HB702 (2020) Detail

(New Title) relative to requirements for supervised visitation centers.


HB 702-FN - AS AMENDED BY THE HOUSE

 

8Jan2020... 2813h

2019 SESSION

19-0597

10/03

 

HOUSE BILL 702-FN

 

AN ACT relative to requirements for supervised visitation centers.

 

SPONSORS: Rep. Plumer, Belk. 6; Rep. Viens, Belk. 1

 

COMMITTEE: Children and Family Law

 

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AMENDED ANALYSIS

 

This bill requires supervised visitation centers to comply with certain guiding principles of safe havens.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

8Jan2020... 2813h 19-0597

10/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT relative to requirements for supervised visitation centers.

 

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

 

1  New Subdivision; Supervised Visitation Centers.  Amend RSA 170-G by inserting after section 21 the following new subdivision:

Supervised Visitation Centers

170-G:22  Supervised Visitation Centers.  A supervised visitation center shall insure adherence to the Guiding Principals of Safe Havens; Supervised Visitations and Safe Exchange Grant Program developed by the United States Department of Justice Office on Violence Against Women.  No state, county, or municipal agency or any other political subdivision shall purchase from or otherwise provide financial support to supervised visitation centers unless the supervised visitation center demonstrates compliance with such guiding principles of safe havens.

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

 

LBAO

19-0597

1/17/19

 

HB 702-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to licensing of supervised visitation centers.

 

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

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [ X ] Other - Criminal Records Fund, License Fees

 

METHODOLOGY:

This bill inserts a new chapter after RSA 170-H and establishes a process for the Department of Health and Human Services to license and adopt rules regulating supervised visitation centers.


The Department of Health and Human Services does not currently license the approximately five supervised visitation centers operating within the State.  It notes the bill directs the Department to establish license fees through rules to cover the costs of operating the licensure program, but fee revenue would likely be insufficient to cover total operating expenditures.  The Department anticipates it will require one full-time Administrator I position at labor grade 27 to establish the program, promulgate rules, provide assistance to applicants, and perform required monitoring and compliance specified in the bill.  The Department estimates the following costs attributed with the new position starting on January 1, 2020 including a one-time expenditure for equipment in FY 2020.

Administrator I

(start date 01/01/20)

FY 2020

FY 2021

FY 2022

FY 2023

Salary

$28,000

$57,000

$60,000

$62,000

Benefits

$25,000

$32,000

$33,000

$35,000

Other

$7,000

$5,000

$5,000

$5,000

Total Position Cost

$60,000

$94,000

$98,000

$102,000

 

The bill requires a criminal record check be completed for all applicants.  The Department of Safety states there would be an indeterminable fiscal impact to State revenue and expenditures to the extent supervised visitation centers apply for licensing.

 

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 2020

FY 2021

Class B Misdemeanor

$53

$54

Class A Misdemeanor

$76

$77

Simple Criminal Case

$296

$301

Routine Criminal Felony Case

$481

$486

Appeals

Varies

Varies

 

 

 

It should be noted that average case cost estimates for FY 2020 and FY 2021 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.

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

Contract Attorney – Misdemeanor

$300/Case

$300/Case

Assigned Counsel – Felony

$60/Hour up to $4,100

$60/Hour up to $4,100

Assigned Counsel – Misdemeanor

$60/Hour up to $1,400

$60/Hour up to $1,400

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 2018 Average Cost of Incarcerating an Individual

$40,615

$40,615

FY 2018 Annual Marginal Cost of a General Population Inmate

$4,620

$4,620

FY 2018 Average Cost of Supervising an Individual on Parole/Probation

$571

$571

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:

 

Departments of Health and Human Services, Safety, Corrections, and Justice, Judicial Branch, Judicial Council, and New Hampshire Association of Counties

 

Links

HB702 at GenCourtMobile
HB702 Discussion

Action Dates

Date Body Type
Jan. 29, 2019 House Hearing
Feb. 19, 2019 House Exec Session
Oct. 29, 2019 House Exec Session
House Floor Vote

Bill Text Revisions

HB702 Revision: 7882 Date: Jan. 8, 2020, 2:17 p.m.
HB702 Revision: 7483 Date: Jan. 17, 2019, 2:50 p.m.

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Children and Family Law HJ 3 P. 27
Jan. 29, 2019 Public Hearing: 01/29/2019 01:30 pm LOB 206
Feb. 19, 2019 Executive Session: 02/19/2019 01:00 pm LOB 206
Retained in Committee
Oct. 15, 2019 Subcommittee Work Session: 10/15/2019 10:00 am LOB 205
Oct. 29, 2019 Executive Session: 10/29/2019 10:00 am LOB 206
Majority Committee Report: Ought to Pass with Amendment # 2019-2813h (NT) (Vote 11-2; RC) HC 50 P. 17
Minority Committee Report: Inexpedient to Legislate
Jan. 8, 2020 Amendment # 2019-2813h (NT): AA VV 01/08/2020 HJ 1 P. 61
Jan. 8, 2020 Ought to Pass with Amendment 2019-2813h (NT): MA VV 01/08/2020 HJ 1 P. 61
Jan. 8, 2020 Referred to Executive Departments and Administration 01/08/2020 HJ 1 P. 61
Feb. 5, 2020 Full Committee Work Session: 02/05/2020 01:00 pm LOB 306