HB 649-FN – AS INTRODUCED
2013 SESSION
04/01
HOUSE BILL 649-FN
AN ACT relative to earned time credits for certain prisoners participating in educational and rehabilitative programming.
SPONSORS: Rep. Gile, Merr 27; Rep. Charron, Rock 4; Rep. Shurtleff, Merr 11; Rep. Gargasz, Hills 27; Sen. D'Allesandro, Dist 20; Sen. Stiles, Dist 24
COMMITTEE: Criminal Justice and Public Safety
This bill authorizes the commissioner of the department of corrections to award earned time credits for prisoners between the ages of 17 and 25 who participate in, or complete, educational, vocational, or mental health 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
13-0716
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Thirteen
AN ACT relative to earned time credits for certain prisoners participating in educational and rehabilitative programming.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Parole of Prisoners Ages 17-25; Earned Time Credits. Amend RSA 651-A by inserting after section 22 the following new section:
651-A:22-a Earned Time Credits; Prisoners Ages 17-25.
I. The commissioner, after reviewing a prisoner’s record, shall award to a prisoner between 17 and 25 years of age 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 120 day reduction in the prisoner’s minimum sentence and 120 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.
(b) Vocational Programming. A prisoner between 17 and 25 years of age 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 Programming. A prisoner between 17 and 25 years of age who successfully completes a mental health program that is authorized and approved by the department or who successfully completes a mental health 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.
(d) Participation in Family Connections Center Programming. A prisoner who is a parent and is between 17 and 25 years of age who participates in the programming offered by the Family Connections Center 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.
II. The earned time reductions authorized in paragraph I of this section shall be available to prisoners between 17 and 25 years of age who were incarcerated on, prior to, 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
13-0716
Revised 09/16/13
HB 649 FISCAL NOTE
AN ACT relative to earned time credits for certain prisoners participating in educational and rehabilitative programming.
FISCAL IMPACT:
The Department of Corrections states this bill, as introduced, will have an indeterminable impact on state expenditures in FY 2014 and each year thereafter. There is no fiscal impact on county and local revenue and expenditures or state revenue.
The Department of Corrections was contacted on January 11, 2013 and again on August 23, 2013 for a fiscal note worksheet, which the Department provided on September 9, 2013.
METHODOLOGY:
The Department of Corrections states this bill authorizes the Commissioner to award earned time credits to prisoners between the ages of 17 and 25 who complete educational, vocational or mental health programming and for prisoners that participate in programming offered by the family connections center. The Department states it is not able to determine the fiscal impact of this bill as the Department has no information to determine how many individuals may choose to participate in programming that would result in earned time credit.