Revision: Dec. 18, 2015, midnight
\t \t\tSB 340 - AS INTRODUCED
2016 SESSION
\t16-2776
\t09/04
SENATE BILL\t340
AN ACT\trelative to sentencing violations of probation.
SPONSORS:\tSen. D'Allesandro, Dist 20; Sen. Fuller Clark, Dist 21; Sen. Hosmer, Dist 7; Sen. Watters, Dist 4
COMMITTEE:\tJudiciary
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ANALYSIS
\tThis bill establishes alternative options for judges when sentencing defendants for probation violations.
\tThis bill was requested by the department of corrections.
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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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2776
\t09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to sentencing violations of probation.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Sentences and Limitations. Amend RSA 651:2, V(a) to read as follows:
\t\tV.(a) A person may be placed on probation if the court finds that such person is in need of the supervision and guidance that the probation service can provide under such conditions as the court may impose. The period of probation shall be for a period to be fixed by the court not to exceed 5 years for a felony and 2 years for a class A misdemeanor; provided that the court may extend or modify the period of probation in accordance with subparagraph VII(a). Upon petition of the probation officer or the probationer, the period may be terminated sooner by the court if the conduct of the probationer warrants it.
\t2 Sentences and Limitations. Amend RSA 651:2, VII to read as follows:
\t\tVII.(a) If a violation of probation is established, the court may:
\t\t\t\t(1) Continue the sentence of probation;
\t\t\t\t(2) Modify or enlarge the conditions of probation;
\t\t\t\t(3) Extend the period of probation, provided the original period with any extensions shall not exceed the periods authorized by paragraph V; or
\t\t\t\t(4) Revoke the sentence of probation.
\t\t\t(b) When a probation or a conditional discharge is revoked, the defendant may be fined, as authorized by paragraph IV, if a fine was not imposed in addition to the probation or conditional discharge. Otherwise the defendant shall be sentenced to imprisonment as authorized by paragraph II, or the court may impose any lesser sentence.
\t3 Effective Date. This act shall take effect January 1, 2017.