Bill Text - SB517 (2016)

Increasing the amount deducted from a fine for each day of a person's incarceration.


Revision: Jan. 28, 2016, midnight

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SB 517-FN - AS INTRODUCED

 

2016 SESSION

\t16-2757

\t04/08

 

SENATE BILL\t517-FN

 

AN ACT\tincreasing the amount deducted from a fine for each day of a person's incarceration.

 

SPONSORS:\tSen. Bradley, Dist 3; Sen. Feltes, Dist 15; Sen. Woodburn, Dist 1; Sen. Stiles, Dist 24; Rep. Pantelakos, Rock. 25; Rep. Welch, Rock. 13

 

COMMITTEE:\tJudiciary

 

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ANALYSIS

 

\tThis bill increases the amount deducted from a fine for each day of a person's incarceration.  

 

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\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.

\t16-2757

\t04/08

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Sixteen

 

AN ACT\tincreasing the amount deducted from a fine for each day of a person's incarceration.

 

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

 

\t1  Discharge Upon Payment of Balance 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] $150 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] $150 of the fine so imposed.  The superintendent shall keep a record of all discharges made under the provisions of this section.

\t2  Effective Date.  This act shall take effect upon its passage.

 

\t\t\t\t\t\t\t\t\t\t\tLBAO

\t\t\t\t\t\t\t\t\t\t\t16-2757

\t\t\t\t\t\t\t\t\t\t\t1/15/16

 

SB 517-FN- FISCAL NOTE

 

AN ACT\tincreasing the amount deducted from a fine for each day of a person's incarceration.

 

 

FISCAL IMPACT:

The New Hampshire Association of Counties and Department of Safety state this bill, as introduced, will decrease county expenditures by an indeterminable amount in FY 2017 and each year thereafter.  There will be no impact on state, county and local revenue or on state and local expenditures.

 

METHODOLOGY:

The New Hampshire Association of Counties states this bill would reduce county expenditures by an indeterminable amount.  The Association indicates the impact would depend on the number of individuals incarcerated whose sentence is dependent upon payment of their fine.  The Association cannot project the number of such instances, but indicates the estimated average daily cost of incarcerating an individual is between $85 and $110.

 

The Department of Safety states this bill increases the amount deducted from a person’s fine for each day of a person’s incarceration from $50 per day to $150 per day.  The Department assumes there would be no loss of revenue since fine amounts not paid due to incarceration are not currently collected.  The Department states there would be no impact on the Department’s budget, but assumes county incarceration costs would decrease since individuals would receive three times the credit against their fine for each day of incarceration.  

 

The New Hampshire Municipal Association states this bill will not affect municipal revenue or expenditures.

 

The Judicial Branch states the proposed changes to RSA 618:8 and RSA 618:9 will not increase or decrease caseloads and will have no fiscal impact on the Branch.