HB 1159 – AS INTRODUCED
HOUSE BILL 1159
This bill allows eligible inmates, upon recommendation of the commissioner of the department of corrections, to be released from custody subject to the conditions of an early release bond.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT establishing a conditional early release bond.
Be it Enacted by the Senate and House of Representatives in General Court convened:
Conditional Early Release Bond
622:59 Eligible Inmates. No person serving a life sentence, or who has been convicted of a violent crime as defined in RSA 651-C:1, IX, or who is a “sexual offender” or an “offender against children,” as defined in RSA 651-B:1, shall be eligible for early release on bond under this subdivision.
622:60 Early Release on Bond.
I. Upon recommendation of the commissioner of the department of corrections, an eligible inmate may be released subject to the posting of a conditional early release bond in accordance with this subdivision.
II. The commissioner shall establish the conditions of early release which shall become part of the early release bond. Such conditions may include, but are not limited to the following, as deemed appropriate by the commissioner:
(a) Mandatory drug or alcohol testing as specified.
(b) Participation in a specified recovery or counseling program.
(c) Restrictions on the direct or indirect communication with any witnesses involved in the releasee’s conviction.
(d) Restrictions on the direct or indirect communication with any victims involved in the releasee’s conviction.
(e) Requiring the releasee to obtain and maintain employment.
(f) Requiring the releasee to abide by specified travel restrictions.
(g) Compliance with specified in-home confinement requirements.
(h) Requiring the releasee to make restitution.
(i) Requiring the releasee to pay court fines and costs owed.
(j) Requiring the releasee to perform community service.
(k) Requiring the releasee to enroll in education courses.
(l) Requiring the releasee to pay the surety’s costs.
(m) Requiring the releasee to personally report to the surety at such time and in such manner as directed.
(n) Requiring the releasee to comply with all conditions of release specified by the surety and the commissioner and to acknowledge that failure to comply will result in the releasee being returned to custody.
622:61 Terms of the Bond. The releasee shall obtain, from a surety licensed to do business in New Hampshire, an early release bond which shall be for a term of one year, renewable annually, and shall include any early release conditions specified by the commissioner of the department of corrections in RSA 622:60, II. The bond shall be in favor of, and payable to, the state, and shall include a provision requiring the commissioner to provide written notice to the surety of any breach of a condition of early release under RSA 622:60, II within 30 days of the breach. The bond shall include an additional provision specifying that, if within 180 days of receiving notice from the commissioner that the releasee has failed to comply with one or more of the conditions specified in the bond, the surety shall effect the return of the releasee to custody by surrendering the releasee to the nearest state or county correctional facility, and that upon the return of the releasee to custody, the bond shall be dissolved.
622:62 Failure by Surety. Failure by the surety to effect the return of the releasee to the custody of the state within the 180-day period specified in RSA 622:62 shall result in forfeiture of the bond by the surety, and payment by the surety of the face amount of the bond to the state.
2 Effective Date. This act shall take effect 60 days after its passage.