HB1658 (2010) Detail

Relative to the adult parole board.


HB 1658 – AS INTRODUCED

2010 SESSION

10-2576

04/03

HOUSE BILL 1658

AN ACT relative to the adult parole board.

SPONSORS: Rep. Kurk, Hills 7

COMMITTEE: Executive Departments and Administration

ANALYSIS

This bill establishes the adult parole board as a division within the department of corrections.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

10-2576

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the adult parole board.

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

1 New Paragraph; Department of Corrections; Powers and Duties of Commissioner. Amend RSA 21-H:4 by inserting after paragraph IX the following new paragraph:

X. The adult parole board which shall be responsible paroling prisoners from the state prison pursuant to RSA 651-A, and for maintaining legal custody of all persons released on parole until they receive their discharge or are recommitted to the prison.

2 Department of Corrections; Commissioner and Other Department Officials. Amend RSA 21-H:6, VII to read as follows:

VII. The commissioner shall nominate for appointment by the governor, with the consent of the council, each member of the adult parole board as provided in RSA 651-A:3 and the executive assistant to the adult parole board, who shall serve at the pleasure of the commissioner.

VIII. Wardens, physicians, and dentists may be assigned to any correctional facility at the discretion of the commissioner.

3 New Paragraph; Department of Corrections; Rulemaking. Amend RSA 21-H:13 by inserting after paragraph VI the following new paragraph:

VII. The administration and operation of the adult parole board established in RSA 651-A:3.

4 Department of Corrections; Adult Parole Board. Amend RSA 651-A:3 to read as follows:

651-A:3 Adult Parole Board; Establishment; Procedures.

I. There shall be an adult parole board with 7 members. The members of the board shall be nominated by the commissioner and appointed by the governor with the consent of the council for staggered terms of 5 years or until their successors are appointed. No member shall serve more than 2 consecutive terms. A vacancy on the board shall be filled for the unexpired term. The [governor] commissioner shall designate one member as chairman, and the chairman shall designate one other member to serve as chairman in his or her absence. In the case of a revocation hearing an attorney of the board shall be present at the hearing. Board members shall be paid $100 a day plus mileage at the state employee rate while engaged in parole hearings or administrative meetings.

II. The board shall hold at least 24 parole hearings each year and may hold more hearings as necessary. Each parole hearing shall be held by a hearing panel consisting of exactly 3 members of the board. The [board] commissioner shall establish operating procedures which provide for rotation of board members among hearing panels.

5 Department of Corrections; Executive Assistant. Amend RSA 651-A:5 to read as follows:

651-A:5 Executive Assistant. The [board] commissioner may appoint an executive assistant who shall be an unclassified employee and shall serve at [its] the pleasure of the commissioner. The salary of the executive assistant shall be that established in RSA 94:1-a.

6 Repeal. The following are repealed:

I. RSA 651-A:4, III, relative to rulemaking by the adult parole board.

II. RSA 651-A:24, relative to administrative attachment of adult parole board to the department of corrections.

7 Effective Date. This act shall take effect 60 days after its passage.