Revision: March 8, 2016, midnight
\t \t\tSB 466-FN - AS INTRODUCED
2016 SESSION
\t16-2777
\t05/10
SENATE BILL\t466-FN
AN ACT\trelative to the detention of a minor while waiting for the disposition of his or her case.
SPONSORS:\tSen. D'Allesandro, Dist 20; Sen. Feltes, Dist 15; Sen. Lasky, Dist 13; Sen. Soucy, Dist 18; Sen. Watters, Dist 4
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill provides that a minor whose case is to be transfered to the superior court may be detained at a county correctional facility or the youth development center.
\tThis bill is a request of the department of corrections.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2777
\t05/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to the detention of a minor while waiting for the disposition of his or her case.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Delinquent Children; Transfer to Superior Court; Detention at the Youth Development Center Permitted. Amend RSA 169-B:24, II to read as follows:
\t\tII. The minor shall be entitled to the assistance of counsel. Both the prosecutor and counsel for the minor shall have access to the court records, probation reports, or other agency reports. If the court orders transfer to superior court, it shall provide a written statement of findings and reasons for such transfer to the minor. When persons so certified are accepted by the superior court, the superior court may dispose of all criminal charges arising out of the incident which led to the transfer petition according to the relevant laws of this state without any limitations as to sentence or orders required by this chapter. All original papers in transferred cases shall remain in the court from which transferred and certified copies of the papers shall be filed with and shall constitute the records of the court to which transfer is made. Pending disposition by the superior court, a juvenile who is transferred and accepted by the superior court may be placed under the supervision of the department of corrections or required to recognize with sufficient sureties, or in default of such sureties, be detained at a county correctional facility or the youth development center to await disposition of the case in the superior court[; provided, however, once a minor is certified for trial as an adult and the person is transferred to the superior court, detention at the youth development center is prohibited].
\t2 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2777
\t\t\t\t\t\t\t\t\t\t\t12/23/15
SB 466-FN- FISCAL NOTE
AN ACT\trelative to the detention of a minor while waiting for the disposition of his or her case.
FISCAL IMPACT:
The Departments of Health and Human Services and New Hampshire Association of Counties state this bill, as introduced, will have an indeterminable impact on state and county expenditures in FY 2017 and each year thereafter. There will be no impact on state, county and local revenue or local expenditures.
METHODOLOGY:
The Department of Health and Human Services states this bill would authorize continued detention of youth at the Sununu Youth Services Center (SYSC) following their certification to stand trial as an adult and pending disposition of their case in the superior court. The Department estimates the average annual number of youth at the SYSC pending certification to stand trial as an adult is five or less. The estimated average cost of commitment / detention at SYSC is $588 per day. The Department indicates the additional length of stay is not known and would depend on the length of the proceedings in the superior court which vary with each case. The Department assumes there would be an indeterminable increase in State general fund expenditures and federal funds are not available for the costs of committed or detained youth.
The New Hampshire Association of Counties states the fiscal impact on the county incarceration costs is indeterminable. The Association indicates county correctional facilities currently only house adults and do not house juveniles.
The Department of Corrections states it is not able to determine the fiscal impact of this bill because it does not have sufficient detail to predict the number of individuals who would be subject to the legislation. The Department of Corrections states the average annual cost of incarcerating an individual in the general population for the fiscal year ending June 30, 2015 was $34,336. The average cost to supervise an individual by the Department’s Division of Field Services for the fiscal year ending June 30, 2015 was $520.