HB374: relative to a petition by an inmate for a suspended sentence.

HB 374 - AS INTRODUCED

2003 SESSION

03-0188

04/09

HOUSE BILL 374

AN ACT relative to a petition by an inmate for a suspended sentence.

SPONSORS: Rep. Gile, Merr 38

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill sets forth the procedure for an inmate or the sentencing court to file a petition to reduce sentence and requires the warden of the facility where the inmate resides to file a synopsis of the inmate's incarceration.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03-0188

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Three

AN ACT relative to a petition by an inmate for a suspended sentence.

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

1 Sentences; Incarceration Under Suspended Sentence. RSA 651:20 is repealed and reenacted to read as follows:

651:20 Incarceration Under Suspended Sentence.

I. An inmate, or the sentencing court on its own motion, may file a petition to suspend the sentence of imprisonment at the time of imposition of the sentence, or at any time thereafter, provided that no petition to suspend sentence on behalf of an inmate sentenced to state prison shall be brought until such person has served at least 4 years or 2/3 of the minimum sentence, whichever is greater, and not more than once every 3 years thereafter or has substantially completed the requirements of the individual pre-release plan required under RSA 651:15-a.

II.(a) No more than 30 days after a petition to suspend sentence is filed, the warden of the prison facility where the inmate resides shall file with the court an objective synopsis of the petitioning inmate's incarceration and make an objective recommendation as to whether sentence suspension should be granted.

(b) In forming a recommendation on sentence suspension, the warden shall give positive consideration to the petitioning inmate's completion of required, recommended, or voluntary programs, educational progress and achievement, significant contribution to prison operations through teaching at the prison or maintaining an inmate job, and maintaining a disciplinary record free of criminal offenses or serious infractions, or the completion of the individual pre-release plan required under RSA 651:15-a. In forming a recommendation on sentence suspension, the warden shall give negative consideration to the petitioning inmate's failure to complete or participate in the activities described in this paragraph. The warden's recommendation shall be forwarded to the commissioner of the department of corrections for an objective final determination on sentence suspension. No consideration shall be given in the synopsis to the offense or offenses for which the inmate was convicted.

(c) A petition to suspend the sentence of any state prisoner may be brought at any time by the attorney general in recognition of substantial assistance by the inmate in the investigation or prosecution of a serious felony offense.

(d) Any petition which fails to comply with the provisions of this section shall be dismissed without a hearing. A petition which complies with the provisions of this section and has received a favorable recommendation under subparagraph II(b) shall be entitled to a hearing on the merits.

(e) The wardens of the state prison facilities shall maintain records of the number of synopses requested, the number prepared receiving a positive recommendation for sentence reduction, and the number prepared receiving a negative recommendation for sentence reduction. Such records shall be subject to the provisions of RSA 91-A.

III. A person whose sentence has been suspended may be required to report to the institution to which he or she has been sentenced to be incarcerated during weekends or at such times or intervals of time as the court may direct, except that weekend sentence provisions do not apply to the New Hampshire state prison. Time so spent in said institution shall be deducted from the maximum term, and where there are both a minimum and maximum term, from both. Any part of a day spent in the institution shall count as a full day toward the sentence.

IV. As a condition of any suspension of sentence, the court may include restitution to the victim as provided in RSA 651:62-67, performance of uncompensated public service as provided in RSA 651:68-70, and such other conditions as the court may determine.

2 New Section; Sentence to State Prison; Individual Pre-Release Plan. Amend RSA 651 by inserting after section 15 the following new section:

651:15-a Individual Pre-Release Plan. Upon incarceration in the state prison, the inmate shall develop an individual pre-release plan which shall detail the specific rehabilitative needs which the inmate shall address while incarcerated.

3 Effective Date. This act shall take effect January 1, 2004.