HB115 (2011) Detail

Relative to the temporary removal or transfer of prisoners from a county correctional facility.


CHAPTER 65

HB 115 – FINAL VERSION

15 Feb 2011… 0148h

2011 SESSION

11-0425

04/01

HOUSE BILL 115

AN ACT relative to the temporary removal or transfer of prisoners from a county correctional facility.

SPONSORS: Rep. Ulery, Hills 27; Rep. Seidel, Hills 20; Rep. Welch, Rock 8

COMMITTEE: Municipal and County Government

ANALYSIS

This bill authorizes the superintendent of a county correctional facility to transfer a prisoner for public safety or emergency reasons without the approval of the county commissioners. The bill requires the county commissioners to review such transfer at their next regular meeting.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

15 Feb 2011… 0148h

11-0425

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to the temporary removal or transfer of prisoners from a county correctional facility.

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

65:1 County Departments of Corrections; Temporary Removal or Transfer. Amend RSA 30-B:21 to read as follows:

30-B:21 Temporary Removal or Transfer.

I.(a) Any person confined in a county department of corrections facility may be transferred by the superintendent of the transferring county department of corrections to any other county department of corrections facility or to the county department of corrections in another county when such transfer is in the public interest and subject to the approval of the county commissioners of the county to which the transfer is planned for the purpose of facilitating work release or for other good cause shown.

(b) The superintendent may transfer a prisoner, without the approval of the county commissioners, if the superintendent determines the transfer is necessary for public safety or emergency reasons. The county commissioners shall review any such transfer at their next regular meeting. If the county commissioners reject the transfer, the prisoner shall be returned to the facility from which the prisoner came as soon as practicable.

II. The expense of transfer and maintenance shall be paid by the transferring county, unless waived by the receiving county department of corrections in accordance with a reciprocal or other arrangement between the counties involved. The superintendent of the transferring county department of corrections shall have custody over the prisoner during the transfer by a regular or specially authorized officer of that county. Upon admittance to the receiving facility, the prisoner shall be under the custody of the superintendent of the receiving county department of corrections. A prisoner shall have the right to contest any transfer under this section or to request a transfer by petition to the sentencing court. If a prisoner contests a transfer, the superintendent of the transferring county department of corrections may proceed with the transfer pending the outcome of the petition to the sentencing court.

65:2 Removal of Prisoners for Public Safety or Emergency Reasons or Because of Epidemic or Repairs to Facility. Amend RSA 30-B:22 to read as follows:

30-B:22 Removal of Prisoners for Public Safety or Emergency Reasons or Because of Epidemic or Repairs to Facility.

I. Whenever the prevalence of disease, or the rebuilding or repairing of a correctional facility or for other cause, the [county commissioners] superintendent of the county department of corrections shall think it expedient that the prisoners be removed therefrom, the county commissioners may authorize the superintendent to remove the prisoners to some other facility in the same or another county location, there to be detained, in the same manner and by the same process as in the correctional facility from which they were so removed, until removed by similar process or discharged according to law.

II. The superintendent may remove a prisoner, without the approval of the county commissioners, if the superintendent determines the removal is necessary for public safety or emergency reasons. The county commissioners shall review any such removal at their next regular meeting. If the county commissioners reject the removal, the prisoner shall be returned to the facility from which the prisoner came as soon as practicable.

65:3 Department of Corrections; Powers and Duties of Commissioner. Amend RSA 21-H:8, VI to read as follows:

VI. The commissioner may enter into contracts with the state's counties, the governments of other states, and the federal government, and appropriate private agencies or facilities and make proper and necessary arrangements with them for the transfer and reception of inmates and allow transfers to state prisons of any person. Any person who is confined awaiting trial on a felony charge may be transferred to the state prison from the county correctional facility, upon the recommendation of the superintendent of the county department of corrections, and with the approval of the county commissioners of said county. The superintendent may transfer a prisoner, without the approval of the county commissioners, if the superintendent determines the transfer is necessary for public safety or emergency reasons. The county commissioners shall review any such transfer at their next regular meeting. If the county commissioners reject the transfer, the prisoner shall be returned to the facility from which the prisoner came as soon as practicable.

65:4 Effective Date. This act shall take effect 60 days after its passage.

Approved: May 16, 2011

Effective Date: July 15, 2011