HB1611 (2020) Detail

Relative to incarceration under a suspended sentence.


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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.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

 

LBAO

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

 

 

 

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

 

 

 

 

 

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

 

Links

HB1611 at GenCourtMobile
HB1611 Discussion

Action Dates

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

Bill Text Revisions

HB1611 Revision: 7256 Date: Jan. 6, 2020, 11:13 a.m.

Docket

Date Status
Jan. 8, 2020 Introduced 01/08/2020 and referred to Criminal Justice and Public Safety HJ 1 P. 28
Jan. 30, 2020 Public Hearing: 01/30/2020 02:00 pm LOB 204
Feb. 5, 2020 Full Committee Work Session: 02/05/2020 10:00 am LOB 204
Feb. 5, 2020 Executive Session: 02/05/2020 01:00 pm LOB 204
Feb. 19, 2020 Committee Report: Ought to Pass for 02/19/2020 (Vote 20-0; CC) HC 7 P. 4
Committee Report: Ought to Pass (Vote 20-0; CC)
Feb. 19, 2020 Ought to Pass: MA VV 02/19/2020 HJ 4 P. 5
March 11, 2020 ==CANCELLED== Introduced 03/11/2020 and Referred to Judiciary; SJ 7
March 17, 2020 Hearing: 03/17/2020, Room 100, SH, 09:15 am; SC 11
June 16, 2020 Vacated from Committee and Laid on Table, MA, VV; 06/16/2020 SJ 8
June 16, 2020 No Pending Motion; 06/16/2020 SJ 8