HB 649-FN – VERSION ADOPTED BY BOTH BODIES
8Jan2014… 2356h
04/17/14 1213s
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 who participate in, or complete, educational, vocational, mental health, or substance use 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
8Jan2014… 2356h
04/17/14 1213s
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; Earned Time Credits. Amend RSA 651-A by inserting after section 22 the following new section:
651-A:22-a Earned Time Credits.
I. The commissioner, after reviewing a prisoner’s record, shall award to a prisoner or recommend that the prisoner receive 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 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 who meaningfully participates in recommended or mandated mental health and/or substance use treatment that is authorized and approved by the department or that the commissioner deems to be valuable to the prisoner’s rehabilitation, shall be entitled to a one-time reduction of 60 days in his or her minimum sentence and a one-time reduction of 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 who meaningfully 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 one-time reduction of 60 days in his or her minimum sentence and a one-time reduction of 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 who were incarcerated on or after the effective date of this section and who have been granted this option by the presiding justice at the time of sentencing. The earned time reductions authorized in paragraph I of this section shall be available to prisoners who were incarcerated prior to the effective date of this section upon recommendation of the commissioner and upon approval of the sentencing court in response to a petition which is timely brought by the prisoner.
III. The earned time reductions authorized in paragraph I of this section shall only be earned and available to prisoners while in the least restrictive security classifications of general population and minimum security. The earned time may be forfeited for involvement or membership in a security threat group, attempted escape, escape, or commission of any category A offense listed in the department of corrections policy and procedure directives.
IV. The earned time reductions granted under this section shall not exceed 13 months off the prisoner’s minimum sentence and 13 months off the prisoner’s maximum sentence.
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
Amended 04/21/14
HB 649-FN 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 amended by the Senate (Amendment #2014-1213s), will have an indeterminable impact on state expenditures in FY 2015 and each year thereafter. There is no fiscal impact on county and local revenue and expenditures, or state revenue.
METHODOLOGY:
The Department of Corrections states this bill authorizes the Commissioner to award earned time credits to prisoners 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.