Bill Text: NH SB458 | 2022 | Regular Session | Amended
Bill Title: Relative to the Sununu youth services center and operation of a replacement secure facility.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Engrossed - Dead) 2022-06-08 - Conference Committee Report: Not Filed [SB458 Detail]
Download: New_Hampshire-2022-SB458-Amended.html
SB 458-FN - AS AMENDED BY THE HOUSE
03/17/2022 1057s
03/31/2022 1266s
03/31/2022 1272s
21Apr2022... 1470h
2022 SESSION
22-3127
07/10
SENATE BILL 458-FN
AN ACT relative to the Sununu youth services center and operation of a replacement secure facility.
SPONSORS: Sen. Daniels, Dist 11; Rep. Rice, Hills. 37
COMMITTEE: Health and Human Services
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ANALYSIS
This bill closes and dispenses of the control of the facility known as the Sununu youth services center, as well as sets out parameters for the contract for a replacement facility.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/17/2022 1057s
03/31/2022 1266s
03/31/2022 1272s
21Apr2022... 1470h 22-3127
07/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Two
AN ACT relative to the Sununu youth services center and operation of a replacement secure facility.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Findings. The general court finds that:
I. Placement in corrections settings can be harmful to children and lead to increased delinquency and adult criminal behavior. It should therefore be reserved for those circumstances in which the safety of a child or of the community requires such confinement.
II. Placement of children who are not serious violent offenders in settings other than the Sununu Youth Services Center (SYSC) complies with The Families First Act, P.L. 115-123, and the New Hampshire system of care established pursuant to 2019; 44 (SB 14), which prioritize community-based treatment of children.
III. This act is in furtherance of these goals.
2 Department of Health and Human Services; Sununu Youth Services Center; Construction and Operation of a Replacement Secure Facility.
I. The department of health and human services shall be responsible to construct a secured treatment facility that is no more than 6 beds to replace the current Sununu youth services center (SYSC). The department shall consult with any prospective community about the location and operation of any new 6 bed facility. The facility shall be operated by the department of health and human services. The facility shall be designed to meet the unique needs of youth who are at the facility pursuant to RSA 169-B:14, detention; RSA 169-B:19, commitment; RSA 169-B:24, transfer to superior court; RSA 169-B:32 or RSA 651:17-a, service of adult sentence of incarceration at the youth development center; and RSA 169-A, the interstate compact on juveniles. Upon opening, the facility shall be referred to as the youth development center as identified in RSA 169-B and RSA 621. The facility shall have the capacity for alternative flexible use when the census so permits.
II. The department of health and human services, in collaboration with the department of administrative services, shall issue a request to procure a qualified design build architect on or before August 1, 2022, and shall collaborate to select an architect, procure the resulting construction project, and complete the project on or before June 30, 2024. The SYSC shall be closed for incarceration, detention, or admission of any child upon the opening of the facility.
III. The facility shall be designed to include:
(a) A physical design that complements therapeutic and trauma-informed care of youth, including a home-like interior and exterior.
(b) Designed to maximize staff visibility and proximity to youth, including administrative offices built within the secured facility in proximity to youth and staff.
(c) Capacity to provide services to meet the medical, physical, and behavioral health needs of all potentially eligible youth.
(d) Space for no more than 6 beds, including space with flexibility to meet the needs of all genders, safety and security, crisis stabilization, admissions, and discharges.
(e) Adequate space to meet the educational needs of all youth including youth with special education needs.
(f) Adequate space for indoor and outdoor recreation.
(g) Capacity to meet the nutritional needs of all youth.
(h) Necessary elements to be architecturally secure and equipped with video surveillance.
IV. The facility programing and operations shall include:
(a) Staff qualifications, standard job descriptions, and training that emphasize the treatment of youth with behavioral health challenges and considerable trauma histories applicable to the facility as well as for supporting youth in the community for flexible assignments based upon census changes.
(b) Use of evidence-based practices, as defined in RSA 170-G:1, V-a, selected to match the needs of the population served at the facility.
(c) Utilization of the uniform assessment, as specified in RSA 170-G:4-e, for all detained and committed youth to understand treatment needs and determine if a different level of care is indicated to meet the youth’s needs, and where problem behavior appears patterned, a functional behavior analysis to inform effective behavior interventions.
(d) Provision of care management services by a care management entity, as established in RSA 135-F:4, to begin immediate wraparound support upon admission to plan for discharge.
(e) Frequent visitation opportunities with family, opportunities to include family in activities and daily access to family through telephonic or video conferencing.
(f) Educational programing and staffing that meets the individualized educational needs of youth, including youth with special education needs, creates meaningful educator-youth pairings, maintains connections with sending school districts, and which includes availability of Hi-SET preparation and testing as appropriate.
(g) Integration of clinical sessions and recreational large muscle movement activities throughout the day.
(h) Real-time access by the office of the child advocate, as established in RSA 21-V:4, II, to the electronic case management system used by the facility, regular access to youth placed in the facility under RSA 21-V:4, III, and video surveillance and general access to the facility pursuant to RSA 21-V:2, VII.
V. The department of health and human services shall begin to implement the programming shifts in subparagraphs IV(a) through (h) immediately upon the effective date of this act, to be implemented while children remain at the SYSC by March 1, 2023.
VI. The department of health and human services shall submit quarterly progress reports to the joint legislative committee on health and human services, established by RSA 126-A:13, and to the office of the child advocate established under RSA 21-V beginning on or before August 1, 2022 until such time as the facility is operational. Each quarterly report shall include a statement indicating whether the reported progress is sufficient to meet the June 30, 2024 deadline for the opening of the facility. In the event that sufficient progress to meet this deadline has not been made, the progress report shall include the reasons for any projected delay in meeting the June 30, 2024 deadline, a description of the efforts being undertaken to minimize any delay in the development and opening of the facility and projected completion date. In addition, the quarterly progress reports shall include the following information:
(a) Progress towards retaining an architectural consultant to design the plan for the facility;
(b) Progress towards completion of the design for the facility;
(c) Progress towards contracting with the company that will construct the replacement facility;
(d) The anticipated date construction of the replacement facility will be completed; and
(e) The anticipated date by which the replacement facility will be operational.
VII. The governor, with the approval of the fiscal committee of the general court, may delay the June 30, 2024 project completion date under paragraph II for construction delays or other unforeseen circumstances provided any such delay be no more than 2 years.
3 Possession and Disposal of Sununu Youth Services Center (SYSC). As of the date of the opening of the youth development center set forth in section 2 of this act, the department of administrative services shall take possession of the entire property currently housing the SYSC on South River Road in Manchester, New Hampshire. The department shall dispose of the property and any revenues received shall be deposited in the general fund. The department shall consult with the city of Manchester prior to any sale of the property.
4 Appropriation; Construction and Operation of a Replacement Secure Facility. The sum of $1 for the fiscal year ending June 30, 2023 is hereby appropriated to the department of health and human services for the design and construction of the new secured youth development facility, as described in section 2 of this act. Such funds shall be nonlapsing and continually appropriated to the department for the purposes of this act. Of this amount, the governor shall determine if any remaining discretionary funds appropriated in the American Rescue Plan Act of 2021, Public Law 117-2 or any other federal funds can be used for this purpose and any remainder shall be general funds. The governor is authorized to draw a warrant for the general fund share of said sum out of any money in the treasury not otherwise appropriated.
5 Delinquent Children; Release or Detention Pending Adjudicatory Hearing. Amend RSA 169-B:14, I(e)(3) to read as follows:
(3) Secure detention shall [not] only be ordered:
(A) For delinquency charges which may [not] form the basis for commitment under RSA 169-B:19, I(j); or
(B) When a petition does not allege a violation of RSA 262 or RSA 637, possession of a controlled drug without intent to sell under RSA 318-B, or any violation of RSA 634, RSA 635, RSA 641, or RSA 644, which would be a misdemeanor if committed by an adult.
6 Delinquent Children; Release or Detention Pending Adjudicatory Hearing. RSA 169-B:14, I(e)(3) is repealed and reenacted to read as follows:
(3) Secure detention shall not be ordered for delinquency charges which may not form the basis for commitment under RSA 169-B:19, I(j).
7 Delinquent Children; Dispositional Hearing. Amend RSA 169-B:19, I(j) to read as follows:
(j) Commit the minor to the custody of the department of health and human services for the remainder of minority. Commitment under this subparagraph may only be made following written findings of fact by the court, supported by clear and convincing evidence, that commitment is necessary to protect the safety of the minor or of the community, and may only be made if the minor has not waived the right to counsel at any stage of the proceedings. If there is a diagnosis or other evidence that a minor committed under this subparagraph may have a serious emotional disturbance or other behavioral health disorder, the minor shall, with the consent of the minor and the minor's family, be referred to a care management entity pursuant to RSA 135-F:4, III. The care management entity shall develop and oversee the implementation of a care plan for the minor, intended to reduce the period of commitment. Commitment may not be based on a finding of contempt of court if the minor has waived counsel in the contempt proceeding or at any stage of the proceedings from which the contempt arises. Commitment may include, but is not limited to, placement by the department of health and human services at a facility certified for the commitment of minors pursuant to RSA 169-B:19, VI, administrative release to parole pursuant to RSA 621:19, or administrative release consistent with the cap on youth development center population under RSA 621:10, provided that the appropriate juvenile probation and parole officer is notified. Commitment under this subparagraph shall not be ordered as a disposition for [a violation of RSA 262 or 637, possession of a controlled drug without intent to sell under RSA 318-B, or violations of RSA 634, 635, 641, or 644, which would be a misdemeanor if committed by an adult] any offense other than first degree murder, second degree murder, attempted murder, manslaughter, negligent homicide under RSA 630:3, II, first degree assault, second degree assault, except when the allegation is a violation of RSA 631:2, I(d), felonious sexual assault, aggravated felonious sexual assault, kidnapping, criminal restraint, robbery punishable as a class A felony, burglary while armed or involving the infliction of bodily harm under RSA 635:1, II, or arson punishable as a felony. [However, commitment may be ordered under this subparagraph for any offense which would be a felony or class A misdemeanor if committed by an adult if the minor has previously been adjudicated under this chapter for at least 3 offenses which would be felonies or class A misdemeanors if committed by an adult. A court shall only commit a minor based on previous adjudications if it finds by clear and convincing evidence that each of the prior offenses relied upon was not part of a common scheme or factual transaction with any of the other offenses relied upon, that the adjudications of all of the prior offenses occurred before the date of the offense for which the minor is before the court, and that the minor was represented by counsel at each stage of the prior proceedings following arraignment.]
8 New Subparagraph; Delinquent Children; Dispositional Hearing. Amend RSA 169-B:19, I by inserting after subparagraph (l) the following new subparagraph:
(m) Notwithstanding the provisions of RSA 169-B:19, I(l), a court may commit the minor to the custody of the department of health and human services for the remainder of minority if the minor is found delinquent for an offense which would be a felony if committed by an adult and the court finds that there is no placement or set of supervision and treatment services other than secure confinement that will protect the public from a substantial risk of serious bodily injury. A court's finding pursuant to this subparagraph shall only be sufficient to support secure confinement if it is made by clear and convincing evidence following either a stipulation by the parties or an evidentiary hearing at which the rules of evidence have been applied. Further, the court's findings shall include written, case-specific findings which identify the evidence relied upon and the basis for the determination that secure confinement is necessary. Commitment under this subparagraph may only be made if the minor has not waived the right to counsel at any stage of the proceedings. If there is a diagnosis or other evidence that a minor committed under this subparagraph may have a serious emotional disturbance or other behavioral health disorder, the minor shall, with the consent of the minor and the minor's family, be referred to a care management entity pursuant to RSA 135-F:4, III. The care management entity shall develop and oversee the implementation of a care plan for the minor, intended to reduce the period of commitment. Commitment may include, but is not limited to, placement by the department of health and human services at a facility certified for the commitment of minors pursuant to RSA 169-B:19, VI, administrative release to parole pursuant to RSA 621:19, or administrative release consistent with the cap on youth development center population under RSA 621:10, provided that the appropriate juvenile probation and parole officer is notified.
9 Repeal. 2021, 91:329 and 91:330, relative to closure date of the Sununu youth services center, are repealed.
I. RSA 169-B:14, I(e)(3), as amended by section 5 of this act, shall apply to cases pending on September 1, 2022 in which a dispositional order has not been yet entered.
II. RSA 169-B:14, I(e)(3), as amended by section 6 of this act, shall apply to cases pending on January 1, 2023 in which a dispositional order has not yet been entered.
III. RSA 169-B:19, as amended by sections 7 and 8 of this act, shall apply to cases pending on September 1, 2022 in which a dispositional order has not yet been ordered.
I. Section 6 of this act shall take effect January 1, 2023.
II. Section 7 of this act shall take effect September 1, 2022.
III. The remainder of this act shall take effect upon its passage.
22-3127
Amended 3/29/22
SB 458-FN- FISCAL NOTE
AS AMENDED BY THE SENATE (AMENDMENT #2022-1057s)
AN ACT relative to the Sununu youth services center and operation of a replacement secure facility.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2022 | FY 2023 | FY 2024 | FY 2025 |
Appropriation | $0 | $15,000,000 | $0 | $0 |
Revenue | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ X ] Other - ARPA and other Federal Funds | |||
METHODOLOGY:
This bill closes and dispenses of the control of the facility known as the Sununu youth services
center, as well as sets out parameters for the contract for a replacement facility.
The Department of Health and Human Services (DHHS) states this bill would require it to construct a secured treatment facility with no more than 18 beds to replace the current Sununu youth services center (SYSC) and to complete the project by June 30, 2024. The DHHS, in collaboration with the Department of Administrative Services (DAS), will be required to issue a RFP for a qualified design build architect on or before August 1, 2022. The current SYSC would be closed upon opening of the new facility. Upon opening of the new facility, the DAS shall take possession of the SYSC property, dispose of the property, and deposit any revenue received into the general fund. The DAS is required to consult with the City of Manchester prior to any sale.
The DHHS will be required to provide quarterly progress reports to the Joint Legislative Committee on Health and Human Services and the Office of the Child Advocate until such time that the facility is fully operational. The bill authorizes the Governor, with approval of the Fiscal Committee of the General Court to authorize an extension of the completion date, no later than two years following the initial anticipated completion date of June 30, 2024.
The DHHS indicates the bill will increase state revenues and expenditures by an indeterminable amount in FY 2023 through FY 2025. The appropriation of $15,000,000 for the fiscal year ending June 30, 2023 will be applied to the costs to design and build the new facility. In the long term, the Department anticipates indeterminable savings in operating costs when compared to the operating costs of the current SYSC facility.
The DAS states that, following closure of the existing SYSC facility, annual carrying costs will be approximately $447,000. Such costs could potentially increase due to rising energy prices. The DAS further anticipates that, given the highly specialized nature of the facility, it could take at least two years to find a market value buyer for the property. This time line could also be prolonged by the existence of historical buildings on site and the possible need for an environmental impact assessment. The DAS estimates pre-disposal costs (appraisal, land survey, documentation of historical buildings, etc.) at a minimum of $60,000. Finally, DAS notes that it would retain a broker to market the property, and that the broker's commission would be paid out of proceeds, reducing the amount deposited into the state general fund.
This bill makes an appropriation of $15,000,000 for the fiscal year June 30, 2023. The appropriation is non-lapsing and continually appropriated to the DHHS for the purposes of the act. The appropriation shall be from American Rescue Plan Act (ARPA) discretionary funds or other available federal funds to the extent determined to be available by the Governor. Any remaining amount after applying available ARPA and federal funds, shall be from the general fund.
It is assumed that any fiscal impact would occur after FY 2022.
AGENCIES CONTACTED:
Departments of Health and Human Services and Administrative Services
