SB 508-FN - AS AMENDED BY THE HOUSE

9May2024... 1728h

2024 SESSION

24-2914

09/06

SENATE BILL 508-FN

AN ACT relative to the duties of the superintendent of the county department of corrections concerning mental health and substance use disorder screening of inmates and coordination for services upon reentry into the community and relative to enforcement of New Hampshire anti-discrimination laws as they relate to Jewish people.

SPONSORS: Sen. Whitley, Dist 15; Sen. Watters, Dist 4; Sen. Perkins Kwoka, Dist 21; Sen. D'Allesandro, Dist 20; Sen. Fenton, Dist 10; Sen. Altschiller, Dist 24; Sen. Prentiss, Dist 5; Sen. Carson, Dist 14; Sen. Chandley, Dist 11; Rep. Wheeler, Hills. 33

COMMITTEE: Judiciary

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AMENDED ANALYSIS

This bill requires the superintendent of the county department of corrections to require his or her contracted behavioral health treatment providers to use validated screening tools for mental health and substance use disorder and to, where such providers exist, permit licensed community-based treatment providers and certified recovery support workers who meet the security criteria for access to the facility to have contact with people in custody for the purpose of coordinating services upon reentry into the community.

This bill further defines antisemitism for the purpose of enforcing anti-discrimination laws on the basis of race, religion, or national origin.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

9May2024... 1728h 24-2914

09/06

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Four

AN ACT relative to the duties of the superintendent of the county department of corrections concerning mental health and substance use disorder screening of inmates and coordination for services upon reentry into the community and relative to enforcement of New Hampshire anti-discrimination laws as they relate to Jewish people.

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

1  New Paragraphs; County Departments of Corrections; Administration of Department of Corrections; Superintendent; General Duties and Powers.  Amend RSA 30-B:4 by inserting after paragraph VI the following new paragraphs:

VII. The superintendent of the county department of corrections shall require his or her contracted behavioral health treatment providers to use validated screening tools for mental health and substance use disorder.

VIII. The superintendent of the county department of corrections shall, where such providers exist and meet the security criteria for access to the facility, permit licensed community-based treatment providers and certified recovery support workers certified pursuant to RSA 330-C:19 to have contact with people in custody for the purpose of coordinating services upon reentry into the community.

2  New Subdivision; State Commission for Human Rights; Application and Enforcement of Anti-Discrimination Laws; Definition of Antisemitism.  Amend RSA 354-A by inserting after section 34 the following new subdivision:

Definition of Antisemitism in Anti-Discrimination Laws

354-A:35 Definition of Antisemitism. For purposes of this subdivision, the term “antisemitism" means the definition of antisemitism adopted on May 26, 2016, by the International Holocaust Remembrance Alliance (IHRA), including the examples of antisemitism set forth therein, and incorporated by reference in Presidential Executive Order Number 13899, 84 F.R. 68779, December 11, 2019.

354-A:36 Rule of Construction for Anti-discrimination Laws.

I. In reviewing, investigating, or determining whether there has been a violation of this chapter, RSA 651:6, I(f), or any law or regulation in the state of New Hampshire that prohibits discrimination on the basis of race, religion, creed, or national origin, and there is an allegation that the discriminatory conduct or practice targeted a group or an individual based on any actual or perceived connection to any aspect of Jewish identity, the relevant authorities charged with enforcing the relevant anti-discrimination statutes shall take into consideration the definition of antisemitism as part of the assessment of whether the alleged unlawful conduct or practice was motivated by antisemitic intent.

354-A:37 Applicability.

I. Nothing in this subdivision shall be construed to diminish or infringe upon any right protected under the First Amendment to the United States Constitution or Pt. I, Art. 22 of the constitution of the state of New Hampshire.

II.  Nothing in this subdivision shall be construed to diminish or infringe upon an individual's right to engage in legally protected conduct or expressive activity pertaining to any matter of United States foreign policy or international affairs.

III.  Nothing in this subdivision shall be construed to conflict with local, federal, or state discrimination laws.

IV.  Nothing in this subdivision shall be construed to alter the evidentiary requirements pursuant to which an agency or department makes a determination that conduct, including harassment, amounts to actionable discrimination, or to diminish or infringe upon the rights protected under any other provision of law.

V.  Nothing in this subdivision shall be construed to impair or otherwise affect the authority granted by law to a department or agency.

VI.  This subdivision is not intended to and does not create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the state, its departments, agencies, or entities, its officers, employees, or agents.

354-A:38 Departmental Compliance. For the purposes of complying with this subdivision, with regard to any governmental anti-discrimination training, education, or monitoring requirements enforcing anti-discrimination laws that protect against discrimination on the basis of race, religion, or national origin, the heads of each agency or department shall include the definition of antisemitism in all relevant materials and modules dealing with discrimination and tolerance on the basis of race, religion, or national origin.

3  Effective Date.  This act shall take effect January 1, 2025.

LBA

24-2914

12/1/23

SB 508-FN- FISCAL NOTE

AS INTRODUCED

AN ACT relative to the duties of the superintendent of the county department of corrections.

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

METHODOLOGY:

This bill requires the superintendent of the county department of corrections to require his or her contracted behavioral health treatment providers to use validated screening tools for mental health and substance use disorder and to, where such providers exist, permit licensed community based treatment providers who meet the security criteria for access to the facility to have contact with people in custody for the purpose of coordinating services upon reentry into the community.

The New Hampshire Association of Counties states they are unable to predict the fiscal impact due to uncertainties about provider participation, potential cost hikes, and unclear funding for service coordination, leading to unknown increases in county expenses from FY 2025 onward.

AGENCIES CONTACTED:

New Hampshire Association of Counties