SB353 (2006) Detail

Relative to registration of criminal offenders convicted of homicide.


SB 353-FN – AS AMENDED BY THE SENATE

02/23/06 0839s

2006 SESSION

06-2030

04/01

SENATE BILL 353-FN

AN ACT relative to registration of criminal offenders convicted of homicide.

SPONSORS: Sen. Gallus, Dist 1; Sen. Roberge, Dist 9; Rep. Morneau, Coos 4; Rep. Buzzell, Coos 4; Rep. Gionet, Graf 3

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill requires the adult parole board to maintain a list of addresses of offenders convicted of second degree murder and manslaughter and released into the community, and to notify a victim’s immediate family of an offender’s address. The bill also requires the victim’s immediate family to provide change of address information to the adult parole board.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/23/06 0839s

06-2030

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Six

AN ACT relative to registration of criminal offenders convicted of homicide.

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

1 Short Title. This act shall be known as the Diane Lemire Victims Rights Act.

2 New Section; Homicide; Notification of Release of Offenders into Community. Amend RSA 630 by inserting after section 3 the following new section:

630:3-a Notification of Release of Offenders into Community.

I. The official in charge of the release on probation, parole, conditional or unconditional release, completion of sentence, release from secure psychiatric care, or for any other reason, of any person convicted of second degree murder under RSA 630:1-b or manslaughter under RSA 630:2, shall obtain the address at which the offender expects to reside upon release and any subsequent change of address and shall, for as long as the offender is in the legal custody of the adult parole board, report such addresses to the adult parole board established in RSA 651-A:4. The adult parole board shall maintain a list of all offenders and shall, on a quarterly basis, inform the victim’s immediate family, in the order of priority set forth in paragraph II, of the address of the offender. Interested members of the public may obtain a copy of the list by request made to a local law enforcement agency.

II. The victim’s immediate family shall provide change of address information to the adult parole board. If no change of address information is submitted, the adult parole board shall forward the offender’s address information to the last known address of the victim’s immediate family. In this subparagraph, “immediate family” shall mean the victim’s spouse, child, sibling, or parent.

3 Parole of Prisoners; Adult Parole Board Duties. Amend RSA 651-A:4, III to read as follows:

III. In accordance with RSA 630:3-a, maintain a list of addresses of offenders released into the community, a list of change of address information for victims’ immediate family members, and provide notice to a victim’s immediate family; and

IV. Adopt rules, pursuant to RSA 541-A, relative to:

(a) The parole process, including the conduct of parole hearings;

(b) Criteria used to evaluate prospective parolees;

(c) Conditions for the conduct of parolees; and

(d) Procedures for revocation of parole.

(e) Procedures for medical parole.

4 Effective Date. This act shall take effect January 1, 2007.

LBAO

06-2030

Revised 1/3/06

SB 353 FISCAL NOTE

AN ACT relative to registration of criminal offenders convicted of homicide.

FISCAL IMPACT:

The Department of Safety stated this bill may have an indeterminable fiscal impact on state expenditures in FY 2007 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county and local revenue.

METHODOLOGY:

The Department stated this bill would require the Department to maintain a list of all individuals convicted of second degree murder, manslaughter, or negligent homicide who are released into the community, and to make the list available to local law enforcement and to the general public through the Department’s website. The Department is unable to estimate the impact on state expenditures because the number of individuals that have been and would be convicted of the above crimes is unknown. The size of the caseload would determine what would be needed to implement this bill. Costs may include new positions or a new computerized tracking system.