Bill Text - HB588 (2023)

Relative to the criteria for applying for parole.


Revision: Jan. 11, 2023, 2:53 p.m.

HB 588-FN - AS INTRODUCED

 

 

2023 SESSION

23-0175

04/10

 

HOUSE BILL 588-FN

 

AN ACT relative to the criteria for applying for parole.

 

SPONSORS: Rep. Harriott-Gathright, Hills. 10; Rep. Vail, Hills. 6; Sen. Whitley, Dist 15; Rep. DiLorenzo, Rock. 10

 

COMMITTEE: Criminal Justice and Public Safety

 

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ANALYSIS

 

This bill allows an eligible incarcerated person to apply for parole upon the completion of 50 percent of such person's minimum 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23-0175

04/10

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty Three

 

AN ACT relative to the criteria for applying for parole.

 

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

 

1  New Paragraphs; Sentences and Limitations; Eligibility for Parole.  Amend RSA 651:2 by inserting after paragraph VIII the following new paragraphs:

IX.  Except as provided in paragraph X, a person sentenced under this chapter may apply for parole upon the completion of 50 percent of such person's minimum sentence, provided the following requirements are met:

(a)  The person was sentenced to a minimum of not less than 5 years.

(b)  The person has no major or "A level" disciplinary violations.  

(c)  The person has not demonstrated a pattern of repeated disciplinary offenses that result in an upgrade in classification level.  

(d)  The person has completed all court and department of corrections required programs and treatment.  

(e)  The person has demonstrated good institutional behavior.

X.  Paragraph IX shall not apply if:

(a)  The person received a sentence that prohibits him or her from being paroled.  

(b)  The person was convicted of a sexually violent offense as defined in RSA 135-E:2, XI.  

(c)  The person was convicted of committing a violent crime, as defined in RSA 651:5, XIII, against a person under 18 years of age.  

2  Applicability.  The provisions of this act shall apply to any person incarcerated either before or after the effective date of this act.

3  Effective Date.  This act shall take effect January 1, 2024.

 

LBA

23-0175

10/17/22

 

HB 588-FN- FISCAL NOTE

AS INTRODUCED

 

AN ACT relative to the criteria for applying for parole.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2023

FY 2024

FY 2025

FY 2026

   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 allows an eligible incarcerated person to apply for parole upon the completion of 50% of such person's minimum sentence.  The New Hampshire Adult Parole Board reports there are currently 915 inmates of the Department of Corrections that could be effected by this bill. After a thorough review of the information regarding these inmates, the Board indicates this bill would result in little or no impact on the operations of the Parole Board.  The Board states under the bill, as currently written, very few inmates would qualify to have a parole hearing at 50% of their minimum sentence.  The few who would qualify could easily be added into the normal schedule of hearings conducted by the Parole Board.  

 

The Department of Corrections indicated it is not able to determine the fiscal impact of this bill as it cannot predict the number of individuals who would be granted parole.  The Department states the average cost of incarcerating an individual in general population for the fiscal year ending June 30, 2022, was $64,233. The average cost to supervise an individual by the Department’s Division of Field Services for the fiscal year ending June 30, 2022, was $688.

 

AGENCIES CONTACTED:

New Hampshire Adult Parole Board and Department of Corrections