Bill Text: NH HB702 | 2020 | Regular Session | Amended
Bill Title: Relative to requirements for supervised visitation centers.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2020-05-18 - Committee Report: Ought to Pass (Vote 17-3; Regular Calendar) House Calendar 23 P. 8 [HB702 Detail]
Download: New_Hampshire-2020-HB702-Amended.html
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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.
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
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| 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 |
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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 |
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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 |
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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 |
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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
