HB 1668-FN - AS INTRODUCED
2016 SESSION
\t16-2074
\t04/01
HOUSE BILL\t1668-FN
AN ACT\testablishing a registry for persons convicted of heroin-related offenses and requiring registration of heroin offenders.
SPONSORS:\tRep. Flanagan, Hills. 26; Rep. Emerson, Ches. 11
COMMITTEE:\tHealth, Human Services and Elderly Affairs
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ANALYSIS
\tThis bill requires the department of safety to create a heroin registry and requires registration of persons convicted of heroin-related offenses.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2074
\t04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\testablishing a registry for persons convicted of heroin-related offenses and requiring registration of heroin offenders.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Chapter; Registration of Persons Convicted of Heroin Offenses. Amend RSA by inserting after chapter 651-F the following new chapter:
CHAPTER 651-G
REGISTRATION OF PERSONS CONVICTED OF HEROIN OFFENSES
\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. "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.
\t\tIV. "Offender" means any person with 2 or more convictions in this state subsequent to the effective date of this chapter for manufacturing, selling, prescribing, administering, transporting, or possessing with intent to sell, dispensing, or compounding heroin or any preparation containing heroin, as those terms are defined in RSA 318-B:1; or manufactures, sells, transports, or possesses with intent to sell, dispense, compound, package, or repackage as those terms are defined in RSA 318-B:1, any substance which he or she represents to be heroin or a heroin analog, or any preparation containing a substance which he or she represents to be heroin or a heroin analog.
\t651-G:2 Registration.
\t\tI. Every offender 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 offenders that complies with the provisions of this chapter.
\t\tII. Upon receipt of information pursuant to RSA 106-B:14 concerning the second conviction of any offender, the division of state police shall register such person.
\t651-G:3 Release of Offenders; Duties. Upon release of any offender after a second conviction under this chapter, 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. An offender shall report his or her 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 offender 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 or Alias, or Address; Duty to Inform.
\t\tI. When an offender changes residence, or his or her name or alias, the offender shall give written notification of his or her 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 offender 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 offender 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. An offender convicted of a heroin offense described in RSA 651-G:1, IV shall be registered for a 5-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. An offender who commits a third or subsequent heroin offense prohibited under RSA 651-G:1, IV after the expiration of his or her 5-year registration period shall, upon conviction, be registered for a 10-year period.
\t651-G:7 Availability of Information.
\t\tI. Except as provided in this section, the records established and information collected pursuant to the provisions of this chapter shall not be considered "public records" subject to 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 public list of all offenders registered pursuant to this chapter.
\t\t\t(a) The list shall include:
\t\t\t\t(1) The name, address, and date of birth of the registered offender.
\t\t\t\t(2) The offense for which the individual was convicted.
\t\t\t\t(3) The date and court of the conviction for which the offender is registered.
\t\t\t\t(4) Outstanding arrest warrants, and the information listed in subparagraphs (b)-(c), for any offender who has not complied with the obligation to register under this chapter.
\t\t\t\t(5) A photograph or physical description of the offender, if available.
\t\t\t\t(6) The date and court of the individual's other convictions, if any.
\t\t\t\t(7) Information on the profile of the victim or victims of the offender's offense or offenses, if available.
\t\t\t\t(8) The method of approach utilized by the offender, if available.
\t\t\t(b) The list shall not include the identity of any victim.
\t\tIII. At least once per 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. The statements shall not 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(b) A local law enforcement agency may photograph, at the time of the registration, any offender required to be registered pursuant to this chapter. The consent of the offender 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 offender 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 registration 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 Additional Restrictions on Offenders.
\t\tI. No offender registered under this chapter shall, for the duration of his or her registration, receive or be eligible to receive state-funded public assistance of any kind from any state-funded public assistance program. The court may order an offender to make restitution for any state-funded public assistance received from the time the court determines that the offender was involved in activity prohibited under this chapter.
\t\tII. Upon conviction for an offense requiring registration pursuant to this chapter, the court shall order the law enforcement agency in the city or town in which the offender resides to serve immediate notice of suspension on the offender. The suspension shall be effective 30 days after the date of service and shall be effective until the offender reports to a place designated by the division of motor vehicles and surrenders his or her New Hampshire driver's license. If the offender has a valid New Hampshire driver's license, the designated agent of the division of motor vehicles shall take the offender's driver's license, and issue a temporary license valid for the registration period. Any license issued during the offender's registration period shall clearly and conspicuously indicate that the person is a registered heroin offender. In the case of a person who has a driver's license from another jurisdiction, all provisions of this paragraph shall apply except that surrender of the out-of-state driver's license and issuance of a temporary driving permit shall not be required. The division of motor vehicles shall transmit a copy of the suspension order to the motor vehicle authorities in the jurisdiction where the person's license was issued, and also in the jurisdiction of the person's residence if different from that where the license was issued.
\t651-G:9 Rules. The department shall adopt rules, pursuant to RSA 541-A, relative to forms and procedures for the administration of this chapter.
\t651-G:10 Penalty.
\t\tI. An offender who negligently fails to comply with the requirements of this chapter shall be guilty of a violation.
\t\tII. An offender who knowingly fails to comply with the requirements of this chapter shall be guilty of a misdemeanor.
\t\tIII. An offender 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\t16-2074
\t\t\t\t\t\t\t\t\t\t\t12/22/15
HB 1668-FN- FISCAL NOTE
AN ACT\testablishing a registry for persons convicted of heroin-related offenses and requiring registration of heroin offenders.
FISCAL IMPACT:
The Department of Safety, Department of Justice, New Hampshire Association of Counties, 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 a registry for individuals with heroin related 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. The Department estimates it would need a minimum of three positions; two (2) program assistants responsible for, but not limited to, processing registrations, monitoring 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 estimated 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.
In addition, the Department of Safety states this bill requires registered heroin-related offenders holding a state driver’s license to surrender it for a temporary license with a clear indication they are a registered heroin offender. There will be no impact on state revenues as there is no fee associated with the temporary license. The Department estimates it would incur costs of $9,500 in FY 2017 relative to system and form changes and $2,250 in FY 2017 and $4,500 in FY 2018 and each year thereafter relative to card stock for the licenses.
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 heroin-related 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 Association of Counties and New Hampshire Municipal Association state this bill may increase county and local expenditures related to reporting requirements set forth in this bill. The NH Department of Corrections may have an indeterminable increased cost related to the reporting requirements contained in this bill.
The Office of Legislative Budget Assistant states this bill contains penalties and a process for court review of public registration requirement that may have an impact on the New Hampshire judicial and correctional systems. Specifically, the penalties include a violation level offense, an unspecified misdemeanor, which can be either class A or class B, with the presumption being a class B misdemeanor, and a class B felony. A court review of public registration requirement is estimated as a routine equity case. There is no method to determine how many charges or review requests would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch, Judicial Council, Department of Corrections, 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:
| FY 2017 | FY 2018 |
Judicial Branch |
|
|
Violation Level Offense | $48 | $51 |
Class B Misdemeanor | $50 | $53 |
Class A Misdemeanor | $70 | $74 |
Routine Criminal Felony Case | $449 | $470 |
Routine Equity Case | $247 | $263 |
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 |