HB 1589-FN - AS INTRODUCED
2024 SESSION
24-2265
11/08
HOUSE BILL 1589-FN
AN ACT establishing a veterans treatment court.
SPONSORS: Rep. Moffett, Merr. 4; Rep. Lynn, Rock. 17; Rep. Wallace, Rock. 8; Rep. Roy, Rock. 31; Sen. Abbas, Dist 22
COMMITTEE: Judiciary
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ANALYSIS
This bill establishes a veterans treatment court.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2265
11/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT establishing a veterans treatment court.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Implementation of Veterans Court. RSA 490-I:1 is repealed and reenacted to read as follows:
490-I:1 Implementation of Veterans Court.
I. A superior or circuit court shall establish at least one veterans court in one circuit court or superior court in each county. The veterans court shall adjudicate, depending on jurisdiction, misdemeanor and felony cases and monitor treatment of veterans and active duty military members with mental illnesses, substance abuse issues, housing instability or homelessness, job instability or unemployment, or a combination of the aforementioned, in an effort to help veterans avoid behavior that would otherwise result in criminal conduct. The chief justice of the superior court and the administrative judge of the circuit court may issue administrative orders regarding veterans courts in their courts.
II.(a) In this chapter, "veterans court" means a judicial intervention court based on the 10 key components listed in subparagraph (b).
(b) The 10 key veterans court components are:
(1) Integration of alcohol, drug treatment, and mental health services within the current justice system case processing.
(2) Use of a non-adversarial approach in which prosecution and defense counsel promote public safety while protecting participants' due process rights.
(3) Early identification of eligible participants and prompt placement in the veterans court.
(4) Access to a continuum of alcohol, drug, mental health, and other related treatment and rehabilitation services.
(5) Use of frequent alcohol and other drug testing to monitor abstinence.
(6) A coordinated strategy to govern veterans courts' responses to participants' compliance.
(7) Ongoing judicial interaction with each participant.
(8) Monitoring and evaluation to measure the achievement of program goals and gauge effectiveness.
(9) Continuing interdisciplinary education to promote effective veterans court planning, implementation, and operations.
(10) Partnerships among veterans courts, the Veterans Administration, public agencies, and community-based organizations to generate local support and enhance veterans courts' effectiveness.
III. When a veteran successfully completes their veterans court-required treatment and any other case requirements, an offender's case may be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the veterans court. This may include, but is not limited to, withholding criminal charges, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration.
IV. A successful veterans court participant may, at least one year after completion of all programs and conditions imposed by the court, petition for annulment of the charges, arrest, conviction, and sentence that relate to such person's entry into the veterans court. Nothing in this section shall otherwise supplant or supersede the annulment procedures of RSA 651:5.
V. There is established the office of veterans court coordinator within the administrative office of the superior court. The coordinator shall work with the chief justice of the superior court or their designee, the administrative judge of the circuit court or their designee, an attorney member representing the state's county attorneys, an attorney member of the New Hampshire public defender, an attorney member of the attorney general's office, the veteran's justice outreach coordinator or the equivalent who is or was already involved with a New Hampshire veteran's behavioral health track program, and the New Hampshire statewide treatment court coordinator, to determine how best to design, implement and administer all aspects of veterans courts, taking into account the specific treatment needs of veterans, sharable resources and reproducible designs of existing treatment courts, and the desired outcomes of a treatment court of this nature.
VI. The veterans court may convene a local committee made up of community members who can provide support for the veterans court.
VII. Where a veterans court participant charged with a felony offense must seek treatment through a circuit court drug or behavioral court in the same county, that veteran shall be allowed to participate in that drug or behavioral court even though jurisdiction shall continue to reside with the superior court. Where the veterans court judge is not the same judge overseeing a veteran's drug or mental health court treatment, the judges and treatment teams of both courts shall coordinate with one another to determine the veteran's best course of treatment and monitoring.
VIII. This section does not create a right of a veteran or service member to participate in veterans court.
490-I:2 Definitions.
In this subdivision:
I. "Best practices" means research-based, specific, practitioner-focused veterans court guidance published by the U.S. Department of Veterans Affairs, Substance Abuse and Mental Health Services Administration, National Association of Drug Court Professionals, and other relevant state and federal agencies and organizations.
II. "Coordinator" means the office of veterans court coordinator within the administrative office of the superior court.
III. "Veteran" mean:
(a) A member of the active or reserve components of the United States Army, United States Navy, Air Force, Marine Corps, Space Force or Coast Guard;
(b) A member of the New Hampshire National Guard;
(c) A current or former contractor for the United States Department of Defense; or
(d) A current or former military member of a foreign allied country.
IV. "Veterans court" means a veterans treatment court where any veteran, as defined in paragraph II of this section, may be enrolled, should they meet the criteria for admission.
V. Military sexual trauma (MST) means sexual assault or sexual harassment experienced during military service.
490-I:3 Eligibility.
A veteran may be eligible for veterans court if he or she has experienced military sexual trauma or has a service-related mental condition, service-related traumatic brain injury, service-related substance use disorder, or service-related psychological disorder. The specific eligibility, screening and admission criteria shall be determined as stated in paragraph I, V of this chapter.
490-I:4 Grant Program Created.
I. There is established a statewide veteran court grant program which shall provide state matching funds as appropriated to support veteran courts in state superior court districts.
II. The veterans court coordinator shall be responsible for developing an application process by which counties may apply for a state grant for any operational aspect of a veterans court. Subject to approval of the chief justice of the superior court and the administrative judge of the circuit court, the coordinator shall:
(a) Determine approval requirements of the New Hampshire veterans court checklists. Prior to accepting applications for grants, the approval checklists shall be posted on the judicial branch website. The checklists shall be updated on the website as revisions are made.
(b) Establish and periodically update best practices for operating veteran courts.
(c) Develop draft policies and procedures including a participant handbook, program outline, and implementation plan.
(d) Measure recidivism rates and other outcome measures.
(e) Evaluate compliance with relevant standards.
(f) Assist in creating veteran courts in counties seeking to implement or continue them.
(g) Assist counties in obtaining ongoing training.
490-I:5 Eligibility for Grants.
I. For the purpose of grants, each county shall be grouped into 3 categories: small, medium, and large, based on the number of court filings in each district and subject to annual review by the chief justice of the superior court and administrative judge of the circuit court. Coos, Carroll, and Sullivan counties shall initially be categorized as small. Grafton, Belknap, and Cheshire counties shall initially be categorized as medium. The districts of Hillsborough county superior court north and Hillsborough county superior court south, and Strafford, Merrimack, and Rockingham counties shall initially be categorized as large. Subject to available state appropriations, large counties and districts shall each be eligible for a grant of up to $245,000 per year; medium counties shall each be eligible for a grant of up to $150,000 per year; and small counties shall each be eligible for a grant of up to $100,000 per year. Grants shall be awarded on a first-come, first-served basis, but shall not be retroactive. Counties may apply for grants during the year and grants may be prorated for a portion of the year for the number of months the grant will be in effect for that year. Grants shall not be prorated based on the amount of appropriation available. Any state veterans court grant program funds which are not expended by a county at the end of the county's fiscal year shall be returned to the judicial branch administrative office of the superior court for deposit in the state general fund.
II. To be eligible for a state grant, a county operating a veterans court shall receive a recommendation for approval from the coordinator's office. Grants shall be paid by the administrative office of the courts following receipt of recommendations by the coordinator and final approval of the chief justice of the superior court. The coordinator shall determine how often approval shall be required and shall recommend subsequent grants when the currently operating veterans court establishes compliance with the New Hampshire veterans court approval checklist as promulgated by the coordinator.
III. A county shall be required to apply for a federal grant prior to any the submission of any state grant application. A county need only apply once. Any county that applied for a federal grant for veterans services before the effective date of this section shall not be required to apply again. In the event the county is awarded a federal grant or any other grant from a nonprofit organization designed to fund a veterans court or veterans services, the county shall be eligible for a state grant only after the federal or other nonprofit grant has expired. If the county does not receive a federal or other nonprofit grant for which it applied, then it shall be eligible to apply for a state grant.
IV. A county seeking to implement a veterans court may obtain a state grant for veterans court establishment, administration and operation after satisfying the conditions in paragraph III.
V. To obtain a state grant, a county shall:
(a) Submit a budget for the total cost of the program to the coordinator for review;
(b) Obtain draft policies and procedures from the coordinator, including a participant handbook or program outline and implementation plan, which the county may amend and return to the coordinator for consideration and approval;
(c) Obtain and complete veterans court or veteran offender program training as approved by the coordinator; and
(d) Establish that the veterans court is cost effective.
(e) Based on the information provided in subparagraphs (a)-(d), the office shall recommend court programming for final approval of the chief justice of the superior court and administrative judge of the circuit court. If the county's proposed court programming and required documentation is approved, the county shall receive the grant amount of 50 percent of the approved budget up to the amounts indicated in RSA 490-I:5, I for one year.
V. The judicial branch administrative office of the courts is authorized to expend from appropriated sums the amounts necessary to fund the grants certified by the office.
490-I:6 Report. Beginning with a report due on or before January 1, 2026, the office shall prepare an annual report on the activities, expenditures, operation and outcome measures for the veterans court grant program. The report shall include the information provided by each county and shall be presented by state superior court district and on a statewide basis. The report shall be forwarded to the speaker of the house of representatives, the president of the senate, and the office of the legislative budget assistant to be posted on the website of the office of the legislative budget assistant. If the required report is not provided by January 30 in any year, the veterans court grant program shall be suspended until such report is provided.
490-I:5 Veterans Court Special Account Fund. There is hereby established in the state treasury the veterans court special account fund. The funds may be comprised of public funds, gifts, grants, donations or any other source of funds, and shall be used for any relevant veterans court administrative purpose deemed appropriate by the chief justice of the superior court and the administrative judge of the circuit court. The fund shall be non-lapsing and shall be continually appropriated to the administrative office of the courts.
490-I:7 Appropriation. Until June 30, 2027, the necessary funds to implement and sustain the veterans court shall be appropriated from the general fund to the administrative office of the courts and deposited in the veterans court special account fund. For each biennium thereafter, appropriations of state general funds shall be made through the judicial branch biennial operating budget. If federal funds are available from are available in the veterans court special account fund, those funds shall be spent prior to state general funds. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
2 Application of Receipts; Veterans Court Special Account Fund. Amend RSA 6:12, I(b) by inserting after subparagraph (394) the following new subparagraph:
(395) Moneys deposited in the Veterans Court Special Account Fund as established in RSA 490-I:5.
3 Effective Date. This act shall take effect January 1, 2025.
24-2265
Revised 12/19/23
HB 1589-FN- FISCAL NOTE
AS INTRODUCED
AN ACT establishing a veterans treatment court.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
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Expenditures | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
Funding Source(s) | General Fund
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Appropriations | $0 | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | ||
Funding Source(s) | General Fund
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] Yes • Does this bill authorize new positions to implement this bill? [X] Yes | ||||||
METHODOLOGY:
This bill establishes a statewide Veterans Court Grant Program, the Office of Veterans Court Coordinator within the Administrative Office of the Courts, and the Veterans Court Special Account Fund. The bill appropriates general funds necessary to implement and sustain the program through June 30, 2027 after which appropriation of state general funds shall be made through the Judicial Branch operating budget. Grants to counties are categorized as small, medium and large based on the number of court filings in each district: large up to $245,000, medium up to $150,000 and small up to $100,000. A county shall be required to first apply for any federal grant that may be available.
The Judicial Branch states it currently administers small programs called the “Veterans Behavioral Health Track” in some Circuit Courts. The Branch indicates that there are currently nine veterans in Manchester and three in Nashua that are active in these programs. Both the Nashua and Manchester programs are administered by the same judge, who dedicates about ten hours a week of judicial time to do so. The Branch expects that bringing a similar program to other counties will increase expenditures for the Branch, but it is not known how much participation there may be in the other counties.
AGENCIES CONTACTED:
Judicial Branch