If the defendant does not elect hard labor, the court shall impose an additional minimum mandatory term equal to 50 percent of the base minimum term imposed, rounded up to the nearest whole year, which shall not be suspended, deferred, or reduced for good conduct or earned time credits under RSA 651-A:22 or RSA 651-A:22-a, and which Amendment to SB 15-FN - Page 2 - shall be served consecutively to the original sentence imposed by the court.

The total sentence shall not exceed the statutory maximum for the offense.

(b) Notwithstanding subparagraph II-i(a), the court may, in the interest of justice, depart from the hard labor requirement or the additional mandatory term upon making written findings explaining the departure and after hearing from the victim or victim’s representative, if any.

For purposes of this subparagraph, “in the interest of justice” means a departure based on objective, case-specific factors including, but not limited to, the defendant’s age, physical, or mental health, short of qualifying for a medical exemption under RSA 622:7-c, lack of prior criminal history, evidence of rehabilitation potential, or extraordinary mitigating circumstances not adequately accounted for in the sentencing guidelines, provided such factors are applied consistently to similarly situated defendants to ensure equal protection under the law.

Such departures shall be appealable by the prosecution to the sentencing appeals panel established under RSA 651:72, with a de novo resentencing hearing.

2 Duties of the Commissioner.

Amend RSA 622:7, IX to read as follows:

AnyTo person[conduct whoand manufactures,manage sells,the orindustries dispensesat methamphetamine,the lysergicprisons.] acid,establish diethylamideand phencyclidineoperate (PCP)an orindustries anyprogram otherto controlledaid drug classified in schedulesthe Irehabilitation orof II,inmates orof anythe controlledstate drugprisons, analogwhich thereof,may ininclude violationa ofhard RSAlabor 318-B:2,component I or I-a, is strictly liable for asentences deathdesignated whichunder resultsRSA from651:2 the injection, inhalation or ingestionother ofapplicable thatstatutes. substance, and [may] shall be sentenced to not less than 10 years of imprisonment up to [for] life imprisonment [or for such term as the court may order].

For(a) purposesAs ofused in this section,paragraph, “hard labor” means the person'smandatory actperformance of20PPRof manufacturing,physically dispensing,intensive ormanual sellinglabor atasks substanceassigned isby the causecommissioner of acorrections, deathdesigned when:to serve as punishment, deterrence, and, where appropriate, rehabilitation for convicted offenders.

(a)Such Thelabor injection,shall inhalationinclude, but not be limited to, activities such as agricultural fieldwork (such as planting, harvesting, or ingestionsoil ofpreparation), theconstruction substanceor isinfrastructure anmaintenance antecedent(such butas forroad whichrepair, thebuilding deathupkeep, wouldor notexcavation), havesanitation occurred;and waste management (such as cleaning facilities or handling refuse), manufacturing or assembly work requiring significant physical exertion (such as furniture production or metalworking), or 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.

orCompensation, (2)if Tooany, dependentshall uponbe conductat of another person which was unrelated to the injection,prevailing inhalationprison orwage ingestionrate ofbut theshall substancenot orexceed itsrates effect,for asnon-hard tolabor haveassignments. a just bearing on the person's liability.

ItThe shallcommissioner notmay beincorporate arehabilitative defensecomponents, tosuch aas prosecutionvocational undertraining, thisbut section that the decedentprimary contributedpurpose tofor hisdesignated ownoffenses deathshall bybe hispunitive purposeful,retribution knowing,and recklesssocietal ordeterrence. negligent injection, inhalation or ingestion of the substance or by his consenting to the administration of the substance by another.

NothingRefusal to Amendment to SB 15-FN - Page 3 - participate without valid exemption may result in thisdisciplinary sectionmeasures, shallincluding beloss construedof togood precludetime orcredits limitunder anyRSA prosecution651-A:22 foror homicide.extended confinement.

A(c) convictionFor arisingconvictions of capital murder under thisRSA section630:1, shallincluding notthe mergemurder withof a convictionlaw enforcement officer in the line of oneduty, asthe asentence drugshall enterprisebe leaderlife orimprisonment forat anyhard otherlabor offensewithout definedthe inpossibility thisof chapter.parole or reduction.

2The Effectiveoffender Date.shall be required to perform hard labor as defined herein for the duration of their natural life, subject only to exemptions for permanent medical incapacity as determined under RSA 622:7-c.

ThisNo actelection or alternative sentencing option shall be available, and the punitive nature of the labor shall take effectprecedence Januaryover 1,rehabilitative 2026.goals.

LBA(d) 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.pdfI. AGENCIES CONTACTED:

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 20PPRoffender’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.

Amendment to SB 15-FN - Page 4 - 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 or other applicable statutes receives a legitimate medical exemption under RSA 622:7-c, 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;

(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- 20PPROimpact 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 New Subdivision;

Review of State Prison Sentences Related to Hard Labor.

Amend RSA 651 by inserting after section 70 the following new subdivision:

Review of State Prison Sentences Related to Hard Labor 651:71 Purpose of Sentencing Appeals Panel.

The purpose of this subdivision is to provide a structured appellate review process for prosecution appeals challenging sentences deemed outside sentencing norms, to promote judicial efficiency by reducing caseload congestion before the New Hampshire supreme court while preserving the court’s ultimate appellate authority.

This review panel will serve as an alternative to the appeal panel in RSA 651:57-61, and hear cases related to the implementation of the hard labor sentences authorized by RSA 651:2.

651:72 Superior Court Sentencing Appeals Panel.

I.

The New Hampshire supreme court is authorized to designate a panel of superior court judges (“sentencing appeals panel”) to hear appeals filed by the prosecution contesting sentencing decisions made by trial courts in criminal cases related to the crimes listed in RSA 651:2, II-i as Amendment to SB 15-FN - Page 5 - being eligible for hard labor, where the prosecution claims the sentence is not sufficiently punitive or is otherwise outside local sentencing norms.

II.

The panel shall be composed of not fewer than 3 superior court judges designated by the supreme court, with appropriate appellate training and experience.

651:73 Procedure for Prosecution Appeals on Sentencing.

I.

The prosecution may file an appeal of a sentence eligible under RSA 651:72 with the sentencing appeals panel within 30 calendar days of sentencing.

The appeal shall specify grounds for contending the sentence was inappropriate, including clear abuse of discretion in departures.

Electing to file an appeal under this subdivision shall act as a waiver of the prosecution's right to seek review under RSA 651:57-61.

II.

The sentencing appeals panel shall have jurisdiction to review sentencing decisions de novo, including conducting a resentencing hearing, considering statutory guidelines, sentencing norms, and mitigating/aggravating factorsThe panel may modify the sentence to increase its punitiveness if necessary to conform with statutory requirements, provided such modifications are based solely on the record and shall not be presumed vindictive.

III.

The panel may affirm, modify, or remand the sentence to the trial court consistent with applicable law.

651:74 Supreme Court Review.

I.

Decisions of the sentencing appeals panel are subject to review by the supreme court 20PPRupon petition for discretionary review filed within 14 days of the panel’s decision.

II.

The supreme court may grant or deny review and shall provide written reasons when review is denied.

651:75 Implementation and Rules.

I.

The supreme court shall promulgate procedural rules necessary to implement this act, including filing, briefing, oral argument procedures, and standards of review.

II.

The supreme court shall report annually to the legislature on the number, nature, and outcomes of cases handled by the sentencing appeals panel.

5 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.

6 Effective Date.

This act shall take effect 60 days after its passage.

Amendment- Page 6 -FN 2025-3012h 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 hard labor sentences.nd establishes a sentencing appeals panel for prosecution appeals related to NAPPROVED