SB720: relative to adult protective services.

SB 720-FN - AS INTRODUCED

2020 SESSION

20-2955

01/04

SENATE BILL 720-FN

AN ACT relative to adult protective services.

SPONSORS: Sen. Fuller Clark, Dist 21; Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Sen. Sherman, Dist 24; Rep. Campion, Graf. 12; Rep. Knirk, Carr. 3; Rep. Cushing, Rock. 21

COMMITTEE: Judiciary

ANALYSIS

This bill clarifies when reports are to be made regarding vulnerable adult abuse.

This bill is a request of the department of health and human services.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2955

01/04

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty

AN ACT relative to adult protective services.

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

1 Protective Services to Adults; Reports of Adult Abuse; Investigations. Amend the introductory paragraph of RSA 161-F:46 to read as follows:

Any person, including, but not limited to, physicians, other health care professionals, social workers, clergy, and law enforcement officials, suspecting or believing in good faith that any adult who is or who is suspected to be vulnerable, at the time of the incident, has been subjected to abuse, neglect, self-neglect, or exploitation or is, or was, living in hazardous conditions shall report or cause a report to be made as follows:

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

LBAO

20-2955

1/7/20

SB 720-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to adult protective services.

FISCAL IMPACT: [ X ] State [ X ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2020

FY 2021

FY 2022

FY 2023

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

METHODOLOGY:

This bill amends the statute requiring individuals to report suspected abuse of vulnerable adults by clarifying that a report shall be required even if the suspected abuse is no longer occurring. The Department of Health and Human Services is unable to determine how many additional reports, if any, to anticipate should the bill become law. The Department assumes that it may incur additional expenses in the form of mileage and other witness/investigative costs, but does not foresee the need for additional staff.

RSA 161-F:50 establishes a misdemeanor penalty for anyone who knowingly fails to make a report required by RSA 161-F:46. Accordingly, the bill may result in additional penalties that will have an impact on the New Hampshire judicial and correctional systems. There is no method to determine how many charges would be brought as a result of the changes contained in this bill to determine the fiscal impact on expenditures. However, the entities impacted have provided the potential costs associated with these penalties below.

Judicial Branch

FY 2021

FY 2022

Class B Misdemeanor

$54

$56

Class A Misdemeanor

$77

$79

Appeals

Varies

Varies

It should be noted that average case cost estimates for FY 2021 and FY 2022 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 – Misdemeanor

$300/Case

$300/Case

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%).

NH Association of Counties

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $120

$105 to $120

AGENCIES CONTACTED:

Department of Health and Human Services