HB1562: allowing counties to establish heroin use prevention and treatment programs.

HB 1562-FN-LOCAL - AS INTRODUCED

2016 SESSION

16-2217

04/10

HOUSE BILL 1562-FN-LOCAL

AN ACT allowing counties to establish heroin use prevention and treatment programs.

SPONSORS: Rep. Abramson, Rock. 20; Rep. Lachance, Hills. 8; Rep. Murotake, Hills. 32; Rep. Potucek, Rock. 6; Rep. Hoell, Merr. 23; Rep. J. Ward, Rock. 19

COMMITTEE: Municipal and County Government

ANALYSIS

This bill allows the county convention in each county to establish heroin use prevention and treatment programs.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

16-2217

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Sixteen

AN ACT allowing counties to establish heroin use prevention and treatment programs.

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

1 New Subdivision; County Conventions; Heroin Use Prevention and Treatment Programs. Amend RSA 24 by inserting after section 26 the following new subdivision:

Heroin Use Prevention and Treatment Programs

24:27 Heroin Use Prevention and Treatment Programs.

I. The county convention of any county shall have the power to raise and appropriate such sums of money as it judges necessary to establish heroin use prevention and treatment programs for county residents. The cost may be paid wholly or partly by the county. The county convention shall, after regular public hearings, develop and adopt a written policy addressing the following areas:

(a) Providing immunity from criminal prosecution for the possession or use of heroin in exchange for participation in a heroin treatment and rehabilitation program, using the program established by the Gloucester, Massachusetts police department as a model.

(b) Fines, instead of criminal prosecution, for possession or use of small amounts of heroin.

(c) Diversion of county funds, including moneys from civil forfeiture, for heroin use prevention, treatment, and recovery support programs, needle exchange programs, clinics, aftercare programs, mental health counseling, learning and coping skills education, medication management, establishment of drug courts, and alternatives to incarceration.

(d) Appropriate provisions for prohibiting municipalities from preventing heroin treatment clinics from operating in certain parts of the municipality.

II. The county convention shall adopt the policy required in paragraph I not later than 6 months from the effective date of this section.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO 16-2217

11/25/15

HB 1562-FN-LOCAL- FISCAL NOTE

AN ACT allowing counties to establish heroin use prevention and treatment programs.

FISCAL IMPACT:

The New Hampshire Association of Counties and Judicial Branch state this bill, as introduced, may increase county expenditures and revenue and decrease state expenditures by indeterminable amounts in FY 2017 and each year thereafter. There will be no fiscal impact to state and local revenue or local expenditures.

METHODOLOGY:

The New Hampshire Association of Counties states this bill allows each county convention to establish heroin use prevention and treatment programs. This bill grants county conventions the authority to raise and appropriate such sums of money as they deem necessary for prevention and treatment programs. To the extent county conventions choose to establish and raise money to fund heroin use prevention and treatment programs, county expenditures and revenue may increase by indeterminable amounts.

The Judicial Branch states the proposed bill permits county conventions to adopt policies that provide for immunity from criminal prosecution for the possession or use of heroin in exchange for participation in a treatment program and for fines instead of criminal prosecution for possession or use of small amounts of heroin. The proposed bill does not specify who would impose fines and if the procedure were outside of the Judicial Branch there could be some savings at the state level. The Judicial Branch states there could be fewer prosecutions for possession or use of heroin which could decrease state costs. There is no method to determine how many fewer prosecutions would not be brought as a result of this bill to determine the fiscal impact on expenditures. The table below provides the potential costs associated with these types of prosecutions:

FY 2017

FY 2018

Judicial Branch*

Routine Criminal Felony Case

$449

$470

Appeals

Varies

Varies

*It should be noted average case cost estimates for FY 2017 and FY 2018 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.

The New Hampshire Municipal Association states that because county funds come primarily from municipalities within the county, the establishment of prevention and treatment programs could cause municipal tax rates to increase.

The Judicial Council and Department of Justice state this bill would have no fiscal impact on their operations.