Bill Text - HB224 (2013)

Relative to the authority of the superintendent of a county correctional facility.

Revision: March 21, 2013, midnight


20Mar2013… 0612h





AN ACT relative to the authority of the superintendent of a county correctional facility.

SPONSORS: Rep. Pantelakos, Rock 25; Rep. Shurtleff, Merr 11; Rep. Fesh, Rock 6; Rep. Charron, Rock 4; Rep. J. Belanger, Hills 27

COMMITTEE: Criminal Justice and Public Safety


This bill establishes a procedure for the superintendent of the county correctional facility to release a prisoner in order to obtain gainful employment, perform uncompensated public service, or serve the sentence under home confinement.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20Mar2013… 0612h




In the Year of Our Lord Two Thousand Thirteen

AN ACT relative to the authority of the superintendent of a county correctional facility.

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

1 Discretionary Sentences; Release for Certain Purposes. Amend RSA 651:19 to read as follows:

651:19 Release for Purpose of Gainful Employment, Rehabilitation, or Home Confinement.

I. A sentencing court may [order] recommend any person who has been committed to a correctional institution other than state prison under a criminal sentence [may] to be released therefrom for the purpose of obtaining and working at gainful employment, for the performance of uncompensated public service as provided in RSA 651:68-70, under the terms of a day reporting program, provided the correctional facility has a day reporting program, or to serve the sentence under home confinement, provided the correctional facility has a home confinement program.

II. If the court recommends a person for release and the superintendent determines the person is inappropriate for such release, the court shall be notified and, at the request of the defendant, a hearing may be scheduled.

III. If the court does not recommend a person for release pursuant to paragraph I but at any time during the sentence the superintendent deems such a release to be conducive to the person's rehabilitation, the superintendent may allow the release provided that the sentencing court and the prosecutor of the underlying offense have been notified of the proposed release, and there has been no objection within 10 days of the notice by either the sentencing court or the prosecutor of the underlying offense. If the prosecutor of the underlying offense objects to the proposed release, the prosecutor shall submit in writing to the sentencing court the reasons for objecting. If the sentencing court objects, or receives written notice of the prosecutor's objection, the sentencing court shall, within 10 days of receipt of the original notice or the prosecutor's objection, schedule a hearing on the proposed release. The sentencing court shall then approve or deny the proposed release.

IV. In any case, the defendant shall first serve 14 consecutive days prior to eligibility for home confinement, or for such other purpose as the court may deem conducive to his or her rehabilitation, for such times or intervals of time and under such terms and conditions as the rules and regulations of the correctional facility may allow or as the court may order. Any part of a day spent in the free community, or in home confinement, under such a release order shall be counted as a full day toward the serving of the sentence unless otherwise provided by the court. If a person violates the terms and conditions laid down for his or her conduct, custody, and employment, he or she shall be returned to the correctional facility. The superintendent may then require that the balance of the person’s sentence be spent in actual confinement.

2 Effective Date. This act shall take effect 60 days after its passage.