Revision: May 5, 2022, 3:41 p.m.
SB 303-FN - VERSION ADOPTED BY BOTH BODIES
02/24/2022 0790s
03/31/2022 1264s
2022 SESSION
22-3035
04/05
SENATE BILL 303-FN
AN ACT relative to the reimbursement of sheriffs offices for prisoner custody and control.
SPONSORS: Sen. Hennessey, Dist 1; Sen. Whitley, Dist 15; Sen. Bradley, Dist 3; Sen. French, Dist 7; Sen. D'Allesandro, Dist 20; Rep. Trottier, Belk. 6
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill requires the judicial branch to reimburse the sheriff's office at the rate provided in the collective bargaining agreement applicable to per diem court security officers for court security and prisoner custody and control.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/24/2022 0790s
03/31/2022 1264s 22-3035
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to the reimbursement of sheriffs offices for prisoner custody and control.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Sheriffs and Constables; Fees of Sheriffs and Deputy Sheriffs. Amend RSA 104:31, XI-XII to read as follows:
XI. The judicial branch shall reimburse the sheriff's office [for court security], within available funds appropriated by the legislature, [$80 for each full day and $40 for each half day, plus traveling expenses to attend any official business] at the rates provided in the collective bargaining agreement applicable to per diem court security officers employed by the judicial branch for court security, to attend any official business, or for any person employed as a bailiff by the sheriff's office. For the purpose of this paragraph, a half day shall be defined as a day in which a bailiff works 4 hours or less. The judicial branch shall reimburse the counties, within available funds appropriated by the legislature, for all costs associated with employing court bailiffs, if those costs are the result of job requirements imposed by federal and state governments.
XII. The judicial branch shall reimburse the sheriff's office [for prisoner custody and control], within available funds appropriated by the legislature, [$65 for each full day and $35 for each half day, plus traveling expenses to attend any official business] at the rates provided in the collective bargaining agreement applicable to per diem court security officers employed by the judicial branch, for any person employed as a sheriff for prisoner custody and control. For the purpose of this paragraph, a half day shall be defined as a day in which a sheriff works 4 hours or less. The judicial branch shall reimburse the counties, within available funds appropriated by the legislature, for all costs associated with employing sheriffs, if those costs are the result of job requirements imposed by federal and state governments. Billing for reimbursement of costs associated with video arraignments shall not be allowed under this paragraph. Custody and control of prisoners for the purpose of video arraignments shall be the responsibility of the county in which the video arraignment occurs, and such custody and control may be exercised by county correctional officers.
2 Effective Date. This act shall take effect 60 days after its passage.
22-3035
Amended 4/5/22
SB 303-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2022-1264s)
AN ACT relative to the reimbursement of sheriffs offices for prisoner custody and control..
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - Turnpike Fund | |||
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METHODOLOGY:
This bill requires the judicial branch to reimburse the sheriff's office at the rate provided in the collective bargaining agreement applicable to per diem court security officers for court security and prisoner custody and control.
The Judicial Branch indicates in the 2021 legislative session, the obligation to pay sheriffs for prisoner custody and control shifted from the Department of Administrative Services to the Judicial Branch. Under current law (Chapter 91, Laws of 2021- HB2), sheriff reimbursement for court security is currently at the collective bargaining agreement rate, so the proposed amendment to RSA 104:31, XI would not impact payments for court security. With regard to prisoner custody and control, current law does not provide for reimbursement at the collective bargaining rate, so those changes would have a fiscal impact. While the fiscal impact is indeterminate, an estimate can be made based on historical numbers. Based on the current spending projection for FY 2022, the Branch estimates the bill would increase general fund expenditures by $433,000 per fiscal year. In order to account for the uncertainty in the number of transports, the Judicial Branch included an additional 10% uncertainty factor in this estimate. In addition, the estimate does not account for future changes to the collective bargaining agreement, which would likely result in a higher estimate.
It is assumed that any fiscal impact would occur after FY 2022.
AGENCIES CONTACTED:
Judicial Branch