HB 1729-FN – AS INTRODUCED
2006 SESSION
09/10
HOUSE BILL 1729-FN
AN ACT implementing a “good time” sentence reduction system for inmates in the state prison system.
SPONSORS: Rep. Vaillancourt, Hills 15
COMMITTEE: Criminal Justice and Public Safety
This bill establishes a new system for calculating credits for meritorious conduct for inmates in the state prison system.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06-2931
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT implementing a “good time” sentence reduction system for inmates in the state prison system.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Sentence to State Prison. Amend RSA 651 by inserting after section 15 the following new section:
651:15-a Reduction in Sentence.
I. Any inmate whose conduct while in the state prison has been meritorious shall be entitled to a reduction of 1/3 off his or her minimum and maximum sentences. This reduction shall be awarded at the rate of 121 days per year. If an inmate commits one or more disciplinary infractions in a given year, he or she may be entitled to a portion of the reduction. The warden shall establish a system for evaluating whether an inmate’s conduct in a given year warrants a sentence reduction of less than 121 days. Each inmate shall be annually informed of his or her sentence reduction credit. The warden shall issue a written explanation to any inmate not receiving the full 121 days of sentence reduction credit in a year and shall notify the inmate of the right to a hearing on the matter. Any sentence reduction time awarded to an inmate in a prior year shall not be taken away.
II. Any inmate sentenced prior to the effective date of this section shall be entitled to a reduction in sentence equal to the amount of disciplinary time added to his or her sentence under the former RSA 651:2, II-e which may remain after any reductions in the disciplinary time that have occurred as a result of good conduct credits earned by the inmate under the former RSA 651-A:22. Any such inmate who has had his or her disciplinary time reduced under the former RSA 651-A:22 shall be eligible to receive a sentence reduction under paragraph I of this section, at the rate of 10.083 days for each month, or 121 days for each year, during which the inmate had exhibited meritorious conduct prior to the effective date of this section. Upon the effective date of this section, inmates sentenced prior to the effective date of this section shall be eligible for further sentence reductions in accordance with paragraph I based on meritorious conduct exhibited after the effective date of this section.
2 Parole of Prisoners; Terms of Release. Amend RSA 651-A:6, I to read as follows:
I. A prisoner may be released on parole upon the expiration of the minimum term of his sentence, minus any credits received pursuant to RSA 651-A:23[, plus the disciplinary period added to such minimum under RSA 651:2, II-e, any part of which is not reduced for good conduct as provided in RSA 651-A:22,] provided that there shall appear to the adult parole board, after having given the notice required in RSA 651-A:11, to be a reasonable probability that he will remain at liberty without violating the law and will conduct himself as a good citizen. Any prisoner so released shall be given a permit by the board to be at liberty from prison during the unexpired portion of the maximum term of his sentence.
3 Parole of Prisoners; Eligibility for Release. Amend RSA 651-A:7 to read as follows:
651-A:7 Eligibility for Release; Life Sentences. A prisoner serving a sentence of life imprisonment, except one convicted of murder in the first degree, one convicted of murder which was psycho-sexual in nature and committed prior to April 15, 1974, or one sentenced under RSA 632-A:10-a, III, may be given a life permit at any time after having served 18 years. Eighteen years shall be deemed the minimum term of his sentence for the purposes of this section, minus any credits received pursuant to RSA 651-A:23[, plus the disciplinary period added to such minimum under RSA 651:2, II-e, any part of which is not reduced for good conduct as provided in RSA 651-A:22,] provided that there shall appear to said board to be a reasonable probability that he will remain at liberty without violating the law and will conduct himself as a good citizen. The provisions of this section shall not apply to a prisoner serving a life sentence when the court, pursuant to RSA 630:1-b, II, has specified a minimum term other than that prescribed in this section.
4 Parole of Prisoners; Eligibility for Parole. Amend RSA 651-A:8 to read as follows:
651-A:8 Eligibility for Parole; Persons Convicted of Psycho-Sexual Murder. A prisoner serving a sentence of life imprisonment who has been convicted of murder which was psycho-sexual in nature and committed prior to April 15, 1974, shall not be eligible for parole until he shall have served 40 years minus any credits earned under the provisions of RSA [651-A:22 and RSA] 651-A:23 and until the board shall recommend to the superior court that said prisoner should be released on parole. The superior court shall have a hearing on the recommendation of the board at which all interested parties, including the attorney general, may appear and present evidence. If it shall appear to the superior court after said hearing that there is a reasonable probability that the prisoner will remain at liberty without violating the law and will conduct himself as a good citizen, the court may order him released on parole with such conditions as it may deem just.
5 Parole of Prisoners; Effect of Recommittal. Amend RSA 651-A:19 to read as follows:
651-A:19 Effect of Recommittal. A prisoner who is recommitted may, at any time before the expiration of his maximum sentence, except as provided in RSA 651-A:18, be paroled again. If not paroled, a prisoner who is recommitted shall serve the remainder of his maximum sentence minus any credits to which he may thereafter become entitled under RSA [651-A:22 and 23] 651-A:23 and less the period of time the prisoner was at liberty in satisfactory compliance with the terms and conditions of his parole. The time between the return of the parolee to prison after his arrest and revocation of parole shall be considered as time served as a portion of the maximum sentence.
6 Administrative Procedures Act; Exceptions. Amend RSA 541-A:21, I(j) to read as follows:
(j) RSA [651-A:22, II] 651:15-a, relative to credit for [good] meritorious conduct of prisoners.
7 Repeal. The following are repealed:
I. RSA 651:2, II-e, relative to the disciplinary period added to sentences.
II. RSA 651-A:22, relative to credits for good conduct.
8 Effective Date. This act shall take effect 60 days after its passage.
LBAO
06-2931
12/14/05
HB 1729-FN - FISCAL NOTE
AN ACT implementing a “good time” sentence reduction system for inmates in the state prison system.
FISCAL IMPACT:
The Office of Legislative Budget Assistant is unable to complete a fiscal note for this bill as it is awaiting information from the Department of Corrections. The LBA has been waiting 3 weeks for the Department to reply. Bill introduction and scheduling commitments do not allow us to wait any longer. When completed, the fiscal note will be forwarded to the House Clerk's Office.