Revision: Jan. 4, 2011, midnight
HB 115 – AS INTRODUCED
2011 SESSION
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
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
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:
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.
2 Effective Date. This act shall take effect 60 days after its passage.