HB372 (2006) Detail

Relative to notification of interested parties in medical parole cases.


HB 372 – AS INTRODUCED

2005 SESSION

05-0041

04/09

HOUSE BILL 372

AN ACT relative to notification of interested parties in medical parole cases.

SPONSORS: Rep. L. Elliott, Hills 1

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes requirements for notifying interested parties of a medical parole hearing.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05-0041

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Five

AN ACT relative to notification of interested parties in medical parole cases.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Parole of Prisoners; Medical Parole. Amend RSA 651-A:10-a, II to read as follows:

II.(a) The administrative director of forensic and medical services, on behalf of an inmate, may petition the parole board for a hearing to determine if the inmate is eligible for medical parole and if the inmate is eligible, shall submit the parole plan to the parole board.

(b) All interested parties shall be notified of a medical parole hearing at least 36 hours prior to the hearing. Notification of a medical parole hearing by electronic mail, telephone, or fax shall be deemed sufficient if such notice is sent at least 36 hours prior to the hearing.

2 Parole of Prisoners; Notice of Hearings. Amend RSA 651-A:11 to read as follows:

651-A:11 Notice of Hearings.

I. The parole board shall establish a website, connected to the official state website, for posting notices of parole hearings. The office of information technology, established under RSA 4-D, shall assist the parole board in establishing and maintaining such website. Such notices, except for notices of medical parole hearings under RSA 651-A:10-a which shall be scheduled as quickly as practicable, shall be posted on the website at [At] least 15 and not more than 30 days prior to any parole hearing[, the adult parole board shall twice publish, in a newspaper of general circulation within the county where the offense occurred, a notice stating the intention of the person to seek parole. Said notice shall contain the name of the applicant and the date and location of the parole hearing]. The notices shall include, but not be limited to, the inmate’s name, birth date, the city or town in which the offense occurred, the city or town in which the prospective parolee intends to reside, and the location of the hearing. Such information shall be updated based on the findings of the parole board.

II. At least 15 and not more than 30 days prior to any parole hearing, the adult parole board shall send by first class mail to each chief of police and county attorney of the place where the offense occurred, where the person resided prior to conviction, or where the person intends to reside after release, a copy of the information described in paragraph I.

II-a. At least 15 and not more than 30 days prior to any parole hearing, the adult parole board shall send a copy of the information described in paragraph I by first class mail to the victim of the person seeking parole, or to the next of kin of such victim if the victim has died, if request for such notice has been filed with the board. The victim or next of kin so requesting shall keep the board apprised of his current mailing address.

III. The adult parole board shall conduct no parole hearing without first having met the notice requirements of this section.

IV. Notices of medical parole hearings may be made by electronic mail, telephone, or fax, as quickly as practicable and shall not be subject to the time requirements set forth in this section.

V. Information on parole hearings required under this section to be posted on the website shall remain on the website for at least 6 months if parole is granted, and for at least 90 days, if parole is denied.

3 Effective Date. This act shall take effect 60 days after its passage.