SB68 (2017) Detail

Relative to sentencing for violations of probation.


CHAPTER 35

SB 68 - FINAL VERSION

 

 

2017 SESSION

17-0768

04/03

 

SENATE BILL 68

 

AN ACT relative to sentencing for violations of probation.

 

SPONSORS: Sen. D'Allesandro, Dist 20; Rep. Welch, Rock. 13; Rep. Cushing, Rock. 21

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill amends the sentencing and limitations statute to provide the court with additional options for sentencing a probationer who violates his or her probation.  

 

This bill is a request of the department of corrections.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0768

04/03

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to sentencing for violations of probation.

 

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

 

35:1  Sentences and Limitations.  Amend RSA 651:2, V(a) to read as follows:

(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.

35:2  Sentences and Limitations.  Amend RSA 651:2, VII to read as follows:

VII.(a)  If a probationer violates his or her probation, the court may order any of the following:

(1)  Continue the sentence of probation.

(2)  Modify the conditions of the probation.

(3)  Extend the period of probation, provided the probationer agrees to the extension and the original period of probation plus any extension shall not exceed the probation periods authorized in paragraph V.

(4)  Revoke the sentence of probation.

(b)  When a sentence of probation or a conditional discharge is revoked, the [defendant] probationer 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] probationer shall be sentenced to imprisonment as authorized by paragraph II.

35:3  Effective Date.  This act shall take effect 60 days after its passage.

Approved: May 09, 2017

Effective Date: July 08, 2017

 

Links

SB68 at GenCourtMobile

Action Dates

Date Body Type
Jan. 24, 2017 Senate Hearing
Feb. 16, 2017 Senate Floor Vote
March 15, 2017 House Hearing
March 22, 2017 House Exec Session
April 20, 2017 House Floor Vote

Bill Text Revisions

SB68 Revision: 1294 Date: May 10, 2017, 9:33 a.m.
SB68 Revision: 1295 Date: April 20, 2017, 2:19 p.m.
SB68 Revision: 1296 Date: Jan. 24, 2017, 10:15 a.m.

Docket

Date Status
Jan. 5, 2017 Introduced 01/05/2017 and Referred to Judiciary; SJ 4
Jan. 24, 2017 Hearing: 01/24/2017, Room 100, SH, 10:00 am; SC 7
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 Criminal Justice and Public Safety HJ 8 P. 45
March 15, 2017 Public Hearing: 03/15/2017 01:00 PM LOB 204
March 22, 2017 Executive Session: 03/22/2017 01:00 PM LOB 204
April 20, 2017 Committee Report: Ought to Pass for 04/20/2017 (Vote 20-0; CC) HC 20 P. 4
April 20, 2017 Ought to Pass: MA VV 04/20/2017 HJ 14 P. 3
April 20, 2017 Enrolled 04/20/2017 HJ 14 P. 26
April 27, 2017 Enrolled (In recess 04/27/2017); SJ 16
July 8, 2017 Signed by the Governor on 05/09/2017; Chapter 0035; Effective 07/08/2017