hb 0743

CHAPTER 286

HB 743 - FINAL VERSION

AN ACT transferring the department of youth development services to the department of health and human services.

SPONSORS: Rep. Lyman, Carr 5; Rep. Pantelakos, Rock 30; Rep. Wallner, Merr 24; Sen. McCarley, Dist 6; Sen. Wheeler, Dist 21

This bill restructures the department of youth development services as a unit of juvenile justice services within the department of health and human services.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT transferring the department of youth development services to the department of health and human services.

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

286:1 Purpose. All functions, powers, duties, personnel, records, property, and funds of the department of youth development services under RSA 621 and RSA 621-A, including the youth development center in Manchester and the youth services center in Concord, are hereby transferred to the department of health and human services. The commissioner of health and human services shall establish a division, office, or unit within the department for the administration of juvenile justice services, including but not limited to the administration of the youth development center and the youth services center. Any such division, office, or unit shall have the same status within the department as the unit of the department currently responsible for the administration of services to children and youth under RSA 170-G.

286:2 Governor's Commission on Alcohol and Drug Abuse Prevention, Intervention, and Treatment; Commission Established; Membership Changed. Amend RSA 12-J:1, III (a)(6) to read as follows:

(6) The [~~commissioner of the department of youth development services~~] director of the unit of juvenile justice services, department of health and human services.

286:3 New Paragraphs; Department of Health and Human Services; Juvenile Justice Services. Amend RSA 126-A:4 by inserting after paragraph II the following new paragraphs:

II-a. Notwithstanding any other provision of law to the contrary, the commissioner shall establish a division, office, or unit within the department for the administration of all juvenile justice services, including but not limited to the administration of the youth development center under RSA 621, the youth services center under RSA 621-A, and the supervision of juvenile probation and parole officers under RSA 170-G. Such division, office, or unit shall have the same status within the department as the unit of the department responsible for the administration of services to children and youth under RSA 170-G.

II-b. The commissioner shall administer the youth development center as provided in RSA 621 and the youth services center as provided in RSA 621-A.

286:4 New Paragraph; Rulemaking. Amend RSA 126-A:16 by inserting after paragraph II the following new paragraph:

II-a. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the management of the youth development center, the youth services center, and all other juvenile justice facilities and programs operated by the department and all persons connected with the youth development center, the youth services center, and all other juvenile justice facilities and programs operated by the department, and for the admission and care of children at the youth development center, the youth services center, and all other juvenile justice facilities and programs operated by the department.

286:5 Delinquent Children; Dispositional Hearing; Extended Jurisdiction. Amend RSA 169-B:19, III-a(a) to read as follows:

(a) Prior to the seventeenth birthday of a minor who had been adjudicated delinquent for committing a violent crime as defined in RSA 169-B:35-a, I(c), or who had been petitioned to court on 4 or more occasions and adjudicated delinquent in 4 separate adjudicatory hearings which alleged misdemeanor or felony offenses, the prosecutor or the department of health and human services may file a motion with the court to extend jurisdiction pursuant to RSA 169-B:4, V. [~~The department of youth development services may file a motion to extend jurisdiction for any minor committed to its custody pursuant to RSA 169-B:19, I(j).~~] The department of corrections shall be served a copy of the motion and be a party to the proceeding.

286:6 Review of Dispositional Orders in Juvenile Cases; Application for Review; Reference Removed. Amend RSA 169-G:2, I to read as follows:

I. The department of health and human services [~~or department of youth development services~~] may file with the clerk of the district court where the dispositional order was issued an application for review of the order by the review panel. The application shall be filed within 7 days after the date of the dispositional order, but not thereafter except for good cause shown. The filing of an application for review shall stay the implementation of the dispositional order.

286:7 Commission on Juvenile Justice; Commission Established; Reference to Department of Youth Development Services Removed. Amend RSA 169-H:1 to read as follows:

169-H:1 Commission Established. A commission on juvenile justice shall be established to receive certain reports from the department of health and human services [~~and from the department of youth development services~~]. The commission shall have the power to conduct hearings and to call witnesses and receive testimony regarding reports received from [~~either~~] the department. The commission shall consist of 5 members, one appointed by the governor, 2 members of the house of representatives, appointed by the speaker of the house, and 2 members of the senate, appointed by the senate president. No member of the commission shall be a state employee or a contractor with the state of New Hampshire.

286:8 Commission on Juvenile Justice; Quarterly Reports Replaced With Annual Report. RSA 169-H:2 is repealed and reenacted to read as follows:

169-H:2 Annual Report. The commissioner of the department of health and human services shall, no later than November 1 of each year, submit an annual report to the commission on juvenile justice, established for the purpose of receiving such reports, containing statistical analysis on the use of RSA 169-B, RSA 169-D, RSA 621, and RSA 621-A, and voluntary services programs. Such report shall include but not be limited to analysis of the youths served by the department during the year categorized by age, race, gender, petition type, and offense (for youth served pursuant to RSA 169-B, RSA 621, or RSA 621-A), the costs including transaction costs incurred for services, programs, and placements provided, parental reimbursement collected, the number of out-of-state placements and the cost and duration of such placement, the recidivism rates of youth committed to the youth development center, an analysis of staffing issues in relation to the ability of the department to deliver necessary services, and an identification of areas where services, programs, and placements for youth served pursuant to RSA 169-B, RSA 169-D, RSA 621, and RSA 621-A can be improved. The first such report shall be due September 1, 2001.

286:9 Parole of Delinquents; Purpose of Juvenile Parole. Amend RSA 170-H:1 to read as follows:

170-H:1 Purpose of Juvenile Parole. It is the intent of the general court that the juvenile parole system provide a means of rehabilitating delinquents who have been committed to the custody of the [~~administrator of the~~] department of [~~youth development services~~] health and human services, without continued incarceration. It is also the intent of the general court that the juvenile parole board and the [~~department of youth development services~~] department of health and human services, when administering this system, demonstrate recognition of the need to protect the public from criminal acts by juvenile parolees.

286:10 Parole of Delinquents; Eligibility for Release; Reference Change. Amend RSA 170-H:6, I(a) to read as follows:

(a) The [~~administrator~~] commissioner has determined that parole is in the best interest of the delinquent and the public and that further incarceration will be of no benefit; and

286:11 New Chapter Title; Youth Development Services Changed to Youth Services Center. Amend the title of RSA 621-A to read as follows:

286:12 Youth Services Center; Definitions Amended. Amend RSA 621-A:1 to read as follows:

I. "Commissioner" means the commissioner of the department of [~~youth development services~~] health and human services.

II. "Department" means the department of [~~youth development services~~] health and human services.

III. "Detention" means the care of a child in a physically restricted facility while awaiting further action by a court.

286:13 Youth Services Center; Powers and Duties of Commissioner. RSA 621-A:4 is repealed and reenacted to read as follows:

I. The commissioner shall maintain the youth services center for such purposes as the commissioner shall determine, which may include, but are not limited to, the purposes described in RSA 621-A:5.

(a) The discharge of any child admitted to the center when further detention is either unnecessary or undesirable.

(b) The return of the child to such custody as may be determined appropriate or as ordered by the court.

[I.] Children, subject to proceedings in juvenile court, may be admitted to the youth services center for temporary detention while awaiting disposition of the court pursuant to RSA 169-B:14, for educational services pursuant to RSA 186-C, RSA 169-B, RSA 169-C, or RSA 169-D, only upon prior approval of the commissioner.

[~~II. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:~~

~~(a) The discharge of any child admitted to the center when further detention is either unnecessary or undesirable; and~~

~~(b) The return of the child to such custody as may be determined appropriate or as ordered by the court.~~]

286:15 Youth Development Services; Advisory Board Name Change to Juvenile Justice Advisory Board. Amend the section heading of RSA 621-A:9 and RSA 621-A:9, I to read as follows:

621-A:9 [~~Department of Youth Development Services~~] Juvenile Justice Advisory Board Established.

I. There is hereby established a [~~department of youth development services~~] juvenile justice advisory board. The board shall act in an advisory capacity and make recommendations to the commissioner relative to programs and services provided to children [~~referred to the department pursuant to RSA 169-B~~] at the youth development center and the youth services center.

286:16 Juvenile Justice Advisory Board; Membership Changed. Amend RSA 621-A:9, II(c) to read as follows:

(c) The [~~commissioner~~] director of the [~~department~~] unit of [~~youth development~~] juvenile justice services within the department, who shall serve as an ex officio member.

286:17 New Subparagraph; Juvenile Justice Advisory Board; Member Added. Amend RSA 621-A:9, II by inserting after subparagraph (i) the following new subparagraph:

(j) One member of the house children and family law committee, appointed by the speaker of the house.

286:18 Duties of the Juvenile Justice Advisory Board; Reference Change. Amend RSA 621-A:11 to read as follows:

I. The advisory board shall act in an advisory capacity to assist the commissioner of the department of [~~youth development~~] health and human services relative to juvenile justice programs and services provided to children [~~who are referred to the department~~] at the youth development center and the youth services center. The board may also provide advice and input on fiscal and budgetary matters [~~within the department~~] related to such facilities, the availability of state and federal grants, business partnerships, and other funding sources available to the department for such facilities.

II. Beginning in December 2000, and annually thereafter, the board shall submit a written report to the speaker of the house, the president of the senate, and the governor detailing the activities of the board and any recommendations made by the board to the department relative to juvenile justice services.

286:19 Change from Department of Youth Development Services to Department of Health and Human Services. Amend the following RSA provisions by replacing "department of youth development services" with "department of health and human services": 169-B:19, I(j); 169-B:19, VI; 169-D:17, V(c); 170-H:2, IV-a; 170-H:2, V-a; 170-H:7; 170-H:13; 186-C:3-b, II(o); 186-C:19-a, I; 186-C:19-b, I(a); 186-C:20, I; 621:1, II; 621:3, II-a; 621:3, V-a.

286:20 Salary Deleted. Amend RSA 94:1-a, I, group O by deleting "commissioner, department of youth development services."

I. RSA 169-B:35, III(c), relative to department of youth development services' access to department of health and human services records.

II. RSA 169-H:3, relative to the annual report of the department of youth development services to the commission on juvenile justice.

III. RSA 621-A:2, relative to the establishment of the department of youth development services.

IV. RSA 621-A:3, relative to the appointment, qualifications, and compensation of the commissioner of youth development services.

VI. RSA 621-A:8, relative to the rulemaking authority of the department of youth development services.

286:22 Applicability. The restructuring of the department of youth development services as a unit of the department of health and human services shall occur within 60 days of the effective date of this act.