HB 1270-FN - AS INTRODUCED

 

 

2024 SESSION

24-2054

09/10

 

HOUSE BILL 1270-FN

 

AN ACT relative to protective custody statutes.

 

SPONSORS: Rep. Schapiro, Ches. 16; Rep. Newell, Ches. 4; Rep. Thackston, Ches. 12; Rep. Eaton, Ches. 9; Sen. Fenton, Dist 10

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill amends the procedures that peace officers are to follow when they encounter someone who is both intoxicated and incapacitated by either alcohol or drugs.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

24-2054

09/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Four

 

AN ACT relative to protective custody statutes.

 

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

 

1  Public Safety and Welfare; Alcoholism and Alcohol Abuse; Treatment and Services.  Amend RSA 172-B:3, I to read as follows:

I. When a peace officer encounters a person who, in the judgment of the officer, is intoxicated or incapacitated as defined in RSA [172-B:1, X,] 172-B:1, IX and X, the officer may take such person into protective custody and shall take one of the [whichever of the] following actions [is, in the judgment of the officer, the most appropriate] to ensure the safety and welfare of the public, the individual, or both:

(a) Assist the person, if [he] the person consents, to [his] the person's home, an approved alcohol treatment program, or some other appropriate location; or

(b) Where possible, contact a family member or responsible adult and release the person to [some other person assuming] this individual who is willing to assume responsibility for the intoxicated or incapacitated person; or

(c) Lodge the person [in a local jail or county correctional facility] for said person's protection, for up to 24 hours in the county correctional facility or until the keeper of said [jail or] facility judges the person to be no longer intoxicated or incapacitated, releases the person to another person assuming responsibility for the intoxicated and incapacitated person, or if the person consents, to an alcohol or drug treatment program or access center.  If, in the judgment of the peace officer or the county correctional facility superintendent, or their designee, the person is experiencing a potentially life-threatening medical emergency, they may require the police agency to have the person cleared by the emergency room of a licensed general hospital prior to receiving said person.  The local jail or county correctional facility shall then admit the person.

2  Repeal.  RSA 172-B:3, II-IV, relative to protective custody for alcohol intoxication and incapacitation, are repealed.

3  Public Safety and Welfare; Alcoholism and Alcohol Abuse; Treatment and Services.  Amend RSA 172-B:3, V-VII to read as follows:

V. Notwithstanding any other provisions of law, whenever a person under 18 years of age who is judged by a peace officer to be intoxicated or incapacitated and who has not been charged with a crime is taken into protective custody, if no needed treatment is available, [his] the person's parent or guardian shall be immediately notified and such person may be held at a police station [or a local jail or a county correctional facility in a room or ward separate from any adult or any person charged with juvenile delinquency] until the arrival of [his] the person's parent or guardian. If such person has no parent or guardian in the area, arrangements shall be made to house [him] the person according to the provisions of RSA 169-D:17.

VI. If an intoxicated or incapacitated person in protective custody is lodged in a local jail or county correctional facility [his] the person's family, [or] next of kin, or a responsible party shall be notified as promptly as possible.  If the person requests that there be no notification, [his] the person's request shall be respected.

VII. A taking into protective custody under this section is not an arrest, however nothing in this section shall be construed so as to prevent [an] a peace or corrections officer [or jailer] from obtaining proper identification from a person taken into protective custody or from conducting a search of such person to reduce the likelihood of injury to the peace or corrections officer [or jailer], the person taken into protective custody, or others. No unnecessary or unreasonable force or means of restraint may be used in detaining any person taken into protective custody.

4  Public Safety and Welfare; New Hampshire Substance Use Disorder Services System; Treatment and Services.  Amend RSA 172:15, I to read as follows:

I.  When a peace officer encounters a person who, in the judgment of the officer, is intoxicated or incapacitated as defined in [RSA 172:1, XXVII,] RSA 172:1, XXVI and XXVII, the officer may take such person into protective custody and shall take one of the [whichever of the] following actions [is, in the judgment of the officer, the most appropriate] to ensure the safety and welfare of the public, the individual, or both:

(a)  Assist the person, if the person consents, to [his or her] the person's home, an approved drug treatment program, or some other appropriate location; or

(b)  Where possible, contact a family member or responsible adult and release the person to this individual who is willing to assume [some other person assuming] responsibility for the intoxicated or incapacitated person; or

(c)  Lodge the person [in a local jail or county correctional facility] for said person's protection, for up to 24 hours in the county correctional facility or until the keeper of said [jail or] facility judges the person to be no longer intoxicated or incapacitated, releases the person to another person assuming responsibility for the intoxicated or incapacitated person, or if the person consents, to a drug treatment program or access center.  If, in the judgment of the peace officer or the county correctional facility superintendent, or their designee, the person is experiencing a potentially life-threatening medical emergency, they may require the police agency to have the person cleared by the emergency room of a licensed general hospital prior to receiving said person.  The local jail or county correctional facility shall then admit the person.

5  Repeal.  RSA 172:15, II-IV, relative to protective custody for drug intoxication and incapacitation, are repealed.

6  Public Safety and Welfare; New Hampshire Substance Use Disorder Services System; Treatment and Services.  Amend RSA 172:15, V-VII to read as follows:

V.  Notwithstanding any other provisions of law, whenever a person under 18 years of age who is judged by a peace officer to be intoxicated or incapacitated and who has not been charged with a crime is taken into protective custody, the person's parent or guardian shall be immediately notified and such person may be held at a police station [or a local jail or a county correctional facility in a room or ward separate from any adult or any person charged with juvenile delinquency] until the arrival of his or her parent or guardian.  If such person has no parent or guardian in the area, arrangements shall be made to house him or her according to the provisions of RSA 169-D:17.

VI.  If an intoxicated or incapacitated person in protective custody is lodged in a local jail or county correctional facility [his or her] the person's family, [or] next of kin, or a responsible party shall be notified as promptly as possible.  If the person requests that there be no notification, the person's request shall be respected.

VII.  A taking into protective custody under this section is not an arrest, however nothing in this section shall be construed so as to prevent [an] peace or corrections officer [or jailer] from obtaining proper identification from a person taken into protective custody or from conducting a search of such person to reduce the likelihood of injury to the peace or corrections officer [or jailer], the person taken into protective custody, or others.  No unnecessary or unreasonable force or means of restraint may be used in detaining any person taken into protective custody.

7  Effective Date.  This act shall take effect 60 days after its passage.

 

LBA

24-2054

11/7/23

 

HB 1270-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to protective custody statutes.

 

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

 

 

Estimated State Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

Revenue

$0

$0

$0

$0

Revenue Fund(s)

None

 

Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Funding Source(s)

General Fund and Highway Fund

Various Government Funds

Appropriations

$0

$0

$0

$0

Funding Source(s)

None

 

• Does this bill provide sufficient funding to cover estimated expenditures? [X] No

• Does this bill authorize new positions to implement this bill? [X] No

 

Estimated Political Subdivision Impact - Increase / (Decrease)

 

FY 2024

FY 2025

FY 2026

FY 2027

County Revenue

$0

$0

$0

$0

County Expenditures

$0

Indeterminable

Indeterminable

Indeterminable

Local Revenue

$0

$0

$0

$0

Local Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

 

METHODOLOGY:

This bill amends the procedures that peace officers are to follow when they encounter someone who is intoxicated or incapacitated by either alcohol or drugs.

 

The Department of Safety indicates this bill will have an indeterminable impact on state, county and local expenditures for protective custody.  The Department assumes the costs for temporary shelter, supervision, and care for individuals deemed to be a danger to themselves or others, due to intoxication or drug-related issues will vary for each county or local facility.  The Department provided an estimated average daily protective custody cost of $150.

 

The New Hampshire Municipal Association states that currently, officers have discretion to take those who are impaired into protective custody in order to prevent them from committing acts that may directly or indirectly result in harm.  This bill would require that officers establish a greater probability of harm prior to taking action, which would require officers to spend more time on the scene with impaired individuals in order to ascertain whether they have the inclination to cause harm.  This will likely result in additional costs associated with officer pay and overtime as either more officers will be required on shifts where they are likely to encounter intoxicated individuals or officers will be required to spend additional time with intoxicated individuals.  The proposed change means that officers will be obligated to attempt one of the other two courses of action prior to bringing the person to the county correctional facility.  This will require additional time as the officer must pursue alternatives to the county correctional facility.  The Association does not believe that the bill's requirement relative to emergency medical care would add any additional costs as the Association is unaware of any municipal police force that does not obligate its officers to render aid to those experiencing potentially life-threatening medical emergencies.  The additional time spent with intoxicated individuals by police officers will dependent upon the facts and circumstances of the situation.  In some instances, the additional time and expense may be de minimis, but there could be circumstances where officers will be required to spend additional time with intoxicated or incapacitated persons.  As such, the increased costs associated with this bill are indeterminable.

 

The New Hampshire Association of Counties indicates, while most of the changes are technical in nature, a few changes standardize the policies already in place for both law enforcement and correctional facilities.  The Association states there would be no impact to county expenditures or revenues.

 

With an effective date of 60 days after passage, it is assumed that any fiscal impact would occur after FY 2024.

 

AGENCIES CONTACTED:

Department of Safety, New Hampshire Municipal Association and New Hampshire Association of Counties