§ 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.

Legislative History

2016, 264:2, eff. June 15, 2016.