Bill Text - HB1692 (2016)

Revising the procedures relating to parole violation and parole revocation.


Revision: Dec. 30, 2015, midnight

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HB 1692-FN - AS INTRODUCED

 

2016 SESSION

\t16-2281

\t04/05

 

HOUSE BILL\t1692-FN

 

AN ACT\trevising the procedures relating to parole violation and parole revocation.

 

SPONSORS:\tRep. Abrami, Rock. 19; Rep. J. Ward, Rock. 19

 

COMMITTEE:\tCriminal Justice and Public Safety

 

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ANALYSIS

 

\tThis bill amends the procedure relating to violation and revocation of parole.

 

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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2281

\t04/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\trevising the procedures relating to parole violation and parole revocation.

 

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

 

\t1  Probationers and Parolees; Violation of the Terms of Probation or Parole.  Amend RSA 504-A:4, I-II to read as follows:

\t\tI.  Any probationer or parolee may be arrested without warrant at any time by any probation or parole officer, or any other officer authorized to arrest upon request of a probation or parole officer, when the probation or parole officer has reason to believe that the probationer or parolee has committed a new criminal offense or is conducting himself or herself in such a way as to be a menace to public safety, or there is probable cause to believe that the probationer or parolee will abscond or commit new criminal offenses if not arrested.  Bail shall not be granted to any parolee arrested pursuant to this paragraph.

\t\tII.  When a parolee violates the conditions of his or her parole but does not meet the criteria for immediate arrest, a probation or parole officer with knowledge of the circumstances of the parole violation shall report the facts surrounding the violation to any member of the parole board who may issue a warrant for the arrest of the parolee.\t

\t2  Parole of Prisoners; Effect of Recommittal.  Amend RSA 651-A:19 to read as follows:

\t651-A:19  Effect of Recommittal.

\t\tI.  A prisoner who is recommitted shall serve [90 days] 2 years in prison before being placed back on parole or the remainder of his or her maximum sentence, whichever is shorter, or may be subject to an extended term of recommittal pursuant to paragraphs III and IV.  The time between the return of the parolee to prison after arrest and revocation of parole shall be considered as time served as a portion of the maximum sentence.  The [90-day] 2-year recommittal period may be calculated from the date of the arrest or from the date of the hearing, as ordered by the parole board.

\t\tII.  Prisoners who are recommitted shall be provided access to focused, evidence-based programming aimed at reengaging parolees in their parole plan.

\t\tIII.  The parole board may impose an extended term of recommittal for greater than [90 days] 2 years if:

\t\t\t(a)  The prisoner has previously been found true for a parole violation on his or her current sentence or another sentence for which he or she was concurrently serving a term of parole; or

\t\t\t(b)  The prisoner was on parole for a sexual offense as defined in RSA 651-B:1, V or an offense against a child as defined in RSA 651-B:1, VII and the prisoner has displayed a combination of dynamic risk factors, including but not limited to, homelessness, loss of supports, substance abuse, or non-compliance with treatment, as determined by the department of corrections sexual offender treatment program staff; or

\t\t\t(c)  The prisoner was on parole for a violent crime as defined in RSA 651:5, XIII; or

\t\t\t(d)  The nature of the conduct underlying the parole violation constitutes a criminal act or is otherwise so serious as to warrant an extended period of recommittal; or

\t\t\t(e)  The conduct underlying the parole violation is related to his or her offense or offending pattern.

\t\tIV.(a)  A prisoner shall be brought before the parole board at any time during the [90-day] 2-year term of recommittal to determine whether a longer term is warranted if:

\t\t\t\t(1)  The prisoner did not meaningfully participate in the evidence-based programming during the [90-day] 2-year recommittal period; or

\t\t\t\t(2)  The prisoner received one or more major disciplinary violations during the [90-day] 2-year recommittal period.

\t\t\t(b)  The prisoner shall be provided notice of the hearing and the basis of the parole board's consideration of an extended term.

\t\tV.  The imposition of an extended term of recommittal pursuant to paragraph III or IV shall be supported by written findings and a written order.

\t\tVI.  Any prisoner who is subject to an extended term of recommittal shall, upon request, be entitled to a hearing before the parole board after serving 6 months of his or her term of recommittal and every 6 months thereafter.

\t\t[VII.  At the revocation hearing, the parole board may impose a term of recommittal for less than 90 days if:

\t\t\t(a)  The prisoner has not been previously found true for a parole violation on his or her current sentence or another sentence for which he or she was concurrently serving a term of parole;

\t\t\t(b)  The prisoner was not on parole for a sexual offense as defined in RSA 651-B:1, V or an offense against a child as defined in RSA 651-B:1, VII;

\t\t\t(c)  The prisoner was not on parole for a violent crime as defined in RSA 651:5, XIII;

\t\t\t(d)  The parole violation is not substantially related to his or her offense or offending pattern; and

\t\t\t(e)  The parole board determines that a lesser period of recommittal will aid in the rehabilitation of the parolee.]

\t3  Parole of Prisoners; Parole Revocation.  Amend RSA 651-A:17 to read as follows:

\t651-A:17  Parole Revocation.  Any parolee arrested under RSA 651-A:15-a shall be entitled to a hearing before the board within 45 days, in addition to any preliminary hearing which is required under RSA 504-A:5.  The parolee shall have the right to appear and be heard at the revocation hearing.  The board shall have power to subpoena witnesses, pay said witnesses such fees and expenses as allowed under RSA 516:16, and administer oaths in any proceeding or examination instituted before or conducted by it, and to compel, by subpoena duces tecum, the production of any accounts, books, contracts, records, documents, memoranda, papers or tangible objects of any kind.  If the board, after a hearing, finds that the parolee has violated the conditions of parole, violated the law, or associated with criminal companions and in its judgment should be returned to the custody of the commissioner of corrections, the board shall revoke the parole.  A prisoner whose parole is revoked shall be recommitted to the custody of the commissioner of corrections.  This provision shall not apply to a parolee who has accepted an option, offered by a probation/parole officer, to participate in an intermediate sanction program and has waived his or her right to counsel and to a preliminary hearing under RSA 504-A:5.  If the board, after a hearing, finds that the parolee did not violate the conditions of parole, the parolee shall be returned to parole.

\t4  Effective Date.  This act shall take effect January 1, 2017.

 

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\t\t\t\t\t\t\t\t\t\t\t16-2281

\t\t\t\t\t\t\t\t\t\t\t12/22/15

 

HB 1692-FN- FISCAL NOTE

 

AN ACT\trevising the procedures relating to parole violation and parole revocation.

 

 

FISCAL IMPACT:

Due to time constraints, the Office of Legislative Budget Assistant is unable to provide a fiscal note for this bill, as introduced, at this time.  When completed, the fiscal note will be forwarded to the House Clerk's Office.

 

 

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