SB 1-FN-A - AS INTRODUCED

2023 SESSION

23-0931

04/10

SENATE BILL 1-FN-A

AN ACT relative to the Sununu youth services center.

SPONSORS: Sen. Carson, Dist 14; Sen. Bradley, Dist 3; Sen. Innis, Dist 7; Sen. Gray, Dist 6; Sen. Ward, Dist 8

COMMITTEE: Judiciary

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ANALYSIS

This bill requires the closure of the Sununu youth services center, and sets out parameters for the contract for a replacement facility.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0931

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to the Sununu youth services center.

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

1  Statement of Findings.  The general court finds that:

I.  Placement in corrections settings can be harmful to children and lead to increased delinquency and adult criminal behavior.  It should therefore be reserved for those circumstances in which the safety of a child or of the community requires such confinement.

II.  Placement of children who are not serious violent offenders in settings other than the Sununu Youth Services Center (SYSC) complies with The Families First Act, P.L. 115-123, and the New Hampshire system of care established pursuant to 2019; 44 (SB 14), which prioritize community-based treatment of children.

III.  This act is in furtherance of these goals.

2  Department of Health and Human Services; Sununu Youth Services Center; Construction and Operation of a Replacement Secure Facility.  

I.  The department of health and human services shall be responsible to construct a secured treatment facility that is no more than 12 beds to replace the current Sununu youth services center (SYSC), with the capacity for a census of 18 in the event of a surge.  The department shall consult with any prospective community about the location and operation of any new or rehabilitated 12 bed facility, with the capacity for a census of 18 in the event of a surge.  The facility shall be operated by the department of health and human services.  The facility shall be designed to meet the unique needs of youth who are at the facility pursuant to RSA 169-B:14, detention; RSA 169-B:19, commitment; RSA 169-B:24, transfer to superior court; RSA 169-B:32 or RSA 651:17-a, service of adult sentence of incarceration at the youth development center; and RSA 169-A, the interstate compact on juveniles.  Upon opening, the facility shall be referred to as the youth development center as identified in RSA 169-B and RSA 621.  The facility census shall not exceed 12, or 18 in the event of a surge.  

II.  The department of health and human services, in collaboration with the department of administrative services, shall issue a request for proposal to procure a qualified design build architect on or before March 1, 2023, and shall collaborate to issue a request for proposal to select an architect and contractor to build the resulting construction project, and complete the project on or before November 1, 2024.  The SYSC shall be closed for incarceration, detention, or admission of any child upon the opening of the facility.

III.  The facility shall be designed to include:

(a)  A physical design that complements therapeutic and trauma-informed care of youth, including a home-like interior and exterior.

(b)  Designed to maximize staff visibility and proximity to youth, including administrative offices built within the secured facility in proximity to youth and staff.

(c)  Capacity to provide services to meet the medical, physical, and behavioral health needs of all potentially eligible youth.

(d)  Space for no more than 12 beds, with the capacity for a census of 18 in the event of a surge, including space with flexibility to meet the needs of all genders, safety and security, crisis stabilization, admissions, and discharges.

(e)  Adequate space to meet the educational needs of all youth including youth with special education needs.

(f)  Adequate space for indoor and outdoor recreation.

(g)  Capacity to meet the nutritional needs of all youth.

(h)  Necessary elements to be architecturally secure and equipped with video surveillance.

IV.  The facility programing and operations shall include:

(a)  Staff qualifications, standard job descriptions, and training that emphasize the treatment of youth with behavioral health challenges and considerable trauma histories applicable to the facility as well as for supporting youth in the community for flexible assignments based upon census changes.

(b)  Use of evidence-based practices, as defined in RSA 170-G:1, V-a, selected to match the needs of the population served at the facility.

(c)  Utilization of the uniform assessment, as specified in RSA 170-G:4-e, for all detained and committed youth to understand treatment needs and determine if a different level of care is indicated to meet the youth’s needs, and where problem behavior appears patterned, a functional behavior analysis to inform effective behavior interventions.

(d)  Provision of care management services by a care management entity, as established in RSA 135-F:4, to begin immediate wraparound support upon admission to plan for discharge.

(e)  Frequent visitation opportunities with family, opportunities to include family in activities and daily access to family through telephonic or video conferencing.

(f)  Educational programing and staffing that meets the individualized educational needs of youth, including youth with special education needs, creates meaningful educator-youth pairings, maintains connections with sending school districts, and which includes availability of Hi-SET preparation and testing as appropriate.

(g)  Integration of clinical sessions and recreational large muscle movement activities throughout the day.

(h)  Real-time access by the office of the child advocate, as established in RSA 21-V:4, II, to the electronic case management system used by the facility, regular access to youth placed in the facility under RSA 21-V:4, III, and video surveillance and general access to the facility pursuant to RSA 21-V:2, VII.

V.  The department of health and human services shall begin to implement the programming shifts in subparagraphs IV(a) through (h) immediately upon the effective date of this act, to be implemented while children remain at the SYSC until the new facility is operational.

VI.  The department of health and human services shall submit quarterly progress reports to the joint legislative committee on health and human services, established by RSA 126-A:13, and to the office of the child advocate established under RSA 21-V beginning no later than 60 days after the passage of this act, until such time as the facility is operational.  Each quarterly report shall include a statement indicating whether the reported progress is sufficient to meet the November 1, 2024 deadline for the opening of the facility.  In the event that sufficient progress to meet this deadline has not been made, the progress report shall include the reasons for any projected delay in meeting the November 1, 2024 deadline, a description of the efforts being undertaken to minimize any delay in the development and opening of the facility and projected completion date.  In addition, the quarterly progress reports shall include the following information:

(a)  Progress towards retaining an architectural consultant to design the plan for the facility;

(b)  Progress towards completion of the design for the facility;

(c)  Progress towards contracting with the company that will construct the replacement facility;

(d)  The anticipated date construction of the replacement facility will be completed; and

(e)  The anticipated date by which the replacement facility will be operational.

VII.  The governor, with the approval of the fiscal committee of the general court, may delay the November 1, 2024 project completion date under paragraph II for construction delays or other unforeseen circumstances provided any such delay be no more than 2 years.

3  Appropriation; Construction and Operation of a Replacement Secure Facility.  The sum of $15,000,000 for the fiscal year ending June 30, 2023 is hereby appropriated to the department of health and human services for the design and construction of the new secured youth development facility, as described in section 2 of this act.  Such funds shall be nonlapsing and continually appropriated to the department for the purposes of this act.  Of this amount, the governor shall determine if any remaining discretionary funds appropriated in the American Rescue Plan Act of 2021, Public Law 117-2 or any other federal funds can be used for this purpose and any remainder shall be general funds.  The governor is authorized to draw a warrant for the general fund share of said sum out of any money in the treasury not otherwise appropriated.

4  Operation Obligations of Sununu Youth Services Center and Replacement Facility.  

I.  Beginning 60 days after the effective date of this act, the department of health and human services shall report monthly to the fiscal committee, the chair of the house children and family law committee, and the chair of the senate health and human services committee the daily census including gender, committed and detained status, and charges involved, at the Sununu youth services center and the replacement facility when it opens.

II.  The replacement facility shall not be staffed for more than 12 youths.  If an emergency exists such that surge capacity of up to 6 additional youths is necessary, the department may admit up to 6 additional youths.  If an emergency exists such that the department admits up to 6 additional youths, the department shall report to the fiscal committee within 30 days the activation of surge capacity, the number of additional youths admitted and their gender, the specific charges involved, and the number of days the additional capacity was required.

III.  Effective with the expiration of the current contract with the state of Vermont, neither the Sununu youth services center nor the replacement facility shall enter into an agreement to serve children from another state or jurisdiction.

5  Delinquent Children; Release or Detention Pending Adjudicatory Hearing.  Amend RSA 169-B:14, I(e)(3) to read as follows:

(3)  Secure detention [shall not] may only be ordered:

(A)  For delinquency charges which may [not] form the basis for commitment under RSA 169-B:19, I(j);

(B)  When a petition does not allege a violation of RSA 262 or RSA 637, possession of a controlled drug without intent to sell under RSA 318-B, or any violation of RSA 634, RSA 635, RSA 641, or RSA 644, which would be a misdemeanor if committed by an adult; or

(C)  For a charge for which the juvenile could be committed pursuant to RSA 169-B:19, I(m) provided that the court makes express findings that such placement is necessary to protect the public from a substantial risk of serious bodily injury or from a substantial risk of significant loss, damage, or destruction of property.

6  2024 Version; Delinquent Children; Release or Detention Pending Adjudicatory Hearing.  RSA 169-B:14, I(e)(3) is repealed and reenacted to read as follows:

(3)  Secure detention shall not be ordered for delinquency charges which may not form the basis for commitment under RSA 169-B:19, I(j) or RSA 169-B:19, I(m) provided that for a charge for which the juvenile could be committed pursuant to RSA 169-B:19, I (m) the court must make express findings that such placement is necessary to protect the public from a substantial risk of serious bodily injury or from a substantial risk of significant loss, damage, or destruction of property.

7  New Subparagraph; Delinquent Children; Dispositional Hearing.  Amend RSA 169-B:19, I by inserting after subparagraph (l) the following new subparagraph:

(m)  Notwithstanding the provisions of RSA 169-B:19, I(l), a court may commit the minor to the custody of the department of health and human services for the remainder of minority:

(1)(A)  If the minor is found delinquent:

(i)  For an offense which would be a felony if committed by an adult, or

(ii)  For any offense which would be a felony or class A misdemeanor if committed by an adult if the minor has previously been adjudicated delinquent under this chapter for at least 3 offenses which would be felonies or class A misdemeanors if committed by an adult.  A court shall only commit a minor based on previous adjudications if it finds by clear and convincing evidence that each of the prior offenses relied upon was not part of a common scheme or factual transaction with any of the other offenses relied upon, that the adjudications of all of the prior offenses occurred before the date of the offense for which the minor is before the court, each of the offenses was adjudicated in the previous 18 months and the minor was represented at each stage of the proceedings, and

(B)  The court finds that there is no placement or set of supervision and treatment services other than secure confinement:

(i)  That will protect the public from a substantial risk of serious bodily injury, or

(ii)  That, given the seriousness of the minor's criminal conduct considered, constitutes the only reasonable disposition; or

(2)  Pursuant to a plea agreement entered into by a minor with consultation of counsel, and the court makes express findings that this disposition is in the best interest of the minor.

(3)  A court's finding pursuant to RSA 169-B:19, I(m)(1) or (2) shall only be sufficient to support secure confinement if it is made by clear and convincing evidence following either a stipulation by the parties or an evidentiary hearing at which the court's findings are supported by reliable evidence.  Further, the court's findings shall include written, case-specific findings which identify the evidence relied upon and the basis for the determination that secure confinement is necessary.  Commitment under RSA 169-B:19, I(m)(1) or (2) may only be made if the minor was represented by counsel at every stage of the proceedings.  

(4)  If there is a diagnosis or other evidence that a minor committed under RSA 169-B:19, I(m)(1) or (2) may have a serious emotional disturbance or other behavioral health disorder, the minor shall, with the consent of the minor and the minor's family, be referred to a care management entity pursuant to RSA 135-F:4, III.  The care management entity shall develop and oversee the implementation of a care plan for the minor, intended to reduce the period of commitment.  Commitment may include, but is not limited to, placement by the department of health and human services at a facility certified for the commitment of minors pursuant to RSA 169-B:19, VI, administrative release to parole pursuant to RSA 621:19, or administrative release consistent with the cap on youth development center population under RSA 621:10, provided that the appropriate juvenile probation and parole officer is notified.

8  Repeal.  2021, 91:329 and 91:330, relative to provisions for the closure date of the Sununu youth services center, are repealed.

9  Effective Date.  

I.  Section 6 of this act shall take effect January 1, 2024.

II.  The remainder of this act shall take effect upon its passage.  

LBA

23-0931

1/4/23

SB 1-FN-A- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the Sununu youth services center.

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

The Legislative Budget Assistant is still awaiting information from the Department of Health and Human Services and the Department of Administrative Services in response to this bill.  The information below is based on input provided by those departments in response to a similar bill.

METHODOLOGY:

This bill requires the Department of Health and Human Services to construct a secured treatment facility for juveniles, with a capacity for up to 12 beds and a surge capacity of 18 beds.  The facility shall be operated by the Department.  The bill stipulates time frames by which the project must be initiated and completed, as well as various design parameters.  Under current law, the existing Sununu Youth Services Center (SYSC) is scheduled to close on March 1, 2023.  This bill would delay the SYSC's closure until the opening of the new facility, which shall be no later than November 1, 2024.  The Department anticipates indeterminable cost savings compared to the current costs of the existing SYSC.

The Department of Administrative Services assumes that the design and construction of a new facility may take longer than the time frame established by the bill, with the project potentially not being completed until 2028.  Regardless of time frame, the Department estimates design costs of $3 million and construction costs of $22 million.

The bill provides for a $15 million appropriation in FY 2023 for the design and construction of the new facility.  The appropriation is to be funded first with federal American Rescue Plan Act (ARPA) or other federal funds, with any remainder coming from the state general fund.

AGENCIES CONTACTED:

Department of Health and Human Services and Department of Administrative Services