Bill Text - SB376 (2022)

(New Title) relative to creating a board to review police incidents involving citizens affected by mental health issues.


Revision: April 8, 2022, 3:35 p.m.

SB 376-FN - AS INTRODUCED

 

 

2022 SESSION

22-2988

08/05

 

SENATE BILL 376-FN

 

AN ACT establishing a committee to study the creation of a board to study mental health incidents among law enforcement officers.

 

SPONSORS: Sen. Giuda, Dist 2; Sen. Rosenwald, Dist 13; Sen. Hennessey, Dist 1; Sen. Birdsell, Dist 19; Sen. Carson, Dist 14; Sen. Gannon, Dist 23; Rep. M. Pearson, Rock. 34; Rep. Lang, Belk. 4; Rep. Lynn, Rock. 7; Rep. Gordon, Graf. 9

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill establishes a committee to study the creation of a board to study mental health incidents among law enforcement officers.  The bill also makes an appropriation to the police standards and training council for CIT training.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

22-2988

08/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Two

 

AN ACT establishing a committee to study the creation of a board to study mental health incidents among law enforcement officers.

 

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

 

1  Findings.

I.  The general court finds that the number of deadly force incidents involving individuals suffering from mental health disorders is increasing, consistent with the significant increase in mental illness among the general population.  The general court seeks to study establishing a committee or commission to review all incidents involving use deadly force, such committee to focus exclusively on comprehensive review of mental health aspects of all deadly force incidents, with all working papers, notes, deliberations, electronic records and correspondence, discussions, and information or work products developed by such committee to be absolutely exempt from discovery or disclosure for any reason, and prohibited from disclosure or use for discipline, prosecution, or civil litigation.

II.  The general court also finds, in the interest of protecting the well-being and safety of its citizens, that it is prudent to expand the number of crisis intervention training (CIT) qualified law enforcement officers throughout the state.  Each CIT trained officer shall serve as a local police department resource in situations where mental health is a factor in law enforcement interactions with member of the public.

2  Committee Established.  There is established a committee to study establishing a mental health incident review board for the purpose of performing a comprehensive analysis of all mental health aspects of incidents involving law enforcement use of deadly force, and such non-lethal special weapons and tactics (SWAT) engagements, including regional SWAT teams, as the mental health incident review board may choose to review.

3  Membership and Compensation.

I.  The members of the committee shall be as follows:

(a)  Two members of the senate, appointed by the president of the senate.

(b)  Three members of the house of representatives, appointed by the speaker of the house of representatives, one of whom shall be a member of the criminal justice and public safety committee, one of whom shall be a member of the health, human services and elderly affairs committee, and one of whom shall be a member of the judiciary committee.

II.  Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.

4  Duties.  

I.  The committee shall study establishing a mental health incident review board for the purpose of performing a comprehensive analysis of all mental health aspects of incidents involving law enforcement use of deadly force, and such non-lethal SWAT engagements, including regional SWAT teams, as the mental health incident review board may choose to review.

II.  The committee shall solicit testimony from the following:

(a)  The commissioner of department of health and human services.

(b)  The commissioner of the department of safety.

(c)  One representative from the department of health and human services responsible for establishing departmental policy regarding mental health crisis intervention, appointed by the commissioner of the department of health and human services.

(d)  One representative from the department of safety responsible for statewide oversight and review of SWAT engagements, appointed by the commissioner of the department of safety.

(e)  The director of New Hampshire police standards and training council.

(f)  The chief executive officer of the New Hampshire hospital, or designee.

(g)  The executive director of the New Hampshire Brain Injury Association.

(h)  The executive director of National Alliance for Mental Illness, New Hampshire chapter.

(i)  The president of the New Hampshire Association of Chiefs of Police, or designee.

(j)  The President of the New Hampshire Police Association, or designee.

(k)  A member of the New Hampshire Tactical Officers Association, appointed by the president of such association.

5  Chairperson; Quorum.  The members of the study committee shall elect a chairperson from among the members.  The first meeting of the committee shall be called by the first-named senate member.  The first meeting of the committee shall be held by August 1, 2022.  Three members of the committee shall constitute a quorum.

6  Report.  The committee shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2022.

7  Appropriation.  The sum of $3,950,000 for the fiscal year ending June 30, 2022 is hereby appropriated to the police standards and training council to compensate local police departments for regular and overtime pay for officers filling in for the officer in CIT training, for officer transportation, lodging and meal expenses during CIT training, and for travel and meal expenses for CIT instructors.  The appropriation shall be in addition to any other funds appropriated to the police standards and training council.  Applications, scheduling, and reimbursement of local police departments and sheriff offices shall be managed by NAMI-NH, which shall coordinate officer training with individual departments throughout the state.  Departments with one or more previously CIT trained officers shall not be eligible for this CIT training program.  The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

8  Effective Date.  This act shall take effect upon its passage.

 

LBA

22-2988

Amended 4/8/22

 

SB 376-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENTS #2022-1203s and #2022-1302s)

 

AN ACT relative to creating a board to review police incidents involving citizens affected by mental health issues.

 

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

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2022

FY 2023

FY 2024

FY 2025

   Appropriation

$0

$1,100,000

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

$0

$1,140,000

$0

$0

Funding Source:

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

 

 

 

 

 

COUNTY:

 

 

 

 

   Revenue

$0

Indeterminable Increase

(when combined with local revenue not to exceed $1.1M)

$0

$0

   Expenditures

$0

$0

$0

$0

 

 

 

 

 

LOCAL:

 

 

 

 

   Revenue

$0

Indeterminable Increase

(when combined with county revenue not to exceed $1.1M)

$0

$0

   Expenditures

$0

$0

$0

$0

 

METHODOLOGY:

In addition to establishing a committee to study the creation of a board to study mental health incidents among law enforcement officers, this bill appropriates $1,100,000 of general funds in FY 2023 to the Police Standards and Training Council to compensate law enforcement agencies for regular and overtime pay for officers filling in for the officer in crisis intervention training (CIT), for officer transportation, lodging and meal expenses during CIT training, and for travel and meal expenses for CIT instructors. The Police Standards and Training Council has provided the following information:

 

  • It is unlikely to have available space at its current location to hold much of this training, due to current ongoing lack of classroom space at its facility.
  • It expects it would need to hire a part-time employee (program assistant III, labor grade 17), to assist in managing reimbursements, at an estimated total cost (salary, benefits, and other costs) of approximately $40,000 per year.
  • It cannot estimate at this time how many officers may be trained by this program.

 

It is assumed this program would be confined to FY 2023, as the appropriation would lapse June 30, 2023.

 

AGENCIES CONTACTED:

Police Standards and Training Council