HB 308 – AS INTRODUCED
2011 SESSION
04/01
HOUSE BILL 308
AN ACT relative to the authority of the superintendent of a county correctional facility to order the removal or transfer of prisoners.
SPONSORS: Rep. P. Garrity, Hills 14; Rep. D. Sullivan, Hills 8; Rep. Rhodes, Hills 22; Rep. Rokas, Hills 12; Rep. Baroody, Hills 13
COMMITTEE: Criminal Justice and Public Safety
This bill authorizes the superintendent of the county correctional facility to approve the removal of a prisoner for the purpose of facilitating work release, and to approve the removal of a prisoner from a county correctional facility because of disease, epidemic, or repairs to the facility.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0729
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the authority of the superintendent of a county correctional facility to order the removal or transfer of prisoners.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Employment of Offenders; Temporary Removal or Transfer. Amend RSA 30-B:21 to read as follows:
30-B:21 Temporary Removal or Transfer. 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. 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 Employment of Offenders; Removal of Prisoners. Amend RSA 30-B:22 to read as follows:
30-B:22 Removal of Prisoners Because of Epidemic or Repairs to Facility. 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] shall 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.
3 Effective Date. This act shall take effect 60 days after its passage.