CHAPTER 269

SB 262 – FINAL VERSION

03/09/06 1199s

19Apr2006… 1705h

05/24/06… 2375eba

2006 SESSION

06-2700

08/09

SENATE BILL 262

AN ACT establishing the position of an administrator of women offenders and family services within the department of corrections and establishing an interagency coordinating council on women offenders.

SPONSORS: Sen. Larsen, Dist 15; Sen. D'Allesandro, Dist 20; Sen. Hassan, Dist 23; Sen. Fuller Clark, Dist 24; Sen. Roberge, Dist 9; Rep. Price, Hills 26; Rep. Dowling, Rock 5; Rep. Houde-Quimby, Sull 1; Rep. E. Blanchard, Merr 10; Rep. Wall, Straf 7

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill establishes an administrator of women offenders and family services and an interagency coordinating council on women offenders.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03/09/06 1199s

19Apr2006… 1705h

05/24/06… 2375eba

06-2700

08/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT establishing the position of an administrator of women offenders and family services within the department of corrections and establishing an interagency coordinating council on women offenders.

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

269:1 New Sections; Administrator of Women Offenders and Family Services; Council Established. Amend RSA 21-H by inserting after section 14-a the following new sections:

21-H:14-b Administrator of Women Offenders and Family Services.

I. There is hereby created the position of administrator of women offenders and family services within the department of corrections. The administrator shall be responsible for programming and services for women offenders in the state adult correctional system including probation, parole, and state correctional facilities. The administrator of women offenders and family services shall be a classified position.

II. The administrator may:

(a) Establish goals and objectives for state correctional systems within the framework of the department’s philosophy, including planning, organizing, implementing, directing, and monitoring state gender-responsive programs and services, as well as developing policies, procedures, and standards for the provision of such programs and services. The administrator shall participate in the development, implementation, and review of all policies, directives, and standards that involve supervision of women offenders. The administrator shall also coordinate continuum and continuation of gender-responsive services to women offenders moving from one setting to another, and re-entering their communities.

(b) Write standards for, execute, and monitor all non-clinical contracts with service providers who work exclusively with women offenders. The administrator shall review and provide feedback on an ongoing basis on all clinical contracts and services for women offenders regarding consistency with contract language and gender-responsive principles.

(c) Establish and coordinate partnerships, and maintain working relationships within the department of health and human services, with other government agencies, with communities, and with community-based organizations, volunteers, advocacy groups, the academic community, and other external stakeholders.

(d) Provide supervision and technical assistance to the women’s facility warden and field managers regarding issues related to women offenders and gender-responsive programs, services, and practices. The administrator shall provide input into the evaluations of other facility wardens, field managers, and personnel relative to their roles in the supervision and provision of services for women offenders.

(e) Provide input regarding necessary data collection and evaluation to measure effective programming and supervision of women offenders. The administrator shall consult with and provide input with other directors regarding appropriate levels of staffing in both the field and institutions responsible for the management of women offenders. The administrator shall also confer with and make recommendations to the commissioner regarding women offender supervision and services,

oversee the planning, development, and implementation of training guidelines for staff working with women offenders, and recommend changes in duties assigned to casework and security staff who work with women offenders.

(f) Act as a resource in cases of staff sexual misconduct involving women offenders and provide input into personnel actions for addressing misconduct involving staff who work with women offenders and misconduct involving women offenders.

III. The administrator shall:

(a) Prepare budget recommendations regarding women offenders’ program services consistent with the departmental budget cycle. The administrator shall also engage in budget formation, grant applications, and resource allocation activities related to women offenders as assigned.

(b) Act as liaison to the interagency coordinating council for women offenders and the department of corrections.

21-H:14-c Interagency Coordinating Council for Women Offenders.

I. There is established an interagency coordinating council for women offenders.

II.(a) The members of the council shall be as follows:

(1) One member of the governor’s office, appointed by the governor.

(2) One member of the senate, appointed by the president of the senate.

(3) One member of the house of representatives, who shall be knowledgeable about county corrections, appointed by the speaker of the house of representatives.

(4) The executive councilor representing district 5/Goffstown.

(5) The commissioner of corrections.

(6) The warden of the state prison for women.

(7) The commissioner of health and human services, or designee.

(8) The director of division of children, youth, and families, or designee.

(9) The attorney general, or designee.

(10) The chief justice of the superior court, or designee.

(11) The chief justice of the supreme court, or designee.

(12) The commissioner of the department of education, or designee with knowledge of Title IX, Carl Perkins Grants, and other federal funding sources.

(13) One member from the Hillsborough county government, appointed by the New Hampshire Association of Counties.

(14) One former inmate of the state prison for women who is no longer under correctional supervision, appointed by the governor.

(15) A representative from the New Hampshire commission on the status of women, appointed by the governor.

(16) A representative from the New Hampshire Coalition Against Domestic and Sexual Violence, appointed by the governor.

(17) A representative from New Hampshire Task Force on Women and Addiction, appointed by the governor.

(18) A representative from the Citizens Advisory Committee of the New Hampshire State Prison for Women, appointed by the governor.

(19) A community member with knowledge of correctional practices with particular expertise with female offenders, appointed by the governor.

(b) Legislative members of the council shall receive mileage at the legislative rate when attending to the duties of the council.

III. The duties of the council shall be as follows:

(a) Identify opportunities for interagency cooperation in the effective management of female offenders.

(b) Develop memoranda of understanding outlining “in-kind” services or cooperation to provide services to incarcerated women and their children.

(c) Develop cross-training opportunities to foster understanding of system responses to the shared population across agencies of incarcerated women and their children.

(d) Develop gender-specific treatment for co-occurring conditions and a continuity of treatment from incarceration to community.

(e) Coordinate interagency case management and re-entry planning.

(f) Assess the impact of incarceration on family relations during and after incarceration.

(g) Apply for and administer federal and private sector grants for the furtherance of the

duties of the council and the development of gender-responsive, trauma-informed management of female offenders and their children.

IV. The council shall meet at least monthly during its first year, then at least quarterly thereafter. The members of the council shall elect a chairperson from among the members. The first meeting of the council shall be held within 45 days of the effective date of this section. The first meeting of the council shall be called by the senate member. The council shall convene at the call of the chairperson when deemed necessary by the chairperson.

V. The term of each member appointed under paragraph III who has a term of office shall be coterminous with his or her term in office. The terms of the remaining members shall be for 3 years. Vacancies shall be filled for the remainder of the term in the same manner and from the same group as the original appointment.

VI. The council shall report its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library annually on or before November 1.

269:2 New Classified Position; Funding. The position of administrator of women offenders and family services established under RSA 21-H:14-b, as inserted by section 1 of this act, shall be a classified position at labor grade 33. Funding for this position shall not affect the general fund appropriations reduction required in 2005, 176: 11. The funding for the administrator of women offenders and family services position shall be from the department of corrections’ fiscal year 2007 operating budget.

269:3 Effective Date. This act shall take effect July 1, 2006.

Approved: June 9, 2006

Effective: July 1, 2006