New Hampshire-2016-SB464-Introduced

SB 464-FN-A - AS INTRODUCED

2016 SESSION

16-2695

10/09

SENATE BILL 464-FN-A

AN ACT establishing a statewide drug court grant program and making appropriations therefor.

SPONSORS: Sen. Bradley, Dist 3; Sen. Boutin, Dist 16; Sen. Carson, Dist 14; Sen. D'Allesandro, Dist 20; Sen. Feltes, Dist 15; Sen. Forrester, Dist 2; Sen. Fuller Clark, Dist 21; Sen. Hosmer, Dist 7; Sen. Kelly, Dist 10; Sen. Lasky, Dist 13; Sen. Morse, Dist 22; Sen. Reagan, Dist 17; Sen. Soucy, Dist 18; Sen. Stiles, Dist 24; Sen. Watters, Dist 4; Sen. Woodburn, Dist 1; Rep. Infantine, Hills. 13; Rep. Lachance, Hills. 8; Rep. Danielson, Hills. 7; Rep. Rowe, Hills. 22; Rep. Weyler, Rock. 13; Rep. Barry, Hills. 21; Rep. Shurtleff, Merr. 11; Rep. Berch, Ches. 1; Rep. S. Sweeney, Hills. 23

COMMITTEE: Finance

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ANALYSIS

This bill establishes the statewide drug court grant program administered by the office of drug court coordinator. Grants are paid by the department of corrections to counties meeting the requirements. The bill establishes an advisory commission and makes appropriations for the administration and funding of the drug court grants.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2695

10/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT establishing a statewide drug court grant program and making appropriations therefor.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Sections; Drug Courts; Grant Program. Amend RSA 490-G by inserting after section 2 the following new sections:

490-G:3 Grant Program Created.

I. There is established a statewide drug court grant program that will provide state matching funds as appropriated to support drug courts in all state superior courts. This grant program shall be available to counties operating drug courts prior to the effective date of this section, as well as to counties that have not yet implemented a drug court.

II. There is established the office of drug court coordinator within the administrative office of the superior court. For purposes of this section, “office” shall mean the office of drug court coordinator. The office shall be responsible for developing an application process by which counties shall apply for a state grant, evaluating the operating drug courts, determining certification, measuring recidivism rates, evaluating compliance with national standards, assisting in creating drug courts in counties seeking to implement a drug court, and assisting counties in obtaining ongoing training for drug court teams.

III. Counties operating a drug court program, or which seek to establish a drug court program, may be eligible for a state grant which shall pay up to 50 percent of the cost of the drug court from funds administered by the department of corrections. The remaining cost shall be funded by the counties.

490-G:4 Eligibility for Grants.

I. For purpose of grants, the superior courts shall be grouped into 3 categories: small, medium, and large. Coos, Carroll, and Sullivan county superior courts shall be categorized as small. Grafton, Belknap, and Cheshire county superior courts shall be categorized as medium. Hillsborough county superior court north, Hillsborough county superior court south, and Strafford, Merrimack, and Rockingham county superior courts shall be categorized as large. Subject to available appropriations, large courts shall each be eligible for a grant of up to $245,000 per year; medium courts shall each be eligible for a grant of up to $150,000 per year; and small courts shall each be eligible for a grant of up to $100,000 per year.

II. To be eligible for a state grant to be paid by the department of corrections, a county operating a drug court must receive certification from the office. The office shall determine how often certification shall be required and the office shall award certification when the currently operating drug court establishes:

(a) Compliance with the 10 Key Components of Adult Drug Court and the Adult Drug Court Best Practice Standards as issued by the National Association of Drug Court Professionals (NADCP);

(b) Compliance with the New Hampshire drug court certification checklist as promulgated by the office; and

III. A county without a drug court which seeks to implement a drug court shall first apply for a federal grant for the purpose of establishing a drug court. A county shall be required to apply for a federal grant only once. Any county that applied for a federal grant before the effective date of this section shall not be required to apply again. In the event the county is awarded a federal grant, or any other grant from a nonprofit organization, designed to fund a drug court, the county drug court shall be eligible for a state grant after the federal or other nonprofit grant has expired. If the county does not receive a federal or other nonprofit grant for which it applied, then it shall be eligible for a state grant.

IV.(a) A county seeking to implement a drug court may obtain a state grant for the purpose of establishing a drug court after satisfying the conditions in paragraph III. To obtain a state grant, a county shall:

(1) Submit a budget to the office;

(2) Submit policies and procedures and a participant handbook, which may be created from templates available through the office;

(3) Obtain and complete drug court training as approved by the office; and

(4) Demonstrate a commitment on behalf of the county government.

(b) If the office approves the county’s budget, policies and procedures, and the participant handbook, and certifies that the appropriate training has been completed and that the county has demonstrated the necessary commitment, the county shall receive a grant paid by the department of corrections for up to 50 percent of the approved budget for one year.

(c) To receive funding for subsequent years, the county shall obtain certification from the office. The office shall determine how often certification shall be required. The office shall grant certification if the county establishes:

(1) Compliance with the 10 Key Components of Adult Drug Court and the Adult Drug Court Best Practice Standards as issued by the National Association of Drug Court Professionals (NADCP);

(2) Compliance with the New Hampshire drug court certification checklist as promulgated by the office; and

(3) A commitment on behalf of the county government.

V. The commissioner of the department of corrections is authorized to expend from appropriated sums the amounts necessary to fund the grants certified by the office.

490-G:5 Advisory Commission; Drug Court Grant Program.

I. There is established an advisory commission to make recommendations on renewal of the drug court grant program. The members of the advisory commission are as follows:

(a) One member of the house of representatives, appointed by the speaker of the house of representatives.

(b) One member of the senate, appointed by the president of the senate.

(d) The chief justice of the New Hampshire superior court, or designee.

(e) The commissioner of the department of corrections, or designee.

(f) The commissioner of the department of health and human services, or designee.

(g) One member appointed by the New Hampshire Association of Counties.

(h) The president of New Hampshire Association of Chiefs of Police, or designee.

(i) One member of the Interbranch Criminal and Juvenile Justice Council (ICJJC) appointed by the chairperson.

(j) One member who is a probation-parole officer, appointed by the commissioner of the department of corrections.

II. The senate member shall call the first meeting. Meetings shall be held at least twice a year. A quorum shall consist of 5 members.

III. The advisory commission shall work with the office based on their evaluations of the operating drug courts, recidivism rates, and compliance with national standards and training as required, and recommend whether or not the drug court grant program shall be continued.

2 Appropriations; Department of Corrections; Judicial Branch; Drug Court Grant Program.

I. The sum of $940,000 for the fiscal year ending June 30, 2016 and $1,635,000 for the fiscal year ending June 30, 2017 is hereby appropriated to the department of corrections for the purpose of funding the drug court grants certified by the office of the drug court coordinator under RSA 490-G.

II. The sum of $211,000 for the fiscal year ending June 30, 2016 and $333,000 for the fiscal year ending June 30, 2017 is hereby appropriated to the judicial branch for the purpose of administrative support under RSA 490-G for the drug court grant program.

III. The governor is authorized to draw a warrant for said sums out of any money in the treasury not otherwise appropriated.

3 Effective Date. This act shall take effect upon its passage.

LBAO

16-2695

12/16/15

SB 464-FN-A- FISCAL NOTE

AN ACT establishing a statewide drug court grant program and making appropriations therefor.

FISCAL IMPACT:

The Judicial Branch, Department of Corrections, and New Hampshire Association of Counties state this bill, as introduced, will increase state and county expenditures and county revenue by an indeterminable amount in FY 2016 and each year thereafter. There will be no impact on state and local revenue or on local expenditures.

This bill appropriates $940,000 for the fiscal year ending June 30, 2016 and $1,635,000 for the fiscal year ending June 30, 2017 from the state general fund to the Department of Corrections for the purpose of this act.

This bill also appropriates $211,000 for the fiscal year ending June 30, 2016 and $333,000 for the fiscal year ending June 30, 2017 from the state general fund to the Judicial Branch for the purpose of this act.

METHODOLOGY:

The Judicial Branch states the proposed bill would enact RSA 490-G:3-5, establishing a statewide drug court program. The bill makes appropriations to the Branch for administrative support of the office of drug court coordinator within the administrative office of the superior court. The Branch assumes the earliest date staff could begin work on the program would be April 1, 2016 and estimates the budget for the office of drug court coordinator would be approximately $65,000 in FY 2016 and $330,000 in FY 2017. The Branch states the drug court would not add additional cases to the caseload of the superior court, but cases selected for drug court treatment require more time from the judge than do cases processed in regular court. The Branch indicates five superior court judges and one circuit court judge are currently involved in the existing drug courts and if the drug court was statewide, eleven judges would be involved. The Branch states judges spend about 4 hours per week on drug court at an average hourly rate of $141.60, therefore the annual cost of judicial time for statewide drug courts would be approximately $312,000. The Branch states the superior court believes it could absorb this cost if it were to have appointed and serving the 21 superior court judges currently authorized in Chapter 276:22, Laws of 2015 (HB2).

The Department of Corrections states the bill appropriates funds to the Department for the statewide drug court grant program. The Department is not able to determine the fiscal impact, but assumes there will be a minimal cost associated with managing the appropriation and administering the grants to counties.

The New Hampshire Association of Counties states the requirement for counties, without an existing drug court, to apply for a federal grant for the purpose of establishing one will increase costs to those counties. The Association assumes additional staff time will be needed to apply for and monitor the grant(s) and the grant may require offsetting costs or require a match from the counties. In addition, the bill provides for a grant of up to 50% of the cost of the drug court and the counties would incur the cost of the remaining share.