SB200 (2017) Detail

Relative to incarceration for nonpayment of an assessment or nonperformance of community service.


CHAPTER 86

SB 200-FN - FINAL VERSION

 

04/27/2017   1539EBA

2017 SESSION

17-0966

04/03

 

SENATE BILL 200-FN

 

AN ACT relative to incarceration for nonpayment of an assessment or nonperformance of community service.

 

SPONSORS: Sen. Feltes, Dist 15; Sen. Bradley, Dist 3; Sen. Carson, Dist 14; Rep. Rouillard, Hills. 6; Rep. Berch, Ches. 1; Rep. W. Pearson, Ches. 16

 

COMMITTEE: Judiciary

 

-----------------------------------------------------------------

 

ANALYSIS

 

This bill requires appointment of counsel for an indigent defendant in cases involving nonpayment of an assessment or nonperformance of community service.

 

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

 

Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04/27/2017   1539EBA 17-0966

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to incarceration for nonpayment of an assessment or nonperformance of community service.

 

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

 

86:1  New Section; Appointment of Counsel in Cases of Nonpayment or Nonperformance.  Amend RSA 604-A by inserting after section 2-e the following new section:

604-A:2-f  Appointment of Counsel for Nonpayment or Nonperformance.  

I.  No defendant shall be incarcerated after a final hearing for nonpayment of an assessment or nonperformance of community service unless counsel has been appointed for a defendant who is indigent or such defendant has executed a valid waiver of counsel for the final hearing.  Incarceration of such defendant may occur only if the court, after having conducted an ability to pay or ability to perform final hearing at which the court has made a specific inquiry of the defendant concerning his or her financial circumstances and his or her reasons for nonpayment or nonperformance, finds that the defendant willfully failed to pay the assessment or perform the community service.

II.  Prior to conducting an ability to pay or ability to perform final hearing, the court shall:

(a)  Provide the defendant with a financial affidavit and direct the defendant to complete the affidavit;

(b)  Inform the defendant that he or she may be immediately incarcerated if the court finds that he or she has willfully failed to comply with the court's prior order to pay an assessment or perform community service;

(c)  Inform the defendant that he or she is entitled to counsel for the final hearing in which incarceration is a possible outcome and, if the defendant cannot afford one, the court will appoint one; and

(d)  Explain the issues to be decided at the final hearing as well as the process provided.

III.  The court shall appoint counsel to represent an indigent defendant at a final hearing on an ability to pay or perform held pursuant to this section if incarceration is a possible outcome of the final hearing.

IV.  When the court appoints counsel to represent a defendant in a proceeding under this section, the court shall grant the defendant relief from the obligation to repay the state for appointed counsel fees under RSA 604-A:9, I-b, if the court determines that the defendant is financially unable to repay.

 

 

86:2  Effective Date.  This act shall take effect 60 days after its passage.

 

Approved: June 02, 2017

Effective Date: August 01, 2017

 

 

 

Links

SB200 at GenCourtMobile

Action Dates

Date Body Type
Feb. 7, 2017 Senate Hearing
Feb. 16, 2017 Senate Floor Vote
March 15, 2017 House Hearing
March 29, 2017 House Exec Session
April 20, 2017 House Floor Vote

Bill Text Revisions

SB200 Revision: 1267 Date: June 6, 2017, 11:57 a.m.
SB200 Revision: 1268 Date: May 3, 2017, 1:45 p.m.
SB200 Revision: 1269 Date: Jan. 31, 2017, 9:42 a.m.

Docket

Date Status
Jan. 19, 2017 Introduced 01/19/2017 and Referred to Judiciary; SJ 5
Feb. 7, 2017 Hearing: 02/07/2017, Room 100, SH, 09:40 am; SC 9
Feb. 16, 2017 Committee Report: Ought to Pass, 02/16/2017; Vote 5-0; CC; SC 10
Feb. 16, 2017 Ought to Pass: MA, VV; OT3rdg; 02/16/2017; SJ 6
Feb. 16, 2017 Introduced 02/16/2017 and referred to Judiciary HJ 8 P. 46
March 15, 2017 Public Hearing: 03/15/2017 01:30 PM LOB 208
March 29, 2017 Executive Session: 03/29/2017 LOB 208
April 20, 2017 Committee Report: Ought to Pass for 04/20/2017 (Vote 17-0; CC) HC 20 P. 6
April 20, 2017 Ought to Pass: MA VV 04/20/2017 HJ 14 P. 8
April 20, 2017 Enrolled Bill Amendment # 2017-1539e: AA VV 04/20/2017 HJ 14 P. 25
April 27, 2017 Enrolled Bill Amendment # 2017-1539e Adopted, VV, (In recess of 04/27/2017); SJ 16
May 4, 2017 Enrolled 05/04/2017 HJ 15 P. 47
April 27, 2017 Enrolled (In recess 04/27/2017); SJ 16
Aug. 1, 2017 Signed by the Governor on 06/02/2017; Chapter 0086; Effective 08/01/2017