hb 0678

CHAPTER 181

HB 678 - FINAL VERSION

AN ACT relative to notice of release of an inmate from state prison.

SPONSORS: Rep. Fairbanks, Ches 18; Rep. Edwards, Ches 19; Sen. Eaton, Dist 10

This bill establishes a procedure for allowing objections by the prosecuting attorney and the sentencing court to the pre-parole work release of an inmate.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to notice of release of an inmate from state prison.

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

181:1 Sentences; Release from State Prison Amended. 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, or for such other purpose as may be deemed conducive to his 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 [~~has~~] 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 [~~has not objected within 10 days of receipt of such notice~~]. 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 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.

181:2 Sentences; Release from State Prison Amended. Amend RSA 651:25, VI (d) to read as follows:

(d) The commissioner of corrections has notified the sentencing court and the prosecutor of the underlying offense of the proposed parole, and the court has not objected in writing within 20 days of such notice.