SB 178 – AS AMENDED BY THE HOUSE

04/01/09 1047s

04/01/09 1138s

03Jun2009… 1871h

2009 SESSION

09-1016

04/03

SENATE BILL 178

AN ACT relative to the operation of the special school district for the education of eligible offenders held in facilities operated by the department of corrections, and establishing the director of community corrections position in the department of corrections.

SPONSORS: Sen. D'Allesandro, Dist 20

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill:

I. Provides that operation of the special school district for eligible offenders shall be a duty of the commissioner of the department of corrections.

II. Establishes the position of director of community corrections in the department of corrections.

III. Eliminates the position of warden of the Lakes Region facility.

IV. Is contingent on the closing of the Lakes Region facility.

V. Is a request of the department of corrections.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/01/09 1047s

04/01/09 1138s

03Jun2009… 1871h

09-1016

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT relative to the operation of the special school district for the education of eligible offenders held in facilities operated by the department of corrections, and establishing the director of community corrections position in the department of corrections.

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

1 New Subparagraph; Department of Corrections; Powers and Duties of Commissioner. Amend RSA 21-H:8, II by inserting after subparagraph (h) the following new subparagraph:

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

2 New Paragraph; Department of Corrections; Internal Organizational Units. Amend RSA 21-H:4 by inserting after paragraph VI the following new paragraph:

VII. The director of community corrections, under the supervision of the commissioner, who shall:

(a) Direct and oversee departmental services for inmates preparing for release from institutional settings into the community.

(b) Direct and oversee departmental services for individuals under probation or parole supervision in order to achieve stability within the community and reduce recidivism.

(c) Operate and administer all transitional work and housing units where inmates are assigned for minimum security and work release.

(d) Serve as the primary liaison between the department and community-based service providers, state courts, and municipal, county, and state entities with common issues and responsibilities, including substance abuse and mental health issues.

(e) Work with the department of justice and other state and federal agencies to identify, secure, and manage grant funds to supplement services available to offenders under departmental supervision, including but not limited to housing and employment assistance, substance abuse treatment, mental health treatment, and medical and prescription services.

3 Department of Corrections; Qualifications and Compensation of Certain Officials. Amend RSA 21-H:7, III to read as follows:

III. The salaries of the commissioner, assistant commissioner, professional standards director, director of security and training, director of community corrections, and the division directors of the department shall be as specified in RSA 94:1-a.

4 Department of Corrections; Status in Retirement System. Amend RSA 21-H:8-a to read as follows:

21-H:8-a [Assistant Commissioner;] Status in Retirement System. For purposes of classification under RSA 100-A, the assistant commissioner, professional standards director, director of community corrections, and director of security and training of the department of corrections shall be considered permanent policemen if such individuals were permanent police members of group II for at least 10 years prior to appointment in their respective positions, and continue to be certified as police officers under RSA 188-F:26 and 188-F:27.

5 Compensation of Certain State Officers; Salaries Established. Amend RSA 94:1-a, I(b) as follows:

Delete:

HH Department of corrections warden, Lakes Region facility

6 New Paragraph; Commissioner and Other Department Officials; Appointment. Amend RSA 21-H:6 by inserting after paragraph IV the following new paragraph:

IV-a. The commissioner shall nominate for appointment by the governor, with the consent of the council, a director of community corrections who shall serve at the pleasure of the commissioner.

7 Department of Corrections; Qualifications and Compensation of Certain Officials. Amend RSA 21-H:7, I to read as follows:

I. The commissioner, assistant commissioner, professional standards director, director of security and training, director of community corrections, and the division directors of the department shall be qualified to hold such positions by reason of education and experience.

8 Repeal. RSA 21-H:4, I(c), relative to operation of the special school district by the department of corrections, is repealed.

9 Salary for Director of Community Corrections. The salary for the unclassified position of director of community corrections established in this act shall be determined in accordance with RSA 14:14-c.

10 Contingency. Sections 1-9 of this act shall take effect if the Lakes Region facility is closed. Sections 1-9 of this act shall not take effect if the Lakes Region facility is not closed. The commissioner of the department of corrections shall report the date of the closing of the Lakes Region facility to the secretary of state and the director of the office of legislative services.

11 Effective Date.

I. Sections 1-9 of this act shall take effect as provided in section 10 of this act.

II. The remainder of this act shall take effect upon its passage.

LBAO

09-1016

Amended 04/27/09

SB 178 FISCAL NOTE

AN ACT relative to the operation of the special school district for the education of eligible offenders held in facilities operated by the department of corrections, and establishing the director of community corrections position in the department of corrections.

FISCAL IMPACT:

The Department of Corrections states this bill, as amended by the Senate (Amendment #2009-1047s and #2009-1138s), will decrease state expenditures by $9,585 in FY 2010 and each year thereafter. The Department of Justice states this bill will increase state expenditures by an indeterminable amount in FY 2010 and each year thereafter. There will be no fiscal impact on state, county and local revenue or county and local expenditures.

METHODOLOGY:

This bill provides that operation of the special school district for eligible offenders shall be a duty of the commissioner of the Department of Corrections; establishes the position of director of community corrections in the Department of Corrections; and eliminates the position of warden of the Lakes Region facility. The Department of Corrections states the proposed legislation will decrease state expenditures by the difference of the salaries of the director of community corrections and the warden of the Lakes Region facility. According to the Department, the current salary of the warden at the Lakes Region facility is $100,191 per annum. The proposed salary for the position of director of community corrections established in the bill is $90,606 per annum. The Department notes state expenditures would decrease by the difference of $9,585 in FY 2010 and each year thereafter.

The Department of Justice states the proposed legislation requires the director of community corrections to work with the Department to identify, secure, and manage grant funds. The Department expects the additional work would be able to be absorbed by existing resources within the Department. However, the Department notes state expenditures will increase to the extent that assistance to the director of community corrections becomes more substantial than the Department can absorb in FY 2010 and each year thereafter. The Department states if this were to occur, they would request a memorandum of understanding to offset some of the additional expenses.