Revision: Jan. 22, 2013, midnight
HB 404-FN – AS INTRODUCED
2013 SESSION
04/10
HOUSE BILL 404-FN
AN ACT relative to earned time credits for inmates participating in rehabilitative programming.
SPONSORS: Rep. Vaillancourt, Hills 15; Rep. Chase, Ches 8; Rep. Frazer, Merr 13; Rep. J. Tilton, Merr 3; Rep. Emerson, Ches 11; Rep. Ginsburg, Straf 6
COMMITTEE: Criminal Justice and Public Safety
This bill authorizes the commissioner of the department of corrections to award earned time credits for a prisoner’s participation in or completion of educational, vocational, mental health, or substance abuse treatment programming.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0356
04/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to earned time credits for inmates participating in rehabilitative programming.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Parole of Prisoners; Earned Time Credits. Amend RSA 651-A by inserting after section 22 the following new section:
651-A:22-a Earned Time Credits.
I. In addition to credit for good conduct as provided in RSA 651-A:22, the commissioner shall, on a monthly basis, review the conduct of each prisoner subject to parole to determine whether the prisoner shall receive credit for earned time as provided in this section. If, as a result of this review, the commissioner determines that a prisoner is entitled to credit for earned time, the commissioner shall monthly reduce the additional disciplinary period provided in RSA 651:2, II-e of such prisoner as follows:
(a) A prisoner who is assigned work by the department shall be entitled to a reduction of 2 days in the prisoner’s minimum sentence and a reduction of 2 days in his or her maximum sentence for each month that the prisoner works at his or her assigned job.
(b) A prisoner who participates in an educational program authorized and approved by the department shall be entitled to a reduction of 4 days in his or her minimum sentence and a reduction of 4 days in his or her maximum sentence for each month the prisoner participates in such educational program. Such educational programs may include, but are not limited to, a GED program, or secondary, postsecondary, vocational, or other educational programs that the commissioner deems valuable to the prisoner’s rehabilitation.
(c) A prisoner who participates in a mental health or substance abuse treatment program authorized and approved by the department or who participates in a mental health or substance abuse treatment program that the commissioner deems to be valuable to a prisoner’s rehabilitation, shall be entitled to a reduction of 3 days in his or her minimum sentence and a reduction of 3 days in his or her maximum sentence for each month in each program in which the prisoner participates.
II. In addition to the reductions authorized under paragraph I, the commissioner, after reviewing a prisoner’s record, shall award to a prisoner a one-time reduction in his or her minimum and maximum sentences for successful completion of each of the following programs while incarcerated:
(a) Education Programs:
(1) GED 90 day reduction in the prisoner’s minimum sentence and 90 day reduction in the prisoner’s maximum sentence.
(2) High School Diploma 180 day reduction in the prisoner’s minimum sentence and 180 day reduction in the prisoner’s maximum sentence.
(3) Associate’s Degree 180 day reduction in the prisoner’s minimum sentence and 180 day reduction in the prisoner’s maximum sentence.
(4) Bachelor’s Degree 180 day reduction in the prisoner’s minimum sentence and 180 day reduction in the prisoner’s maximum sentence.
(5) Master’s Degree 180 day reduction in the prisoner’s minimum sentence and 180 day reduction in the prisoner’s maximum sentence.
(6) Doctor of Philosophy 180 day reduction in the prisoner’s minimum sentence and 180 day reduction in the prisoner’s maximum sentence.
(b) Vocational Programming. A prisoner who successfully completes a vocational program that is authorized and approved by the department or who successfully completes a vocational program that the commissioner deems to be valuable to the prisoner’s rehabilitation, shall be entitled to a reduction of up to 60 days in his or her minimum sentence and a reduction of up to 60 days in his or her maximum sentence. The commissioner shall establish procedures, which shall be exempt from RSA 541-A, for awarding such reductions.
(c) Mental Health and Substance Abuse Treatment Programming. A prisoner who successfully completes a mental health or substance abuse treatment program that is authorized and approved by the department or who successfully completes a mental health or substance abuse treatment program that the commissioner deems to be valuable to the prisoner’s rehabilitation, shall be entitled to a reduction of up to 60 days in his or her minimum sentence and a reduction of up to 60 days in his or her maximum sentence. The commissioner shall establish procedures, which shall be exempt from RSA 541-A, for awarding such reductions.
III. The earned time reductions authorized in paragraph I of this section shall be available to prisoners who were incarcerated on or after the effective date of this section. The earned time reductions authorized in paragraph II of this section shall be available to prisoners who were incarcerated prior to, on, or after the effective date of this section.
2 Sentences and Limitations. Amend RSA 651:2, II-e to read as follows:
II-e. To the minimum sentence of every person who is sentenced to imprisonment for a maximum of more than one year shall be added a disciplinary period equal to 150 days for each year of the minimum term of the sentence, to be prorated for any part of the year. The presiding justice shall certify, at the time of sentencing, the minimum term of the sentence and the additional disciplinary period required under this paragraph. This additional disciplinary period may be reduced for good conduct as provided in RSA 651-A:22 and for earned time as provided in RSA 651-A:22-a. There shall be no addition to the sentence under this section for the period of pre-trial confinement for which credit against the sentence is awarded pursuant to RSA 651-A:23.
3 Effective Date. This act shall take effect 60 days after its passage.
LBAO
13-0356
01/16/13
HB 404-FN - FISCAL NOTE
AN ACT relative to earned time credits for inmates participating in rehabilitative programming.
FISCAL IMPACT:
Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time. When completed, the fiscal note will be forwarded to the House Clerk's Office.