HB 373 – AS INTRODUCED
2005 SESSION
04/03
HOUSE BILL 373
AN ACT relative to eligibility for parole for nonviolent offenders with Immigration and Naturalization Service detainers or deportation orders, or a federal prison sentence.
SPONSORS: Rep. L. Elliott, Hills 1
COMMITTEE: Criminal Justice and Public Safety
This bill sets forth criteria for parole eligibility for nonviolent offenders with detainers or deportation orders from the Immigration and Naturalization Service, and for persons who have a pending federal prison sentence.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05-0042
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Five
AN ACT relative to eligibility for parole for nonviolent offenders with Immigration and Naturalization Service detainers or deportation orders, or a federal prison sentence.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Parole of Prisoners; Eligibility for Parole for Certain Persons with Federal Detainer or Deportation Orders or Federal Prison Sentence. Amend RSA 651-A by inserting after section 10-a the following new section:
651-A:10-b Eligibility for Parole; Persons with Detainers or Deportation Orders or Federal Prison Sentence.
I. A person convicted of a nonviolent offense under the laws of this state who has a valid, pending detainer or deportation order from the Immigration and Naturalization Service shall be immediately eligible for a parole hearing. If parole is denied, such person shall serve the sentence imposed in this state and shall be eligible for parole in the future according to the provisions of this chapter.
II. A person convicted of a nonviolent offense under the laws of this state who has a pending federal prison sentence shall be immediately eligible for a parole hearing. If parole is denied, such person shall serve the sentence imposed in this state and shall be eligible for parole in the future according to the provisions of this chapter.
III. In this section, “nonviolent offender” means a person convicted of an offense which did not involve the use of a deadly weapon or result in serious bodily injury or death to the victim. In this paragraph, “deadly weapon” and “serious bodily injury” shall have the meaning set forth in RSA 625:11, V-VI, respectively.
2 Effective Date. This act shall take effect January 1, 2006.