HB282: relative to a prisoner's participation in the work release program.

HB 282 - AS INTRODUCED

2017 SESSION

17-0755

04/09

HOUSE BILL 282

AN ACT relative to a prisoner's participation in the work release program.

SPONSORS: Rep. P. Schmidt, Straf. 19; Rep. Ulery, Hills. 37; Rep. Patten, Merr. 17; Rep. Bartlett, Merr. 19

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill changes the provisions relating to a prisoner's release from state prison for certain purposes.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

17-0755

04/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Seventeen

AN ACT relative to a prisoner's participation in the work release program.

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

1 Sentences; Release From State Prison. Amend RSA 651:25, I to read as follows:

I. The commissioner of corrections may release any person who has been committed to the state prison at any time during the term of sentence for the purpose of obtaining and working at gainful employment, for the performance of uncompensated public service as provided in RSA 651:68-70, for the pursuit of higher education, or for such other purpose as may be deemed conducive to his or her rehabilitation, for such times or intervals of time and under such terms and conditions as may be prescribed by the commissioner pursuant to RSA 541-A, provided, however, that a prisoner who has not served sufficient time to be eligible for parole may be released under this section only if [the sentencing court and the prosecutor of the underlying offense have been notified of the proposed release, and there has been no objection within 10 days of the notice by either the sentencing court or the prosecutor of the underlying offense. If the prosecutor of the underlying offense objects to the proposed release, the prosecutor shall submit in writing to the sentencing court the reasons for objecting. The sentencing court shall, within 10 days of receipt of the prosecutor's objection, schedule a hearing on the proposed release. The sentencing court shall then approve or deny the proposed release] the prisoner is serving the final year of his minimum aggregate sentence. The commissioner of corrections may permit inmates of the state prison, who volunteer to do so, to be gainfully employed outside the institution when such employment is considered in their best interest and the best interest of the state. Inmates may be so employed by the state or by public or private employers. A judge may deny a prisoner the chance to participate in a work release program if doing so is in the interest of public safety.

2 Effective Date. This act shall take effect 60 days after its passage.