Revision: Dec. 14, 2015, midnight
\t \t\tHB 1584-FN - AS INTRODUCED
2016 SESSION
\t16-2171
\t04/01
HOUSE BILL\t1584-FN
AN ACT\trelative to minimum and maximum sentences for felony convictions.
SPONSORS:\tRep. Cushing, Rock. 21; Rep. Welch, Rock. 13
COMMITTEE:\tCriminal Justice and Public Safety
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ANALYSIS
\tThis bill reduces the minimum and increases the maximum sentences imprisonment for felony convictions. The bill also increases the amount per day of incarceration deducted for nonpayment of a fine.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2171
\t04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to minimum and maximum sentences for felony convictions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Classification of Crimes. Amend RSA 625:9, III(a)(1)-(2) to read as follows:
\t\t\t\t(1) Class A felonies are crimes so designated by statute within or outside this code and any crime defined by statute outside of this code for which the [maximum penalty, exclusive of fine, is imprisonment in excess of 7 years] penalty, exclusive of fine, is imprisonment for not less than 5 years and not more than 17 1/2 years.
\t\t\t\t(2) Class B felonies are crimes so designated by statute within or outside this code and any crime defined outside of this code for which the [maximum penalty, exclusive of fine, is imprisonment in excess of one year but not in excess of 7 years] penalty, exclusive of fine, is imprisonment for not less than 2 years and not more than 8 years.
\t2 Discharge of Person Committed in Default of Payment of Fine. Amend RSA 618:8 and 618:9 to read as follows:
\t618:8 At End of Term, or on Payment of Balance. Any person sentenced conditionally to pay a fine or to be imprisoned for a term shall be discharged at the expiration of the term, and may be discharged at any time on payment of the balance of the fine, after deducting [$50] $125 for each day such person has been imprisoned under the sentence.
\t618:9 Committal for Nonpayment; Term. Whenever a person is committed to a county correctional facility in default of payment of a fine imposed by a justice of a superior court or a district court, he or she shall be discharged from custody by the superintendent thereof at the expiration of a number of days after the date of his or her commitment equal to one day for each [$50] $125 of the fine so imposed. The superintendent shall keep a record of all discharges made under the provisions of this section.
\t3 Effective Date. This act shall take effect January 1, 2017.
\t\t\t\t\t\t\t\t\t\t\t16-2171
\t\t\t\t\t\t\t\t\t\t\t12/3/15
HB 1584-FN- FISCAL NOTE
AN ACT\trelative to minimum and maximum sentences for felony convictions.
FISCAL IMPACT:
The Department of Corrections and New Hampshire Association of Counties state this bill, as introduced, may decrease state general fund expenditures by an indeterminable amount and have an indeterminable fiscal impact on county expenditures in FY 2017 and each year thereafter. There is no fiscal impact on local expenditures or state, county, and local revenue.
METHODOLOGY:
The Department of Corrections states this bill reduces the minimum and maximum for felony convictions and increases the amount per day of incarceration deducted for nonpayment of a fine. The Department does not have specific data to determine the fiscal impact but anticipates this bill will result in shorter stays in the prison which may result in decreased costs. The Department states the average annual cost of incarcerating an individual in the general population for the fiscal year ending June 30, 2015 was $34,336. The average cost to supervise an individual by the Department’s Division of Field Services for the fiscal year ending June 30, 2015 was $520.
The New Hampshire Association of Counties states the changing of the per day incarceration fine amount from $50 to $125 has no direct impact on the counties as the increased amount more accurately reflects the daily costs to incarcerate an individual in a county facility. The Association states the daily cost to incarcerate an individual is $85 to $110. The Association states this bill will have an indeterminable impact on county expenditures as the Association is not able to determine the impact this bill will have on prosecutions and potential incarcerations.
The Judicial Branch, Department of Justice, and Judicial Council state this bill will not have a fiscal impact on their expenditures.