notice of the application for review under this section to the victim within 30 days of any hearing.  Prior to any decision granting the application, the court shall provide the victim with the opportunity to address the court.  The victim may appear personally or by counsel and may reasonably express his or her views concerning the offense, the person responsible, and the need for maintaining the public registry requirement.  The judge shall consider the statements of the victim pursuant to this section when making a decision regarding the application.  The judge shall grant the application, after a hearing, only where, in the opinion of the court, removal from the public registry requirement under this section will assist the individual in the individual's rehabilitation and will be consistent with the public welfare.  If an application for review is denied, any subsequent application may be filed only where good cause is shown, consistent with the provisions of this section.  A decision granting an application for review under this section shall not remove any of the registration requirements contained in RSA 651-G:6.

\t651-G:8  Rules.  The department shall adopt rules, pursuant to RSA 541-A, relative to forms and procedures for the administration of this chapter.

\t651-G:9  Penalty.

\t\tI.  A habitual offender drug dealer who negligently fails to comply with the requirements of this chapter shall be guilty of a violation.

\t\tII.  A habitual offender drug dealer who knowingly fails to comply with the requirements of this chapter shall be guilty of a misdemeanor.

\t\tIII.  A habitual offender drug dealer previously convicted of a misdemeanor pursuant to paragraph II who knowingly fails to comply with the requirements of this chapter shall be guilty of a class B felony.

\t\tIV.  Any person who violates the provisions of RSA 651-G:7 shall be guilty of a violation.

\t2  Effective Date.  This act shall take effect January 1, 2017.

 

\t\t\t\t\t\t\t\t\t\t\tLBAO

\t\t\t\t\t\t\t\t\t\t\t16-2067

\t\t\t\t\t\t\t\t\t\t\t12/11/15

 

HB 1603-FN- FISCAL NOTE

 

AN ACT\trequiring the registration of drug dealers.

 

 

FISCAL IMPACT:

The Department of Safety, Department of Justice, New Hampshire Municipal Association, and Office of Legislative Budget Assistant state this bill, as introduced, will increase state, county, and local expenditures by an indeterminable amount in FY 2017 and each year thereafter.  There will be no impact on state, county, and local revenues.

 

METHODOLOGY:

The Department of Safety states this bill requires the establishment of an offender registry for individuals with three or more drug dealing convictions.  The Department does not have sufficient data to estimate how many individuals would need to be registered, however it assumes the registry will be established similarly to the sex offender registry.  The Department states it would incur indeterminable costs relative to the establishment of a computerized database to meet the requirements of this bill, however does estimate it expects it would need a minimum of three positions; two (2) program assistants responsible for, but not limited to, processing registration, monitor registrants, and overall administration, and one (1) sworn State Police position to draft and service warrants and effectuate arrests for failure to register.  The total costs for the three positions is estimated to be $106,000 in FY 2017, $185,000 in FY 2018, $194,000 in FY 2019, and $204,000 in FY 2020.  The Department assumes any costs it occurs relative to meeting the requirements of this bill would be charged against revenue collected by the criminal records unit, and since this bill does not establish a new fee or funding mechanism, the fiscal viability of said dedicated revenue may be impacted.  This bill provides neither authority nor appropriation for new positions.

 

The Department of Justice (DOJ) states it would be responsible for providing legal counsel to the Department of Safety (DOS) regarding the implementation of this bill and for representation in litigation on legal challenges to the law, its application, and its interpretation.  Currently, DOJ provides similar services to the DOS with respect to the sex offender registry and assumes the workload related to the drug offender registry established by this bill would be comparable.  Over the past three years, DOJ has annually averaged 240 attorney hours in litigation and 270 attorney hours providing legal counsel related to the sex offender registry.  While DOJ states the number of attorney hours that may be required under this bill is indeterminable, if the annual amount was 510 (240 + 270), at a total billable rate including of $139/hour (includes salary, benefits, travel, supplies, equipment, etc…), this bill may result in increased costs of $70,890 (510 hours X $139/hour).

 

The New Hampshire Municipal Association states this bill may result in an indeterminable increase to local expenditure to the extent local law enforcement agencies would be required to maintain drug dealer registration records and forward notices to the Department of Safety.

 

The Office of Legislative Budget Assistant states this bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems.  An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor.  There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch, Department of Corrections, Judicial Council and New Hampshire Association of Counties have provided the Office with potential costs associated with the penalties contained in this bill.  See table below for average cost information:

 

\t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t\t \t\t\t\t \t\t

 

FY 2017

FY 2018

Judicial Branch

 

 

Violation Level Offense

$48

$51

Class B Misdemeanor

$50

$53

Class A Misdemeanor

$70

$74

Simple Criminal Case

$277

$296

Routine Criminal Felony Case

$449

$470

Routine Equity Case

$247

$263

Complex Equity Case

$717

$740

Complex Criminal Felony Case

$869

$895

Appeals

Varies

Varies

It should be noted average case cost estimates for FY 2017 and FY 2018 are based on data that is more than ten years old and does not reflect changes to the courts over that same period of time or the impact these changes may have on processing the various case types.

Judicial Council

 

 

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney – Felony

$756/Case

$756/Case

Contract Attorney – Misdemeanor

$275/Case

$275/Case

Assigned Counsel – Felony

$60/Hour up to $4,100

$60/Hour up to $4,100

Assigned Counsel – Misdemeanor

$60/Hour up to $1,400

$60/Hour up to $1,400

It should be noted that a person needs to be found indigent and have the potential of being incarcerated to be eligible for indigent defense services. The majority of indigent cases (approximately 85%) are handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%).

Department of Corrections

 

 

FY 2015 Average Cost of Incarcerating an Individual

$34,336

$34,336

FY 2015 Average Cost of Supervising an Individual on Parole/Probation

$520

$520

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$85 to $110

$85 to $110

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None