Bill Text: NH SB391 | 2014 | Regular Session | Enrolled
Bill Title: Relative to the juvenile justice advisory board; the policies and procedures of the youth development center; and a reduction in appropriation to the Sununu Youth Services Center.
Spectrum: Bipartisan Bill
Status: (Vetoed) 2014-09-15 - Notwithstanding the Governor’s Veto, Shall SB 391 Become Law: Regular Calendar 12Y-9N, Veto Sustained, lacking the necessary two-thirds vote; Senate Journal 16 [SB391 Detail]
Download: New_Hampshire-2014-SB391-Enrolled.html
SB 391 – FINAL VERSION
03/27/14 1121s
23Apr2014… 1421h
7May2014… 1655h
06/04/14 2000CofC
2014 SESSION
05/08
SENATE BILL 391
AN ACT relative to the juvenile justice advisory board; the policies and procedures of the youth development center; and a reduction in appropriation to the Sununu Youth Services Center.
SPONSORS: Sen. Carson, Dist 14; Sen. Boutin, Dist 16; Rep. Pantelakos, Rock 25; Rep. Long, Hills 42; Rep. Charron, Rock 4
COMMITTEE: Executive Departments and Administration
This bill:
I. Revises the membership and duties of the juvenile justice advisory board.
II. Requires the governor and council to appoint a director of juvenile justice services and Sununu Youth Services Center.
III. Revises the amount the department of health and human services is directed to reduce state general fund appropriations to the Sununu Youth Services Center for the biennium ending June 30, 2015.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/27/14 1121s
23Apr2014… 1421h
7May2014… 1655h
06/04/14 2000CofC
14-2745
05/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Fourteen
AN ACT relative to the juvenile justice advisory board; the policies and procedures of the youth development center; and a reduction in appropriation to the Sununu Youth Services Center.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Juvenile Justice Advisory Board. RSA 621-A:9 and RSA 621-A:10 are repealed and reenacted to read as follows:
621-A:9 Juvenile Justice Advisory Board Established.
I. There is hereby established a juvenile justice advisory board. The board shall provide oversight and advice to the director of juvenile justice services and the commissioner relative to programs and services provided to children at the youth development center and youth services center.
II. The board shall be composed of the following members:
(a) One member of the house children and family law committee, appointed by the speaker of the house of representatives.
(b) One member of the house finance committee, appointed by the speaker of the house of representatives.
(c) One member of the senate, appointed by the senate president.
(d) The bureau chief of the bureau of behavioral health, department of health and human services, or designee.
(e) The commissioner of the department of education, or designee.
(f) One justice from the judicial branch family division, specializing in juvenile justice, appointed by the administrative judge of the circuit court.
(g) One superintendent of a county correctional facility, appointed by the New Hampshire Association of Counties.
(h) One parent whose child has received services at the youth development center, appointed by the governor.
(i) A nonsupervisory employee of the youth development center, who has daily contact with children assigned to the center, appointed by the State Employees’ Association of New Hampshire, Chapter 21 President.
(j) One juvenile probation and parole officer, appointed by the commissioner of the department of health and human services.
(k) One attorney specializing in juvenile justice, appointed by the governor.
(l) One representative of a juvenile diversion program, appointed by the governor.
III. Members of the advisory board shall serve without compensation, except that legislative members shall receive mileage at the legislative rate while attending to the duties of the board.
621-A:10 Terms of Office; Organization.
I. The legislative members of the board and the commissioners shall serve terms co-terminous with their terms in office. The remaining members of the board shall serve 3-year terms.
II. Each appointed member of the advisory board shall hold office until a successor is appointed and qualified. The appointment of successors for the filling of vacancies for unexpired terms shall be by appointment in the same manner as the original appointment.
III. The advisory board shall elect its own chairperson. The commissioners shall not be eligible to serve as chairperson of the advisory board. Any one of the legislative members of the board may call the first meeting. The board shall meet 6 times during the first year; thereafter, the board shall meet at least 4 times a year. Five members of the advisory board shall constitute a quorum.
IV. On or before the anniversary of the first meeting called after the effective date of this section, and biennially thereafter until 2025, the advisory board shall submit a written report to the speaker of the house of representatives, the president of the senate, the governor, and the following legislative committees: the house children and family law committee, the house criminal justice and public safety committee, the senate judiciary committee, and the house and senate finance committees. The report shall detail the activities of the board and any recommendations made by the board to the department relative to juvenile justice services. The report shall include the board’s assessment of the policies and procedures of the youth development center.
2 Duties of the Advisory Board. Amend RSA 621-A:11 to read as follows:
621-A:11 Duties of the Advisory Board.
I. The advisory board shall act in an oversight and advisory capacity to assist the commissioner of the department of health and human services and the director of juvenile justice services and Sununu Youth Services Center relative to juvenile justice programs and services provided to children at the youth development center and other juvenile justice facilities. The board [may] shall also provide advice and input on fiscal and budgetary matters [related to such facilities,] and shall make recommendations to the commissioner and the director of juvenile justice services and Sununu Youth Services Center on ways to reduce costs at the youth development center. The board shall also explore the availability of state and federal grants, business partnerships, and other funding sources that may be available to the department for such facilities.
[I-a.] II. The board shall assess whether the youth development center is meeting the objectives of RSA 621:2 and shall seek information from the director of [the division of] juvenile justice services and Sununu Youth Services Center in the department of health and human services concerning the successes and challenges relative to the state’s juvenile justice programs and services.
[I-b.] III. The board shall be available to address emergent issues identified by the commissioner of health and human services, the director of [the division of] juvenile justice services and Sununu Youth Services Center, the chair of the advisory board, or any board member. In furtherance of this paragraph, the board may solicit comments from the public or any other entities as it deems appropriate.
[II. Beginning in December 2010, and biennially thereafter, the board shall submit a written report to the speaker of the house, the president of the senate, the governor, and the following legislative committees: the house children and family law committee, the house criminal justice and safety committee, and the senate judiciary committee. The report shall detail the activities of the board and any recommendations made by the board to the department relative to juvenile justice services.]
3 New Paragraph; Department of Health and Human Services; Director of Juvenile Justice Services and Sununu Youth Services Center. Amend RSA 126-A:4 by inserting after paragraph V the following new paragraph:
VI. Notwithstanding any other provision of law to the contrary, the commissioner shall appoint a director of juvenile justice services and Sununu Youth Services Center, who shall be responsible for the administration of the youth development center under RSA 621, the youth services center under RSA 621-A, and the supervision of juvenile probation and parole officers under RSA 170-G. The director of juvenile justice services and Sununu Youth Services Center shall have the same status within the department as the director of the division responsible for the administration of services to children and youth under RSA 170-G.
4 New Section; Appointment of a Director of Juvenile Justice Services and Sununu Youth Services Center. Amend RSA 621-A by inserting after section 4 the following new section:
621-A:4-a Appointment of a Director of Juvenile Justice Services and Sununu Youth Services Center. The commissioner shall nominate and the governor, with the consent of the council, shall appoint a director of juvenile justice services and Sununu Youth Services Center. The director shall serve at the pleasure of the commissioner.
5 Youth Development Center; Reference to Sununu Youth Services Center Added. Amend RSA 621:1, I to read as follows:
I. The New Hampshire youth development center, a juvenile correctional facility formerly known as the industrial school, may also be referred to as [the] YDC, [or] the center, or the Sununu Youth Services Center. References to the industrial school, [or the] YDC, or the Sununu Youth Services Center in statutes or other documents shall mean the youth development center.
6 Department of Health and Human Services, Sununu Youth Services Center; Reduction in Appropriation. Amend 2013, 143:14 to read as follows:
143:14 Department of Health and Human Services, Sununu Youth Services Center; Reduction in Appropriation. The department of health and human services is hereby directed to reduce state general fund appropriations to the Sununu Youth Services Center by [$500,000] $231,926 for the fiscal year ending June 30, 2014 and by [$750,000] $1,018,074 for the fiscal year ending June 30, 2015. [The department shall develop a reduction plan for the reductions required under this section and present the plan to the fiscal committee of the general court no later than September 30, 2013.]
7 Effective Date.
I. Sections 1, 2, and 6 of this act shall take effect upon its passage.
II. The remainder of this act shall take effect 90 days after its passage.
VETOED: July 28, 2014
LBAO
14-2745
Amended 05/27/14
SB 391 - FISCAL NOTE
AN ACT relative to the juvenile justice advisory board; the policies and procedures of the youth development center; and a reduction in appropriation to the Sununu Youth Services Center.
FISCAL IMPACT:
The Department of Health and Human Services states this bill, as amended by the House (Amendment #2014-1655h), will increase state expenditures in FY 2014 by $268,074 and increase state revenue and expenditures by indeterminable amounts in FY 2015 and in each year thereafter. There will be no impact on county and local revenues or expenditures.
METHODOLOGY:
The Department states the bill requires the Commissioner to appoint a director of juvenile justice services from a list of candidates submitted by the Juvenile Justice Advisory Board. The Department assumes the bill will require the creation of an additional unclassified director position at salary grade “HH”. The Department further assumes appointment of a separate director for juvenile justice services will necessitate the appointment of a separate field services administrator for juvenile justice services. The Department indicates additional costs for equipment, travel, and operating costs for each position will be incurred. In addition, the Department expects the change in management structure will increase other personnel costs by an indeterminable amount. The Department states section 6 of the bill moves a portion of the required budget reduction for the Sununu Youth Service Center from FY 2014 into FY 2015. The Department states sections 1, 2, and 5 will have no fiscal impact. The Department estimates the costs as follows:
Estimated Costs
FY 2014
FY 2015
FY 2016
FY 2017
FY 2018
Director Position Salary Grade HH:
$0
$90,267
$95,219
$100,171
$100,171
Benefits:
$0
$36,103
$38,088
$40,068
$40,068
Field Services Administrator Labor Grade 31:
$0
$60,811
$64,409
$67,431
$70,493
Benefits:
$0
$25,672
$25,763
$26,972
$28,197
Equipment, travel and operating costs:
$0
$10,000
$5,000
$5,000
$5,000
Other personnel costs (Indeterminable):
IND
IND
IND
IND
Change in required budget reduction:
$268,074
($268,074)
$0
$0
$0
Totals:
$268,074
($45,221)
$228,479
$239,642
$243,929
