HB1595 (2020) Detail

Relative to the referral of minors convicted of alcohol and drug related offenses to the department of health and human services.


HB 1595-FN - AS INTRODUCED

 

 

2020 SESSION

20-2419

05/01

 

HOUSE BILL 1595-FN

 

AN ACT relative to the referral of minors convicted of alcohol and drug related offenses to the department of health and human services.

 

SPONSORS: Rep. Cannon, Straf. 18; Rep. Amanda Bouldin, Hills. 12; Rep. Gomarlo, Ches. 12; Rep. Tucker, Coos 5; Rep. Van Houten, Hills. 45; Rep. Cushing, Rock. 21; Rep. K. Murray, Rock. 24; Sen. Watters, Dist 4; Sen. Hennessey, Dist 5; Sen. Fuller Clark, Dist 21

 

COMMITTEE: Children and Family Law

 

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ANALYSIS

 

This bill provides that the court shall refer a minor with prior alcohol and drug-related convictions to the department of health and human services for a substance abuse evaluation and potential treatment through a voluntary services plan or a juvenile diversion program.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2419

05/01

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to the referral of minors convicted of alcohol and drug related offenses to the department of health and human services.

 

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

 

1  New Paragraph; Unlawful Possession and Intoxication; Referral of Minor for Evaluation.  Amend RSA 179:10 by inserting after paragraph II the following new paragraph:

III.  The court shall refer a minor with 3 or more prior convictions under this section to the department of health and human services for a mental health and substance abuse evaluation under RSA 169-B or RSA 169-C.  The evaluation may be completed as part of a voluntary services plan under RSA 169-D:5-c or a juvenile diversion program under RSA 169-B:10.  In appropriate cases, the minor may be placed in an inpatient substance abuse treatment facility pursuant to RSA 169-B:19, II-b or RSA 169-D:17, II-c.  The court shall refer the minor for evaluation and treatment under this section on at least 2 occasions before proceeding with additional charges under this section.

2  New Paragraph; Controlled Drug Act; Penalties; Referral of Minor for Evaluation.  Amend RSA 318-B:26 by inserting after paragraph XIII the following new paragraph:

XIV.  The court shall refer any minor with 3 or more prior convictions under this chapter for violation or misdemeanor B level offenses to the department of health and human services for a mental health and substance abuse evaluation under RSA 169-B or RSA 169-C.  The evaluation may be completed as part of a voluntary services plan under RSA 169-D:5-c or a juvenile diversion program under RSA 169-B:10.  In appropriate cases, the minor may be placed in an inpatient substance abuse treatment facility pursuant to RSA 169-B:19, II-b or RSA 169-D:17, II-c.  The court shall refer the minor for evaluation and treatment under this section on at least 2 occasions before proceeding with additional charges under this section.

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

 

LBAO

20-2419

12/3/19

 

HB 1595-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the referral of minors convicted of alcohol and drug related offenses to the department of health and human services.

 

FISCAL IMPACT:      [ X ] State              [ X ] County               [ X ] 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

Indeterminable

Indeterminable

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

$0

$0

$0

   Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

 

METHODOLOGY:

This bill requires the courts to refer any minor with three or more convictions under RSA 179:10 (unlawful possession and intoxication) or three or more convictions under RSA 318-B (the Controlled Drug Act) for mental health and substance abuse evaluation.  The evaluation may be completed as part of a voluntary services plan for children in need of services (CHINS) under RSA 169-D:5-c or as a juvenile diversion program under RSA 169-B:10.  The bill further states that in appropriate situations, the minor may be placed in an inpatient substance abuse treatment facility.  Finally, the bill requires the courts to refer each minor for evaluation and treatment at least twice before proceeding with additional charges under the relevant section.

 

The Department of Health and Human Services states that since the bill neither creates new services nor specifies the types of evaluations required, it is assumed that any referrals will be for currently available services under the existing CHINS and/or juvenile diversion programs.  Both programs received funding in the FY 2020/21 operating budget, the latter via an appropriation for the purpose of encouraging cities, towns, and non-governmental organizations to establish and maintain court-ordered juvenile diversion programs.  To the extent that the bill may increase costs, it will do so in the form of increased utilization of existing services.  The Department is unable to estimate the extent of any such increase.  With respect to placements in an inpatient substance abuse treatment facility, the Department assumes that any such placements will be voluntary in nature rather than ordered by the courts.

 

It is assumed this bill will not take effect until FY 2021.

 

AGENCIES CONTACTED:

Department of Health and Human Services

 

Links

HB1595 at GenCourtMobile
HB1595 Discussion

Action Dates

Date Body Type
March 3, 2020 House Hearing
March 3, 2020 House Exec Session

Bill Text Revisions

HB1595 Revision: 7242 Date: Dec. 4, 2019, 12:55 p.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Children and Family Law HJ 1 P. 28
March 3, 2020 Public Hearing: 03/03/2020 01:05 pm LOB 206
March 3, 2020 Executive Session: 03/03/2020 03:00 pm LOB 206
March 11, 2020 Committee Report: Refer for Interim Study for 03/11/2020 (Vote 19-0; CC) HC 10 P. 3
Committee Report: Refer for Interim Study (Vote 19-0; CC)
March 11, 2020 Refer for Interim Study: MA VV 03/11/2020