SB 250-FN – AS INTRODUCED
2007 SESSION
04/03
SENATE BILL 250-FN
This bill allows the state to petition the court to modify or vacate the terms of a settlement agreement between the state and an inmate resulting from prison conditions litigation. The bill also requires that any proceeds to be received by an inmate resulting from prison conditions litigation shall first be applied to any outstanding restitution, judgments, fines, bail, costs, or fees owed by the inmate.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
07-1320
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to damages awarded to a prisoner resulting from prison conditions litigation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Sections; Inmate Litigation; Settlement; Damage Awards. Amend RSA 623-B by inserting after section 3 the following new sections:
623-B:4 Limits on Settlements. The state may petition the court to modify or vacate the terms of a settlement agreement between the state and an inmate resulting from prison conditions litigation. The court may modify or vacate the terms of such an agreement upon a showing by the state that the constitutional violations on which the settlement agreement were based have been corrected. This section shall also apply to settlement agreements entered into prior to the effective date of this section.
623-B:5 Damage Awards. Monetary damages awarded to an inmate resulting from prison conditions litigation, or paid to an inmate as part of a settlement agreement resulting from prison conditions litigation, which will be paid from the general funds of the state, or by a political subdivision, or from an insurance policy purchased by the state or a political subdivision, shall first be applied to satisfy any outstanding court orders requiring the inmate to pay restitution, judgments, bail, fines, court costs, or other fees in connection with the inmate’s criminal prosecution or sentence. The commissioner shall deduct the amount owed and pay it directly to the person or entity owed. The commissioner shall notify the inmate personally or by certified mail of deductions from the settlement amount.
2 Effective Date. This act shall take effect upon its passage.
LBAO
07-1320
02/12/07
SB 250-FN - FISCAL NOTE
AN ACT relative to damages awarded to a prisoner resulting from prison conditions litigation.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill at this time. When completed, the fiscal note will be forwarded to the Senate Clerk's Office.