Bill expanding payments, eligibility for YDC abuse claims headed to governor

Senate Bill 591 would also increase the settlement payments, some by $1 million. (Annmarie Timmins | New Hampshire Bulletin)

This story was updated May 30, 2024 at 2:50 p.m. to include a statement from Attorney General John Formella.

Significantly more people abused at the former Youth Development Center would be eligible for compensation from the state under a bill headed to the governor’s desk. Senate Bill 591 , which cleared the Legislature Thursday, would also increase the settlement payments, some by $1 million.

The bipartisan legislation was supported by not only the Attorney General’s Office, which negotiates settlement amounts with victims, but also two attorneys who represent more than 1,000 victims. The lawyers said they would encourage clients to drop their lawsuits and settle with the state if the legislation becomes law.

Attorney General John Formella expressed confidence Thursday that Gov. Chris Sununu would sign the bill. “While each victim retains their choice as to how to proceed and the re-worked process may not work for every victim, we believe this new process will provide a good alternative to traditional litigation for the vast majority of victims,” Formella said in a statement.

Currently, the $100 million fund created in 2022 covers claims for only sexual and physical assault, and it caps awards at $1.5 million for sexual assault or a combination of sexual and physical assault and at $150,000 for physical abuse alone.

The legislation would create a new category for “egregious” sexual abuse, defined as “wanton or cruel” abuse, that goes beyond what most victims experience. Those claims would be capped at $2.5 million.

Victims of non-egregious sexual and “other” abuse, another new category, could be paid up to $1.5 million. Other abuse would include unlawful restraint, confinement, strip searches, and intentional infliction of emotional distress. The same cap would apply for claims of non-egregious sexual abuse alone.

If a victim filed a claim for only other abuse, the cap would be $250,000.

The bill would also add $60 million to the fund and extend the December deadline to file a claim by six months. It would not be retroactive.

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