(a)Such Thelabor injection,shall inhalationinclude, but not be limited to, activities such as agricultural fieldwork, construction or ingestioninfrastructure ofmaintenance, thesanitation substanceand iswaste anmanagement, antecedentmanufacturing butor forassembly whichwork therequiring deathsignificant wouldphysical notexertion, haveor occurred;other comparable tasks that demand prolonged physical effort under supervised conditions.

andNo (b)hard Thelabor deathassignment wasshall not:pose an unreasonable risk of serious injury or be conducted without regard to the offender’s health and safety.

(1)(b) TooHard remotelabor assignments shall require no less than 8 hours per day, 5 days per week, unless adjusted for documented medical, age-related, or security reasons, and shall be performed in itscompliance occurrencewith asbasic tohealth haveand justsafety bearingstandards onto theprevent person'sinjury liability;or undue hardship.

orThe (2)commissioner Tooshall dependenthave uponthe conductfinal ofauthority anotherto persondetermine whichthe wasspecific unrelatedtasks to be accomplished, the injection,conditions inhalationunder orwhich ingestionthey ofwill thebe substanceperformed, orand itswhether effect,hard aslabor towill haveoccur aon justany bearinggiven day based on the person'scommissioner’s liability.determination that it is safe for the public, staff, and offenders.

ItThis shalldetermination notmay beinclude aconsiderations defensesuch toas astaffing prosecutionlevels, underequipment thisavailability, sectionweather thatconditions, the decedent contributed to his own death by his purposeful, knowing, reckless or negligentany injection,other inhalationfactors oraffecting ingestionsafety. of the substance or by his consenting to the administration of the substance by another.

NothingIf inthe thiscommissioner sectiondetermines shallthat bethere construedis insufficient staffing to precludesafely orsupervise limitinmates anyin prosecutionhard labor, the commissioner may suspend hard labor for homicide.any or all affected inmates, and alternative punitive measures shall be implemented in accordance with RSA 622:7-d.

ACompensation, convictionif arisingany, under this section shall notbe mergeat withthe aprevailing convictionprison ofwage onerate asbut ashall drugnot enterpriseexceed leaderrates or for anynon-hard otherlabor offenseassignments. defined in this chapter.

2The Effectivecommissioner Date.may incorporate rehabilitative components, such as vocational training, but the primary purpose for designated offenses shall be punitive retribution and societal deterrence.

ThisRefusal actto shallparticipate takewithout effectvalid Januaryexemption 1,may 2026.result in disciplinary measures, including loss of good time credits under RSA 651-A:22 or extended confinement.

LBA(c) 25-0229The 12/3/24commissioner SBshall 15-FN-ensure FISCALthat NOTEall ASstaff INTRODUCEDinvolved ANin ACTassigning relativeor tosupervising establishinghard alabor mandatoryreceive minimumtraining sentenceon forcompliance with the crimeEighth ofAmendment distributionto the United States Constitution and part I, article 18 of athe controlledNew drugHampshire withconstitution deathto resulting.prevent cruel and unusual punishment.

FISCAL3 IMPACT:New Sections;

EstimatedMedical StateExemption Impactfrom FYHard 2025Labor FYand 2026Prevention FY 2027 FY 2028 Revenue $0 $0 $0 $0 Revenue Fund None Expenditures* Indeterminable Funding Source General Fund Appropriations* $0 $0 $0 $0 Funding Source None *Expenditure = Cost of billAbuse. *Appropriation = Authorized funding to cover cost of bill Estimated Political Subdivision Impact FY 2025 FY 2026 FY 2027 FY 2028 County Revenue $0 $0 $0 $0 County Expenditures Indeterminable Local Revenue $0 $0 $0 $0 Local Expenditures Indeterminable   METHODOLOGY:

ThisAmend billRSA adds,622 deletes,by orinserting modifiesafter asection criminal7-b penalty,the orfollowing changesnew statutesections: to which there is a penalty for violation.

Therefore,622:7-c thisMedical billExemptions mayfrom haveHard anLabor; impact on the judicial and correctional systems, which could affect prosecution, incarceration, probation, and parole costs, for the state, as well as county and local governments.

APrevention summary of suchAbuse. costs can be found at:

https://gencourt.state.nh.us/lba/Budget/Fiscal_Notes/JudicialCorrectionalCosts.pdfAmendment AGENCIESto CONTACTED:SB 15-FN - Page 3 - I.

JudicialAn Branch,offender Judicialmay Council,be Departmentexempted offrom Justice,hard Departmentlabor only upon a determination of Corrections,medical Newinability Hampshireby Associationa ofqualified Counties,physician andemployed Newby Hampshireor Municipalcontracted Associationwith the department of corrections.

“Medical inability” means a documented physical or mental condition that substantially impairs the offender’s capacity to perform the essential functions of assigned hard labor tasks, even with reasonable accommodations, as certified in writing with reference to specific diagnostic criteria, such as based on standards from the American Medical Association or equivalent.

II.

The determination shall be based on an in-person evaluation, including review of medical records, and may incorporate standardized assessments for malingering, such as the Structured Inventory of Malingered Symptomatology (SIMS) or similar validated tools.

III.

If the initial evaluation supports an exemption, a second opinion from an independent physician or medical review board appointed by the commissioner may be required at the discretion of the department or upon challenge by correctional staff.

IV.

Exemptions shall be reviewed at least every 6 months, or sooner if the offender’s condition improves or new evidence suggests abuse.

Failure to cooperate with evaluations may result in revocation of the exemption and disciplinary action.

V.

An offender who knowingly submits a false or exaggerated claim of medical inability, or who malingers to avoid hard labor, commits a disciplinary offense punishable by:

(a) Loss of good time credits (up to 90 days per incident) under RSA 651-A:22;

(b) Extension of the minimum sentence by up to 6 months for repeated offenses;

(c) Confinement in restrictive housing;

or (d) Other sanctions as determined by department policy, consistent with due process.

VI.

The department shall maintain records of all exemption requests, determinations, and reviews, and submit an annual report to the legislature on exemption rates, patterns, and any detected instances of abuse, including recommendations for improvements.

622:7-d Alternative Punitive Measures for Medical Exemptions.

I.

If an offender sentenced to hard labor under RSA 651:2, II(i) receives a legitimate medical exemption under RSA 622:7-a or if hard labor is suspended due to insufficient staffing under RSA 622:7, III, the commissioner shall impose alternative punitive measures to ensure the sentence maintains a retributive component, including but not limited to:

(a) Placement in a restrictive housing unit (RHU) or special housing unit (SHU), involving up to 23 hours per day of isolation with minimal privileges, subject to periodic reviews every 6 months;

(b) Suspension or denial of privileges, including but not limited to non-contact visits only, limited telephone access, no recreation time beyond basic 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;

Amendment to SB 15-FN - Page 4 - (d) Higher security classification, such as C-4 or C-5, with enhanced supervision, reduced yard time, and limited property;

(e) Mandatory participation in non-physical burdensome requirements, such as victim- impact programs, administrative duties if feasible, or restitution deductions from inmate funds.

II.

These measures shall be tailored to the severity of the offense and the offender’s classification, ensuring compliance with constitutional standards, and shall prioritize retribution and deterrence in lieu of hard labor.

4 Severability.

If any provision of this act or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of the act which can be given effect without the invalid provision or application, and to this end the provisions of this act are declared to be severable.

5 Effective Date.

This act shall take effect 6 months after its passage.

Amendment to SB 15-FN - Page 5 - 2025-3096h AMENDED ANALYSIS This bill incorporates hard labor as a sentencing option for certain offenses;

establishes medical exemptions and penalties for abuse thereof;

provides alternative punitive measures for legitimate medical exemptions;

and establishes a sentencing appeals panel for prosecution appeals related to hard labor sentences.