HB 1410-FN-LOCAL – AS AMENDED BY THE SENATE
04/20/06 1644s
2006 SESSION
04/09
HOUSE BILL 1410-FN-LOCAL
AN ACT relative to the addition of a disciplinary period to a minimum sentence and relative to the application of good time credits for prisoners transferred to the state prison.
SPONSORS: Rep. Dickinson, Carr 1; Rep. Patten, Carr 4; Rep. Babson, Carr 3; Rep. Phinizy, Sull 5; Rep. Stevens, Carr 4; Sen. Gallus, Dist 1; Sen. Boyce, Dist 4; Sen. Larsen, Dist 15; Sen. Green, Dist 6; Sen. Hassan, Dist 23
COMMITTEE: Criminal Justice and Public Safety
This bill specifies the procedures for applying a disciplinary period to a minimum sentence and for the application of good time credits for prisoners incarcerated in a county correctional facility who are transferred to the state prison.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/20/06 1644s
06-2293
04/09
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT relative to the addition of a disciplinary period to a minimum sentence and relative to the application of good time credits for prisoners transferred to the state prison.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Sentences and Limitations. Amend RSA 651:2, II-e to read as follows:
II-e. To the minimum sentence of every person who is sentenced to imprisonment for a maximum of more than one year shall be added a disciplinary period equal to 150 days for each year of the minimum term of the sentence, to be prorated for any part of the year. The minimum sentence to which the disciplinary period is added pursuant to this section shall include all periods of confinement prior to the imposition of sentence for which credit against the sentence is awarded pursuant to RSA 651-A:23. The presiding justice shall certify, at the time of sentencing, the minimum term of the sentence and the additional disciplinary period required under this paragraph. This additional disciplinary period may be reduced for good conduct as provided in RSA 651-A:22. [There shall be no addition to the sentence under this section for the period of pre-trial confinement for which credit against the sentence is awarded pursuant to RSA 651-A:23.]
2 New Paragraph; Parole of Prisoners; Credits for Good Conduct. Amend RSA 651-A:22 by inserting after paragraph V the following new paragraph:
VI. Upon sentencing to the state prison of any person who was held at a county correctional facility while awaiting trial or sentencing for the offense on which sentence was imposed, the county correctional facility shall forward to the commissioner a copy of such prisoner’s disciplinary record while confined in the county correctional facility. Within 30 days of the prisoner’s arrival at the state prison, the commissioner shall review the prisoner’s conduct record while incarcerated at the county correctional facility using the same standards and procedures specified in paragraphs I, II, and IV of this section. If, as a result of such review, the commissioner determines that the prisoner exhibited good conduct while incarcerated at the county correctional facility, the commissioner may reduce the additional disciplinary period applicable to such period of county confinement in accordance with paragraph III of this section.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
06-2293
Amended 5/2/06
HB 1410 FISCAL NOTE
AN ACT relative to the addition of a disciplinary period to a minimum sentence and relative to the application of good time credits for prisoners transferred to the state prison.
FISCAL IMPACT:
The Association of Counties and Department of Corrections state this bill, as amended by the Senate (Amendment #2006-1644s), may increase state and county expenditures by an indeterminable amount in FY 2007 and each year thereafter. There will be no fiscal impact on state, local, and county revenue or local expenditures.
METHODOLOGY:
The Department of Corrections states this bill revises the period of confinement to which disciplinary time can be imposed to include all periods of confinement prior to the imposition of a sentence, which may increase the length of time an individual is incarcerated under the supervision of the Department. The Department states it cannot determine the fiscal impact of this change; however, the average cost of incarcerating an individual in the general prison population for FY 2005 was $28,143.
The Association of Counties states this bill requires all county correctional facilities to send the Department of Corrections a copy of the disciplinary record of prisoners held at county facilities who are then transferred to the state prison, increasing county expenditures by an indeterminable amount for the cost of sending the reports.