Revision: Feb. 5, 2024, 2:55 p.m.
Rep. Lynn, Rock. 17
January 30, 2024
2024-0334h
11/06
Amendment to HB 1589-FN
Amend RSA 490-I:1, I as inserted by section 1 of the bill by replacing it with the following:
I. At least one veterans court shall be established in one circuit court and superior court in each county or district. In the court’s discretion, in counties or districts where participation may be low, or where other administrative considerations may exist, a veterans court may be a track of an existing mental health court, may be combined across different counties or districts, may utilize a virtual docket, or may employ such other flexible measures as the court may determine appropriate in order to effectuate the objectives of this statute. The veterans court shall adjudicate, depending on jurisdiction, misdemeanor and felony cases and monitor treatment of veterans and active duty military members with mental illnesses, substance abuse issues, housing instability or homelessness, job instability or unemployment, or a combination of the aforementioned, in an effort to help veterans avoid behavior that would otherwise result in criminal conduct. The chief justice of the superior court and the administrative judge of the circuit court may issue administrative orders regarding veterans courts over which they have administrative authority.
Amend RSA 490:I:1, V as inserted by section 1 of the bill by replacing it with the following:
V. There is established the veterans court coordinator position under the supervision of the treatment courts coordinator within the administrative office of the courts. The coordinator shall, as appropriate, consult with the chief justice of the superior court or their designee, the administrative judge of the circuit court or their designee, an attorney representative of the state's county attorneys, an attorney representative of the New Hampshire public defender, an attorney representative of the attorney general's office, and the veteran's justice outreach coordinator or the equivalent who is or was already involved with a New Hampshire veteran's behavioral health track program, to determine how best to design, implement and administer all aspects of veterans courts, taking into account the specific treatment needs of veterans, sharable resources and reproducible designs of existing treatment courts, and the desired outcomes of a treatment court of this nature.
Amend RSA 490:I-2 as inserted by section 1 of the bill by replacing it with the following:
490-I:2 Definitions. In this subdivision:
I. “Guidelines” means, if available, research-based, specific, practitioner-focused veterans court guidance published by the U.S. Department of Veterans Affairs, Substance Abuse and Mental Health Services Administration, National Association of Drug Court Professionals, and other relevant state and federal agencies and organizations.
II. "Coordinator" means the veterans court coordinator or designee within the administrative office of the courts.
III. "Veteran" mean:
(a) A current or former member of the active or reserve components of the United States Army, United States Navy, United States Air Force, United States Marine Corps, United States Space Force, or United States Coast Guard;
(b) A current or former member of the New Hampshire National Guard;
(c) A current or former contractor for the United States Department of Defense who served in a theater of armed conflict; or
(d) A current or former military member of a foreign allied country.
IV. "Veterans court" means a veterans treatment court where any veteran, as defined in paragraph III of this section, may be enrolled, should they meet the criteria for admission.
V. Military sexual trauma (MST) means sexual assault or sexual harassment experienced during military service.
Amend RSA 490-I:3 as inserted by section 1 of the bill by replacing it with the following:
490-I:3 Eligibility.
A veteran may be eligible for veterans court if he or she has experienced military sexual trauma or has a service-related mental condition, service-related traumatic brain injury, service-related substance use disorder, or service-related psychological disorder.
Amend RSA 490-I:4 as inserted by section 1 of the bill by replacing it with the following:
490-I:4 Grant Program Created.
I. There is established a statewide veteran court grant program which shall provide state matching funds as appropriated to support veteran courts in state superior court and circuit court districts as established herein.
II. The veterans court coordinator or designee shall be responsible for developing an application process by which counties may apply for a state grant for any operational aspect of a veterans court. Subject to approval of the chief justice of the supreme court or designee, the coordinator shall:
(a) Determine approval requirements of the New Hampshire veterans court checklists. Prior to accepting applications for grants, the approval checklists shall be posted on the judicial branch website. The checklists shall be updated on the website as revisions are made.
(b) Establish and periodically update guidelines for operating veteran courts.
(c) Develop draft policies and procedures including a participant handbook, program outline, and implementation plan.
(d) Measure recidivism rates and other outcome measures.
(e) Evaluate compliance with relevant standards.
(f) Assist in creating veteran courts in counties seeking to implement or continue them.
(g) Assist counties in obtaining ongoing training.
Amend RSA 490-I:5 as inserted by section 1 of the bill by replacing it with the following:
490-I:5 Eligibility for Grants.
I. For the purpose of grants, each county shall be grouped into 3 categories: small, medium, and large, based on the number of court filings in each district and subject to annual review by the chief justice of the superior court and administrative judge of the circuit court. Coos, Carroll, and Sullivan counties shall initially be categorized as small. Grafton, Belknap, and Cheshire counties shall initially be categorized as medium. The districts of Hillsborough county superior court north and Hillsborough county superior court south, and Strafford, Merrimack, and Rockingham counties shall initially be categorized as large. Subject to available state appropriations, large counties and districts shall each be eligible for a grant of up to $245,000 per year; medium counties shall each be eligible for a grant of up to $150,000 per year; and small counties shall each be eligible for a grant of up to $100,000 per year. Grants shall be awarded on a first-come, first-served basis, but shall not be retroactive. Counties may apply for grants during the year and grants may be prorated for a portion of the year for the number of months the grant will be in effect for that year. Grants shall not be prorated based on the amount of appropriation available. Any state veterans court grant program funds which are not expended by a county at the end of the county's fiscal year shall be returned to the judicial branch administrative office of the courts for deposit in the state general fund.
II. To be eligible for a state grant, a county operating a veterans court shall receive a recommendation for approval from the coordinator's office. Grants shall be paid by the administrative office of the courts following receipt of recommendations by the coordinator and final approval of the chief justice of the supreme court. The coordinator shall determine how often approval shall be required and shall recommend subsequent grants when the currently operating veterans court establishes compliance with the New Hampshire veterans court approval checklist as promulgated by the coordinator.
III. A county shall make a good faith effort to apply for federal funding to provide as match funds to supplement, but not supplant state funds, as and where required as a condition of those funds. A county need only apply once.
IV. A county seeking to implement a veterans court may obtain a state grant for veterans court establishment, administration and operation after satisfying the conditions in paragraph III.
V. To obtain a state grant, a county shall:
(a) Submit a budget for the total cost of the program to the coordinator for review;
(b) Obtain draft policies and procedures from the coordinator, including a participant handbook or program outline and implementation plan, which the county may amend and return to the coordinator for consideration and approval;
(c) Obtain and complete veterans court or veteran offender program training as approved by the coordinator; and
(d) Establish that the veterans court is cost effective.
(e) Based on the information provided in subparagraphs (a)-(d), the office shall recommend court programming for final approval of the chief justice of the supreme court.
V. The judicial branch administrative office of the courts is authorized to expend from appropriated sums the amounts necessary to fund the grants approved by the chief justice of the supreme court.