Revision: Feb. 2, 2016, midnight
\t \t\tSB 540-FN - AS INTRODUCED
2016 SESSION
\t16-2978
\t04/09
SENATE BILL\t540-FN
AN ACT\tprohibiting the possession, use, or sale of kratom.
SPONSORS:\tSen. Fuller Clark, Dist 21; Sen. Carson, Dist 14; Rep. Sherman, Rock. 24; Rep. LeBrun, Hills. 32
COMMITTEE:\tHealth and Human Services
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ANALYSIS
\tThis bill establishes a criminal penalty for the possession, sale, or use of kratom.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2978
\t04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\tprohibiting the possession, use, or sale of kratom.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 New Chapter; Kratom. Amend RSA by inserting after chapter 318-E the following new chapter:
CHAPTER 318-F
Kratom
\t318-F:1 Acts Prohibited. It shall be unlawful for any person to manufacture, possess, control, sell, purchase, prescribe, administer, transport, package or repackage or possess with intent to manufacture, sell, dispense, administer, compound, package, or repackage mitragynine or hydroxymitragynine, commonly known as kratom.
\t318-F:2 Penalty. Any person who violates the provisions of RSA 318-F:1 shall be guilty of a class B felony and may be sentenced to a maximum term of imprisonment of not more than 7 years, a fine of not more than $100,000, or both. In the case of a second or subsequent violation of RSA 318-F:1, such person may be sentenced to a maximum term of imprisonment of not more than 15 years, a fine of not more than $200,000, or both.
\t2 Effective Date. This act shall take effect July 1, 2016.
\t\t\t\t\t\t\t\t\t\t\t16-2978
\t\t\t\t\t\t\t\t\t\t\tRevised 2/2/16
SB 540-FN- FISCAL NOTE
AN ACT\tprohibiting the possession, use, or sale of kratom.
FISCAL IMPACT:
The Office of Legislative Budget Assistant states this bill, as introduced, may increase state and county expenditures by an indeterminable amount in FY 2017 and each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Office of Legislative Budget Assistant states this bill contains penalties that may have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the Judicial Branch, Department of Corrections, Judicial Council 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 |
|
|
Routine Criminal Felony Case | $449 | $470 |
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 |
Assigned Counsel – Felony | $60/Hour up to $4,100 | $60/Hour up to $4,100 |
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 |
Many offenses are prosecuted by local and county prosecutors. In those instances where the Department of Justice has prosecutorial responsibility or is involved with appeals for a conviction related to the offense contained in this bill, the Department would absorb the cost within its existing budget. If the bill results in the Department needing to prosecute significantly more cases or be involved in significantly more appeals, then there may be an indeterminable increase in costs to the Department.
The Department of Safety indicates it has not seen an increase in the use or trafficking of kratom. The Department states the fiscal impact of the bill on the Department is indeterminable.
The New Hampshire Municipal Association states it does not appear that this bill would have an impact on municipal revenue or expenditures.