HB473: relative to penalties for controlled drug violations.

HB 473-FN - AS INTRODUCED

2023 SESSION

23-0551

04/08

HOUSE BILL 473-FN

AN ACT relative to penalties for controlled drug violations.

SPONSORS: Rep. Roy, Rock. 31; Rep. Hynes, Hills. 2; Rep. Yokela, Rock. 32

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill changes the penalty for certain schedule I, II, III, and IV drug offenses.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0551

04/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to penalties for controlled drug violations.

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

1 Controlled Drug Act; Penalties. Amend RSA 318-B:26, II(a) to read as follows:

(a) In the case of a controlled drug or its analog, classified in schedules I, II, III, or IV, other than those specifically covered in this section, the person shall be guilty of a [class B felony, except that] misdemeanor for a first offense [notwithstanding the provisions of RSA 651:2, IV(a), a fine of not more than $25,000 may be imposed]. If any person commits such a violation after one or more prior offenses as defined in RSA 318-B:27, such person shall be guilty of a [class A] class B felony[, except that notwithstanding the provisions of RSA 651:2, IV(a), a fine of up to $50,000 may be imposed].

2 Effective Date. This act shall take effect January 1, 2024.

LBA

23-0551

1/4/23

HB 473-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to penalties for controlled drug violations.

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

Estimated Increase / (Decrease)

STATE:

FY 2023

FY 2024

FY 2025

FY 2026

Appropriation

$0

$0

$0

$0

Revenue

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Expenditures

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

Funding Source:

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

COUNTY:

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Decrease

Indeterminable Decrease

Indeterminable Decrease

METHODOLOGY:

This bill changes the penalty for certain schedule I, II, III, and IV drug offenses. This bill contains penalties that may 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 2023

FY 2024 through 12/31/23

FY 2024

(Starting 1/1/24 with repeal

of Felonies First)

Violation and Misdemeanor Level Offense

$119

$122

$122

Routine Criminal Case

$644

$657

$779

Appeals

Varies

Varies

Varies

Judicial Council

FY 2023

FY 2024

Public Defender Program

Has contract with State to provide services.

Has contract with State to provide services.

Contract Attorney - Felony

$825/Case

$105 administrative fee

$200 incarceration fee

(If applicable)

$825/Case

$105 administrative fee

$200 incarceration fee

(If applicable)

Contract Attorney – Misdemeanor

$300/Case

$70 administrative fee

$100 incarceration fee

(If applicable)

$300/Case

$70 administrative fee

$100 incarceration fee

(If applicable)

Assigned Counsel - Felony. Travel time to court does not count toward the cap.

$90/Hour up to $5,500

$90/Hour up to $5,500

Assigned Counsel- Misdemeanor. Travel time to court does not count toward the cap.

$90/Hour up to $2,000

$90/Hour up to $2,000

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. Historically, approximately 85% of the indigent defense caseload has been handled by the public defender program, with the remaining cases going to contract attorneys (14%) or assigned counsel (1%). Beginning in March of 2021, the public defender program has had to close intake of new cases due to excessive caseloads. Due to these closures, the contract and assigned counsel program have had to absorb significantly more cases. The system is experiencing significant delays in appointing counsel and the costs of representation have increased due to travel time and multiple appointments.

Department of Corrections

FY 2023

FY 2024

FY 2022 Average Cost of Incarcerating an Individual

$64,223

$64,223

FY 2022 Annual Marginal Cost of a General Population Inmate

$6,123

$6,123

FY 2022 Average Cost of Supervising an Individual on Parole/Probation

$688

$688

The Department notes any increase in the incarcerated population will have a direct impact on overtime costs given the Department’s history of challenges associated with recruitment. In addition, the NH State Prison for Men has a degrading infrastructure which will only be exacerbated if an increase in the incarcerated population were to occur.

NH Association of Counties

FY 2023

FY 2024

County Prosecution Costs

Indeterminable

Indeterminable

Estimated Average Daily Cost of Incarcerating an Individual

$105 to $125

$105 to $125

Many offenses are prosecuted by local and county prosecutors. When the Department of Justice has investigative and prosecutorial responsibility or is involved in an appeal, the Department may be able to absorb the cost within its existing budget. However, if the Department needs to prosecute significantly more cases or handle more appeals, then costs will increase by an indeterminable amount.

AGENCIES CONTACTED:

Judicial Branch, Departments of Corrections and Justice, Judicial Council, and New Hampshire Association of Counties