Revision: Jan. 20, 2011, midnight
SB 52-FN – AS INTRODUCED
2011 SESSION
04/01
SENATE BILL 52-FN
AN ACT excluding persons convicted of violent crimes and sexually violent persons from mandatory early release on probation or parole.
SPONSORS: Sen. Bragdon, Dist 11; Sen. Gallus, Dist 1; Sen. Bradley, Dist 3; Sen. Odell, Dist 8; Sen. Carson, Dist 14; Sen. Boutin, Dist 16; Sen. Barnes, Jr., Dist 17; Sen. Lambert, Dist 13; Sen. Rausch, Dist 19; Sen. Forsythe, Dist 4
This bill:
I. Excludes a prisoner convicted of a violent crime or a sexually violent offense from mandatory early supervised release.
II. Provides the parole board with greater discretion to recommit a person who reoffends while on mandatory early supervised release.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0194
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT excluding persons convicted of violent crimes and sexually violent persons from mandatory early release on probation or parole.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Parole of Prisoners; Terms of Release. Amend RSA 651-A:6, I(c) to read as follows:
(c) [All prisoners who have not been previously paroled] A prisoner who has not been previously paroled, or who [were] was recommitted to prison more than one year prior to the expiration of the maximum term of his or her sentence, [shall] may be released on parole at least 9 months prior to the expiration of the maximum term of his or her sentence, if the parole board votes affirmatively to grant such release. This provision shall not apply to any prisoner who is the subject of a pending petition for civil commitment pursuant to RSA 135-E. In the event that the prisoner is not civilly committed, he or she shall be released on parole for the remainder of his or her sentence.
2 Effect of Recommittal. Amend RSA 651-A:19 to read as follows:
I. A prisoner who is recommitted shall, subject to the discretion of the parole board, serve either 90 days in prison before being placed back on parole or shall serve such period of time as is ordered by the parole board up to the remainder of his or her maximum sentence[, whichever is shorter]. The time between the return of the parolee to prison after arrest and revocation of parole shall be considered as time served as a portion of the maximum sentence.
II. [Prisoners] A prisoner convicted of a nonviolent offense who [are] is recommitted shall be housed separately in a prison housing unit that provides focused, evidence-based programming aimed at reengaging parolees in their parole plan.
III. A prisoner convicted of an offense other than a nonviolent offense who is recommitted may, at any time before the expiration of his or her maximum sentence, except as provided in RSA 651-A:18, be paroled again. If not paroled, a prisoner who is recommitted shall serve the remainder of his or her maximum sentence minus any credits to which he or she may thereafter become entitled under RSA 651-A:22 and 23 and less the period of time the prisoner was at liberty in satisfactory compliance with the terms and conditions of his or her parole. The time between the return of the parolee to prison after arrest and revocation of parole shall be considered as time served as a portion of the maximum sentence.
3 Involuntary Civil Commitment of Sexually Violent Predators; Notice. Amend RSA 135-E:3, II to read as follows:
II. When a person who has committed a sexually violent offense is to be released from total confinement in New Hampshire, the agency with jurisdiction over the person shall give written notice to the person and the county attorney of the county where that person was last convicted of a sexually violent offense, or attorney general if the case was prosecuted by the attorney general. If the person is in custody on an out-of-state or federal sexually violent offense, the agency with jurisdiction shall give written notice to the person and the county attorney of the county where the person plans to reside upon release or, if no residence in this state is planned, the county attorney in the county where the facility from which the person to be released is located or to the attorney general if the person has been convicted of murder. Except as provided in RSA 135-E:4, the written notice shall be given at least 9 months prior to the anticipated release [on parole pursuant to RSA 651-A:6, I(c)] from the maximum sentence, except that in the case of persons who are totally confined for a period of less than 9 months, written notice shall be given as soon as practicable.
4 Involuntary Civil Commitment of Sexually Violent Predators; Release From Total Confinement. Amend RSA 135-E:4, I to read as follows:
I. In the event that a person who has been convicted of a sexually violent offense is eligible for immediate release [on parole pursuant to RSA 651-A:6, I(c)] from total confinement, or upon completion of the maximum term of incarceration, the agency with jurisdiction shall provide immediate notice to the county attorney or attorney general of the person’s release. The county attorney or attorney general or the agency with jurisdiction may file a petition for an emergency hearing in the superior court requesting that the person subject to immediate release be evaluated by the multidisciplinary team to determine whether the person is a sexually violent predator. The hearing shall be held within 24 hours of the filing of the petition, excluding Saturdays, Sundays, and holidays. The person shall not be released from total confinement until after the hearing has been held. At the hearing, the court shall determine whether there is probable cause to believe that the person is a sexually violent predator. If the court finds probable cause, the person shall be held in an appropriate secure facility.
5 Effective Date. This act shall take effect upon its passage.
LBAO
11-0194
01/07/11
SBB 52-FN - FISCAL NOTE
AN ACT excluding persons convicted of violent crimes and sexually violent persons from mandatory early release on probation or parole.
FISCAL IMPACT:
The Department of Corrections states this bill will have an indeterminable fiscal impact on state expenditures in FY 2011 and each year thereafter. The Judicial Council states this bill may increase state expenditures by an indeterminable amount in FY 2011 and each year thereafter. The New Hampshire Association of Counties states this bill may decrease county expenditures by an indeterminable amount in FY 2011 and each year thereafter. There is no fiscal impact on local expenditures or state, county and local revenue.
METHODOLOGY:
The Department of Corrections states this bill excludes an inmate convicted of a violent crime or a sexually violent offense from mandatory early supervised release and provides the parole board with greater discretion to recommit an individual who reoffends while on mandatory early supervised release. The Department states it is not able to determine the fiscal impact of not releasing an inmate early as part of the mandatory early supervised release or know the length of time the parole board will recommit an individual for violating early release. The Department states the marginal cost (cost of medical and dental, food, clothing and inmate pay) for an individual in the general prison population for the fiscal year ending June 30, 2010 was $2,439.
The Judicial Council states this bill may result in an indeterminable increase in general fund expenditures as the parole board is provided greater discretion to recommit individuals to prison for violating parole and in court for any new charges. If the individual is found to be indigent, the public defender or contract attorney assigned the case is provided a fixed fee of $206.25 for representation at a parole hearing. In addition there will be costs associated with the new charge if it is a class A misdemeanor or a felony. The Council states if an individual is found to be indigent, the flat fee of $275 per misdemeanor is charged by a public defender or contract attorney. If an assigned counsel attorney is used the fee is $60 per hour with a cap of $1,400 for a misdemeanor charge. The Council also states additional costs could be incurred if an appeal is filed. The public defender, contract attorney and assigned counsel rates for Supreme Court appeals is $2,000 per case, with many assigned counsel attorneys seeking permission to exceed the fee cap. Requests to exceed the fee cap are seldom granted. Finally, expenditures would increase if services other than counsel are requested and approved by the court during the defense of a case or during an appeal.
The New Hampshire Association of Counties states if this bill results in less individuals on early parole being detained in the county correctional facilities there will be a decrease in county expenditures. The Association has no information to determine the number of individuals this might apply to determine an exact fiscal impact. The Association states the average annual statewide cost of incarceration in a county correctional facility is approximately $35,000.
The Judicial Branch states this bill should have little if any fiscal impact on the Branch.