HB589 (2008) Detail

Relative to the calculation of concurrent and consecutive terms of imprisonment.


CHAPTER 114

HB 589-FN – FINAL VERSION

02Jan2008… 2470h

04/17/08 1146s

2008 SESSION

07-0745

04/09

HOUSE BILL 589-FN

AN ACT relative to the calculation of concurrent and consecutive terms of imprisonment.

SPONSORS: Rep. L. Hammond, Graf 11; Rep. Charron, Rock 7

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill establishes a method for the calculation of minimum and maximum concurrent and consecutive terms of imprisonment for the purpose of petitioning to suspend 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02Jan2008… 2470h

04/17/08 1146s

07-0745

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eight

AN ACT relative to the calculation of concurrent and consecutive terms of imprisonment.

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

114:1 Incarceration Under Suspended Sentence. Amend RSA 651:20, I(a) to read as follows:

(a) Any person sentenced to state prison for a minimum term of 6 years or more shall not bring a petition to suspend sentence until such person has served at least 4 years or 2/3 of his minimum sentence, whichever is greater, and not more frequently than every 3 years thereafter. Any person sentenced to state prison for a minimum term of less than 6 years shall not bring a petition to suspend sentence until such person has served at least 2/3 of the minimum sentence, or the petition has been authorized by the sentencing court. For the purposes of this subparagraph:

(1) For concurrent terms of imprisonment, the minimum term shall be satisfied by serving the longest minimum term imposed, and the maximum term shall be satisfied by serving the longest maximum term.

(2) For consecutive terms of imprisonment, the minimum terms of each sentence shall be added to arrive at an aggregate minimum term, and the maximum terms of each sentence shall be added to arrive at an aggregate maximum term.

114:2 Effective Date. This act shall take effect January 1, 2009.

Approved: June 3, 2008

Effective Date: January 1, 2009