Revision: April 3, 2020, 9:38 a.m.
HB 1462-FN - AS AMENDED BY THE HOUSE
11Mar2020... 0895h
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
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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.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11Mar2020... 0895h 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 purpose involves the direct care, instruction [or], guidance [of], or repeat interaction with 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) 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] which purpose involves the direct care, instruction, [or], guidance [of], or repeat interaction with a minor [children, including, but not limited to, the types of services set forth in paragraph I].
(b) A public or private employer shall, either verbally or in writing, advise an applicant for an employment or volunteer position that the position applied for may involve contact with minors which may be prohibited under this section if the applicant was convicted in this or any other jurisdiction of any of the offenses specified in paragraph I of this section.
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.
20-2465
Amended 3/27/20
HB 1462-FN- FISCAL NOTE
AS AMENDED BY THE HOUSE (AMENDMENT #2020-0895h)
AN ACT relative to employment restrictions for registered sex offenders.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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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 | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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METHODOLOGY:
This bill contains a penalty 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 |
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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 |
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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 |
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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