Revision: March 8, 2016, midnight
\t \t\tSB 468-FN - AS AMENDED BY THE SENATE
03/03/2016 0589s
2016 SESSION
\t16-2861
\t04/03
SENATE BILL\t468-FN
AN ACT\trelative to changes to the sex offender registry.
SPONSORS:\tSen. Bradley, Dist 3; Sen. Boutin, Dist 16; Sen. Carson, Dist 14; Sen. D'Allesandro, Dist 20; Sen. Forrester, Dist 2; Sen. Fuller Clark, Dist 21; Sen. Hosmer, Dist 7; Sen. Kelly, Dist 10; Sen. Lasky, Dist 13; Sen. Pierce, Dist 5; Sen. Soucy, Dist 18; Sen. Stiles, Dist 24; Sen. Watters, Dist 4; Sen. Woodburn, Dist 1; Rep. Webb, Rock. 6; Rep. Shurtleff, Merr. 11; Rep. Eaton, Ches. 3; Rep. Baldasaro, Rock. 5; Rep. Tholl, Coos 5; Rep. Hinch, Hills. 21; Rep. Umberger, Carr. 2; Rep. Wall, Straf. 6; Rep. M. Hennessey, Graf. 12; Rep. Crawford, Carr. 4
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill amends the duration of registration requirements for certain sex offenders.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/03/2016 0589s\t16-2861
\t04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to changes to the sex offender registry.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Registration of Criminal Offenders; Duration of Registration. Amend RSA 651-B:6, III(a)(1) to read as follows:
\t\t\t\t(1) Except as provided in paragraph V, all tier III offenders shall remain on the public list contained in RSA 651-B:7 for life.
\t2 New Paragraph; Registration of Criminal Offenders; Duration of Registration. Amend RSA 651-B:6 by inserting after paragraph IV the following new paragraph:
\t\tV. Any offender who was convicted prior to the establishment of the sex offender registry may petition the court to have his or her name removed from such registry. The petition shall be accompanied by a risk assessment prepared by a qualified psychiatrist or psychologist at the offender's expense. The court may grant the petition if the offender has not been convicted of any subsequent felony, class A misdemeanor, sexual offense, or offense against a child, has successfully completed any period of supervised release, probation, or parole, and has successfully completed an appropriate sex offender treatment program as determined by the court. Prior to granting any petition to remove an offender from the registry, the court shall provide notice to the county attorney who prosecuted the case, the victim advocate, and the victim or victim's family, and permit those parties to be heard on the petition. 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, or may provide a written statement to reasonably express his or her views concerning the offense, the person responsible, and the need for maintaining the registration requirement. The victim shall not be subject to cross-examination. 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, the offender has demonstrated that he or she is not a danger to the public and no longer poses a risk sufficient to justify continued registration. If the court denies the petition, the offender shall not file another petition for 5 years from the date of denial.
\t3 Effective Date: This act shall take effect upon passage.
\t\t\t\t\t\t\t\t\t\t\t16-2861
\t\t\t\t\t\t\t\t\t\t\t12/17/15
SB 468-FN- FISCAL NOTE
AN ACT\trelative to changes to the sex offender registry.
FISCAL IMPACT:
The Judicial Branch, Department of Safety, and New Hampshire Association of Counties state this bill, as introduced, will increase state and county expenditures and decrease state and local revenue by an indeterminable amount in FY 2017 and each year thereafter. There will be no impact on county revenue or local expenditures.
METHODOLOGY:
The Judicial Branch states this bill would enact RSA 651-B:6, V, to allow a sex offender who was convicted prior to enactment of the sex offender registry, to petition the court to have his or her name removed from the registry. The court would be required to provide notice of the petition to the county attorney who prosecuted the case, the victim advocate, and the victim or victim’s family, and permit those parties to be heard on the petition. Prior to any decision, the court is required to provide the victim with an opportunity to address the court. The Branch has no information on how many petitions will be brought in the superior court, but does have information on the average cost of processing such cases. The Branch indicates, in terms of the time involved, the most closely aligned case type would be a routine equity case. The estimated cost to the Judicial Branch of an average routine equity case in the superior court will be $247.11 in FY 2017 and $262.55 in FY 2018. These amounts do not include the cost of any appeal that may be taken following trial. The Branch notes 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.
The Department of Safety states this bill amends the duration of registration requirements for certain sex offenders. It would allow for a registered offender to request a hearing in superior court to determine if they no longer pose a danger sufficient to require continued registration. The Department indicates registered offenders pay an annual fee of $50 of which 10% is returned to local jurisdictions, and that a reduction in individuals registered would reduce state and local revenue. The Department expects an increase in costs for staff time needed to prepare documents for hearings and if staff is requested to testify at hearings.
The New Hampshire Association of Counties states the county attorney who prosecuted the case would be required to spend additional time to prepare for and be present in court. The Association is not able to estimate the increase in expenditures as it unknown how many cases there will be or how much work and time will be required. The Association indicates there would be no impact on county revenue.