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SB15-FN: (New Title) relative to incorporating hard labor as a sentencing option for capital murder and serious sexual assaults on children, defining hard labor, establishing medical exemptions and penalties for abuse thereof, providing alternative punitive measures for legitimate medical exemptions, and authorizing jury determination of hard labor in qualifying cases.
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rd labor in qualifying cases. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Paragraph; Hard Labor for Certain Offenses. Amend RSA 651:2 by inserting after paragraph II-h the following new paragraph: II-i.(a) In any case in which the defendant is convicted of capital murder under RSA 630:1 or aggravated felonious sexual assault on a child under the a
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Related law links
RSA references from bill data
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622
· amend
part I, article 18 of the New Hampshire constitution to prevent cruel and unusual punishment. 3 New Sections; Medical Exemption from Hard Labor and Prevention of Abuse. Amend RSA 622 by inserting after section 7-b the following new sections: 622:7-c Medical Exemptions from Hard Labor; Prevention of Abuse. I. An offender may be exempted from hard labor only upon a determination of medical inabi
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622:7
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tence shall be life imprisonment without parole. (d) If hard labor is imposed, the sentence shall be life imprisonment at hard labor without parole, to be served as defined in RSA 622:7. The defendant shall perform hard labor for the duration of their natural life, subject only to medical exemptions under RSA 622:7-a or suspension under RSA 622:7, III. (e) The court shall enter the sentence in acco
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622:7-A
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abor without parole, to be served as defined in RSA 622:7. The defendant shall perform hard labor for the duration of their natural life, subject only to medical exemptions under RSA 622:7-a or suspension under RSA 622:7, III. (e) The court shall enter the sentence in accordance with the jury’s verdict. There shall be no judicial departure from a jury verdict imposing or rejecting hard labor. 2 Dut
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622:7-D
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supervise inmates in hard labor, the commissioner may suspend hard labor for any or all affected inmates, and alternative punitive measures shall be implemented in accordance with RSA 622:7-d. Compensation, if any, shall be at the prevailing prison wage rate but shall not exceed rates for non-hard labor assignments. The commissioner may incorporate rehabilitative components, such as vocational training, but
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630:1
· amend
tain Offenses. Amend RSA 651:2 by inserting after paragraph II-h the following new paragraph: II-i.(a) In any case in which the defendant is convicted of capital murder under RSA 630:1 or aggravated felonious sexual assault on a child under the age of 13 under RSA 632-A:2, I(a), I(b), or I(c), the court shall conduct a separate sentencing hearing before the same jury that determined guilt, unless the
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632-A:2
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ragraph: II-i.(a) In any case in which the defendant is convicted of capital murder under RSA 630:1 or aggravated felonious sexual assault on a child under the age of 13 under RSA 632-A:2, I(a), I(b), or I(c), the court shall conduct a separate sentencing hearing before the same jury that determined guilt, unless the defendant waives a jury and elects sentencing by the court. (b) At the sentencing he
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651:2
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rd labor in qualifying cases. Be it Enacted by the Senate and House of Representatives in General Court convened: 1 New Paragraph; Hard Labor for Certain Offenses. Amend RSA 651:2 by inserting after paragraph II-h the following new paragraph: II-i.(a) In any case in which the defendant is convicted of capital murder under RSA 630:1 or aggravated felonious sexual assault on a child under the a
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651-A:22
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all be punitive retribution and societal deterrence. Refusal to participate without valid exemption may result in disciplinary measures, including loss of good time credits under RSA 651-A:22 or extended confinement. (c) The commissioner shall ensure that all staff involved in assigning or supervising hard labor receive training on compliance with the Eighth Amendment to the United States Constitution an
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651-A:22-A
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ic exercise, no canteen purchases except essentials, and no entertainment electronics; (c) Automatic loss of good conduct credits under RSA 651-A:22 or earned time credits under RSA 651-A:22-a, up to the maximum allowable, to extend the effective term of confinement; (d) Higher security classification, such as C-4 or C-5, with enhanced supervision, reduced yard time, and limited property; (e) Mandatory pa
RSAs mentioned by this document
- RSA 622 · THE STATE PRISONS
- RSA 630 · HOMICIDE
- RSA 632-A · SEXUAL ASSAULT AND RELATED OFFENSES
- RSA 651 · SENTENCES
- RSA 651-A · PAROLE OF PRISONERS
- RSA 622:7 · Duties of Commissioner of Corrections
- RSA 630:1 · Capital Murder
- RSA 632-A:2 · Aggravated Felonious Sexual Assault
- RSA 651:2 · Sentences and Limitations
- RSA 651-A:22 · Credits for Good Conduct