CHAPTER 176

HB 1227 – FINAL VERSION

19Feb2014… 0240h

05/15/14 1731s

4Jun2014… 1919CofC

2014 SESSION

14-2196

04/03

HOUSE BILL 1227

AN ACT making changes to parole and parole board procedures and relative to jail sentences as a condition of probation.

SPONSORS: Rep. Sytek, Rock 8; Rep. Shurtleff, Merr 11; Rep. Charron, Rock 4; Rep. Pantelakos, Rock 25; Sen. Carson, Dist 14; Sen. Soucy, Dist 18

COMMITTEE: Criminal Justice and Public Safety

AMENDED ANALYSIS

This bill makes various changes to the procedures for parole of prisoners and allows the court to include a jail sentence to be imposed by a probation/parole officer as a condition of probation for felony and misdemeanor offenses.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19Feb2014… 0240h

05/15/14 1731s

4Jun2014… 1919CofC

14-2196

04/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Fourteen

AN ACT making changes to parole and parole board procedures and relative to jail sentences as a condition of probation.

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

176:1 Parole of Prisoners; Adult Parole Board; Duties. Amend RSA 651-A:4, I to read as follows:

I. Be responsible for paroling prisoners from the state prison and recommitting those who have violated the conditions of parole, subject to the applicable provisions of this chapter;

176:2 Parole of Prisoners; Terms of Release. Amend RSA 651-A:6, I(c) to read as follows:

(c) A prisoner who has not been previously approved for parole or paroled, or who was recommitted to prison more than one year prior to the expiration of the maximum term of his or her sentence, shall [be released on parole] have a parole hearing to be considered for release at least 9 months prior to the expiration of the maximum term of his or her sentence[, unless the parole board votes to deny such release]. This provision shall not apply to any prisoner who is the subject of a pending petition for civil commitment pursuant to RSA 135-E. In the event that the prisoner is not civilly committed, he or she shall be [released] considered for release on parole for the remainder of his or her sentence.

176:3 Parole of Prisoners; Medical Parole. Amend RSA 651-A:10-a, I(c) to read as follows:

(c) The parole board has determined that [the inmate will not be a danger to the public, and that] there is a reasonable probability that the inmate will not violate the law while on medical parole and will conduct himself or herself as a good citizen.

176:4 Parole of Prisoners; Medical Parole. Amend RSA 651-A:10-a, III to read as follows:

III. Medical parole shall [only] be granted by a majority vote [which includes at least 3 votes] of the members [who are present and voting] of the hearing panel.

176:5 Parole of Prisoners; Early Discharge for Good Conduct. Amend RSA 651-A:14 to read as follows:

651-A:14 Early Discharge for Good Conduct. Whenever the board finds that the parolee is no longer in need of supervision because of his or her good conduct it may issue him or her a certificate of discharge, provided that the parolee is not recommitted to the state prison or has not been cited as a parole violator, pursuant to the provisions of this chapter.

176:6 Parole of Prisoners; Report Required. Amend RSA 651-A:16 to read as follows:

651-A:16 Report Required.

I. The department may report any parolee who violates the conditions of his or her parole to the parole board. However, the department shall, within 30 days of official knowledge of such an occurrence, submit a report on any parolee who:

(a) Is arrested for any felony or misdemeanor offense;

(b) Is convicted of any felony, misdemeanor or other offense; provided, however, that the department need only report traffic offenses deemed to be serious traffic offenses under RSA 265; or

(c) Absconds from supervision for a period of 30 days or more[;

(d) Commits 3 or more parole violations of any type within a 12 month period; or

(e) Is placed in an intermediate sanction by a probation/parole officer in lieu of revocation].

II. This report shall include information on the circumstances of the alleged violation [as well as a recommendation as to whether parole should be revoked].

176:7 Parole of Prisoners; Effect of Recommittal. Amend RSA 651-A:19, III to read as follows:

III. The parole board may impose an extended term of recommittal for greater than 90 days if:

(a) The prisoner has previously been found true for a parole violation on his or her current sentence or another sentence for which he or she was concurrently serving a term of parole; or

(b) The prisoner was on parole for a sexual offense as defined in RSA 651-B:1, V or an offense against a child as defined in RSA 651-B:1, VII[;] and

[(1) The conduct underlying the parole violation is related to his or her offense or offending pattern; or

(2)] the prisoner has displayed a combination of dynamic risk factors, including but not limited to, homelessness, loss of supports, substance abuse, or non-compliance with treatment, as determined by the department of corrections sexual offender treatment program staff; or

[(3) Both subparagraphs (1) and (2); or]

(c) The prisoner was on parole for a violent crime as defined in RSA 651:5, XIII; or

(d) The nature of the conduct underlying the parole violation constitutes a criminal act or is otherwise so serious as to warrant an extended period of recommittal; or

(e) The conduct underlying the parole violation is related to his or her offense or offending pattern.

176:8 Parole of Prisoners; Effect of Recommital. Amend the introductory paragraph of RSA 651-A:19, IV(a) to read as follows:

(a) A prisoner [may] shall be brought before the parole board at any time during the 90-day term of recommittal to determine whether a longer term is warranted if:

176:9 Parole of Prisoners; Final Discharge. Amend RSA 651-A:21, I to read as follows:

I. Upon the expiration of the term of his maximum sentence [as provided in RSA 651-A:18 and 19], a paroled prisoner shall be entitled to receive a final discharge, provided that at the time of such expiration no proceedings are pending for his recommitment. Such proceedings shall be deemed to be pending when a warrant has been issued or an arrest has been made under RSA 651-A:15-a.

176:10 Sentences; Sentences and Limitations. Amend RSA 651:2, V(i) to read as follows:

(i) The court may include, as a condition of probation [for a felony offense], a jail sentence of up to 30 days that a probation/parole officer may impose in segments of one to 7 days over the course of the probation period, in response to any violation of a condition of probation, in lieu of a violation of probation hearing. Such jail sanction shall be served at the county jail facility closest to or in reasonable proximity to where the probationer is under supervision.

176:11 Repeal. RSA 651-A:18, relative to requiring parole revocation, is repealed.

176:12 Effective Date. This act shall take effect July 1, 2014.

Approved: July 11, 2014

Effective Date: July 1, 2014