Revision: Jan. 31, 2013, midnight
HB 644-FN – AS INTRODUCED
2013 SESSION
04/05
HOUSE BILL 644-FN
AN ACT relative to parole procedures.
SPONSORS: Rep. Shurtleff, Merr 11; Rep. Sytek, Rock 8; Rep. Charron, Rock 4; Sen. Carson, Dist 14
COMMITTEE: Criminal Justice and Public Safety
This bill makes various changes to the laws governing parole of prisoners including: requiring the department of corrections to post notice of parole hearings on the department’s website and amending the procedure for calculating the recommittal period for persons who violate the conditions of parole.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0658
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to parole procedures.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Parole of Prisoners; Notice of Hearings. Amend RSA 651-A:11, I to read as follows:
I. At least 15 and not more than 30 days prior to any parole hearing, the adult parole board shall [twice publish, in a newspaper of general circulation within the county where the offense occurred, a notice stating the intention of the person to seek parole] post notice stating the intent of the person to seek parole in the adult parole board section of the department of corrections’ Internet site. Said notice shall [contain] include the name and birth date of the applicant and the date, time, and location of the parole hearing.
2 Parole of Prisoners; Notice of Hearings. Amend RSA 651-A:11, II-a to read as follows:
II-a. At least 15 and not more than 30 days prior to any parole hearing, the adult parole board shall [send] provide a copy of the information described in paragraph I [by first class mail] to the department of corrections which shall send a copy of such information by first class mail to the victim of the person seeking parole, or to the next of kin of such victim if the victim has died, if request for such notice has been filed with the [board] department of corrections. The victim or next of kin so requesting shall keep the [board] department of corrections apprised of his or her current mailing address.
3 Parole of Prisoners; Report Required. Amend RSA 651-A:16, I(e) to read as follows:
(e) Is placed in an intermediate sanction [program] by a probation/parole officer in lieu of revocation.
4 Parole of Prisoners; Intermediate Sanction. Amend RSA 651-A:16-a to read as follows:
651-A:16-a Intermediate Sanction [Programs].
I. The commissioner shall establish [one or more intermediate sanction programs to include] a 7-day residential [program] sanction located in a halfway house facility.
II. Probation/parole officers may place a parolee in an intermediate sanction [program] in lieu of a parole revocation hearing only if the offender agrees to participate.
5 Parole of Prisoners; Effect of Recommittal. Amend RSA 651-A:19, I to read as follows:
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. The 90-day recommittal period may be calculated from the date of the arrest or from the date of the hearing, as ordered by the parole board.
6 Parole of Prisoners; Effect of Recommittal. Amend RSA 651-A:19, III(a) to read as follows:
(a) The prisoner has previously been [recommitted] found true for a parole violation on any sentence during the 5 years preceding the date of the parole violation; or
7 Parole of Prisoners; Effect of Recommittal. Amend RSA 651-A:19, VII(a) to read as follows:
(a) The prisoner has not been previously [recommitted] found true for a parole violation on any sentence during the 5 years preceding the date of the parole violation;
8 Repeal. RSA 651-A:6, I(b), relative to the parole of certain nonviolent offenders, is repealed.
9 Applicability. The provisions of this act shall apply to:
I. Any person who is on parole or eligible for parole, on or after the effective date of this act; and
II. Any person who, on or after the effective date of this act, has violated the conditions of parole after a hearing pursuant to RSA 651-A:17.
10 Effective Date. This act shall take effect 60 days after its passage.
LBAO
13-0658
01/29/13
HB 644-FN – FISCAL NOTE
AN ACT relative to parole procedures.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill, as introduced, as it is awaiting information from the Department of Corrections and the Adult Parole Board. When completed, the fiscal note will be forwarded to the House Clerk's Office.