Revision: June 30, 2011, midnight
SB 52-FN – VERSION ADOPTED BY BOTH BODIES
03/16/11 0804s
03/30/11 1177s
06/22/11 2486CofC
06/22/11 2526EBA
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 if the parole board votes to do so.
II. Provides the parole board with greater discretion to recommit a person who reoffends while on mandatory early supervised release.
III. Requires that an offender placed on probation or parole for conviction of a felony offense that would require registration as a sexual offender or an offender against children shall not be placed on administrative supervision.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/16/11 0804s
03/30/11 1177s
06/22/11 2486CofC
06/22/11 2526EBA
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(b) to read as follows:
(b) A prisoner convicted of a nonviolent offense who has not been previously convicted of a sexually violent offense as defined in RSA 135-E:2, XI, aggravated felonious sexual assault pursuant to RSA 632-A:2, felonious sexual assault pursuant to RSA 632-A:3, sexual assault pursuant to RSA 632-A:4, I(a)-(b), kidnapping pursuant to RSA 633:1, I, first degree assault pursuant to RSA 631:1, I, possession of child sexual abuse images pursuant to RSA 649-A:3, I, or distribution of child sexual abuse images pursuant to RSA 649-A:3-a, I shall be released on parole upon serving 120 percent of the minimum term of his or her sentence, minus any credits received pursuant to RSA 651-A:23, plus the disciplinary period added to such minimum under RSA 651:2, II-e, any part of which is not reduced for good conduct as provided in RSA 651-A:22, unless the parole board votes to deny such release.
2 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 be released on parole at least 9 months prior to the expiration of the maximum term of his or her sentence, unless the parole board votes to deny 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.
3 Effect of Recommittal. Amend RSA 651-A:19 to read as follows:
651-A:19 Effect of Recommittal.
I. A prisoner who is recommitted shall serve 90 days in prison before being placed back on parole or the remainder of his or her maximum sentence, whichever is shorter, or may be subject to an extended term of recommittal pursuant to paragraphs III and IV. 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 who are recommitted shall be [housed separately in a prison housing unit that provides] provided access to focused, evidence-based programming aimed at reengaging parolees in their parole plan.
III. The parole board may impose an extended term of recommittal for greater than 90 days if:
(a) The prisoner has previously been recommitted for a parole violation; or
(b) The prisoner was on parole for a sexual offense as defined in RSA 651-B:1, V or an offense against a child as defined in RSA 651-B:1, VII; and
(1) The conduct underlying the parole violation is related to his or her offense or offending pattern; or
(2) The prisoner has displayed a combination of dynamic risk factors, including but not limited to, homelessness, loss of supports, substance abuse, or non-compliance with treatment, as determined by the department of corrections sexual offender treatment program staff; or
(3) Both subparagraphs (1) and (2); or
(c) The prisoner was on parole for a violent crime as defined in RSA 651:5, XIII; or
(d) The nature of the conduct underlying the parole violation constitutes a criminal act or is otherwise so serious as to warrant an extended period of recommittal.
IV.(a) A prisoner may be brought before the parole board at any time during the 90-day term of recommittal to determine whether a longer term is warranted if:
(1) The prisoner did not meaningfully participate in the evidence-based programming during the 90-day recommittal period; or
(2) The prisoner received one or more major disciplinary violations during the 90-day recommittal period.
(b) The prisoner shall be provided notice of the hearing and the basis of the parole board’s consideration of an extended term.
V. The imposition of an extended term of recommittal pursuant to paragraph III or IV shall be supported by written findings and a written order.
VI. Any prisoner who is subject to an extended term of recommittal shall, upon request, be entitled to a hearing before the parole board after serving 6 months of his or her term of recommittal and every 6 months thereafter.
VII. At the revocation hearing, the parole board may impose a term of recommittal for less than 90 days if:
(a) The prisoner has not been previously recommitted for a parole violation;
(b) The prisoner was not on parole for a sexual offense as defined in RSA 651-B:1, V or an offense against a child as defined in RSA 651-B:1, VII;
(c) The prisoner was not on parole for a violent crime as defined in RSA 651:5, XIII;
(d) The parole violation is not substantially related to his or her offense or offending pattern; and
(e) The parole board determines that a lesser period of recommittal will aid in the rehabilitation of the parolee.
4 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] potential release on parole pursuant to RSA 651-A:6, I(c), 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.
5 Probationers and Parolees; Risk Assessment and Length of Supervision. Amend RSA 504-A:15, III-IV to read as follows:
III. Any person placed on probation for a felony shall be subject to active supervision for up to the first 12 months and thereafter be placed on administrative supervision unless the probationer has been designated high risk [or], has been adjudicated by the court for a violation of the conditions of probation during the first 12 months under supervision, or was placed on probation for a felony listed as a tier II or tier III offense in RSA 651-B:1, IX and X, respectively.
IV. Any person placed on parole for a felony shall be subject to active supervision for up to the first 18 months and thereafter be placed on administrative supervision unless the parolee has been designated high risk [or], has violated the conditions of parole during the first 18 months under supervision, or was placed on parole for a felony listed as a tier II or tier III offense in RSA 651-B:1, IX and X, respectively.
6 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.