New Hampshire Revised Statutes 651:19 – Release for Purpose of Gainful Employment, Rehabilitation, or Home Confinement
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I. A sentencing court may recommend at the time of sentencing, or the superintendent of the county correctional facility may, at any time during the sentence, allow any person who has been committed to a correctional institution other than state prison under a criminal sentence to be released therefrom for the purpose of obtaining and working at gainful employment, for the performance of uncompensated public service as provided in N.H. Rev. Stat. § 651:68-70, under the terms of a day reporting program, provided the correctional facility has a day reporting program, or to serve the sentence under home confinement, provided the correctional facility has a home confinement program.
II. If the sentencing court recommends a person for release and the superintendent determines the person is inappropriate for such release, the court shall be notified and, at the request of the defendant, a hearing may be scheduled.
III. If the sentencing court does not include a recommendation for release pursuant to paragraph I in its order, but at any time during the sentence the superintendent deems such a release to be conducive to the person’s rehabilitation, the court and the prosecutor shall be notified and, at the request of the prosecutor, a hearing may be scheduled. The decision of the superintendent for release under this paragraph shall stand unless, following the hearing, the court orders otherwise.
IV. In any case, the defendant shall first serve 14 consecutive days prior to eligibility for home confinement, or for such other purpose as the court or the superintendent may deem conducive to his or her rehabilitation, for such times or intervals of time and under such terms and conditions as the rules and regulations of the correctional facility may allow or as the court may order. Any part of a day spent in the free community, or in home confinement, under such a release order shall be counted as a full day toward the serving of the sentence unless otherwise provided by the court. If a person violates the terms and conditions laid down for his or her conduct, custody, and employment, he or she shall be returned to the correctional facility. The superintendent may then require that the balance of the person’s sentence be spent in actual confinement.
II. If the sentencing court recommends a person for release and the superintendent determines the person is inappropriate for such release, the court shall be notified and, at the request of the defendant, a hearing may be scheduled.
Terms Used In New Hampshire Revised Statutes 651:19
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
III. If the sentencing court does not include a recommendation for release pursuant to paragraph I in its order, but at any time during the sentence the superintendent deems such a release to be conducive to the person’s rehabilitation, the court and the prosecutor shall be notified and, at the request of the prosecutor, a hearing may be scheduled. The decision of the superintendent for release under this paragraph shall stand unless, following the hearing, the court orders otherwise.
IV. In any case, the defendant shall first serve 14 consecutive days prior to eligibility for home confinement, or for such other purpose as the court or the superintendent may deem conducive to his or her rehabilitation, for such times or intervals of time and under such terms and conditions as the rules and regulations of the correctional facility may allow or as the court may order. Any part of a day spent in the free community, or in home confinement, under such a release order shall be counted as a full day toward the serving of the sentence unless otherwise provided by the court. If a person violates the terms and conditions laid down for his or her conduct, custody, and employment, he or she shall be returned to the correctional facility. The superintendent may then require that the balance of the person’s sentence be spent in actual confinement.