Bill Text - HB652 (2017)

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


Revision: Feb. 1, 2017, 8:49 a.m.

HB 652-FN - AS INTRODUCED

 

 

2017 SESSION

17-0618

05/10

 

HOUSE BILL 652-FN

 

AN ACT establishing a veterans track within the court system and relative to the inclusion of veterans benefits in the calculation of gross income for purposes of determining child support.

 

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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ANALYSIS

 

This bill permits courts to establish veterans tracks for veterans and members of the military who come into contact with the criminal justice system.  

 

The bill also provides that gross income for purposes of calculating child support may include veterans benefits to the extent permitted by federal law and to the extent such benefits are intended to support not only the veteran but also the veteran's family.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

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 the inclusion of veterans benefits in the calculation of gross income for purposes of determining child support.

 

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

 

1  Statement of Purpose.

I.  The general court finds that:

(a)  With nearly 115,000 veterans, New Hampshire has the 8th highest per-capita veteran population in the country.  In addition to those who have served in the past, over 4,100 New Hampshire citizens currently serve in the New Hampshire National Guard or New Hampshire-based Reserves components, and over 1,100 more are in active duty.  

(b)  Veterans and active Reserve and National Guard service members have provided, or are currently providing, an invaluable service to our country.  In doing so, some may face challenges including, but not limited to, post-traumatic stress disorder, traumatic brain injury, depression, drug and alcohol dependency or addiction, and co-occurring mental illness and substance use disorder.

(c)  Due to circumstances related to military service, some veterans or active duty service members may come into contact with the criminal justice system and be charged with felony or misdemeanor offenses.  There is a critical need for the criminal justice system to recognize these veterans, provide accountability for their wrongdoing, provide for the safety of the public, and provide for the treatment of our veterans.  

II.  It is the intent of the general court to create veterans tracks within the judicial system to provide the flexibility needed to meet the specialized problems faced by these veteran and service member defendants.

III.  As a grateful state, we must continue to honor the military service of our men and women by providing them with an alternative to incarceration when feasible, and permitting them instead to obtain proper treatment for mental health and substance abuse problems  related to their military service.  

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

CHAPTER 490-I

VETERANS TRACK

490-I:1  Purpose; Policy and Goals.

I.  There is a critical need in this state to identify veterans and active duty service members within the criminal justice system, and to identify effective diversion or sentencing options when an offender has committed a crime that is associated with their military service.  All offenders must be held accountable for their actions.  However, a growing body of research demonstrates that traditional sentencing options may not be effective for an offender who is a veteran or has otherwise served in our military and has a mental illness and/or substance abuse issue.  Requiring that accountability and rehabilitative treatment, in addition to or in place of, conventional and expensive incarceration, will promote public safety, promote the welfare of the individuals involved, reduce the burden upon the public treasury, and benefit the common welfare of this state.  The goals of this chapter shall include:  

(a)  Respecting the service that our members of the military have provided this country;

(b)  Acknowledging the need to take care of veterans and active duty service members  during their service and after their service has terminated;

(c)  Enhancing community safety and quality of life for citizens;

(d)  Reducing recidivism;

(e)  Increasing the accountability of offenders;

(f)  Restoring offenders to productive, law-abiding, and taxpaying citizens;

(g)  Promoting effective interaction and use of resources among criminal justice and community agencies, including, but not limited to, effective treatment of mental illnesses;

(h)  Reducing the costs of incarceration; and

(i)  Improving the efficiency of the criminal justice system by promoting evidence-based diversion or sentencing for offenders.

II.  While working in a veterans track reshapes the traditional roles of judges and lawyers, ethical duties do not significantly differ from those in traditional courtrooms.  Veterans track judges and lawyers must adhere to the standards set forth in the Model Code of Judicial Conduct, the Model Rules of Professional Conduct, and the American Bar Association Standards of Criminal Justice.  The proper exercise of the role of judge or  lawyers in the veterans track need not conflict with the professional's ethical obligations and can enable judges and attorneys to fulfill the highest aspirations of their professional ethics while embarking on an innovative way to break the cycle of crime.  Veterans track judges and attorneys must remain continually cognizant of the due process rights guaranteed to all citizens and the state's substantial interest in maintaining effective and efficient judicial and penal systems.  

490-I:2  Implementation of Veterans Track.   

I.  Any superior or circuit court may establish one or more veterans tracks under which the courts monitor offenders 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 that incorporates the following 10 key veteran court components listed in subparagraph (b).  Some jurisdictions may choose to describe veterans tracks as veterans dockets, veterans behavioral health tracks, veterans courts, veterans treatment courts and/or veterans diversionary programs.  Regardless of terminology, all such veterans tracks shall comply with the 10 key veteran court components.

(b)  The 10 key veteran court components have been modified for New Hampshire from the Buffalo veterans treatment court and are provided below:

(1)  Veterans tracks integrate alcohol, drug treatment, and mental health services with justice system case processing.

(2)  Using a non-adversarial approach, prosecution and defense counsel promote public safety while protecting participants' due process rights.

(3)  Eligible participants are identified early and promptly placed in the veterans track.  

(4)  Veterans tracks provide access to a continuum of alcohol, drug, mental health and other related treatment and rehabilitation services.

(5)  Abstinence is monitored by frequent alcohol and other drug testing.

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

(7)  Ongoing judicial interaction with each veteran is essential.

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

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

(10)  Forging partnerships among veterans tracks, the Veterans Administration, public agencies, and community-based organizations generates local support and enhances 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 veterans track.  This may include, but is not limited to, withholding criminal charges or dismissal of charges.

IV.  A person sentenced by a veterans track may petition for annulment of the charges, arrest, conviction, and sentence that relate to such person's entry into the veterans track as follows:

(a)  In the case of misdemeanors, at least 6 months after successful completion of all programs and conditions imposed by the veterans track.

(b)  In the case of felonies, at least one year after successful completion of all programs and conditions imposed by the veterans track.

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

3  Child Support Guidelines; Definition of Gross Income; Veteran's Benefits.  Amend the introductory paragraph of RSA 458-C:2, IV to read as follows:

IV.  "Gross income'' means all income from any source, whether earned or unearned, including, but not limited to, wages, salary, commissions, tips, annuities, social security benefits, trust income, lottery or gambling winnings, interest, dividends, investment income, net rental income, self-employment income, alimony, business profits, pensions, bonuses, and payments from other government programs (except public assistance programs, including aid to families with dependent children, aid to the permanently and totally disabled, supplemental security income, food stamps, and general assistance received from a county or town), including, but not limited to, workers' compensation, veterans' benefits to the extent permitted by federal law and to the extent such benefits are intended to support not only the veteran but also the veteran's family, unemployment benefits, and disability benefits; provided, however, that no income earned at an hourly rate for hours worked, on an occasional or seasonal basis, in excess of 40 hours in any week shall be considered as income for the purpose of determining gross income; and provided further that such hourly rate income is earned for actual overtime labor performed by an employee who earns wages at an hourly rate in a trade or industry which traditionally or commonly pays overtime wages, thus excluding professionals, business owners, business partners, self-employed individuals and others who may exercise sufficient control over their income so as to recharacterize payment to themselves to include overtime wages in addition to a salary.  In addition, the following shall apply:

4  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

17-0618

Revised 1/31/17

 

HB 652-FN- FISCAL NOTE

as introduced

 

AN ACT establishing a veterans track within the court system and relative to the inclusion of veterans benefits in the calculation of gross income for purposes of determining child support.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable

Indeterminable

Indeterminable

Indeterminable

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

 

 

 

 

The Judicial Branch was originally contacted on January 6, 2017.  The Judicial Branch was contacted again on January 18, 2017 for a fiscal note worksheet, which the Branch has not provided as of January 30, 2017.  

 

METHODOLOGY:

The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Judicial Branch.  When completed, a revised fiscal note will be forwarded to the House Clerk's Office.

 

This bill modifies state law used to calculate gross income used for the purposes of calculating child support.  This bill allows superior and circuit courts to establish one or more veterans tracks under which offenders with mental illnesses, substance abuse issues, or both are monitored for compliance.  

 

The Department of Health and Human Services states this bill amends the definition of gross income under the NH Child Support Guidelines, RSA 458-C:2, as to veterans benefits by limiting the inclusion of veteran's benefits to the extent permitted by federal law and to the extent such benefits are intended to support not only the veteran but also the veteran's family.  It is unclear to what extent this limits the inclusion of various veterans' benefits in support guidelines calculations but it may be reasonably assumed that limiting the definition to exclude some portions of veteran's benefits will result in a negative impact on the Department's ability to recover public assistance expenditures in cases where child support is assigned to the Department.  The Department assumes that decreased support in certain cases will result in more families seeking aid through state assistance programs.  However, the overall potential fiscal impact is indeterminable.  

 

The Department of Health and Human Services states the definition of gross income in this bill appears to conflict with 45 CFR 302.56(c)(1) requiring state child support guidelines take into consideration all earnings and income of the noncustodial parent.  If this bill results in state law being out of compliance with the federal mandate, the state may be subject to various federal sanctions that could include the total loss of federal funding of the child support program, loss of federal child support performance measures incentive funds, and loss of five percent of the State's TANF block grant.  

 

The Department of Corrections states a person sentenced by a veteran's track may petition for annulment of the charges, arrest, conviction, and sentence that relate to such person's entry into the veteran's track.  The person will be able to petition for annulment after successful completion of all programs and requirements; after six months for misdemeanors and after one year for felonies.  This bill may require a need to hire one or more probation parole officers to conduct annulment investigations.  One Probation Parole Officer II (LG 22, Group II) would cost approximately $93,000 in FY 2018, $96,000 in FY 2019, $100,000 in FY 2020, and $105,000 in FY 2021.  Additionally, the Department notes supervisory responsibilities may be impacted by hiring new staff.  Any responsibilities which may be added would likely require the hiring of additional staff or the absorption of additional responsibilities at current staffing levels which would affect the availability of personnel especially probation parole officers to address other responsibilities such as their existing caseloads.  

 

The Office of Veterans Services states this bill would result in an indeterminable increase in state expenditures and to the extent resources are redirected there could be an indeterminable impact on the Office of Veterans Services.  

 

The New Hampshire Association of Counties states this bill will have no impact on county expenditures or revenue.

 

AGENCIES CONTACTED:

Department of Health and Human Services, Judicial Branch, Office of Veterans Services, Department of Corrections, and New Hampshire Association of Counties