HB 1518-FN – AS INTRODUCED
2012 SESSION
04/01
HOUSE BILL 1518-FN
AN ACT relative to penalties for certain sex offenders.
SPONSORS: Rep. Terrio, Hills 14
COMMITTEE: Criminal Justice and Public Safety
This bill increases the penalty for aggravated felonious sexual assault 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2360
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to penalties for certain sex offenders.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Sexual Assault and Related Offenses; Penalties. Amend RSA 632-A:10-a, I(b) to read as follows:
(b) Any provision of RSA 632-A:2 shall be sentenced to a maximum sentence which is not to exceed [20] 40 years and a minimum which is not to exceed 1/2 of the maximum.
2 Sexual Assault and Related Offenses; Penalties. Amend RSA 632-A:10-a, II to read as follows:
II. If a court finds that a defendant has been previously convicted under RSA 632-A:2 or any other statute prohibiting the same conduct in another state, territory or possession of the United States, the defendant [shall] may be sentenced to a maximum sentence [which is not to exceed 40 years and a minimum which is not to exceed 1/2 of the maximum] of life imprisonment and shall not be eligible for parole at any time.
3 Effective Date. This act shall take effect January 1, 2013.
LBAO
12-2360
12/06/11
HB 1518-FN - FISCAL NOTE
AN ACT relative to penalties for certain sex offenders.
FISCAL IMPACT:
The Judicial Branch, Judicial Council, Department of Justice, Department of Corrections, and New Hampshire Association of Counties state this bill may increase state and county expenditures by an indeterminable amount in FY 2013 each year thereafter. There will be no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Judicial Branch states this bill increases the maximum penalty for violations of RSA 632-A:2 from 20 years to 40 years. The Branch states this bill does not directly add any cases to the Branch’s caseload, however the increased penalty may result in more defendants going to trial. The Branch assumes if a new weighted caseload study was completed the cost of a complex felony case would increase due to increased jury trials resulting from more defendants going to trial because of the increased penalty. As a result, the Branch is not able to determine the increased costs associated with this bill.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures as the complexity of these types of cases and significant stakes of the accused require more time. The Council states if an individual is found to be indigent, for this type of case the flat fee of $2,282.50 for sexual assault charges is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $4,100 for a felony charge. The Council states in these types of cases the $4,100 cap is often exceeded. The Council states appeals are routine in these types of cases, resulting in additional costs that may be incurred. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The Department of Justice states sexual assault cases are typically prosecuted by county attorneys, passage of this bill will not increase the number of prosecutions handled by the Department. The Department states if this bill results in a minimal increase in criminal appellate work, this cost could be absorbed by the Department.
The Department of Corrections states it is not able to determine the fiscal impact of this bill because it does not have sufficient detail to predict the number of individuals who would be subject to this legislation. The Department of Corrections states the average annual cost of incarcerating an individual in the general prison population for the fiscal year ending June 30, 2010 was $32,492. The cost to supervise an individual by the Department’s division of field services for the fiscal year ending June 30, 2010 was $659.
The New Hampshire Association of Counties states to the extent individuals are detained longer in a county correctional facility prior to a trial, the counties may have increased expenditures. The Association is unable to determine the number of individuals who this might apply to determine an exact fiscal impact. The average annual cost to incarcerate an individual in a county correctional facility is approximately $35,000. There is no impact on county revenue.