When house and senate lawmakers negotiate policy compromises at the end of legislative sessions, a perennial concern is how proposed laws affect the state's bottom line. That's not entirely the case, however, with one of this years most high profile bills -- a Governor Lynch-backed plan to get tough on those who commit sex offenses against minors.
Putting a number to what's know as the sexual predators act……is no easy task……The bill's fiscal note says the plan to stiffen and potentially impose mandatory minimum prison terms will increase state and county expenditures by an indeterminable amount……Ask top state officials to be any more exact about costs……and they tend to struggle.…….Here's Governor Lynch.
"It is hard to anticipate…"
And Attorney general Kelly Ayotte.
"Well, I don't really have a sense of that."
And Corrections Commissioner Bill Wrenn.
"Well, I'd have to look at the numbers again."
Among the numbers to look are at cost of incarceration. The state spends 28 thousand dollars a year per inmate on housing costs……..At present there are about 600 sex offenders serving time in a prison system that's already about 500 inmates over capacity…..Exactly how the new law might affect that is impossible to know…….Corrections Commissioner Wrenn says it's all but certain the new law will spell more people spending more time in prison…..Prior to leading corrections, Wren advocated for the bill……Now, he admits his main hope is that lawmakers understands that adopting it will mean he'll need more money.
"Obviously I want the legislature to stop this idea of, 'department of corrections you make this up in your own budget.' And if it's going to be increased time for sexual offenders than we need to have the money to support that and the facilities to support that. And right now we don't."
And corrections isn’t the only department that may have its hand out should the bill become law…...……
"All that could be said is that there are many points in the bill that could have a fiscal impact."
Howard Zibel is general counsel to the judicial branch……He says new costs to the court system will likely be significant……
"From the judicial branch point of view, we have calculated approximately 1700 dollars a day for a jury trial, just for our costs."
And under the bill, jury trials come into play more than just to determine a defendants guilt or innocence……..Juries will also be needed should the state seeks to civilly commit offenders after they've served their criminal sentences. Again Howard Zibel.
"I would envision that those would be hard fought and engender a lot of hearings and potentially a long trial because there is expert testimony to prove that somebody is a potentially dangerous sexual predator…..Those I think could be costly."
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And taxpayers must bear more than just the cost of the prosecution and judiciary……in many cases the, the state is also paying for the defense……The bill's fiscal note also includes costs to the NH Judicial council, which administers funding for court appointed defense lawyers….. The council says the cost of representing defendants facing mandatory minimum could vary from 25,000 to more than 50,000 dollars…….Currently, the state pays contract lawyers about 2300 dollars to represent defendants in sexual assault cases…..But under the bill, the council says that rate would have to be increased to at least 15,000 dollars…….Not all interested parties agree, however, that the measure will necessarily raise costs……Rockingham County Attorney Jim Reams believes bill the will increase prison spending, but he also says there might be some savings in the long run.
"There will be fewer victims…..and when we balance those costs…..the money saved by not having victims….will far outweigh whatever it cost to incarcerate people for a longer period of time."
Such arguments are sure to be aired as house and senate leaders negotiate the bill's fate……..House lawmakers though, voted overwhelmingly agianst the mandatory minimums favored by prosectors, the State Senate and Governor Lynch…….. Kingston Republican David Welch is chairman of the House Criminal Justice Committee.
"We're not going to do a minimum mandatory primarily for the reason of cost and also because not every crime is the same…….so if I'm one the committee I'm going to dig my heels in on that one."
The outcome of the house and senate negotiations remains to be seen, but key lawmakers from both chambers confirm that the Attorney General's office is drafting language intended to foster a compromise on the question of mandatory minimums…….Whether that's enough to satisfy Governor Lynch, remains another question……
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