hb 0179

CHAPTER 170

HB 179-FN - FINAL VERSION

AN ACT relative to the scope of RSA 169-B, the juvenile delinquency statute, and establishing a task force on juvenile justice service capacity.

SPONSORS: Rep. Bickford, Straf 1; Rep. Brown, Straf 17; Rep. K. Hutchinson, Rock 29; Rep. Richardson, Ches 12; Rep. Allison, Sull 10

I. Provides that a minor over whom the court has exercised jurisdiction under RSA 169-B may be committed or continue to be committed to the youth development center until the minor's eighteenth birthday.

II. Establishes a task force relative to juvenile service capacity and administrative simplification issues.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to the scope of RSA 169-B, the juvenile delinquency statute, and establishing a task force on juvenile justice service capacity.

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

170:1 Delinquent Children; Jurisdiction Amended. Amend RSA 169-B:4, I to read as follows:

I. The court shall have jurisdiction over any minor with respect to whom a petition is filed under this chapter after the minor's seventeenth and before the minor's eighteenth birthday for an alleged delinquency offense committed before the minor's seventeenth birthday[~~, provided no minor may be detained at or committed to the youth development center after the minor's seventeenth birthday~~].

170:2 Delinquent Children; Basis for Jurisdiction Over Certain Persons Expanded. Amend RSA 169-B:4, V to read as follows:

V. Notwithstanding paragraph III, when the court finds by clear and convincing evidence that closing the case would endanger the safety of the minor, any other person, or the community, or the court finds that there is a high probability that continued provision of treatment services is necessary to rehabilitate the minor, the court may retain jurisdiction over any minor:

(a) Who has been found to have committed a violent crime as defined under RSA 169-B:35-a, I(c);[or]

(b) Who has been petitioned to the court on 4 or more occasions and adjudicated delinquent in 4 separate adjudicatory hearings which alleged misdemeanor or felony offenses[.]; or

(c) Who was committed to the custody of the department of health and human services at the youth development center pursuant to RSA 169-B:19, I(j) and is placed at the youth development center at the time of the court's order to retain jurisdiction under this paragraph; provided that the court's jurisdiction pursuant to this subparagraph shall continue until the minor's eighteenth birthday.

170:3 New Paragraph; Delinquent Children; Extended Commitment at the Youth Development Center. Amend RSA 169-B:19 by inserting after paragraph III-a the following new paragraph:

III-b. Notwithstanding any provision of law to the contrary, a minor over whom the court has exercised jurisdiction pursuant to RSA 169-B:4, I or retained jurisdiction pursuant to RSA 169-B:4, V(c), may be committed or continue to be committed at the youth development center pursuant to RSA 169-B:19, I(j) until the minor's eighteenth birthday.

170:4 Parole of Delinquents; Definition of Delinquent Amended. Amend RSA 170-H:2, V to read as follows:

V. "Delinquent' means any person [~~under 17 years of age~~] who has been adjudicated delinquent by a district or superior court and committed to the custody of the commissioner.

170:5 New Section; Youth Development Center; Extended Commitment at the Center. Amend RSA 621 by inserting after section 9 the following new section:

621:9-a Extended Commitment at the Center. Notwithstanding any provision of law to the contrary, a minor over whom the court has exercised jurisdiction pursuant to RSA 169-B:4, I or retained jurisdiction pursuant to RSA 169-B:4, V(c), may be committed or continue to be committed at the center pursuant to RSA 169-B:19, I(j) until the minor's eighteenth birthday.

170:6 Youth Development Center; Effect of Release; Conditions of Release Amended. Amend RSA 621:24 and the introductory paragraph of RSA 621:25 to read as follows:

621:24 Effect of Release. No administrative release or parole of a child shall operate as a discharge of the child from the center. The department shall continue to have control of children on administrative release to parole or parole until they reach the age of 17 years or until age 18 if the child's commitment is extended pursuant to RSA 169-B:19, III-b, and the control conferred by the department upon others shall be conferred upon them as agents of the department, except where a child is discharged under RSA 621:19.

621:25 Remands and Changes in Conditions of Release. The board or the commissioner, subject to the approval of the board, may modify or cancel any arrangements or conditions relative to release, other than discharge of a child, or may order a child remanded to the center, until the child reaches the age of 17 years, or until age 18 if the child's commitment is extended pursuant to RSA 169-B:19, III-b, or until the child is discharged under RSA 621:19. Under the direction of the board and subject to rules adopted by the commissioner the department shall:

170:7 Task Force Established; Membership; Duties. There is established the task force on juvenile justice service capacity and administrative simplification.

(b) Two members of the house of representatives, appointed by the speaker of the house.

(d) A representative of the department of justice, appointed by the attorney general.

(e) A representative of the division of juvenile justice services, appointed by the commissioner of the department of health and human services.

(f) A representative of the County Human Services Administrative Association, appointed by such association.

(g) A representative of the Child Advocacy Network, appointed by such organization.

(h) A representative of the department of corrections, appointed by the commissioner of the department of corrections.

(j) A representative of the district court, appointed by the administrative justice of the district and municipal courts.

(k) A representative of the New Hampshire Police Association, appointed by that association.

(l) A representative of the New Hampshire Public Defender Program, appointed by the executive director of such organization.

(n) A representative of Justiceworks at the university of New Hampshire, appointed by the director of such organization.

(o) A representative of the division of educational improvement with expertise in special education, appointed by the commissioner of the department of education.

II. The term for task force members shall be coterminous with the member's term of office in his or her respective agency or organization. Vacancies in task force membership shall be filled as soon as practicable by the respective agency or organization creating the vacancy. A chairperson shall be elected from the membership of the task force. The first-named senate member shall call the first meeting within 60 days of the effective date of this section.

III. Members of the task force shall serve without compensation, except that the legislative members of the task force shall receive mileage at the legislative rate when attending to the duties of the task force.

IV. The task force members listed in subparagraph I(c)-(o) may employ the assistance of additional members of their respective agency or organization as necessary to assist with a task or project undertaken by the task force.

V. The task force may elicit input or recommendations from other groups or organizations as necessary.

(a) Research capacity issues for the state's juvenile justice system, the projected effect of including 17-year-olds under RSA 169-B, the juvenile delinquency statute, and any administrative changes that may simplify processing juveniles.

(b) Examine youth offender programs in other jurisdictions that serve certain juvenile and young adult offenders.

(c) Cooperate and collaborate with other state or private agencies as may be necessary to address the issues in subparagraphs (a) and (b), including considering input and recommendations from such state or private agencies on an ongoing basis.

(d) Conduct public hearings as may be necessary on matters pertaining to subparagraphs (a) and (b).

VII. The task force shall submit a detailed report of its findings, actions, and recommendations to the president of the senate, the speaker of the house, the governor, and the state library on or before July 1, 2003.

170:8 Contingent Renumbering. If SB 445-FN of the 2002 legislative session becomes law, then RSA 169-B:19, III-b as inserted by section 1 of that act shall be renumbered as RSA 169-B:19, III-c.