Bill Text: NH HB307 | 2011 | Regular Session | Introduced
Bill Title: Relative to the authority of the superintendent of a county correctional facility.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Failed) 2011-05-18 - Senate Inexpedient to Legislate, Motion Adopted, Voice Vote === BILL KILLED ===; Senate Journal 17, Pg.353 [HB307 Detail]
Download: New_Hampshire-2011-HB307-Introduced.html
HB 307 – AS INTRODUCED
2011 SESSION
04/01
HOUSE BILL 307
AN ACT relative to the authority of the superintendent of a county correctional facility.
SPONSORS: Rep. P. Garrity, Hills 14; Rep. D. Sullivan, Hills 8; Rep. Rhodes, Hills 22; Rep. Rokas, Hills 12; Rep. Baroody, Hills 13
COMMITTEE: Criminal Justice and Public Safety
This bill:
I. Permits the superintendent of the county correctional facility to recommend a prisoner for release in order to obtain gainful employment, perform uncompensated public service, or serve the sentence under home confinement.
II. Allows the superintendent of a county correctional facility to approve the transfer of a prisoner from a state prison to a county correctional facility.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
11-0728
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the authority of the superintendent of a county correctional facility.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Discretionary Sentences; Release for Certain Purposes. Amend RSA 651:19 to read as follows:
651:19 Release for Purpose of Gainful Employment, Rehabilitation, or Home Confinement. A sentencing court may [order] recommend at the time of sentencing, or the superintendent of the county correctional facility may, at any time during the sentence, allow any person who has been committed to a correctional institution other than state prison under a criminal sentence may be released therefrom for the purpose of obtaining and working at gainful employment, for the performance of uncompensated public service as provided in RSA 651:68-70, under the terms of a day reporting program, provided the correctional facility has a day reporting program, or to serve the sentence under home confinement, provided the correctional facility has a home confinement program. If the court recommends a person for release and the superintendent determines the person is inappropriate for such release, the court shall be notified and, at the request of the defendant, a hearing may be scheduled. In any case, the defendant shall first serve 14 consecutive days prior to eligibility for home confinement, or for such other purpose as the court or the superintendent may deem conducive to his or her rehabilitation, for such times or intervals of time and under such terms and conditions as the rules and regulations of the correctional facility may allow or as the court may order. Any part of a day spent in the free community, or in home confinement, under such a release order shall be counted as a full day toward the serving of the sentence unless otherwise provided by the court. If a person violates the terms and conditions laid down for his or her conduct, custody, and employment, he or she shall be returned to the correctional facility. The superintendent may then require that the balance of the person's sentence be spent in actual confinement.
2 Temporary Removal of Prisoners; Transfer from State Prisons. Amend RSA 623:2 to read as follows:
623:2 Transfer From State Prisons. Any person confined in a state prison may, upon recommendation of the commissioner of corrections, be transferred to a county correctional facility if such transfer is approved by the [county commissioners of the county] superintendent of the county department of corrections in which the receiving facility is located.
3 Effective Date. This act shall take effect 60 days after its passage.
