SB 376-FN - AS AMENDED BY THE HOUSE

03/31/2022   1203s

03/31/2022   1302s

21Apr2022... 1614h

4May2022... 1728h

2022 SESSION

22-2988

08/05

SENATE BILL 376-FN

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

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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AMENDED ANALYSIS

This bill establishes a committee to study the creation of a board to review police incidents involving citizens affected by mental health issues.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/31/2022   1203s

03/31/2022   1302s

21Apr2022... 1614h

4May2022... 1728h 22-2988

08/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Two

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

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 all 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.  The committee shall consider establishing the mental health incident review board under the auspices of a law enforcement conduct review committee similar to that established in HB 1682 of the 2022 regular legislative session.

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.

(l)  The president of the New Hampshire Sheriff's Association, or designee.

(m)  A member of the New Hampshire American Civil Liberties Union, appointed by that organization.

(n)  The president of the New Hampshire Trooper's Association, or designee.

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 $1,100,000 for the fiscal year ending June 30, 2023 is hereby appropriated to the police standards and training council to support CIT training.  Such funds shall be used to reimburse agencies for any overtime or backfill costs associated with the attendance of one officer who attends and successfully completes a police standards and training council recognized CIT training offered within the state, for any costs associated with the transportation, lodging, and meal expenses incurred by the agency during such CIT training, for the costs associated with police standards and training council hiring any outside vendor to deliver the CIT training, and to provide for and compensate a part-time program administrator at police standards and training to manage this program.  The appropriation shall be in addition to any other funds appropriated to the police standards and training council and shall be nonlapsing.  Applications, scheduling, and reimbursement of local police departments and sheriff offices shall be managed by the police standards and training council, 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 funds allocated under this section.  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 4/22/22

SB 376-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2022-1614h)

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

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 $1,200,000 of general funds in FY 2023 (nonlapsing) to the Police Standards and Training Council for compensating 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, as well as for a part-time program administrator position. 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.

Since the appropriation in this bill is nonlapsing, and it cannot be predicted what the breakdown of county versus local law enforcement agencies may participate, this bill's impact on state expenditures, and county and local revenue in FY 2023 and each year thereafter, is indeterminable.

AGENCIES CONTACTED:

Police Standards and Training Council