SB444: relative to the age at which a person remains under the juvenile court's jurisdiction under RSA 169-B, the juvenile delinquency statute.

SB 444 - AS AMENDED BY THE SENATE

03/04/04 0524s

2004 SESSION

04-3150

05/10

SENATE BILL 444

AN ACT relative to the age at which a person remains under the juvenile court's jurisdiction under RSA 169-B, the juvenile delinquency statute.

SPONSORS: Sen. Foster, Dist 13; Sen. Clegg, Dist 14; Rep. Bickford, Straf 68; Rep. B. Richardson, Ches 26; Rep. J. Brown, Straf 67

COMMITTEE: Judiciary

ANALYSIS

This bill provides the circumstances under which the juvenile court may retain extended jurisdiction over a minor under RSA 169-B, including the conditions under which jurisdiction may be extended to the age of 21 and circumstances under which the juvenile may be transfer to the adult criminal justice system.

This bill is a request of the task force on juvenile justice service capacity, established by 2002, 170 (HB 179-FN).

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/04/04 0524s

04-3150

05/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the age at which a person remains under the juvenile court's jurisdiction under RSA 169-B, the juvenile delinquency statute.

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

1 Delinquent Children; Jurisdiction Over Certain Persons. RSA 169-B:4 is repealed and reenacted to read as follows:

169-B:4 Jurisdiction Over Certain Persons.

I. The court shall close the case when the minor reaches 17, except as otherwise provided for in this section or RSA 169-B:4-a.

II. The court shall have jurisdiction until the minor's eighteenth birthday over any minor with respect to whom a petition is filed under this chapter for an alleged delinquency offense committed after the minor's sixteenth birthday and before the minor's seventeenth birthday, regardless of whether the petition is filed before or after the minor's seventeenth birthday.

(a) In the event that the court finds that the minor is delinquent, the court may order the dispositions provided in RSA 169-B:19.

(b) The court may order the case closed prior to the minor's eighteenth birthday pursuant to RSA 169-B:31.

III. In any instance in which the statute of limitations has not tolled and no juvenile petition has been filed based upon acts committed before the minor's seventeenth birthday, the state may proceed against the person in the criminal justice system after that person's eighteenth birthday.

2 New Section; Delinquent Children; Extended Jurisdiction Over Certain Persons. Amend RSA 169-B by inserting after section 4 the following new section:

169-B:4-a Extended Jurisdiction Over Certain Persons.

I. In response to a motion by the department, the prosecutor, or the minor filed within 6 months prior to a minor's seventeenth birthday, the court may extend jurisdiction until the minor's eighteenth birthday for the purpose of providing supervision and services in the juvenile justice system for any minor who was adjudicated delinquent if:

(a) Both the minor and the department consent to the extension of jurisdiction;

(b) The court finds that there is a high probability that continued provision of treatment services is necessary to rehabilitate the minor and for whom the department has recommended extending jurisdiction; or

(c) The court finds by clear and convincing evidence that closing the case would endanger the safety of the minor, any other person, or the community.

II. If jurisdiction is extended pursuant to subparagraph I(a) or I(b), the court shall close the case when the department revokes its consent in writing.

III.(a) In response to a motion by the department, the prosecutor, or the minor filed within 6 months prior to a minor's seventeenth birthday, when the court finds by clear and convincing evidence that closing the case would endanger the safety of the minor, any other person, or the community, the court may extend jurisdiction until the minor's eighteenth birthday for the purpose of providing supervision and services in either the juvenile justice system or the criminal justice system for any minor who was adjudicated delinquent and:

(1) Who has been found to have committed a violent crime as defined under RSA 169-B:35-a, I(c); or

(2) Who has been petitioned to the court on 4 or more occasions and adjudicated delinquent in 4 separate adjudicatory hearings which alleged misdemeanor or felony offenses.

(b) The department of corrections shall be served with a copy of the motion and be a party to the proceedings.

(c) For the purpose of assessing whether a minor meets the criteria of subparagraph (a), by order of the court, the department may provide representatives of the department of corrections with access to the minor's case records.

(d) If the court extends jurisdiction over a minor pursuant to this paragraph, the court may continue provision of supervision and services in the juvenile justice system or may, at anytime prior to the juvenile's eighteenth birthday, transfer supervision from the department to the department of corrections and transfer the place of commitment from the youth development center to an adult facility.

(e) If the court orders a transfer of supervisory authority or placement, the court shall also order the transfer of all of the minor's treatment records to the agency having supervisory authority over the minor.

IV.(a) Violation of court orders issued pursuant to paragraphs I or III that provide for supervision and services in the juvenile justice system shall be addressed with sanctions within the juvenile justice system; provided that if the violation occurs after the minor's seventeenth birthday and constitutes a new offense, and the minor is found guilty of the criminal offense, the court may close the juvenile case.

(b) Violation of court orders issued pursuant to paragraph III that provide for supervision and services in the criminal justice system shall be addressed in the criminal justice system by a finding of criminal contempt. With authorization by the court, the state may utilize any relevant portion of a juvenile's records in a criminal contempt proceeding.

V. Unless the minor consents, a minor may be subject to the extended jurisdiction of the court for a period of time no longer than that for which an adult could be committed for a like offense or the minor reaches the age of 21, whichever occurs first. For the purposes of this section, the time shall be calculated from the date of the original dispositional order.

VI. Notwithstanding any other provision of law, in response to a motion filed by the department, the prosecutor, or the minor within 90 days prior to the minor's eighteenth birthday, the court may continue jurisdiction beyond the minor's eighteenth birthday for any minor subject to jurisdiction pursuant to 169-B:4, II or 169-B:4-a, who is receiving supervision and services in the juvenile justice system and attending school for the purpose of obtaining a high school diploma or general equivalency diploma, provided that both the minor and the department consent. The court shall close the case when the minor ceases to be enrolled in school, receives a high school or general equivalency diploma, or turns twenty-one years of age, or when either the department or the minor revoke consent, whichever occurs first.

3 Delinquent Children; Disposition; References to Extended Jurisdiction Amended. Amend RSA 169-B:19, III-b and III-c(a) to read as follows:

III-b. Notwithstanding any provision of law to the contrary, a minor over whom the court has exercised jurisdiction pursuant to RSA 169-B:4[, I] or retained jurisdiction pursuant to RSA [169-B:4, V(c)] 169-B:4-a, may be committed or continue to be committed at the youth development center pursuant to RSA 169-B:19, I(j) until the minor's eighteenth birthday.

III-c.(a) A minor who meets the criteria for commitment to an adult correctional facility pursuant to RSA 169-B:4, RSA 169-B:4-a, or RSA 169-B:19, III, [or RSA 169-B:19, III-a,] and whose disposition includes an order of conditional release extending beyond the juvenile's age of majority, or suspended, deferred, or imposed incarceration at an adult correctional facility shall not be committed without first being afforded the right to a jury trial or waiving the right to a jury trial.

4 Delinquent Children; Access to Information by Victims of Violent Crime; Reference Added. Amend RSA 169-B:35-a, II(c)(1) to read as follows:

(c)(1) When the court's jurisdiction over a minor adjudicated for a violent crime terminates pursuant to RSA 169-B:4, RSA 169-B:4-a, or 169-B:19, the victim and the arresting law enforcement agency shall receive notice of the termination of the court's jurisdiction and any information concerning the minor's intended residence.

5 Youth Development Center; Extended Commitment at the Center; Reference Change. Amend RSA 621:9-a to read as follows:

621:9-a Extended Commitment at the Center. Notwithstanding any provision of law to the contrary, a minor over whom the court has exercised jurisdiction pursuant to RSA 169-B:4[, I] or retained jurisdiction pursuant to RSA [169-B:4, V(c)] 169-B:4-a, may be committed or continue to be committed at the center pursuant to RSA 169-B:19, I(j) until the minor's eighteenth birthday.

6 Youth Development Center; Effect of Release; Reference Change. Amend RSA 621:24 to read as follows:

621:24 Effect of Release. No administrative release or parole of a child shall operate as a discharge of the child from the center. The department shall continue to have control of children on administrative release to parole or parole until they reach the age of 17 years or until age 18 if the child's commitment is extended pursuant to RSA [169-B:19, III-b] 169-B:4-a, and the control conferred by the department upon others shall be conferred upon them as agents of the department, except where a child is discharged under RSA 621:19.

7 Youth Development Center; Remands and Changes in Conditions of Release; Reference Change. Amend the introductory paragraph of RSA 621:25 to read as follows:

The board or the commissioner, subject to the approval of the board, may modify or cancel any arrangements or conditions relative to release, other than discharge of a child, or may order a child remanded to the center, until the child reaches the age of 17 years, or until age 18 if the child's commitment is extended pursuant to RSA [169-B:19, III-b] 169-B:4-a, or until the child is discharged under RSA 621:19. Under the direction of the board and subject to rules adopted by the commissioner the department shall:

8 Repeal. RSA 169-B:19, III-a, relative to extended jurisdiction, is repealed.

9 Effective Date. This act shall take effect January 1, 2005.

LBAO

04-3150

Revised 3/1/04

SB 444 FISCAL NOTE

AN ACT relative to the age at which a person remains under the juvenile court's jurisdiction under RSA 169-B, the juvenile delinquency statute.

FISCAL IMPACT:

The Department of Health and Human Services stated this bill will increase state expenditures by $126,720 in FY 2005 and $253,440 in FY 2006 and in each year thereafter. State revenue will increase by $95,000 in FY 2005 and $190,000 in FY 2006 and in each year thereafter. County expenditures will increase by $42,280 in FY 2005 and $84,560 in FY 2006 and in each year thereafter. The New Hampshire Association of Counties stated this bill will increase county expenditures by an indeterminable amount. There will be no fiscal impact on county and local revenue and local expenditures.

METHODOLOGY:

The Department of Health and Human Services assumed there will be an increase in the number of juveniles remaining under the jurisdiction of the juvenile justice system until the age of 18. The Department made the following assumptions:

· The effective date is January 1, 2005, therefor, only one-half of the additional expenditures would be incurred in FY 2005.

· There would be 10 additional individuals in residential care

at an average cost of $250 per day each, for a total of

approximately $900,000 per year. $900,000

· There would be 155 additional in-home placements. 127

of these individuals would be supervised by Juvenile Probation

and Parole Officers (JPPOs) without additional cost.

The remaining 28 would receive ancillary services at an

average cost of $6,000 per year. 168,000

· Six cases would be closed when the juvenile reaches

the age of 18, saving approximately $540,000. (540,000)

Expected Annual Cost: $528,000

Forty-eight percent of these additional costs are paid by the state, 36% by the federal government and 16% by the counties.

FY 2005 FY 2006 FY 2007 FY 2008

Total $264,000 $528,000 $528,000 $528,000

State Share $126,720 $253,440 $253,440 $253,440

Federal Share $ 95,000 $190,000 $190,000 $190,000

County Share $ 42,280 $ 84,560 $ 84,560 $ 84,560

The Association of Counties indicated this bill will increase county expenditures since the counties pay 25% of the costs of certain juvenile services. The Association assumed this bill will increase the length of sentences for juvenile offenders and have an impact on the cost of residential placements and secure detention. Although unable to predict the exact number of additional placements, the Association estimated the following possible costs to the counties:

· There would be between 10 and 26 additional residential care placements at a cost of $90,000 per year for which the counties pay 25%. The result would be between $225,000 and $585,000 in additional county expenditures.

· The Association assumed 15 additional secure placements in the state detention facility. The counties' 25% share of this cost would be as follows:

Daily Rate of $343.25 x 15 placements x 365 days x 25% = $469,823

· Ancillary Services would increase. A minimum of 28 additional juveniles would receive services at a cost $6,000 per juvenile per year or $168,000 in total. After applying available federal funds, the county share of this cost would be about 16% or $26,880.

The New Hampshire Municipal Association stated this bill will have no fiscal impact on local revenue or expenditures.