HB652 (2017) Detail

(New Title) establishing a veterans track within the court system and relative to annulment of a sentence imposed by a mental health court.


CHAPTER 169

HB 652-FN - FINAL VERSION

 

15Feb2017... 0341h

23Mar2017... 0868h

2017 SESSION

17-0618

05/10

 

HOUSE BILL 652-FN

 

AN ACT establishing a veterans track within the court system and relative to annulment of a sentence imposed by a mental health court.

 

SPONSORS: Rep. Baldasaro, Rock. 5; Rep. Theberge, Coos 3; Rep. Weyler, Rock. 13; Rep. Phinney, Straf. 24; Rep. Spanos, Belk. 3; Sen. Carson, Dist 14; Sen. French, Dist 7; Sen. Avard, Dist 12; Sen. Watters, Dist 4

 

COMMITTEE: State-Federal Relations and Veterans Affairs

 

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AMENDED ANALYSIS

 

This bill permits superior and circuit courts to establish veterans tracks for veterans and members of the military with substance abuse and mental health issues.

 

The bill also requires a person sentenced by a mental health court to wait one year after completing all programs and conditions imposed by the court before filing a petition for annulment.  The current period is 6 months.

 

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15Feb2017... 0341h

23Mar2017... 0868h 17-0618

05/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT establishing a veterans track within the court system and relative to annulment of a sentence imposed by a mental health court.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

169:1  New Chapter; Veterans Track.  Amend RSA by inserting after chapter 490-H the following new chapter:

CHAPTER 490-I

VETERANS TRACK

490-I:1  Implementation of Veterans Tracks.  

I.  A superior or circuit court may establish a veterans track within an existing drug court or mental health court, through which the court monitors veterans and active duty members of the military with mental illnesses, substance abuse issues, or both, for compliance with individual services to change behavior which would otherwise result in criminal conduct.  

II.(a)  In this chapter, "veterans track'' means a judicial intervention process based on the 10 key components listed in subparagraph (b).  Some jurisdictions may choose to describe veterans tracks as veterans dockets, veterans behavioral health tracks, or veterans diversionary programs.  

(b)  The 10 key veterans track components are:

(1)  Integration of alcohol, drug treatment, and mental health services within the current justice system case processing.

(2)  Use of a non-adversarial approach in which prosecution and defense counsel promote public safety while protecting participants' due process rights.

(3)  Early identification of eligible participants and prompt placement in the veterans track.  

(4)  Access to a continuum of alcohol, drug, mental health, and other related treatment and rehabilitation services.

(5)  Use of frequent alcohol and other drug testing to monitor abstinence.

(6)  A coordinated strategy to govern veterans tracks' responses to participants’ compliance.

(7)  Ongoing judicial interaction with each participant.

(8)  Monitoring and evaluation to measure the achievement of program goals and gauge effectiveness.

(9)  Continuing interdisciplinary education to promote effective veterans track planning, implementation, and operations.

(10)  Partnerships among veterans tracks, the Veterans Administration, public agencies, and community-based organizations to generate local support and enhance veterans tracks’ effectiveness.

III.  Upon successful completion of a program recommended by the veterans track, an offender's case may be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the drug court or mental health court.  This may include, but is not limited to, withholding criminal charges, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration.

IV.  A person sentenced by a drug court or mental health court through the veterans track may, at least one year after successful completion of all programs and conditions imposed by the court, petition for annulment of the charges, arrest, conviction, and sentence that relate to such person's entry into the drug court or mental health court.  Nothing in this section shall otherwise supplant or supersede the annulment procedures of RSA 651:5.

V.  The veterans track may convene a local committee made up of community members who can provide support for the veterans track.  

169:2  Mental Health Court; Annulment.  Amend RSA 490-H:2, III to read as follows:

III.  A person sentenced by a mental health court may, at least [6 months] one year after successful completion of all programs and conditions imposed by the mental health court, petition for annulment of the charges, arrest, conviction, and sentence that relate to such person's entry into the mental health court.

169:3  Effective Date.  This act shall take effect January 1, 2018.

 

Approved: June 28, 2017

Effective Date: January 01, 2018

 

 

 

Links

HB652 at GenCourtMobile

Action Dates

Date Body Type
Feb. 1, 2017 House Hearing
Feb. 8, 2017 House Exec Session
Feb. 15, 2017 House Floor Vote
March 7, 2017 House Hearing
March 15, 2017 House Exec Session
March 23, 2017 House Floor Vote
April 11, 2017 Senate Hearing
April 20, 2017 Senate Floor Vote
May 11, 2017 Senate Floor Vote
May 11, 2017 Senate Floor Vote
May 18, 2017 Senate Floor Vote
May 18, 2017 Senate Floor Vote
May 31, 2017 Senate Floor Vote

Bill Text Revisions

HB652 Revision: 683 Date: June 29, 2017, 2:38 p.m.
HB652 Revision: 684 Date: June 2, 2017, 1:11 p.m.
HB652 Revision: 685 Date: April 4, 2017, 8:33 a.m.
HB652 Revision: 686 Date: March 24, 2017, 1:56 p.m.
HB652 Revision: 687 Date: Feb. 1, 2017, 8:49 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and referred to State-Federal Relations and Veterans Affairs HJ 3 P. 23
Feb. 1, 2017 Public Hearing: 02/01/2017 11:00 AM LOB 206
Feb. 8, 2017 Executive Session: 02/08/2017 10:00 AM LOB 206
Feb. 15, 2017 Committee Report: Ought to Pass with Amendment # 2017-0341h for 02/15/2017 (Vote 18-0; RC) HC 11 P. 22
Feb. 15, 2017 Amendment # 2017-0341h: AA VV 02/15/2017 HJ 7 P. 47
Feb. 15, 2017 Ought to Pass with Amendment 0341h: MA VV 02/15/2017 HJ 7 P. 47
Feb. 15, 2017 Referred to Judiciary 02/15/2017 HJ 7 P. 47
March 7, 2017 Public Hearing: 03/07/2017 10:30 AM LOB 208
March 15, 2017 Executive Session: 03/15/2017 10:00 AM LOB 208
March 23, 2017 Committee Report: Ought to Pass with Amendment # 2017-0868h (NT) for 03/23/2017 (Vote 12-2; RC) HC 16 P. 6
March 23, 2017 Amendment # 2017-0868h: AA VV 03/23/2017 HJ 11 P. 18
March 23, 2017 Ought to Pass with Amendment 0868h: MA VV 03/23/2017 HJ 11 P. 18
March 23, 2017 Introduced 03/23/2017 and Referred to Judiciary; SJ 11
April 11, 2017 Hearing: 04/11/2017, Room 100, SH, 09:00 am; SC 18
April 20, 2017 Committee Report: Ought to Pass, 04/20/2017; Vote 5-0; CC; SC 19
April 20, 2017 Ought to Pass: MA, VV; Refer to Finance Rule 4-5; 04/20/2017; SJ 14
May 11, 2017 Committee Report: Ought to Pass, 05/11/2017; SC 22
May 11, 2017 Special Order HB 652 to the next session, Without Objection, MA; 05/11/2017; SJ 16
May 18, 2017 Committee Report: Ought to Pass, 05/18/2017; SC 23
May 18, 2017 Special Order HB 652-FN to the next session, Without Objection, MA; 05/18/2017; SJ 17
May 31, 2017 Committee Report: Ought to Pass, 05/31/2017; SC 25
May 31, 2017 Ought to Pass: MA, VV; OT3rdg; 05/31/2017; SJ 18
June 8, 2017 Enrolled (In recess 06/08/2017); SJ 20
June 8, 2017 Enrolled 06/08/2017 HJ 18 P. 9
June 28, 2017 Signed by Governor Sununu 06/28/2017; Chapter 169; eff 01/01/18