Revision: Nov. 13, 2017, 1:34 p.m.
HB 1678-FN - AS INTRODUCED
2018 SESSION
18-2678
08/04
HOUSE BILL 1678-FN
AN ACT reducing the penalty for certain first offense drug possession charges.
SPONSORS: Rep. Hynes, Hills. 21; Rep. Zaricki, Hills. 6
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill reduces the penalty for certain first offense drug possession charges.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2678
08/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT reducing the penalty for certain first offense drug possession charges.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 First Offense Drug Charges; Penalties RSA 318-B:26, II(a) is repealed and reenacted to read as follows:
(a) In the case of a controlled drug or its analog, the person shall be guilty of a misdemeanor, except that any person who commits any such violation after one or more prior offenses as defined in RSA 318-B:27 may be sentenced to a felony or misdemeanor at the discretion of the sentencing court.
2 Effective Date. This act shall take effect January 1, 2019.
18-2678
11/6/17
HB 1678-FN- FISCAL NOTE
AS INTRODUCED
AN ACT reducing the penalty for certain first offense drug possession charges.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
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METHODOLOGY:
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 entities impacted have provided the potential costs associated with these penalties below.
Judicial Branch | FY 2019 | FY 2020 |
Class B Misdemeanor | $50 | $51 |
Class A Misdemeanor | $72 | $73 |
Routine Criminal Felony Case | $457 | $462 |
Appeals | Varies | Varies |
It should be noted that average case cost estimates for FY 2019 and FY 2020 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. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. | ||
Department of Corrections |
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FY 2017 Average Cost of Incarcerating an Individual | $36,960 | $36,960 |
FY 2017 Annual Marginal Cost of a General Population Inmate | $4,555 | $4,555 |
FY 2017 Average Cost of Supervising an Individual on Parole/Probation | $557 | $557 |
NH Association of Counties |
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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. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department would likely absorb the cost within its existing budget. If the Department needs to prosecute significantly more cases or handle more appeals, then costs may increase by an indeterminable amount.
The Judicial Council indicates the average felony takes significantly longer to resolve than an average misdemeanor. However, because of the higher stakes involved, drug cases charged as misdemeanors would still require the Public Defender attorneys to invest substantial time. The Council assumes the misdemeanor drug cases would be litigated just as if they were felonies and the bill would not result in significant savings.
AGENCIES CONTACTED:
Judicial Branch, Departments of Corrections and Justice, Judicial Council and New Hampshire Association of Counties