HB 1611-FN - AS INTRODUCED
2020 SESSION
20-2303
04/08
HOUSE BILL 1611-FN
AN ACT relative to incarceration under a suspended sentence.
SPONSORS: Rep. Thompson, Ches. 14; Rep. Welch, Rock. 13; Rep. Swinburne, Ches. 10; Rep. Schapiro, Ches. 16
COMMITTEE: Criminal Justice and Public Safety
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ANALYSIS
This bill amends the amount of time that must be served by a person incarcerated under a suspended sentence to petition for the suspension of the remainder of the sentence.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
20-2303
04/08
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty
AN ACT relative to incarceration under a suspended sentence.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Incarceration Under a Suspended Sentence. Amend RSA 651:20, I(a) to read as follows:
(a) Any person sentenced to state prison for a minimum term of 6 years or more shall not bring a petition to suspend sentence until such person [has served at least 4 years or 2/3 of his minimum sentence, whichever is greater,] is within 18 months of serving 2/3 of the minimum sentence, and not more frequently than every 3 years thereafter. Any person sentenced to state prison for a minimum term of less than 6 years shall not bring a petition to suspend sentence until such person has served at least 2/3 of the minimum sentence, or the petition has been authorized by the sentencing court. For the purposes of this subparagraph:
2 Effective Date. This act shall take effect 60 days after its passage.
20-2303
Revised 12/16/19
HB 1611-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to incarceration under a suspended sentence.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | Indeterminable Decrease | Indeterminable Decrease | Indeterminable Decrease |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill reduces the amount of time that must be served by a person incarcerated under a suspended sentence before the person may petition for suspension of the remainder of their sentence. The Department of Corrections indicates it cannot predict when current or future residents will petition the court to suspend their sentence or the outcome of such petitions. The Department expects the fiscal impact would be either no change or a decrease in expenditures.
The Judicial Branch indicates there may be an influx of petitions to suspend sentences from those newly eligible. It is not possible to estimate how many petitions there may be, but the Branch expects that after the initial influx, the volume of petitions will be similar to the current volume.
It is assumed the fiscal impact of this bill will not occur until FY 2021.
AGENCIES CONTACTED:
Department of Corrections and Judicial Branch
| Date | Body | Type |
|---|---|---|
| Jan. 30, 2020 | House | Hearing |
| Feb. 5, 2020 | House | Exec Session |
| Feb. 5, 2020 | House | Exec Session |
| House | Floor Vote | |
| Feb. 19, 2020 | House | Floor Vote |
| March 17, 2020 | Senate | Hearing |
June 16, 2020: No Pending Motion; 06/16/2020 SJ 8
June 16, 2020: Vacated from Committee and Laid on Table, MA, VV; 06/16/2020 SJ 8
March 17, 2020: Hearing: 03/17/2020, Room 100, SH, 09:15 am; SC 11
March 11, 2020: ==CANCELLED== Introduced 03/11/2020 and Referred to Judiciary; SJ 7
Feb. 19, 2020: Ought to Pass: MA VV 02/19/2020 HJ 4 P. 5
: Committee Report: Ought to Pass (Vote 20-0; CC)
Feb. 19, 2020: Committee Report: Ought to Pass for 02/19/2020 (Vote 20-0; CC) HC 7 P. 4
Feb. 5, 2020: Executive Session: 02/05/2020 01:00 pm LOB 204
Feb. 5, 2020: Full Committee Work Session: 02/05/2020 10:00 am LOB 204
Jan. 30, 2020: Public Hearing: 01/30/2020 02:00 pm LOB 204
Jan. 8, 2020: Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 28