DRUG COURTS AND ALTERNATIVE DRUG OFFENDER GRANT PROGRAM

RSA tit. LI, ch. 490-G

in effect

RSA 490-G:1 Purpose; Policy and Goals.

490-G:1. Purpose; Policy and Goals. I. The legislature recognizes that a critical need exists in this state for the criminal justice system to reduce the incidence of substance abuse and the crimes resulting from it. For the criminal justice system to maintain credibility, all drug offenders must be held accountable for their actions. A growing body of research demonstrates the impact of substance abuse on public safety, personal health and health care costs, the spread of communicable disease, educational performance and attainment, work force reliability and productivity, family safety, and financial stability. Requiring that accountability and rehabilitating treatment, in addition to or in place of, conventional and expensive incarceration, will promote public safety, the welfare of the individuals involved, reduce the burden upon the public treasury and benefit the common welfare of this state. The goals of this chapter shall include: (a) To enhance community safety and quality of life for citizens; (b) To reduce recidivism; (c) To reduce substance abuse; (d) To increase the personal, familial, and societal accountability of drug offenders; (e) To restore drug offenders to productive, law-abiding, and taxpaying citizens; (f) To promote effective interaction and use of resources among criminal justice and community agencies; (g) To reduce the costs of incarceration; and (h) To improve the efficiency of the criminal justice system by enacting an effective methodology. II. While working in drug court reshapes the traditional roles of judges and lawyers, ethical duties do not significantly differ from those in traditional courtrooms. Drug court judges and lawyers must adhere to the standards set forth in the Model Code of Judicial Conduct, the Model Rules of Professional Conduct, the American Bar Association Standards of Criminal Justice, and the Model Drug Offender Accountability and Treatment Act. The proper exercise of the roles of judge or lawyer in the drug court need not conflict with the professionals' ethical obligations and can enable judges and attorneys to fulfill the highest aspirations of their professional ethics while embarking on an innovative way to break the cycle of substance abuse and crime. Drug court judges and attorneys must remain continually cognizant of the due process rights guaranteed to all citizens and the state's substantial interest in maintaining effective and efficient judicial and penal systems. Source. 2012, 218:1, eff. Jan. 1, 2013.

RSA 490-G:2 Implementation of Drug Courts.

490-G:2. Implementation of Drug Courts. I. (a) Each superior or circuit court may establish one or more drug courts under which drug offenders may be processed to address appropriately an identified substance abuse problem. "Drug court" means a judicial intervention process that incorporates and substantially complies with the Ten Key Components listed in subparagraph (b) and may include: (1) "Pre-adjudication" where a drug offender is ordered to participate in drug court before charges are filed or before conviction; (2) "Post-adjudication" where a drug offender is ordered to participate in drug court after entering a plea of guilty or nolo contendre or having been found guilty; (3) "Reentry" where a drug offender is ordered to participate in drug court upon release from a sentence of incarceration; or (4) "Combination program" which may include pre-adjudication, post-adjudication, and/or reentry. (b) "Ten Key Components" as outlined in the Model Drug Offender Accountability and Treatment Act and as defined by the United States Department of Justice, are: (1) Drug courts integrate alcohol and other drug treatment services with justice system case processing; (2) Using a nonadversarial approach, prosecution and defense counsel promote public safety while protecting participants' (drug offenders') due process rights; (3) Eligible participants (drug offenders) are identified early and promptly placed in the drug court program; (4) Drug courts provide access to a continuum of alcohol, drug, and other related treatment and rehabilitation services; (5) Abstinence is monitored by frequent alcohol and other drug testing; (6) A coordinated strategy governs drug court responses to participants' (drug offenders') compliance; (7) Ongoing judicial interaction with each drug court participant (drug offender) is essential; (8) Monitoring and evaluation measure the achievement of program (drug court) goals and gauge effectiveness; (9) Continuing interdisciplinary education promotes effective drug court planning, implementation, and operations; and (10) Forging partnerships among drug courts, public agencies, and community-based organizations generates local support and enhances drug court effectiveness. II. Upon successful completion of a program recommended by the drug court, a drug offender's case may be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the drug court. This may include, but is not limited to, withholding criminal charges, dismissal of charges, probation, deferred sentencing, suspended sentencing, split sentencing, or a reduced period of incarceration. III. A person sentenced by a drug court may, at least one year after successful completion of all programs and conditions imposed by the drug court, petition for annulment of the charges, arrest, conviction, and sentence that relate to such person's entry into the drug court. IV. The drug court may convene a local steering committee made up of community leaders who can provide support for the drug court. Source. 2012, 218:1, eff. Jan. 1, 2013.

RSA 490-G:3 Definitions.

490-G:3. Definitions. In this subdivision: I. "Alternative drug offender program" means a program offered by a county as an alternative to operating a drug court for nonviolent offenders including diversion programs and programs utilizing intensive probation, random drug testing, and evidence-based cognitive therapy. II. "Best practices" means research-based, specific, practitioner-focused drug court guidance published by the National Association of Drug Court Professionals. For alternative drug offender programs, best practices include evidence-based programs which divert nonviolent offenders out of the criminal justice system or utilize intensive probation supervision, sanctions, and behavior therapy to address behavior. III. "Office" means the office of drug offender program coordinator within the administrative office of the superior court. IV. "Drug court" means drug courts as described in RSA 490-G:1 and RSA 490-G:2. Source. 2016, 264:2, eff. June 15, 2016.

RSA 490-G:4 Grant Program Created.

490-G:4. Grant Program Created. I. There is established a statewide drug offender grant program which shall provide state matching funds as appropriated to support drug courts or alternative drug offender programs in state superior court districts. The grant program shall be available to counties operating either a drug court or an alternative drug offender program prior to the effective date of this section, and to counties that have not yet implemented a drug court or an alternative drug offender program. A county shall be eligible for a drug court or an alternative drug offender grant, but not both. Beginning in fiscal year 2018, the statewide drug offender grant program shall continue as long as it is funded through appropriations in the state operating budget. II. There is established the office of drug offender program coordinator within the administrative office of the superior court. The office shall be responsible for developing an application process by which counties may apply for a state grant and evaluating the operating drug courts and alternative drug offender programs. Subject to approval of the chief justice of the superior court, the office shall: (a) Determine approval requirements including the New Hampshire drug court and alternative drug offender program approval checklists. Prior to accepting applications for grants, the approval checklists shall be posted on the judicial branch website. The checklists shall be updated on the website as revisions are made. (b) Establish and periodically update best practices for operating drug courts and alternative drug offender programs. (c) Develop draft policies and procedures including a participant handbook, program outline, and implementation plan. (d) Measure recidivism rates and other outcome measures. (e) Evaluate compliance with relevant standards. (f) Assist in creating drug courts or alternative drug offender programs in counties seeking to implement or continue either of them. (g) Assist counties in obtaining ongoing training. III. A county operating a drug court or alternative drug offender program which is not funded by the judicial branch pursuant to RSA 592-B:9, or which seeks to establish such a program, may be eligible for a state grant which shall pay 50 percent of the cost up to the amounts indicated in RSA 490-G:5, I from funds administered by the administrative office of the superior court. The remaining cost shall be funded by the county. Source. 2016, 264:2, eff. June 15, 2016.

RSA 490-G:5 Eligibility for Grants.

490-G:5. Eligibility for Grants. I. For the purpose of grants, the superior court districts of each county shall be grouped into 3 categories: small, medium, and large, based on the number of court filings in each district and subject to annual review by the chief justice of the superior court. Coos, Carroll, and Sullivan counties shall initially be categorized as small. Grafton, Belknap, and Cheshire counties shall initially be categorized as medium. The districts of Hillsborough county superior court north and Hillsborough county superior court south, and Strafford, Merrimack, and Rockingham counties shall initially be categorized as large. Subject to available state appropriations, large counties and districts shall each be eligible for a grant of up to $245,000 per year; medium counties shall each be eligible for a grant of up to $150,000 per year; and small counties shall each be eligible for a grant of up to $100,000 per year. Grants shall be awarded based on the date of program approval on a first-come, first-served basis, but shall not be retroactive. Counties may apply for grants during the year and grants may be prorated for a portion of the year for the number of months the grant will be in effect for that year. Grants shall not be prorated based on the amount of appropriation available. Any state drug offender grant program funds which are not expended by a county at the end of the county's fiscal year shall be returned to the judicial branch administrative office of the superior court for deposit in the state general fund. II. To be eligible for a state grant, a county operating either a drug court or an alternative drug offender program which is not funded by the judicial branch pursuant to RSA 592-B:9 shall receive a recommendation for approval from the office. Grants shall be paid by the administrative office of the superior court following receipt of recommendations by the office and final approval of the chief justice of the superior court. The office shall determine how often approval shall be required and the office shall recommend subsequent grants when the currently operating drug court or alternative drug offender program establishes compliance with the New Hampshire drug court or alternative drug offender program approval checklist as promulgated by the office. III. A county without a drug offender program which seeks to implement either a drug court or an alternative drug offender program shall first apply for a federal grant for the purpose of establishing a program. A county shall be required to apply for a federal grant only once. Any county that applied for a federal grant before the effective date of this section shall not be required to apply again. In the event the county is awarded a federal grant, or any other grant from a nonprofit organization, designed to fund a drug court or alternative drug offender program, the county shall be eligible for a state grant only after the federal or other nonprofit grant has expired. If the county does not receive a federal or other nonprofit grant for which it applied, then it shall be eligible to apply for a state grant. IV. (a)(1) A county seeking to implement either a drug court or an alternative drug offender program may obtain a state grant for the purpose of establishing a program after satisfying the conditions in paragraph III. To obtain a state grant, a county shall: (A) Submit a budget for the total cost of the program to the office for review; (B) Obtain from the office draft policies and procedures, including a participant handbook or program outline and implementation plan, which the county may amend and return to the office for consideration and approval; and (C) Obtain and complete drug offender program training as approved by the office. (2) Based on the information provided in subparagraphs (1)(A)-(C), the office shall recommend programs for final approval of the chief justice of the superior court. (b) If the county's proposed program and required documentation is approved, the county shall receive the grant amount of 50 percent of the approved budget up to the amounts indicated in RSA 490-G:5, I for one year. (c)(1) An alternative drug offender program may be established either separately or jointly with another county for high risk and high or moderate need offenders. The grant amount available to counties applying jointly shall be the sum of the amounts each county would be eligible for separately. The alternative drug offender program developed shall be evidence-based, cost effective, and shall employ the use of an evidence-based risk/need assessment to determine participant eligibility. For counties to be eligible for a state grant, they shall obtain approval from the office of the drug offender program coordinator. Alternative drug offender programs shall comply with the requirements of subparagraph (a). (2) Before obtaining a state grant, a county shall apply for federal grants that may be applicable for the alternative drug offender program. If denied, the county may be eligible for the state grant pursuant to the conditions of this section. If the county obtains a federal grant, it becomes eligible for the state grant only after the federal grant has been exhausted. The county shall be required to apply for a federal grant only once. (d) To receive funding for subsequent years, the county shall obtain approval from the office. The office shall determine how often approval shall be required. Subject to final approval by the chief justice of the superior court, the office shall grant approval if the county: (1) Establishes compliance with the New Hampshire alternative drug offender program approval checklist as promulgated by the office; and (2) Provides a complete accounting of program activities, expenditures, and outcome measures for the past year including, but not limited to, the number of participants, number of graduates, and the number of recidivists; and (3) Establishes that the program is cost effective. V. The judicial branch administrative office of the superior court is authorized to expend from appropriated sums the amounts necessary to fund the grants certified by the office. Source. 2016, 264:2, eff. June 15, 2016.

RSA 490-G:6 Report.

490-G:6. Report. Beginning with a report due on or before January 1, 2018, the office of drug offender program coordinator shall prepare an annual report on the activities, expenditures, and outcome measures for the drug offender grant program, and the operation of drug courts or alternative drug offender programs. The report shall include the information provided by each county and shall be presented by state superior court district and on a statewide basis. The report shall be forwarded to the speaker of the house of representatives, the president of the senate, and the office of the legislative budget assistant to be posted on the website of the office of the legislative budget assistant. If the required report is not provided by January 30 in any year, the drug courts and alternative drug offender grant program shall be suspended until such report is provided. Source. 2016, 264:2, eff. June 15, 2016.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-LI-490-G.htmFetched: 10/20/2026