N.H. Rev. Stat. § 651:25

Current through Chapter 381 of the 2024 Legislative Session

Section 651:25 - Release From State Prison

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 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 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.

II. The rates of pay and other conditions of employment of a person released for work shall be the same as those paid or required in the locality in which the work is performed. An inmate so employed shall surrender to the commissioner of corrections his total earnings less payroll deductions authorized by law, including income taxes. After deducting from the earnings of each person an amount determined to be the cost of the person's keep, the commissioner shall:

(a) Allow the person to draw from the balance a sufficient sum to cover his incidental expenses;

(b) Credit to his account such amount as seems necessary to accumulate a reasonable sum to be paid to him on his release;

(c) Cause to be paid such part of any additional balance as is needed for restitution payments to authorized claimants pursuant to RSA 651:62 through 66;

(d) Cause to be paid such part of any additional balance as is needed for the support of the person's dependents and notify the overseer of public welfare of the town, in which the person's dependents reside, of such support payments;

(e) Pay the balance to the person when he is released.

III. Any part of a day a prisoner is employed outside the walls of the institution shall count as a full day toward the serving of his sentence as though served inside the walls. An inmate so employed outside shall be subject to the rules and regulations of the institution and be under the direction and control of the officers thereof.

IV. If an inmate released for work escapes or fails to return inside the walls of the institution as required by the rules or the orders of the officers thereof or if on administrative home confinement, knowingly leaves a place without authority to do so, such inmate shall be punished as provided by RSA 642:6. The commissioner of corrections may at any time recall a prisoner from such release status if the commissioner believes or has reason to believe the peace, safety, welfare, or security of the community may be endangered by the prisoner being under such release status.

V. A prisoner authorized to work at paid employment in the community under this section may be required to pay, and the commissioner of corrections is authorized to collect, such cost incident to the prisoner's confinement as the commissioner deems appropriate and reasonable. The first $325,000 of such collections shall be deposited in each fiscal year with the state treasurer as a part of the general revenue of the state. The commissioner shall deposit any amount in excess of $325,000 into the transitional housing unit maintenance fund established in RSA 21-H:14-d.

VI. A low-risk, nonviolent prisoner who has not served sufficient time to be eligible for parole as provided in RSA 651-A:6, I, may be released on parole notwithstanding such provision, subject to the other provisions of RSA 651-A, provided that the following requirements are met before the parole board schedules a hearing on the proposed parole:

(a) The prisoner has been sentenced to the state prison for an offense other than capital, first degree or second degree murder, attempted murder, manslaughter, aggravated felonious sexual assault, felonious sexual assault or first degree assault;

(b) The prisoner has been assigned a course of programs or treatment, has successfully completed such course, and has been found by the commissioner of corrections to be a suitable candidate for early parole;

(c) The commissioner of corrections has submitted findings and a recommendation for early parole to the parole board; and

(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.

VII.

(a) The commissioner of corrections may release a prisoner who is serving a New Hampshire state sentence to the custody and control of the United States Immigration and Customs Enforcement if all of the following requirements are satisfied:

(1) The department of corrections receives an order of deportation for the prisoner from the United States Immigration and Customs Enforcement;

(2) The prisoner has served at least 1/3 of the minimum sentences imposed by the court;

(3) The prisoner was not convicted of a violent crime, or any crime of obstruction of justice, or sentenced to an extended term of imprisonment under RSA 651:6; and

(4) The prisoner was not convicted of a sexual offense as defined in RSA 651-B:1, V.

(b) If a prisoner who is released from his or her state sentence pursuant to this section returns illegally to the United States, on notification from any federal or state law enforcement agency that the prisoner is in custody, the commissioner of corrections shall revoke the prisoner's release and immediately file a detainer seeking the prisoner's return to the custody of the department of corrections to serve the remainder of his or her sentence.

RSA 651:25

Amended by 2015 , 276: 222, eff. 7/1/2015.

1971, 518:1. 1975, 179:1. 1981, 205:1, 2; 329:4. 1993, 45:1. 1994, 192:4. 1995, 237:6. 2002, 181 : 1 , 2. 2009, 144 : 63 . 2015, 276 : 222 , eff. July 1, 2015.