Revision: March 8, 2016, midnight
\t \t\tSB 464-FN-A - AS AMENDED BY THE SENATE
02/04/2016 0369s
2016 SESSION
\t16-2695
\t10/09
SENATE BILL\t464-FN-A
AN ACT\testablishing a statewide drug offender grant program and making appropriations therefor, and relative to transferring certain revenues to the revenue stabilization reserve account.
SPONSORS:\tSen. Bradley, Dist 3; Sen. Boutin, Dist 16; Sen. Carson, Dist 14; Sen. D'Allesandro, Dist 20; Sen. Feltes, Dist 15; Sen. Forrester, Dist 2; Sen. Fuller Clark, Dist 21; Sen. Hosmer, Dist 7; Sen. Kelly, Dist 10; Sen. Lasky, Dist 13; Sen. Morse, Dist 22; Sen. Reagan, Dist 17; Sen. Soucy, Dist 18; Sen. Stiles, Dist 24; Sen. Watters, Dist 4; Sen. Woodburn, Dist 1; Rep. Infantine, Hills. 13; Rep. Lachance, Hills. 8; Rep. Danielson, Hills. 7; Rep. Rowe, Hills. 22; Rep. Weyler, Rock. 13; Rep. Barry, Hills. 21; Rep. Shurtleff, Merr. 11; Rep. Berch, Ches. 1; Rep. S. Sweeney, Hills. 23
COMMITTEE:\tFinance
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AMENDED ANALYSIS
\tThis bill establishes the statewide drug offender grant program administered by the office of drug offender program coordinator. Grants are paid by the administrative office of the superior court to counties meeting the requirements. The bill establishes an advisory commission and makes appropriations for grants for the administration and funding of drug courts and alternative drug offender programs. The bill also provides for a transfer of excess revenues to the revenue stabilization reserve account.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/04/2016 0369s\t16-2695
\t10/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\testablishing a statewide drug offender grant program and making appropriations therefor, and relative to transferring certain revenues to the revenue stabilization reserve account.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Chapter Title; Drug Courts and Drug Offender Grant Program. Amend the chapter heading of RSA 490-G to read as follows:
CHAPTER 490-G
DRUG COURTS AND DRUG OFFENDER GRANT PROGRAM
\t2 New Subdivision; Drug Offender Grant Program. Amend RSA 490-G by inserting after section 2 the following new subdivision:
Drug Offender Grant Program
\t490-G:3 Grant Program Created.
\t\tI. There is established a statewide drug offender grant program which shall provide state matching funds as appropriated to support drug courts or drug offender programs in all state superior court districts. The grant program shall be available to counties operating drug courts or alternative drug offender programs prior to the effective date of this section, and to counties that have not yet implemented a drug court or drug offender program.
\t\tII. There is established the office of drug offender program coordinator within the administrative office of the superior court. For purposes of this chapter, “office” means the office of drug offender program coordinator. The office shall be responsible for developing an application process by which counties shall apply for a state grant, evaluating the operating drug courts and alternative drug offender programs, determining certification, measuring recidivism rates, evaluating compliance with relevant standards, assisting in creating drug courts or alternative drug offender programs in counties seeking to implement them, and assisting counties in obtaining ongoing training.
\t\tIII. Counties operating a drug court or alternative drug offender program, or which seek to establish such a program, may be eligible for a state grant which shall pay up to 50 percent of the cost from funds administered by the administrative office of the superior court. The remaining cost shall be funded by the counties.
\t490-G:4 Eligibility for Grants.
\t\tI. For the purpose of grants, the superior court districts of each county shall be grouped into 3 categories: small, medium, and large. Coos, Carroll, and Sullivan counties shall be categorized as small. Grafton, Belknap, and Cheshire counties shall be categorized as medium. The districts of Hillsborough county superior court north and Hillsborough county superior court south, and Strafford, Merrimack, and Rockingham counties shall be categorized as large. Subject to available appropriations, large counties and districts shall each be eligible for a grant of up to $245,000 per year; medium counties shall each be eligible for a grant of up to $150,000 per year; and small counties shall each be eligible for a grant of up to $100,000 per year.
\t\tII. To be eligible for a state grant, a county operating a drug court or alternative drug offender program shall receive certification from the office. Grants shall be recommended by the advisory commission established in RSA 490-G:5 and paid upon approval of the recommended amount by the administrative office of the superior court. The office shall determine how often certification shall be required and the office shall award certification when the currently operating drug court or alternative drug offender program establishes:
\t\t\t(a) Compliance with the New Hampshire drug court or alternative drug offender program certification checklist as promulgated by the office and approved by the advisory commission; and
\t\t\t(b) A commitment on behalf of the county government.
\t\tIII. A county without a drug offender program which seeks to implement a drug court or alternative drug offender program shall first apply for a federal grant for the purpose of establishing a program. A county shall be required to apply for a federal grant only once. Any county that applied for a federal grant before the effective date of this section shall not be required to apply again. In the event the county is awarded a federal grant, or any other grant from a nonprofit organization, designed to fund a drug court or alternative drug offender program, the county shall be eligible for a state grant after the federal or other nonprofit grant has expired. If the county does not receive a federal or other nonprofit grant for which it applied, then it shall be eligible for a state grant.
\t\tIV.(a) A county seeking to implement a drug court or alternative drug offender program may obtain a state grant for the purpose of establishing a program after satisfying the conditions in paragraph III. To obtain a state grant, a county shall:
\t\t\t\t(1) Submit a budget to the office;
\t\t\t\t(2) Submit policies and procedures including a participant handbook, which may be created from templates available through the office, or program outline and implementation plan.
\t\t\t\t(3) Obtain and complete drug offender program training as approved by the office; and
\t\t\t\t(4) Demonstrate a commitment on behalf of the county government.
\t\t\t(b) If the office approves the county’s budget, policies and procedures or program outline and implementation plan, and certifies that the appropriate training has been completed and that the county has demonstrated the necessary commitment, the county shall receive the grant amount recommended by the advisory commission in RSA 490-G:5 and paid by the office for up to 50 percent of the approved budget for one year.
\t\t\t(c)(1) An alternative drug offender program may be established either separately or jointly with another county for high risk, and high or moderate need offenders. The alternative drug offender program developed shall be evidence-based and shall employ the use of an evidence-based risk/need assessment to determine participant eligibility. For counties to be eligible for a state grant, they shall obtain approval from the office of the drug offender program coordinator. Alternative drug offender programs shall comply with the requirements of subparagraph IV(a).
\t\t\t\t(2) Before obtaining a state grant, a county shall apply for federal grants that may be applicable for the program. If the county obtains a federal grant, it becomes eligible for up to a 50 percent state grant, pursuant to the conditions in this section, after the federal grant has been exhausted. The county shall be required to apply for a federal grant only once.
\t\t\t(d) To receive funding for subsequent years, the county shall obtain certification from the office. The office shall determine how often certification shall be required. The office shall grant certification if the county establishes:
\t\t\t\t(1) Compliance with the New Hampshire drug court or alternative drug offender program certification checklist as promulgated by the office and approved by the advisory commission; and
\t\t\t\t(2) A commitment on behalf of the county government.
\t\tV. The judicial branch administrative office of the superior court is authorized to expend from appropriated sums the amounts necessary to fund the grants certified by the office.
\t490-G:5 Advisory Commission; Drug Offender Grant Program.
\t\tI. There is established an advisory commission to make recommendations on amounts of grant awards and renewal of the drug offender grant program. The members of the advisory commission are as follows:
\t\t\t(a) One member of the house of representatives, appointed by the speaker of the house of representatives.
\t\t\t(b) One member of the senate, appointed by the president of the senate.
\t\t\t(c) One member of the public, appointed by the governor.
\t\t\t(d) The chief justice of the New Hampshire superior court, or designee.
\t\t\t(e) The commissioner of the department of corrections, or designee.
\t\t\t(f) The commissioner of the department of health and human services, or designee.
\t\t\t(g) One member appointed by the New Hampshire Association of Counties.
\t\t\t(h) The president of New Hampshire Association of Chiefs of Police, or designee.
\t\t\t(i) One member of the Interbranch Criminal and Juvenile Justice Council (ICJJC) appointed by the chairperson.
\t\t\t(j) One member who is a probation-parole officer, appointed by the commissioner of the department of corrections.
\t\t\t(k) One member who is a public defender, appointed by the governor.
\t\t\t(l) One member who is a prosecutor, appointed by the president of the senate.
\t\t\t(m) One member who is a victim advocate, appointed by the speaker of the house of representatives.
\t\tII. The senate member shall call the first meeting. Meetings shall be held at least twice a year. A quorum shall consist of 5 members.
\t\tIII. The advisory commission shall work with the office based on its evaluations of the operating drug courts and alternative drug offender programs, recidivism rates, and compliance with relevant standards and training as required, and recommend whether or not the drug offender grant program shall be continued. The advisory commission shall work with the office to recommend grant amounts as provided in this chapter. The advisory commission shall review and approve the drug court or alternative drug offender program certification checklist prior to implementation by the office.
\t3 Appropriation; Judicial Branch; Drug Court Grant Program.
\t\tI. The sum of $940,000 for the fiscal year ending June 30, 2016 and $1,635,000 for the fiscal year ending June 30, 2017 is hereby appropriated to the judicial branch for the purpose of funding the drug offender grants certified by the office of the drug offender program coordinator under RSA 490-G.
\t\tII. The sum of $151,799 for the fiscal year ending June 30, 2016 and $254,345 for the fiscal year ending June 30, 2017 is hereby appropriated to the judicial branch for the purpose of administrative support under RSA 490-G for the drug offender grant program.
\t\tIII. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.
\t4 Transfer to Revenue Stabilization Reserve Account. Notwithstanding any provision of law to the contrary, to the extent combined unrestricted general and education trust fund revenues for the fiscal year ending June 30, 2016 as determined by the official audit performed pursuant to RSA 21-I:8, II(a) exceed the official estimates, an amount not to exceed $5,000,000 of said excess shall immediately be transferred by the comptroller to the revenue stabilization fund established in RSA 9:13-e.
\t5 Effective Date. This act shall take effect upon its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2695
\t\t\t\t\t\t\t\t\t\t\t12/16/15
SB 464-FN-A- FISCAL NOTE
AN ACT\testablishing a statewide drug court grant program and making appropriations therefor.
FISCAL IMPACT:
The Judicial Branch, Department of Corrections, and New Hampshire Association of Counties state this bill, as introduced, will increase state and county expenditures and county revenue by an indeterminable amount in FY 2016 and each year thereafter. There will be no impact on state and local revenue or on local expenditures.
This bill appropriates $940,000 for the fiscal year ending June 30, 2016 and $1,635,000 for the fiscal year ending June 30, 2017 from the state general fund to the Department of Corrections for the purpose of this act.
This bill also appropriates $211,000 for the fiscal year ending June 30, 2016 and $333,000 for the fiscal year ending June 30, 2017 from the state general fund to the Judicial Branch for the purpose of this act.
METHODOLOGY:
The Judicial Branch states the proposed bill would enact RSA 490-G:3-5, establishing a statewide drug court program. The bill makes appropriations to the Branch for administrative support of the office of drug court coordinator within the administrative office of the superior court. The Branch assumes the earliest date staff could begin work on the program would be April 1, 2016 and estimates the budget for the office of drug court coordinator would be approximately $65,000 in FY 2016 and $330,000 in FY 2017. The Branch states the drug court would not add additional cases to the caseload of the superior court, but cases selected for drug court treatment require more time from the judge than do cases processed in regular court. The Branch indicates five superior court judges and one circuit court judge are currently involved in the existing drug courts and if the drug court was statewide, eleven judges would be involved. The Branch states judges spend about 4 hours per week on drug court at an average hourly rate of $141.60, therefore the annual cost of judicial time for statewide drug courts would be approximately $312,000. The Branch states the superior court believes it could absorb this cost if it were to have appointed and serving the 21 superior court judges currently authorized in Chapter 276:22, Laws of 2015 (HB2).
The Department of Corrections states the bill appropriates funds to the Department for the statewide drug court grant program. The Department is not able to determine the fiscal impact, but assumes there will be a minimal cost associated with managing the appropriation and administering the grants to counties.
The New Hampshire Association of Counties states the requirement for counties, without an existing drug court, to apply for a federal grant for the purpose of establishing one will increase costs to those counties. The Association assumes additional staff time will be needed to apply for and monitor the grant(s) and the grant may require offsetting costs or require a match from the counties. In addition, the bill provides for a grant of up to 50% of the cost of the drug court and the counties would incur the cost of the remaining share.