SB297: establishing a new position and relative to the realignment of functions in the department of corrections.

SB 297-FN – AS INTRODUCED

2006 SESSION

06-2604

09/01

SENATE BILL 297-FN

AN ACT establishing a new position and relative to the realignment of functions in the department of corrections.

SPONSORS: Sen. D'Allesandro, Dist 20; Sen. Fuller Clark, Dist 24

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill establishes a position of director of operations within the department of corrections. The bill establishes appointment procedures for senior physicians and dentists and permits the commissioner of corrections to assign or reassign wardens, physicians, and dentists to any corrections facility. The bill also changes the division of field services to a bureau of field services and makes the commissioner of corrections responsible for operation of the special school district for inmates of corrections facilities and for personnel management.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06-2604

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT establishing a new position and relative to the realignment of functions in the department of corrections.

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

1 Internal Organizational Units. Amend RSA 21-H:4, I and II to read as follows:

I. The division of administration, under the supervision of a director of administration, who shall, in accordance with applicable laws:

(a) Be responsible to provide for:

(1) Accounting, purchasing and budget control;

(2) [Personnel management;

(3)] Property, contracts and grant management;

[(4)] (3) Data processing;

[(5)] (4) Assistance to the commissioner with short and long range department level planning activities; and

[(6)] (5) Centralized records retention.

(b) Exercise, subject to the supervision of the commissioner, superior authority over the directors of the other divisions of the department relative to areas of responsibility specified in this paragraph.

[(c) Be responsible for the operation of the special school district, established under RSA 194:60, which shall provide appropriate education services to eligible offenders held in facilities operated by the department of corrections.]

II. The [division] bureau of field services, under the supervision of [a director] an administrator of field services, who shall be responsible for supervising adults placed on probation and inmates placed on parole.

2 New Paragraph; Division and Director of Operations. Amend RSA 21-H:4 by inserting after paragraph IV the following new paragraph:

V. The division of operations, under the supervision of a director of operations, who shall be responsible for operations management of the prisons, field services and community corrections.

3 New Paragraph; Director of Operations. Amend RSA 21-H:6 by inserting after paragraph I-a the following new paragraph:

I-b. The commissioner of the department shall nominate for appointment by the governor, with the consent of the council, the director of operations who shall serve at the pleasure of the commissioner.

4 New Paragraphs; Senior Physicians and Dentists; Assignment. Amend RSA 21-H:6 by inserting after paragraph II the following new paragraphs:

III. The commissioner shall nominate for appointment by the governor, with the consent of the council, the senior physicians and dentists who shall all serve at the pleasure of the commissioner.

IV. Wardens, physicians, and dentists may be assigned or reassigned to any corrections facility at the discretion of the commissioner.

5 Qualifications and Compensation of Certain Officials. Amend RSA 21-H:7 to read as follows:

21-H:7 Qualifications and Compensation of Certain Officials.

I. The commissioner [and], assistant commissioner, and director of operations of the department shall be qualified to hold such positions by reason of education and experience.

II. The directors of all divisions of the department shall be qualified to hold their respective positions by reason of education and experience.

III. The salaries of the commissioner, assistant commissioner, [and] director of operations, the division directors, and senior physicians and dentists of the department shall be as specified in RSA 94:1-a.

6 Powers and Duties of Commissioner. Amend RSA 21-H:8, II(d) to read as follows:

(d) Delegate authority to subordinates as the commissioner deems necessary and appropriate, except that rulemaking authority shall not be delegated. The commissioner shall provide by delegation for the assistant commissioner [or a division director], director of operations, or wardens to exercise authority in the commissioner’s absence. All such delegations shall be made in writing, shall be disseminated to all division directors, shall clearly delineate the authority delegated and the limitations thereto, and shall be kept on file in the commissioner’s office. The assistant commissioner shall assume the duties of the commissioner in the event that the commissioner is unable for any reason to perform such duties.

7 New Subparagraphs; Powers and Duties of Commissioner. Amend RSA 21-H:8, II by inserting after subparagraph (h) the following new subparagraphs:

(i) Be responsible for the operation of the special school district, established under RSA 194:60, which shall provide appropriate education services to eligible offenders held in facilities operated by the department of corrections.

(j) Be responsible for personnel management.

8 Unclassified Salary; Director of Operations. Amend RSA 94:1-a, I(b) by:

I. Deleting:

GG Department of corrections director, division of field services

II. Inserting:

GG Department of corrections administrator, bureau of field services

JJ Department of corrections director of operations

9 Change From “Division” to “Bureau.” Amend the following RSA provisions by replacing “division” with “bureau:” 6:12, I(b); 100-A:1, VII(f) (introductory paragraph); 135:17-a, II; 504-A:13, III; 597:2, V(a); 651:63, V, VII.

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

LBAO

06-2604

Revised 1/30/06

SB 297 FISCAL NOTE

AN ACT establishing a new position and relative to the realignment of functions in the department of corrections.

FISCAL IMPACT:

The Department of Corrections has determined this bill will increase state general fund expenditures by $107,768 in FY 2007, $114,951 in FY 2008, $122,134 in FY 2009 and $129,316 in FY 2010. This bill will have no fiscal impact on county and local expenditures or state, county, and local revenue.

METHODOLOGY:

The Department states this bill establishes the position of Director of Operations. The Department assumes the current Director of the Division of Field Services (position #9U114, labor grade GG, step maximum) will manage the Bureau of Field Services, and will retain its current unclassified labor grade GG, step minimum salary. The Department assumes the Director of Operations will begin effective July 1, 2006 at labor grade JJ, step minimum, with annual increments each year thereafter.

FY 2007 FY 2008 FY 2009 FY 2010

Salary $ 74,839 $ 79,827 $ 84,815 $ 89,803

Benefits @ 44% 32,929 35,124 37,319 39,513

Total $107,768 $114,951 $122,134 $129,316