HB472 (2015) Detail

Relative to the parole board and parole board procedures.


CHAPTER 194

HB 472 – FINAL VERSION

05/28/2015 1860s

2015 SESSION

15-0419

04/05

HOUSE BILL 472

AN ACT relative to the parole board and parole board procedures.

SPONSORS: Rep. Sytek, Rock 8; Rep. Cushing, Rock 21; Sen. Soucy, Dist 18

COMMITTEE: Executive Departments and Administration

AMENDED ANALYSIS

This bill:

I. Increases the membership on the adult parole board from 7 to 9.

II. Makes changes to the notice requirements for adult parole board hearings and to requirements for reduction of maximum sentence while on parole.

III. Repeals the statute authorizing early discharge for good conduct.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/28/2015 1860s

15-0419

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fifteen

AN ACT relative to the parole board and parole board procedures.

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

194:1 Parole of Prisoners; Adult Parole Board. Amend RSA 651-A:3, I to read as follows:

I. There shall be an adult parole board with [7] 9 members. The members of the board shall be appointed by the governor with the consent of the council for staggered terms of 5 years or until their successors are appointed. No member shall serve more than 2 consecutive terms. A vacancy on the board shall be filled for the unexpired term. The governor shall designate one member as chairman, and the chairman shall designate one other member to serve as chairman in his absence. In the case of a revocation hearing an attorney of the board shall be present at the hearing. Board members shall be paid $100 a day plus mileage at the state employee rate while engaged in parole hearings or administrative meetings.

194:2 Parole of Prisoners; Notice of Hearings. Amend RSA 651-A:11 to read as follows:

651-A:11 Notice of Hearings.

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 and shall 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 notices shall include the name and birth date of the applicant and the date, time, and location of the parole hearing] post notice on the department of corrections Internet site stating the name and birthdate of the person seeking parole and the date, time, and location of the parole hearing.

II. At least 15 and not more than 30 days prior to any parole hearing, the adult parole board shall send by first class mail or electronic communication to each chief of police and county attorney of the place where the offense occurred, where the person resided prior to conviction, or where the person intends to reside after release, a copy of the information described in paragraph I.

II-a. At least 15 and not more than 30 days prior to any parole hearing, the adult parole board shall provide a copy of the information described in paragraph I to the department of corrections which shall send a copy of such information by first class mail or electronic communication 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 department of corrections. The victim or next of kin so requesting shall keep the department of corrections apprised of his or her current mailing address or other contact information.

III. The adult parole board shall conduct no parole hearing without first having met the notice requirements of this section.

194:3 Parole of Prisoners; Reduction of Maximum Sentence While on Parole. Amend RSA 651-A:12 to read as follows:

651-A:12 Reduction of Maximum Sentence While on Parole. Any person who is on parole from the state prison on a permit under the provisions of this chapter may be granted a reduction of maximum term of his or her sentence equal to 1/3 of the period of time during which the parolee is at liberty on said permit, provided that [said parolee is not recommitted to the state prison or has not been cited as a parole violator, pursuant to the provisions of this chapter] in making such a decision, the parole board shall consider the conduct of the parolee while under supervision, the seriousness of the offense, the amount of restitution owed, and any information provided by the victim. The parolee may be granted a discharge at the expiration of his or her maximum sentence less deductions provided for in this chapter.

194:4 Repeal. RSA 651-A:14, relative to early discharge for good conduct, is repealed.

194:5 Effective Date. This act shall take effect July 1, 2015.

Approved: July 6, 2015

Effective Date: July 1, 2015