N.H. Rev. Stat. § 651:7-a

Current through Chapter 381 of the 2024 Legislative Session
Section 651:7-a - Racial Disparity In Sentencing Prohibited
I. Sentences imposed shall be proportional to the nature of the crime committed. Neither the defendant's race nor ethnicity shall be a factor considered in determining a sentence in a criminal case.
II. The commissioner of the department of corrections shall collect data on the race and ethnicity of defendants sentenced to a term of imprisonment of one year or more since 2000 and shall produce an annual report beginning September 1, 2023 which shall be submitted to the attorney general, the supreme court, and the chairpersons of the senate judiciary committee and house criminal justice and public safety committee.
III. The report shall be available to the public, upon request, within 10 days of submission.
IV. The report shall include:
(a) Research and gather relevant statistical data and other information concerning the existence and impact of disparate treatment of nonwhite persons in the facilities under the control of the commissioner of the department of corrections. The statistical data shall include but not be limited to:
(1) The number of nonwhite persons serving a sentence for any period of time in the facility during the year.
(2) The percentage of nonwhite and white persons serving a sentence for any period of time in the facility during the year.
(3) The crime or crimes for which each of the white and nonwhite persons are serving a sentence.
(4) The length of the sentence for each of the nonwhite and white persons serving a sentence for any period of time in the facility during the year.
(5) The ages and genders of nonwhite and white persons serving a sentence for any period of time in the facility during the year.
(b) Identify the nonwhite and white persons by number only, not by name.
V. In this section, "nonwhite person" means a person of African, Latino, American Indian, Pacific Islander, Arab, Alaska native, or Asian descent.

RSA 651:7-a

Added by 2024, 320:2, eff. 10/1/2024.