Revision: June 7, 2016, midnight
\t \t\tSB 464-FN-A - VERSION ADOPTED BY BOTH BODIES
02/04/2016 0369s
11May2016... 1853h
06/01/2016 2129EBA
2016 SESSION
\t16-2695
\t10/09
SENATE BILL\t464-FN-A
AN ACT\testablishing a statewide drug offender grant program, establishing drug courts or alternative drug offender programs in certain counties, making appropriations therefor, and 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
This bill:
\tI. Establishes the statewide drug offender grant program administered by the office of drug offender program coordinator and makes appropriations therefor. Grants are paid by the administrative office of the superior court to counties meeting the requirements.
\tII. Appropriates funds to the judicial branch for the purpose of funding the drug offender grant program.
\tIII. In counties which have implemented or will implement the felonies first project, provides funding for the operation of a drug court or alternative drug offender program.
\tIV. 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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.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
11May2016... 1853h
06/01/2016 2129EBA\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, establishing drug courts or alternative drug offender programs in certain counties, making appropriations therefor, and 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 Alternative Drug Offender Grant Program. Amend the chapter heading of RSA 490-G to read as follows:
CHAPTER 490-G
DRUG COURTS AND ALTERNATIVE 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 Definitions. In this subdivision:
\t\tI. "Alternative drug offender program" means a program offered by a county as an alternative to operating a drug court for nonviolent offenders including diversion programs and programs utilizing intensive probation, random drug testing, and evidence-based cognitive therapy.
\t\tII. "Best practices" means research-based, specific, practitioner-focused drug court guidance published by the National Association of Drug Court Professionals. For alternative drug offender programs, best practices include evidence-based programs which divert nonviolent offenders out of the criminal justice system or utilize intensive probation supervision, sanctions, and behavior therapy to address behavior.
\t\tIII. "Office" means the office of drug offender program coordinator within the administrative office of the superior court.
\t\tIV. “Drug court” means drug courts as described in RSA 490-G:1 and RSA 490-G:2.
\t490-G:4 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 alternative drug offender programs in state superior court districts. The grant program shall be available to counties operating either a drug court or an alternative drug offender program prior to the effective date of this section, and to counties that have not yet implemented a drug court or an alternative drug offender program. A county shall be eligible for a drug court or an alternative drug offender grant, but not both. Beginning in fiscal year 2018, the statewide drug offender grant program shall continue as long as it is funded through appropriations in the state operating budget.
\t\tII. There is established the office of drug offender program coordinator within the administrative office of the superior court. The office shall be responsible for developing an application process by which counties may apply for a state grant and evaluating the operating drug courts and alternative drug offender programs. Subject to approval of the chief justice of the superior court, the office shall:
\t\t\t(a) Determine approval requirements including the New Hampshire drug court and alternative drug offender program approval checklists. Prior to accepting applications for grants, the approval checklists shall be posted on the judicial branch website. The checklists shall be updated on the website as revisions are made.
\t\t\t(b) Establish and periodically update best practices for operating drug courts and alternative drug offender programs.
\t\t\t(c) Develop draft policies and procedures including a participant handbook, program outline, and implementation plan.
\t\t\t(d) Measure recidivism rates and other outcome measures.
\t\t\t(e) Evaluate compliance with relevant standards.
\t\t\t(f) Assist in creating drug courts or alternative drug offender programs in counties seeking to implement or continue either of them.
\t\t\t(g) Assist counties in obtaining ongoing training.
\t\tIII. A county operating a drug court or alternative drug offender program which is not funded by the judicial branch pursuant to RSA 592-B:9, or which seeks to establish such a program, may be eligible for a state grant which shall pay 50 percent of the cost up to the amounts indicated in RSA 490-G:5, I from funds administered by the administrative office of the superior court. The remaining cost shall be funded by the county.
\t490-G:5 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, based on the number of court filings in each district and subject to annual review by the chief justice of the superior court. Coos, Carroll, and Sullivan counties shall initially be categorized as small. Grafton, Belknap, and Cheshire counties shall initially 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 initially be categorized as large. Subject to available state 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. Grants shall be awarded based on the date of program approval on a first-come, first-served basis, but shall not be retroactive. Counties may apply for grants during the year and grants may be prorated for a portion of the year for the number of months the grant will be in effect for that year. Grants shall not be prorated based on the amount of appropriation available. Any state drug offender grant program funds which are not expended by a county at the end of the county’s fiscal year shall be returned to the judicial branch administrative office of the superior court for deposit in the state general fund.
\t\tII. To be eligible for a state grant, a county operating either a drug court or an alternative drug offender program which is not funded by the judicial branch pursuant to RSA 592-B:9 shall receive a recommendation for approval from the office. Grants shall be paid by the administrative office of the superior court following receipt of recommendations by the office and final approval of the chief justice of the superior court. The office shall determine how often approval shall be required and the office shall recommend subsequent grants when the currently operating drug court or alternative drug offender program establishes compliance with the New Hampshire drug court or alternative drug offender program approval checklist as promulgated by the office.
\t\tIII. A county without a drug offender program which seeks to implement either a drug court or an 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 only 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 to apply for a state grant.
\t\tIV.(a)(1) A county seeking to implement either a drug court or an 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\t(A) Submit a budget for the total cost of the program to the office for review;
\t\t\t\t\t(B) Obtain from the office draft policies and procedures, including a participant handbook or program outline and implementation plan, which the county may amend and return to the office for consideration and approval; and
\t\t\t\t\t(C) Obtain and complete drug offender program training as approved by the office.
\t\t\t\t(2) Based on the information provided in subparagraphs (1)(A)-(C), the office shall recommend programs for final approval of the chief justice of the superior court.
\t\t\t(b) If the county’s proposed program and required documentation is approved, the county shall receive the grant amount of 50 percent of the approved budget up to the amounts indicated in RSA 490-G:5, I 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 grant amount available to counties applying jointly shall be the sum of the amounts each county would be eligible for separately. The alternative drug offender program developed shall be evidence-based, cost effective, 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 (a).
\t\t\t\t(2) Before obtaining a state grant, a county shall apply for federal grants that may be applicable for the alternative drug offender program. If denied, the county may be eligible for the state grant pursuant to the conditions of this section. If the county obtains a federal grant, it becomes eligible for the state grant only 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 approval from the office. The office shall determine how often approval shall be required. Subject to final approval by the chief justice of the superior court, the office shall grant approval if the county:
\t\t\t\t(1) Establishes compliance with the New Hampshire alternative drug offender program approval checklist as promulgated by the office; and
\t\t\t\t(2) Provides a complete accounting of program activities, expenditures, and outcome measures for the past year including, but not limited to, the number of participants, number of graduates, and the number of recidivists; and
\t\t\t\t(3) Establishes that the program is cost effective.
\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:6 Report. Beginning with a report due on or before January 1, 2018, the office of drug offender program coordinator shall prepare an annual report on the activities, expenditures, and outcome measures for the drug offender grant program, and the operation of drug courts or alternative drug offender programs. The report shall include the information provided by each county and shall be presented by state superior court district and on a statewide basis. The report shall be forwarded to the speaker of the house of representatives, the president of the senate, and the office of the legislative budget assistant to be posted on the website of the office of the legislative budget assistant. If the required report is not provided by January 30 in any year, the drug courts and alternative drug offender grant program shall be suspended until such report is provided.
\t3 New Section; Criminal Procedure in Superior Court. Amend RSA 592-B by inserting after section 8 the following new section:
\t592-B:9 Drug Courts or Alternative Drug Offender Programs.
\t\tI.(a) In any county that has implemented or which will implement the felonies first project established in this chapter within one year of commencing operation of a drug court or alternative drug offender program, the judicial branch shall fund and operate an approved drug court or alternative drug offender program separate from the statewide drug offender grant program established in RSA 490-G, and at no cost to the county.
\t\t\t(b) Before the judicial branch funds and operates a drug court or alternative drug offender program in any county under subparagraph (a), the county shall have first applied 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 judicial branch shall fund and operate a drug court or alternative drug offender program only 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, the drug court or alternative drug offender program shall commence operation.
\t\t\t(c) The cost of the drug court or alternative drug offender program shall not exceed $490,000 per judicial district in a large county, $300,000 in a medium county, and $200,000 in a small county, based on the number of court filings in each judicial district and subject to annual review by the chief justice of the superior court.
\t\tII. A county in which the judicial branch is funding and operating an approved drug court or alternative drug offender program separate from the statewide drug offender grant program established in RSA 490-G:4 shall not be eligible to receive funds under the statewide drug offender grant program.
\t4 Appropriation; Judicial Branch; Drug Offender Grant Program and Operation of Drug Courts and Alternative Drug Offender Programs.
\t\tI. The sum of $2,070,000 for the fiscal year ending June 30, 2017 is hereby appropriated to the judicial branch, for the purpose of funding the drug offender grant program certified by the office of the drug offender program coordinator under RSA 490-G, and the operation of drug courts and alternative drug offender programs under RSA 592-B:9. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
\t\tII. The sum of $160,000 for the fiscal year ending June 30, 2017 is hereby appropriated to the judicial branch, for the purpose of hiring a state program coordinator and funding operating expenses under RSA 490-G for the drug offender grant program. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
\t5 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 $40,000,000 of said excess shall immediately be transferred by the comptroller to the revenue stabilization reserve account established in RSA 9:13-e.
\t6 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\tAmended 3/23/16
SB 464-FN-A - FISCAL NOTE
AN ACT\testablishing a statewide drug offender grant program, establishing drug courts or alternative drug offender programs in certain counties, making appropriations therefor, and transferring certain revenues to the revenue stabilization reserve account.
FISCAL IMPACT:
The Judicial Branch and New Hampshire Association of Counties state this bill, as amended by the Senate (Amendment #2016-0369s), 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 $1,091,799 for the fiscal year ending June 30, 2016 and $1,889,345 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 statewide drug courts and drug offender grant program. Section 3, I of the bill makes an appropriation of $940,000 in FY 2016 and $1,635,000 in FY 2017 to the Branch to fund grants to superior court districts as certified by the office of the drug offender program coordinator. Grants awarded to the superior court districts must be matched by funds from the county. The maximum annual state grant varies based on the size of the district. Small districts would be eligible for up to $100,000, medium districts eligible for up to $150,000, and large districts would be eligible for an annual grant of up to $245,000. The Branch states the grants are for administrative costs and not for treatment of individuals in the drug courts. The Branch indicates the grant amounts are based on the experience of Strafford County, which has been operating a drug court for more than 10 years. The Branch expects the appropriations in the bill will be sufficient to provide grants in the current biennium. If each district were to apply for the maximum annual grant, $1,975,000 would be needed to fund all districts. The Branch anticipates not every district will apply for grants and states the Hillsborough south district will not be eligible for a state grant until FY 2018 since it will continue to receive federal grant funds through FY 2017. Section 3, II of the bill appropriates $151,799 in FY 2016 and $254,345 in FY 2017 to the Branch for administrative support to the office of drug court coordinator within the administrative office of the superior court. The Branch indicates, depending on when the bill is effective, it is questionable whether any FY 2016 funds will be expended for support of the office of drug court coordinator. 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 drug courts were 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 eventually all of the drug courts will be housed in the superior court and the superior court believes it could absorb this additional 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 New Hampshire Association of Counties states the requirement for counties, without an existing drug court or drug offender program, to first 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.
The Office of Legislative Budget Assistant states section 4 of the bill requires a transfer of up to $5,000,000 to the revenue stabilization reserve account if the combined unrestricted general fund and education trust fund revenues for FY 2016 exceed official estimates. The Office states this section will not impact state, county, or local revenue and expenditures.