Struck = removed from the bill ·
added = the amendment's new text.
CHAPTER 48 HB 178-FN - FINAL VERSION SESSION 21-0340 04/05 HOUSE BILL 178-FN AN ACT relative to the parole of prisoners and the procedures of the adult parole board.
SPONSORS:
Abbas,Hunt, Rock.Ches.
8;11 October 8, 2021 2021-2187h 08/04 Amendment to SB 17 Amend the title of the bill by replacing it with the following:
Sen.3 AN ACT relative to permitting dogs in outdoor dining areas of restaurants.
Daniels,5 DistAmend 11the COMMITTEE:bill by replacing all after the enacting clause with the following:
Criminal7 Justice1 andDogs Publicin SafetyRestaurant ─────────────────────────────────────────────────────────────────Outdoor ANALYSISDining ThisAreas. bill amends various provisions of the adult parole process including the definition of violent crime and recommittal of prisoners who violate parole.
-RSA -466:44, -II -is -repealed -and -reenacted -to -read -as -follows: - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Explanation:
Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.] Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
CHAPTER 48 HB 178-FN - FINAL VERSION 21-0340 04/05 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty One AN ACT relative to the parole of prisoners and the procedures of the adult parole board.
Be it Enacted by the Senate and House of Representatives in General Court convened:
48:1 Involuntary Civil Commitment of Sexually Violent Predators;
Notice to County Attorney or Attorney General.
Amend RSA 135-E:3, II to read as follows:
WhenUnless aprohibited personunder whosubparagraph has(d): committed a sexually violent offense is to be released from total confinement in New Hampshire, the agency with jurisdiction over the person shall give written notice to the person and the county attorney of the county where that person was last convicted of a sexually violent offense, or attorney general if the case was prosecuted by the attorney general.
If(a) theA personrestaurant isowner inmay custodyallow ondogs an out-of-state or federal sexually violent offense, the agency with jurisdiction shall give written notice to the person and the county attorney of the county where the person plans to reside upon release or, if no residence in thisany stateoutdoor isdining planned,area theat countyhis attorney in the county where the facility from which the person to be released is located or toher theplace attorney general if the person has been convicted of murder.business, if:
Except(1) asSuch provideddog inand RSAowner 135-E:4,access the writtenoutdoor noticedining shallarea befrom given at least 9 months prior to the potentialexterior releaseof [on parole pursuant to RSA 651- A:6, I(c),] except that in the caserestaurant, ofregardless persons who are totally confined for a period of lesswhether thanfood 9or months,drink writtenare noticeserved shallin besuch givenoutdoor asdining soonarea. as practicable.
48:2(2) InvoluntaryAll Civilfood Commitmentis ofprepared Sexuallyand Violentall Predators;utensils stored in the interior of the restaurant.
Release(3) FromThe Totalowner Confinement.allowing dogs shall prominently display a sign at all public entrances advising patrons that dogs are allowed on the premises.
AmendThe RSAsign 135-E:4,shall Istate tothe readfollowing astext follows:in English:
I."Companion dogs are only allowed in certain outdoor dining areas of this establishment.
InOnly theservice eventdogs thatare aallowed personin whoother hasparts been convicted of athis sexuallyestablishment. violent offense is eligible for immediate release [on parole pursuant to RSA 651-A:6, I(c), or] upon completion of the maximum term of incarceration, the agency with jurisdiction shall provide immediate notice to the county attorney or attorney general of the person's release.
TheYour countycompanion attorneydog ormust attorneybe generallicensed orand thecurrently agencyvaccinated withagainst jurisdictionrabies mayto fileremain a petition for an emergency hearing in the superioroutdoor courtdining requestingarea thatwith theyou. person subject to immediate release be evaluated by the multidisciplinary team to determine whether the person is a sexually violent predator.
TheYou hearingare shallresponsible befor heldcontrolling withinyour 24dog hoursat ofall thetimes." filing(4) The owner of thesuch petition,dog excludingcontrols Saturdays,his Sundays,or andher holidays.dog within the outdoor dining area.
(5) The personowner shallof nota bedog releasedkeeps fromthe totaldog confinementon untilthe afterground and out of the hearingaisles hasof beenthe held.outdoor dining area and does not allow the dog to eat or drink using glasses, plates, or utensils from the restaurant.
At(6) theThe hearing,staff of the courtrestaurant shalldoes determinenot whetherpet thereor isplay probablewith cause to believe that the persondog. is a sexually violent predator.
If(7) theThe courtrestaurant findsowner probableasks cause,a thedog personowner shallto beremove heldhis inor anher appropriatethreatening secureor facility.aggressive dog from the outdoor dining area.
48:3(8) ParoleThe ofrestaurant Prisoners;owner calls 911 if such dog bites or hurts another person.
Definitions.Amendment to SB 17 - Page 2 - (9) The outdoor dining area, including the exterior walls and floors, is maintained clean, and surfaces that have been contaminated with dog excrement or other bodily fluids such as urine, saliva, and vomit, are immediately cleaned and sanitized.
Amend(10) theDogs introductoryare paragraphnot ofallowed RSAin 651-A:2,food VIpreparation toor readproduction asareas. follows:
CHAPTER(b) 48In HBthis 178-FNparagraph -"patio" FINALmeans VERSIONan -open Pageair, 2exterior -space VI.with an entrance separate from the restaurant.
["Nonviolent(c) offense"]This "Violentparagraph crime" shall includenot [allapply criminalto offenses,a except]service thoseanimal defined as violentdefined crimesby in RSA 651:5,167-D:1, XIIIIV. and the following:
48:4(d) NewA Paragraph;municipality may, by ordinance or regulation adopted under RSA 47:17 or RSA 147:1, prohibit dogs in outdoor dining areas of restaurants, regardless of whether the municipality is responsible for licensing food service establishments.
Parole2 ofEffective Prisoners;Date.
NoticeThis ofact Hearings.shall take effect 60 days after its passage.
AmendAmendment RSAto 651-A:11SB by17 inserting- afterPage paragraph3 III- the2021-2187h followingAMENDED newANALYSIS paragraph:This bill allows dogs in outdoor dining areas under certain conditions.
IV.
The notice provisions of this section shall not apply to revocation, review, or reconsideration hearings.
48:5 Parole of Prisoners;
Effect of Recommittal.
Amend RSA 651-A:19 to read as follows:
651-A:19 Effect of Recommittal.
I.
A prisoner who is recommitted shall serve 90 days in prison and shall meet the criteria for parole before being placed back on parole or the remainder of his or her maximum sentence, whichever is shorter, or may be subject to an extended term of recommittal pursuant to paragraphs III and IV.
The time between the return of the parolee to prison after arrest and revocation of parole shall be considered as time served as a portion of the maximum sentence.
The 90-day recommittal period may be calculated from the date of the arrest or from the date of the hearing, as ordered by the parole board.
II.
Prisoners who are recommitted shall be provided access to focused, evidence-based programming aimed at reengaging parolees in their parole plan.
III.
The parole board may impose an extended term of recommittal for greater than 90 days if:
(a) The prisoner has previously been found true for a parole violation on his or her current sentence or another sentence for which he or she was concurrently serving a term of parole;
or (b) The prisoner was on parole for a sexual offense as defined in RSA 651-B:1, V or an offense against a child as defined in RSA 651-B:1, VII [and the prisoner has displayed a combination of dynamic risk factors, including but not limited to, homelessness, loss of supports, substance abuse, or non-compliance with treatment, as determined by the department of corrections sexual offender treatment program staff];
or (c) The prisoner was on parole for a violent crime as defined in RSA 651:5, XIII or RSA 651-A:2, VI;
or (d) The nature of the conduct underlying the parole violation constitutes a criminal act or is otherwise so serious as to warrant an extended period of recommittal;
or (e) The conduct underlying the parole violation is related to his or her offense or offending pattern.
IV.(a) A prisoner shall be brought before the parole board at any time during the 90-day term of recommittal to determine whether a longer term is warranted if[:
(1) The prisoner did not meaningfully participate in the evidence-based programming during the 90-day recommittal period;
or CHAPTER 48 HB 178-FN - FINAL VERSION - Page 3 - (2)] the prisoner received one or more major disciplinary violations during the 90- day recommittal period.
(b) The prisoner shall be provided notice of the hearing and the basis of the parole board's consideration of an extended term.
V.
The imposition of an extended term of recommittal pursuant to paragraph III or IV shall be supported by written findings and a written order.
VI.
Any prisoner who is subject to an extended term of recommittal shall, upon request, be entitled to a hearing before the parole board after serving 6 months of his or her term of recommittal and every 6 months thereafter.
VII.
At the revocation hearing, the parole board may impose a term of recommittal for less than 90 days if:
(a) The prisoner has not been previously found true for a parole violation on his or her current sentence or another sentence for which he or she was concurrently serving a term of parole;
(b) The prisoner was not on parole for a sexual offense as defined in RSA 651-B:1, V or an offense against a child as defined in RSA 651-B:1, VII;
(c) The prisoner was not on parole for a violent crime as defined in RSA 651:5, XIII or RSA 651-A:2, VI;
(d) The parole violation is not substantially related to his or her offense or offending pattern;
and (e) The parole board determines that a lesser period of recommittal will aid in the rehabilitation of the parolee.
VIII.
Notwithstanding paragraph I or subparagraphs VII(a) or (d), the parole board may impose a term of recommittal of less than 90 days for a prisoner who enters and successfully completes a residential substance abuse treatment program deemed acceptable by the board.
48:6 Parole of Prisoners;
Parole Records.
Amend RSA 651-A:20 to read as follows:
651-A:20 Parole Records.
The adult parole board or its designee shall have access to all parole records of the department.
[The board shall review the records of the department for each parolee in its custody at least once every 36 months.] 48:7 Repeal.
The following are repealed:
I.
RSA 91-A:3, II(f), relative to parole applications being considered in nonpublic session.
II.
RSA 651-A:6, I(c), relative to parole hearings for prisoners recommitted to prison more than one year prior to the expiration of the maximum term of his or her sentence.
48:8 Effective Date.
This act shall take effect upon its passage.
Approved:
May 25, 2021 Effective Date:
May 25, 2021