HB1496 (2010) Detail

Relative to time limits on suspended sentences.


HB 1496 – AS INTRODUCED

2010 SESSION

10-2530

04/09

HOUSE BILL 1496

AN ACT relative to time limits on suspended sentences.

SPONSORS: Rep. Rodd, Merr 5; Rep. Craig, Hills 9; Rep. DiFruscia, Rock 4

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill provides that the time limits on imposing probation shall also apply to a trial court which orders a suspended 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2530

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to time limits on suspended sentences.

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

1 Sentences and Limitations. Amend RSA 651:2, V(a)-(b)to read as follows:

(a) A person may be placed on probation if the court finds that such person is in need of the supervision and guidance that the probation service can provide under such conditions as the court may impose. The period of probation shall be for a period to be fixed by the court not to exceed 5 years for a felony and 2 years for a class A misdemeanor. Upon petition of the probation officer or the probationer, the period may be terminated sooner by the court if the conduct of the probationer warrants it. The time periods for probation under this section shall also apply to any sentence suspended by the trial court pursuant to RSA 651:20.

(b) In cases of persons convicted of felonies or class A misdemeanors, or in cases of persons found to be habitual offenders within the meaning of RSA 259:39 and convicted of an offense under RSA 262:23, the sentence may include, as a condition of probation, confinement to a person’s place of residence for not more than one year in case of a class A misdemeanor or more than 5 years in case of a felony. Such home confinement may be monitored by a probation officer and may be supplemented, as determined by the department of corrections or by the county department of corrections, by electronic monitoring to verify compliance. The time periods for probation under this section shall also apply to any sentence suspended by the trial court pursuant to RSA 651:20.

2 Incarceration Under Suspended Sentence. Amend the introductory paragraph of RSA 651:20, I to read as follows:

I. [Notwithstanding any other provision of law,] Except as provided in subparagraphs (a), (b), and (c), and subject to the time limitations set forth in RSA 651:2, V(a)-(b), the sentence to imprisonment of any person may be suspended by the sentencing court at the time of imposition of the sentence or at any time thereafter in response to a petition to suspend sentence which is timely brought in accordance with the limitations set forth below in subparagraphs (a), (b), and (c).

3 Effective Date. This act shall take effect January 1, 2011.