 Citizens for Criminal Justice Reform
News Alert
NH Lawmakers Study our Bill
to make the Department of Corrections
adopt formal administrative rules
January 19, 2019
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Watch for State House alerts from Citizens for Criminal Justice Reform each week. It's your chance to watch, learn and make a difference on the criminal law. Come to any hearing, sign in, and tell lawmakers why a bill matters for prisoners, parolees and their loved ones. You can also submit written testimony without speaking. Sorry we can't give you better lead time, but we usually find out on a Thursday night the schedule for the next week.
Key bill meetings are marked in red. CCJR will be there for those items. Our recent testimony on bills is at the bottom. To learn more about crime legislation, explore this amazing state website. http://www.gencourt.state.nh.us/ You'll get hooked.
Tuesday, Jan. 22 CRIMINAL JUSTICE AND PUBLIC SAFETY, Room 104, LOB 9:00 a.m. Subcommittee HB 201-FN, increasing penalties for buyers for trafficking in persons.
SENATE JUDICIARY, Room 100, State House
9:35 a.m. SB 51, establishing a commission to study expanding mental health courts statewide. 10:00 a.m. SB 36, creating a cause of action for certain constitutional deprivations of right. EXECUTIVE SESSION MAY FOLLOW
Room 204, LOB 10:00 a.m. Subcommittee work session on HB 134-FN, reducing the penalty for certain first offense drug possession charges. 11:00 a.m. Full committee work session on HB 218, relative to the use of deadly force by a law enforcement officer. 1:00 p.m. Subcommittee work session on HB 306, prohibiting the destruction of sexual assault evidence collection kits.
Wednesday, Jan. 23 EXECUTIVE DEPARTMENTS AND ADMINISTRATION, 306, LOB
9:00 a.m. Subcommittee work session on HB 229, relative to rulemaking requirements of the department of corrections.
JUDICIARY, Room 208, LOB
10:00 a.m. HB 153, relative to circumstances under which police officer disciplinary records shall be public documents
CRIMINAL JUSTICE AND PUBLIC SAFETY, Room 204, LOB
10:00 a.m. HB 486, relative to department of corrections procedures concerning the requirement for restoration of the voting rights of felons.
11:00 a.m. HB 637-FN, relative to criminal history background checks by employers and public agencies.
1:30 p.m. HB 609-FN, relative to penalties for possession or distribution of child erotica.
JUDICIARY, Room 208, LOB
10:00 a.m. HB 153, relative to circumstances under which police officer disciplinary records shall be public documents.
11:00 a.m. HB 286-L, relative to free inspection of records under the right-to-know law.
11:30 a.m. HB 396-FN-L, relative to delay or denial of records under the right-to-know law.
Thursday, Jan. 24 CRIMINAL JUSTICE AND PUBLIC SAFETY, Room 204, LOB
10:00 a.m. HB 491, relative to questioning and detaining suspects.
1:00 p.m. HB 518-FN, repealing certain statutes concerning reimbursement of cost of care by inmates.
TUESDAY, FEBRUARY 5 CRIMINAL JUSTICE AND PUBLIC SAFETY, Rooms 210-211, LOB **Please Note Room 1:00 p.m. HB 481-FN-A-L, relative to the legalization and regulation of cannabis and making appropriations therefor.
WEDNESDAY, FEBRUARY 6 CRIMINAL JUSTICE AND PUBLIC SAFETY, Room 204, LOB 1:00 p.m. Full committee work session on HB 481-FN-A-L, relative to the legalization and regulation of cannabis and making appropriations therefor.
Please pass HB 229 making Corrections get its policies adopted by lawmakers as rules
By Tom Adams, board member, Citizens for Criminal Justice Reform
Rep. Peter Schmidt, the prime sponsor of HB 229, introduced two similar bills for Citizens for Criminal Justice Reform in the last session, HB 192 and SB 373. My understanding is that Corrections Commissioner Helen Hanks supported SB 373, but she also asked for special funding in a non-budget year to hire someone to write administrative rules for the department. Both bills were studied for many months in committee. We would strongly support that funding as a line item in the proposed Corrections budget now in the Finance Committee. Yet, it is our position that the current applicable statutes need to be rewritten. Why?
RSA 21-H: 8 gives the DOC Commissioner all the power to administer the Department without the oversight of JLCAR because the Corrections Department is not required to get all of its internal policies, procedures or rules approved as administrative rules under RSA 541-A. Why is this so?
There appears to be a confusing language contained between RSA 21-H, II (b), which requires that the DOC Commissioner adopt all rules of the department, pursuant to RSA 541-A, and the Administration Procedures Act, and subsection RSA 21-III, which allows the DOC to adopt such reasonable internal practices and procedures, which shall not be considered rules subject to the provisions of RSA 541-A. This statute then lists a number of so-called internal topics exempted from legislative (JALCAR) oversight. In RSA 21- III there are examples of internal procedures, procedures and rules, which are exempted from oversight. This list is not inclusive.
The requirement that all DOC policies and procedures re to be governed by the Administrative Procedures Act, RSA 541-A, and the broad exception of so-called internal policies, procedures and rules leads to confusion and can create a contentious environment. How do internal rules differ from a rule of “general applicability”? How does one parse the term general applicability with the term internal? Why is DOC the only State Department that has broad discretion and latitude to enact internal policies, practices and rules, when other Departments of the State, including the State Police, have very few rules exempted for JLCAR oversight? What was the intention of the original sponsors of this broad exception? How does this exception comport with the intention of the NH Constitution, which in Article 8 of the NH Bill of Rights demands that all agents of government are to be accountable to the voters? The Administrative Procedures Art creates a system of accountability, which requires that a NH Department must gain the approval of JLCAR, and hold a hearing where the general public and professionals can make recommendations on proposed rules. This satisfies the intent of Article 8 of the NH Bill of Rights. (See attached relevant NH Statutes and NH Bill of Rights)
Last year under the leadership of Commissioner Helen Hanks, the Department of Corrections voluntarily submitted to rulemaking before the Joint Legislative Committee on administrative rules 100, 200, 300 and 400. That took a monumental effort, one that will have a long-term positive impact on prisoners and public interest. CCJR wants to ensure that all programs, including the sex offender treatment program, have public oversight under JALCAR through compliance with the Administration Procedures Act. (RSA 541-A).
We are pleased and grateful that Commissioner Hanks and her top administrators met this past December with Rep. Schmidt, Rep. Mark Proulx and three leaders from Citizens for Criminal Justice Reform. She explained that her staff members are in a continual process of updating their rules to align with policy. We are aware they have revised their chapter 400 rules and will soon issue a chapter 500. We greatly respect this important work. We plan to speak at the public hearings for both proposed new regulations. In the spirit of collaboration, our meetings will continue as we work on areas of joint interest
Our testimony today is simply to make sure that Corrections, as with other state agencies, goes through administrative rulemaking for all of its policies. We believe HB 229 would specifically require rulemaking for parole supervision, for probation supervision, for the sex offender treatment program inside the walls, for the placement of women in the secure psychiatric unit, and for the use of small counseling cages that resemble phone booths. None of those policies has administrative rules yet.
We believe HB 229 also applies to the community sex offender treatment program. We understand it is the position of Corrections that several state agencies share responsibility for supervising that program. It is our belief that HB 229 would give Corrections final responsibility for writing administrative rules that cover this form of community treatment. It is the appropriate agency.
CCJR is willing to work with the DOC and the Executive Departments and Administration Committee members to reach consensus on language that will achieve our desired outcome. This consensus building partnership helps the DOC meet its Mission and Core Values, which also include the promotion of positive relationships through cooperation and collaboration in partnership with others to achieve common goals.
Please kill HB 201
By Chris Dornin of Citizens for Criminal Justice Reform, 228-9610, cldornin@aol.com
The penalty for buying the services of an underage prostitute increased dramatically three years ago. It went from a misdemeanor of less than a year behind bars to a class B felony of up to seven years. In addition, the ex-prisoner has to go onto the sexual offender public registry and face a lifetime of unemployment or severe under employment. Lawmakers also barred the defense from claiming the underage prostitute lied about his or her age.
HB 201 would raise the maximum incarceration for these johns to 15 years, without any evidence the first massive increase was good policy. Lawmakers in 2016 wisely agreed to study the effects of HB 1218 before changing the law. It never happened. In fact, a growing body of research shows that many underage prostitutes market themselves without pimps and target their high school classmates. HB 201 would raise the maximum incarceration for these young johns to 15 years. It is most awkward to defend men or boys who buy the services of a prostitute. It is just too early for lawmakers to hike a penalty that may well be draconian.
HB 201 fails to target the real culprits, the adult pimps with a reasonable chance to know the age of a prostitute. The motives of these pimps are despicable. The large punishment hike in HB 201 seems about right for the pimps, but not for the johns. I say that with one caveat. The pimp may be underage too. Maybe even a homeless close friend of the prostitute just trying to be helpful.
Included with this testimony is a chart I promised last week showing the comparative punishments for prostitutes and johns by state. Sorry it's a bit out of date, but it shows most states imposed lesser punishments two years ago than New Hampshire. We may have the toughest penalties in the country today. HB 201 would more than double them.
Please direct any questions to Chris Dornin, co-founder, Citizens for Criminal Justice Reform, cldornin@aol.com- (603) 228-9610
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Please send in your membership dues.
Membership Levels
- Prisoner $2.00 per year
- Individual $10.00 per year
- Family $20.00 per year
- Life-Time $100.00
Renew Your Membership Now Click here
With almost 400 members it is an overwhelming task to contact each and every member on their annual renewal date. To simplify the membership fee system the board voted on March 28, 2017 to implement a new policy. We are asking every member “to submit their annual membership fee between January 1st and March 31st in order to maintain active member status. Since we are beyond the renewal window this year we are asking all of our members to send in their renewal fee now. Please take care of this as soon as possible.
Membership dues and generous donations allow our volunteers to continue the important work of criminal justice reform in New Hampshire. To renew your membership click on the icon above and choose the category that applies, Individual, Prisoner, Family or Organization. In the "Tell Us Where you Heard Us" block, please mention that you are renewing your membership.
Did you know that for a one time gift of $100.00 you can become part of the Life-Time Membership Club?
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January 2019 - We are actively seeking at least one additional board member and several committee members. Please click the purple icon to learn more about the open position. Click the blue Become a CCJR Volunteer icon below to email questions and/or volunteer.
There are several positions open in the following committees: Membership, Financial and Fundraising, Social Planning & Events, Public Relations, Litigation, Editorial and Public Relations. Some of these positions are posted now, others will be soon. You can also contact us for specific information. info@ccjrnh.org
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Help make a difference.
Become a member of CCJR-NH. Click here to join.
Yes!! I want to support New Hampshire Citizens for Criminal Justice Reform and become a member today!
When you join CCJR-NH you support the important work that we do and we keep you updated with newsletters and emails. You will also receive Action Alerts and updates on pending legislation and CCJR-NH campaigns on the local and national level. Your annual membership payment is vital to the ongoing work and effort of Citizens for Criminal Justice Reform.
Membership categories (other than Life-Time) are good for one year and are renewable annually. (Membership status is considered inactive without the payment of annual dues.)
NOTE: Membership lists are held strictly confidential and are tax-deductible.
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Renew Your Membership Now Click here
With almost 400 members it is an overwhelming task to contact each and every member on their annual renewal date. To simplify the membership fee system the board voted on March 28, 2017 to implement a new policy. We are asking every member “to submit their annual membership fee between January 1st and March 31st in order to maintain active member status. Since we are beyond the renewal window this year we are asking all of our members to send in their renewal fee now. Please take care of this as soon as possible.
Membership dues and generous donations allow our volunteers to continue the important work of criminal justice reform in New Hampshire. To renew your membership click on the icon above and choose the category that applies, Individual, Prisoner, Family or Organization. In the "Tell Us Where you Heard Us" block, please mention that you are renewing your membership.
Did you know that for a one time gift of $100.00 you can become part of the Life-Time Membership Club?
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We the People Can - You can work for smarter crime laws. By Tom Adams, NH CCJR board member
YES – You can make a difference passing fair laws and regulations about crime and the Department of Corrections. Your family members and friends on the outside can improve your life by helping Concerned Citizens for Criminal Justice Reform. Our strength comes from our members and other concerned voters who work for smarter crime laws. Everything starts with the legislative web page: https://www.gencourt.state.nh.us.
Then find the link to your home town representative:
www.gencourt.state.nh.us/house/members/default.aspx
Here you can find your rep’s name, contact information, and assigned house committees. Using the menu at the top of the page, you can also find a bill’s sponsors, its complete text, its assigned committee and the members of that committee. They are responsible for killing or recommending action on bills to the full House of Representatives.
Here’s a link to find your senator: https://gencourt.state.nh.us/sen…/members/senate_roster.aspx
You can quickly find senator’s name, contact information and assigned committees, usually five of them. Using the menu at the top of this page, you can locate a Senate bill’s sponsors, its complete text, its committee and its five members. They suggest action on each bill to the full Senate. Then go to the latest House and Senate calendars which come out every Thursday. They will list the time of every upcoming bill hearing that week and the meeting room. You can also find the website for every piece of legislation, listing future meetings on the bill and the outcomes of past meetings. And we’ll be sending legislative alerts by email to prison family members. Have them check in with us. If you wish to testify on a bill by letter, send your comments to us as soon as possible, and we’ll give them to the right committee members when we testify on bills you care about.
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Have you heard that Amazon will donate 0.5% of your purchase to Citizens for Criminal Justice Reform? Just use our LINK or CLICK on the Amazon picture. When Amazon opens, look in the upper left corner and you should see Amazon Smile & Supporting: Citizens for Criminal Justice Reform. You get the same deals and prices and/or Amazon Prime Membership Benefits and we get a small donation. Click on the above picture or go to http://amazon.ccjrnh.org/
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