SB 579-FN - AS INTRODUCED
2018 SESSION
18-2747
05/04
SENATE BILL 579-FN
AN ACT relative to penalties for welfare fraud.
SPONSORS: Sen. Gray, Dist 6; Sen. Bradley, Dist 3; Sen. Avard, Dist 12; Sen. Birdsell, Dist 19; Sen. Watters, Dist 4; Rep. Kotowski, Merr. 24; Rep. LeBrun, Hills. 32; Rep. J. MacKay, Merr. 14; Rep. Campion, Graf. 12
COMMITTEE: Finance
-----------------------------------------------------------------
ANALYSIS
This bill increases the statutory damage amounts for welfare fraud to align the statute with other felony and misdemeanor crimes involving fraud.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
18-2747
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eighteen
AN ACT relative to penalties for welfare fraud.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Public Safety and Welfare; Welfare Fraud; Penalties. Amend RSA 167:17-c, I and II to read as follows:
I. Any natural person who violates RSA 167:17-b shall, unless otherwise specified, be guilty of:
(a) A class A felony if the value of the monetary award or goods or services in question is [$1,000] $1,500 or more;
(b) A class B felony if the value of the monetary award or goods or services in question exceeds [$100] $1,000 but does not exceed [$1,000] $1,500; or
(c) A misdemeanor if the value of the monetary award or goods or services in question is [$100] $1,000 or less.
II. Any other person who violates RSA 167:17-b shall, unless otherwise specified, be guilty of:
(a) A felony if the value of the monetary award or goods or services in question exceeds [$100] $1,000; or
(b) A misdemeanor if the value of the monetary award or goods or services in question is [$100] $1,000 or less.
2 Effective Date. This act shall take effect upon its passage.
18-2747
1/16/18
SB 579-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to penalties for welfare fraud.
FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None
|
| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2019 | FY 2020 | FY 2021 | FY 2022 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
|
|
|
|
|
COUNTY: |
|
|
|
|
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
METHODOLOGY:
This bill increases the statutory damage amounts for welfare fraud to align with RSA 637:11, which establishes thresholds for other theft-related crimes. As the bill raises the threshold for classification as a felony offense, it may result in cases being brought as misdemeanors that, under the current statutory scheme, would be brought as felonies. This would have the effect of decreasing state costs but potentially increasing county costs, as county jails may be responsible for housing prisoners who would be housed in state prison under the current statute. Any fiscal impact is indeterminable, as the entities contacted were unable to estimate the number of cases that would be impacted. For informational purposes, below are the per-case expenses associated with each type of case.
Judicial Branch | FY 2019 | FY 2020 |
Class B Misdemeanor | $50 | $51 |
Class A Misdemeanor | $72 | $73 |
Routine Criminal Felony Case | $457 | $462 |
|
|
|
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. An unspecified misdemeanor can be either class A or class B, with the presumption being a class B misdemeanor. | ||
Judicial Council |
|
|
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 |
|
|
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 |
|
|
County Prosecution Costs | Indeterminable | Indeterminable |
Estimated Average Daily Cost of Incarcerating an Individual | $85 to $110 | $85 to $110 |
The Department of Justice states it does not prosecute welfare fraud cases so this bill would have no fiscal impact on the Department.
AGENCIES CONTACTED:
Departments of Health and Human Services, Corrections, and Justice, Judicial Branch, Judicial Council, and New Hampshire Association of Counties