Bill Text: NH HB1564 | 2018 | Regular Session | Amended
Bill Title: Relative to sexual assault of a victim who is incarcerated in a correctional institution by a person with supervisory or disciplinary authority over the victim.
Spectrum: Slight Partisan Bill (Democrat 9-5)
Status: (Passed) 2018-06-05 - Signed by Governor Sununu 06/04/2018; Chapter 159; Eff. 6/4/2018 [HB1564 Detail]
Download: New_Hampshire-2018-HB1564-Amended.html
HB 1564-FN - AS AMENDED BY THE SENATE
04/12/2018 1333s
2018 SESSION
18-2183
04/03
HOUSE BILL 1564-FN
AN ACT relative to sexual assault of a victim who is incarcerated in a correctional institution by a person with supervisory or disciplinary authority over the victim.
SPONSORS: Rep. Cushing, Rock. 21; Rep. Welch, Rock. 13; Rep. Pantelakos, Rock. 25; Rep. Shurtleff, Merr. 11; Rep. Hinch, Hills. 21; Rep. O'Leary, Hills. 13; Rep. Gargasz, Hills. 27; Rep. Keans, Straf. 23; Rep. Altschiller, Rock. 19; Sen. Carson, Dist 14; Sen. Lasky, Dist 13; Sen. Bradley, Dist 3; Sen. Woodburn, Dist 1; Sen. Hennessey, Dist 5
COMMITTEE: Criminal Justice and Public Safety
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AMENDED ANALYSIS
This bill amends the elements necessary for charging aggravated felonious sexual assault in cases where the victim is incarcerated in a correctional facility or is detained in any other setting in which the victim is not free to leave.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/12/2018 1333s 18-2183
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Aggravated Felonious Sexual Assault. Amend RSA 632-A:2, I(n)(1) to read as follows:
(1) When the actor has direct supervisory [or], disciplinary, or other authority authorized by law over, or direct responsibility for maintaining detention of, the victim by virtue of the victim being detained or incarcerated in a correctional institution, the secure psychiatric unit, [or] juvenile detention facility [where the actor is employed], or any other setting in which the victim is not free to leave; or
2 Effective Date. This act shall take effect upon its passage.
18-2183
11/6/17
HB 1564-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
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STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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COUNTY: |
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Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
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METHODOLOGY:
This bill contains a penalty 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 2019 | FY 2020 |
Complex Criminal Case | $891 | $916 |
Appeals | Varies | Varies |
It should be noted that average case cost estimates for FY 2019 and FY 2020 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. | ||
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 – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault) | $2,490/Case | $2,490/Case |
Assigned Counsel – Major Crimes (aggravated felonious sexual assault, felonious sexual assault and first degree assault) | $100/Hour up to $8,000
| $100/Hour up to $8,000
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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 2017 Average Cost of Incarcerating an Individual | $36,960 | $36,960 |
FY 2017 Annual Marginal Cost of a General Population Inmate | $4,555 | $4,555 |
FY 2017 Average Cost of Supervising an Individual on Parole/Probation | $557 | $557 |
NH Association of Counties |
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County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |
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:
Judicial Branch, Departments of Corrections and Justice, Judicial Council and New Hampshire Association of Counties
