HB703 (2007) Detail

Relative to day reporting programs in the county department of corrections.


CHAPTER 149

HB 703 – FINAL VERSION

2007 SESSION

07-0649

04/10

HOUSE BILL 703

AN ACT relative to day reporting programs in the county department of corrections.

SPONSORS: Rep. Gionet, Graf 3; Rep. L. Hammond, Graf 11; Rep. Charron, Rock 7; Rep. Harding, Graf 11; Rep. Almy, Graf 11; Sen. Gallus, Dist 1

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill allows the superintendent of a county correctional facility to establish a day reporting program as an alternative to incarceration.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

07-0649

04/10

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seven

AN ACT relative to day reporting programs in the county department of corrections.

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

149:1 Discretionary Sentences. Amend RSA 651:19 to read as follows:

651:19 Release for Purpose of Gainful Employment, Rehabilitation, or Home Confinement. A sentencing court may order any person who has been committed to a correctional institution other than state prison under a criminal sentence may be released therefrom for the purpose of obtaining and working at gainful employment, for the performance of uncompensated public service as provided in RSA 651:68-70, under the terms of a day reporting program, provided the correctional facility has a day reporting program, or to serve the sentence under home confinement, provided the correctional facility has a home confinement program. If the superintendent determines the person is inappropriate for such release, the court shall be notified and, at the request of the defendant, a hearing may be scheduled. In any case, the defendant shall first serve 14 consecutive days prior to eligibility for home confinement, or for such other purpose as the court may deem conducive to his or her rehabilitation, for such times or intervals of time and under such terms and conditions as the rules and regulations of the correctional facility may allow or as the court may order. Any part of a day spent in the free community, or in home confinement, under such a release order shall be counted as a full day toward the serving of the sentence unless otherwise provided by the court. If a person violates the terms and conditions laid down for his or her conduct, custody, and employment, he or she shall be returned to the correctional facility. The superintendent may then require that the balance of the person’s sentence be spent in actual confinement.

149:2 New Section; Discretionary Sentences; Day Reporting Program. Amend RSA 651 by inserting after section 19 the following new section:

651:19-a Day Reporting Program.

I. The superintendent of a county correctional facility may establish a day reporting program in lieu of incarceration for certain offenders as deemed appropriate by the superintendent. Such release shall be for such terms or intervals of time and under such terms and conditions as may be permitted by the facility’s rules and regulations or as the court may order. Any part of a day spent in the free community under such a release order shall be counted as a full day toward the serving of the sentence unless otherwise provided by the sentencing court.

II. The sentencing court may order any person who has been committed to a correctional institution other than state prison to be released therefrom for the purpose of participating in a day reporting program, provided the county correctional facility has established such a program.

149:3 Discretionary Sentences; Failure to Report. Amend RSA 651:24 to read as follows:

651:24 Failure to Report Deemed Escape. Any person released under RSA 651:19 or RSA 651:19-a, or ordered confined under RSA 651:20 or 21 who willfully fails to report [for confinement] as ordered shall be deemed to have escaped from the institution to which he has been sentenced and upon conviction shall be subject to the punishment provided for escape therefrom.

149:4 Uncompensated Public Service. Amend RSA 651:68 to read as follows:

651:68 Uncompensated Public Service. The performance of uncompensated public service of a sort that in the opinion of the court, the commissioner of the department of corrections, the superintendent of a county correctional facility, or the parole board will foster respect for those interests violated by the defendant’s conduct may be ordered:

I. By the sentencing court as a condition of probation, conditional discharge, release under RSA 651:19, or suspension of sentence;

II. By the commissioner of the department of corrections as a condition of release under RSA 651:25;

III. By the superintendent of a county correctional facility; or

IV. By the parole board as a condition of parole.

149:5 Effective Date. This act shall take effect 60 days after its passage.

Approved: June 18, 2007

Effective: August 17, 2007