HB1462 (2020) Detail

Relative to employment restrictions for registered sex offenders.


HB 1462-FN - AS INTRODUCED

 

 

2020 SESSION

20-2465

04/05

 

HOUSE BILL 1462-FN

 

AN ACT relative to employment restrictions for registered sex offenders.

 

SPONSORS: Rep. Verville, Rock. 2

 

COMMITTEE: Labor, Industrial and Rehabilitative Services

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill prohibits a person convicted of certain sexual assault offenses from hiring or otherwise engaging in any employment which provides access to a minor.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2465

04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to employment restrictions for registered sex offenders.

 

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

 

1  Sexual Assault and Related Offenses; Prohibition From Contact With a Minor.  Amend RSA 632-A:10 to read as follows:

632-A:10  Prohibition From [Child Care Service of Persons Convicted of Certain Offenses] Contact With Minors.

I.  A person is guilty of a class A felony if, having been convicted in this or any other jurisdiction of any felonious offense involving child sexual abuse images, or of a felonious physical assault on a minor, or of any sexual assault, he or she knowingly [undertakes] engages in any employment or volunteer service [involving the] which provides access to a minor or involves the direct care, instruction or guidance of a minor [children, including, but not limited to, service as a teacher, a coach, or worker of any type in child athletics, a day care worker, a boy or girl scout master or leader or worker, a summer camp counselor or worker of any type, a guidance counselor, or a school administrator of any type].

II.  A person is guilty of a class B felony if, having been convicted in this or any other jurisdiction of any of the offenses specified in paragraph I of this section, he or she knowingly fails to provide information of such conviction when applying or volunteering for service or engages in any employment [of any type] involving the direct care, instruction, or guidance of a minor [children, including, but not limited to, the types of services set forth in paragraph I].

III.  A person is guilty of a class B felony if, having been convicted in this or any other jurisdiction of any of the offenses specified in paragraph I of this section, he or she knowingly fails to provide information of such conviction when making application for initial teacher certification in this state.

2  Effective Date.  This act shall take effect January 1, 2021.

 

LBAO

20-2465

Redraft 10/17/19

 

HB 1462-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to employment restrictions for registered sex offenders.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

 

 

 

 

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 2021

FY 2022

Routine Criminal Felony Case

$484

$498

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2021 and FY 2022 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

$825/Case

$825/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 2019 Average Cost of Incarcerating an Individual

$44,400

$44,400

FY 2019 Annual Marginal Cost of a General Population Inmate

$5,071

$5,071

FY 2019 Average Cost of Supervising an Individual on Parole/Probation

$576

$576

NH Association of Counties

 

 

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

 

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.  

 

AGENCIES CONTACTED:

Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties

 

Links

HB1462 at GenCourtMobile
HB1462 Discussion

Action Dates

Date Body Type
Jan. 29, 2020 House Hearing
March 4, 2020 House Exec Session

Bill Text Revisions

HB1462 Revision: 7079 Date: Dec. 3, 2019, 10:01 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Labor, Industrial and Rehabilitative Services HJ 1 P. 23
Jan. 29, 2020 Public Hearing: 01/29/2020 01:00 pm LOB 307
Feb. 26, 2020 Subcommittee Work Session: 02/26/2020 10:00 am LOB 307
March 4, 2020 Executive Session: 03/04/2020 10:00 am LOB 307