1. The Class of 1964 Policy Research Shop This report was written by undergraduate students at Dartmouth College under the direction of professors in the Rockefeller Center. Policy Research Shop (PRS) students produce non-partisan policy analyses and present their findings in a non-advocacy manner. The PRS is fully endowed by the Dartmouth Class of 1964 through a class gift in celebration of its 50 th Anniversary given to the Center. This endowment ensures that the Policy Research Shop will continue to produce high-quality, non-partisan policy research for policymakers in New Hampshire and Vermont. Establishing a Drug Dealer Registry in New Hampshire Presented by: Ray Lu, Jay Raju, and Rachel Scholz-Bright to the Criminal Justice and Public Safety Committee

2. The Class of 1964 Policy Research Shop Presentation Outline 1. Motivation 2. Sources and Outline 3. State-by-State Comparison 4. New Hampshire’s Proposed Registry 5. Information from Administrators 6. Information from Law Enforcement 7. Costs 8. Conclusion

3. The Class of 1964 Policy Research Shop HB 1603 Motivation Registry may help deter drug dealing Help local law enforcement to better police dealers and keep track of repeat offenders Provide a mechanism to address the alarming drug abuse problem in the state

4. The Class of 1964 Policy Research Shop Arrests Decreasing Nationally

5. The Class of 1964 Policy Research Shop Drug Arrests Decreasing Nationally

6. The Class of 1964 Policy Research Shop NH Drug Arrests Increasing

7. The Class of 1964 Policy Research Shop NH Overdose Deaths Increasing

8. The Class of 1964 Policy Research Shop Quantitative Data Sources FBI Crime Statistics Centers for Disease Control U.S. Department of Justice Recidivism Report Oklahoma, Tennessee, Illinois, Kansas, and Minnesota State Drug Offender Registries

9. The Class of 1964 Policy Research Shop Qualitative Data Sources Interviews Administrators of Registries in Other States Illinois, Tennessee, Oklahoma Oklahoma DEA 4 individuals interviewed

10. The Class of 1964 Policy Research Shop Qualitative Data Sources Media Reports News Oklahoma The Tennessean Tulsa World The Tribune Star The Nashville Scene Al Jazeera The Union Leader The Boston Globe

11. The Class of 1964 Policy Research Shop State Comparisons: Existing Registries 5 (IL, KS, MN, OK, TN) existing registries have 10 year registration periods 4 (IL, KS, MN, TN) publicly searchable 3 (IL, MN, OK) are methamphetamine manufacturer registries 2 (KS, TN) include all drug types TN: all felony drug offense KS: all manufacturers OK registry is only available to law enforcement and pseudoephedrine vendors

12. The Class of 1964 Policy Research Shop New Hampshire’s Proposed Registry 4 year registration period Law enforcement viewing only Includes dealing offense for all drugs Three-strike policy

13. The Class of 1964 Policy Research Shop Size of State Registries Number of individuals on state drug registry Tennessee: 11,902 (0.186% of population) Kansas: 3,672 (0.187%) Illinois: 1,251 (0.043%) Minnesota: 505 (0.037%) (Oklahoma registry is only searchable if full name and date of birth of individual is known)

14. The Class of 1964 Policy Research Shop Estimated Size of NH Registry 6,224 NH drug-related arrests in 2014 21.4% for trafficking (appx. 1,332 arrests) National rearrest rate for drug crimes: 75.4% NH Projection: appx. 1,004 rearrests National 3 times or more rearrest rate: 42.5% NH Projection: appx. 556 3 or more rearrests NH proposed registry Three-strikes and only dealing rearrests NH Projection: <500 people per year added

15. The Class of 1964 Policy Research Shop Registry Administration In Other States Illinois Methamphetamine Registry: State police department, one unit & one person Oklahoma Methamphetamine Offender Registry: OK State Bureau of Narcotics and Dangerous Drug Control, one person, infrastructure outsourced Tennessee Bureau of Investigation Clerk (full-time, $1,795 a month), only administrator

16. The Class of 1964 Policy Research Shop Consequences for Investigations Word of mouth and increased traffic Obstacles vary by city Larger cities (Laconia, Concord): Initial information Smaller cities (Colebrook, Bristol): Case- building Conclusion: Helpful to larger cities

17. The Class of 1964 Policy Research Shop Consequences for Deterrence Police: Little to no deterrence effect “If prison won’t work, why would this?” “If they’ve been arrested three times, what else will they do?”

18. The Class of 1964 Policy Research Shop Who Are the Dealers? Small-time dealer majority Addicts Career dealer minority NIU estimate: over 100 career dealers, mostly retired; “Get smart” Deterrence theory does not bear out Conclusion: Registry targets career dealers, who are difficult to track

19. The Class of 1964 Policy Research Shop 3 rd strike policy Plea Bargaining for “considerations” Necessary for drug investigations “Hard enough to get someone for dealing once!” Implications for a registry

20. The Class of 1964 Policy Research Shop Sex Offender Registry Comparison $70,000 set aside for expected litigation costs, based off existing sex offender registry Lawsuits: retroactive nature and long periods of registration Not applicable to prospectively exclusive, short (4-yr) duration of NH proposal Litigation costs likely to be less than $70,000

21. The Class of 1964 Policy Research Shop Registry Cost: Administrative and Litigation Based on the research, costs in practice may be smaller than anticipated Bill provides for 3 positions (2 administrative, 1 law enforcement) Other drug dealer registries require just one administrator Lower potential litigation costs Possible start-up and infrastructure costs

22. The Class of 1964 Policy Research Shop Conclusions Costs potentially lower than estimated Likely to avoid problems of over-inclusivity Targeted (3 rd strike, dealer only) Not as long term (4 years) Not publicly available Projection of <500 individuals Likely to help investigations Primarily in larger cities, not smaller cities Likely to have little deterrent effect