Revision: March 8, 2016, midnight
\t \t\tHB 1426-FN - AS INTRODUCED
2016 SESSION
\t16-2003
\t04/03
HOUSE BILL\t1426-FN
AN ACT\trelative to earned time credits for prisoners participating in rehabilitative or educational programming.
SPONSORS:\tRep. Welch, Rock. 13; Rep. Cushing, Rock. 21; Rep. Pantelakos, Rock. 25; Sen. D'Allesandro, Dist 20
COMMITTEE:\tCriminal Justice and Public Safety
-----------------------------------------------------------------
ANALYSIS
\tThis bill makes changes to the procedures for awarding earned time credits to prisoners.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2003
\t04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to earned time credits for prisoners participating in rehabilitative or educational programming.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Parole of Prisoners; Earned Time Credits Amend RSA 651-A:22-a to read as follows:
\t651-A:22-a Earned Time Credits.
\t\tI. 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:
\t\t\t(a) Education Programs:
\t\t\t\t(1) GED \t\t\t\t90 day reduction in the prisoner's minimum sentence and 90 day reduction in the prisoner's maximum sentence.
\t\t\t\t(2) High School Diploma\t120 day reduction in the prisoner's minimum sentence and 120 day reduction in the prisoner's maximum sentence.
\t\t\t\t(3) Associate's Degree\t180 day reduction in the prisoner's minimum sentence and 180 day reduction in the prisoner's maximum sentence.
\t\t\t\t(4) Bachelor's Degree\t180 day reduction in the prisoner's minimum sentence and 180 day reduction in the prisoner's maximum sentence.
\t\t\t\t(5) Master's Degree \t180 day reduction in the prisoner's minimum sentence and 180 day reduction in the prisoner's maximum sentence.
\t\t\t\t(6) Doctorate Degree \t180 day reduction in the prisoner's minimum sentence and 180 day reduction in the prisoner's maximum sentence.
\t\t\t\t(7) A prisoner shall be entitled to a reduction of 3 days in his or her maximum sentence for each course that is earned toward a high school diploma, as determined by the department of education. If a prisoner completes his or her high school diploma while incarcerated, the prisoner shall be eligible only for the difference between earned time credits awarded under this subparagraph and the earned time credits awarded under subparagraph (a)(2). The commissioner shall establish procedures, which shall be exempt from RSA 541-A, for awarding such reductions.
\t\t\t(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 for each program completed. The commissioner shall establish procedures, which shall be exempt from RSA 541-A, for awarding such reductions.
\t\t\t(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.
\t\t\t(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.
\t\t\t(e) Correctional Industries On-the-Job Training. A prisoner who is awarded a master's certificate in a correctional industries job that is authorized and approved by the department, shall be entitled to a reduction of 60 days in his or her minimum sentence and a reduction of 60 days in his or her maximum sentence for each master's certificate earned. The commissioner shall establish procedures, which shall be exempt from RSA 541-A, for awarding such reductions.
\t\t\t(f) Other Programs. A prisoner who meaningfully participates in recommended or mandated treatment that is authorized and approved by the department or is deemed by the commissioner to be valuable to the prisoner's rehabilitation that are not covered under subparagraphs (a)-(e), 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.\t
\t\tII. 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 or who were awarded earned time credits 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.
\t\tIII. 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.
\t\tIV. The earned time reductions granted under this section shall not exceed [13] 21 months off the prisoner's minimum sentence and [13] 21 months off the prisoner's maximum sentence.
\t2 Effective Date. This act shall take effect 60 days after its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2003
\t\t\t\t\t\t\t\t\t\t\t11/2/15
HB 1426-FN- FISCAL NOTE
AN ACT\trelative to earned time credits for prisoners participating in rehabilitative educational programming.
FISCAL IMPACT:
The Department of Corrections states this bill, as introduced, will have an indeterminable fiscal impact on state expenditures in FY 2017 and in each year thereafter. There will be no fiscal impact on state revenue or on county and local expenditures or revenue.
METHODOLOGY:
The Department of Corrections states this bill would make changes to the procedures for awarding earned time credits to prisoners. The changes expand the eligible programs to include completion of a Master’s Degree, Doctorate Degree, and participation in Correctional Industries and other programs. The Department states it cannot estimate how many inmates would participate in the newly eligible programs in order to have their sentences reduced. The Department makes the following assumptions concerning this bill: