SENTENCES

RSA tit. LXII, ch. 651

in effect

RSA 651:1 Applicability.

651:1. Applicability. I. The provisions of this chapter govern the sentencing for every offense, whether defined within or outside the code, except as provided by RSA 630. II. This chapter does not deprive the court of any authority conferred by law to decree a forfeiture of property, suspend or cancel a license, remove a person from office, or impose any other civil penalty. Any appropriate order exercising that authority may be included as part of the judgment of conviction. Source. 1971, 518:1. 1973, 370:1, eff. Nov. 1, 1973.

RSA 651:2 Sentences and Limitations.

651:2. Sentences and Limitations. I. A person convicted of a felony or a Class A misdemeanor may be sentenced to imprisonment, probation, conditional or unconditional discharge, or a fine. II. If a sentence of imprisonment is imposed, the court shall fix the maximum thereof which is not to exceed: (a) Fifteen years for a class A felony, (b) Seven years for a class B felony, (c) One year for a class A misdemeanor, (d) Life imprisonment for murder in the second degree, and, in the case of a felony only, a minimum which is not to exceed 1/2 of the maximum, or if the maximum is life imprisonment, such minimum term as the court may order. II-a. A person convicted of murder in the first degree shall be sentenced as provided in RSA 630:1-a. II-b. A person convicted of a second or subsequent offense for the felonious use of a firearm, as provided in RSA 650-A:1, shall, in addition to any punishment provided for the underlying felony, be given a minimum mandatory sentence of 3 years imprisonment. Neither the whole nor any part of the additional sentence of imprisonment hereby provided shall be served concurrently with any other term nor shall the whole or any part of such additional term of imprisonment be suspended. No action brought to enforce sentencing under this section shall be continued for sentencing, nor shall the provisions of RSA 651-A relative to parole apply to any sentence of imprisonment imposed. II-c. [Repealed.] II-d. A person convicted of manslaughter shall be sentenced as provided in RSA 630:2, II. II-e. To the minimum sentence of every person who is sentenced to imprisonment for a maximum of more than one year shall be added a disciplinary period equal to 150 days for each year of the minimum term of the sentence, to be prorated for any part of the year. The presiding justice shall certify, at the time of sentencing, the minimum term of the sentence and the additional disciplinary period required under this paragraph. This additional disciplinary period may be reduced for good conduct as provided in RSA 651-A:22 and for earned time as provided in RSA 651-A:22-a. There shall be no addition to the sentence under this section for the period of pre-trial confinement for which credit against the sentence is awarded pursuant to RSA 651-A:23. II-f. A person convicted of violating RSA 159:3-a, I shall be sentenced as provided in RSA 159:3-a, II and III. II-g. If a person is convicted of a felony, an element of which is the possession, use or attempted use of a deadly weapon, and the deadly weapon is a firearm, such person may be sentenced to a maximum term of 20 years' imprisonment in lieu of any other sentence prescribed for the crime. II-h. A person charged with any offense under RSA 265, RSA 265-A, or RSA 630:3 whose offense was also based on facts involving the prohibited use of a mobile electronic device while driving, as defined in RSA 265:79-c, may be subject to enhanced penalties for such offenses, as follows: (a) If the offense would otherwise constitute a violation, it may be charged as a class B misdemeanor. (b) If the offense would otherwise constitute a class B misdemeanor, it may be charged as a class A misdemeanor. (c) If the offense would otherwise constitute a class A misdemeanor, it may be charged as a class B felony. (d) If the offense would otherwise constitute a class B felony, it may be charged as a class A felony. (e) If the offense is a class A felony or an unclassified felony, there shall be no enhanced charge. III. A person convicted of a class B misdemeanor may be sentenced to conditional or unconditional discharge, a fine, or other sanctions, which shall not include incarceration or probation but may include monitoring by the department of corrections if deemed necessary and appropriate. III-a. A person convicted of a violation may be sentenced to conditional or unconditional discharge, or a fine. IV. A fine may be imposed in addition to any sentence of imprisonment, probation, or conditional discharge. The limitations on amounts of fines authorized in subparagraphs (a) and (b) shall not include the amount of any civil penalty, the imposition of which is authorized by statute or by a properly adopted local ordinance, code, or regulation. The amount of any fine imposed on: (a) Any individual may not exceed $4,000 for a felony, $2,000 for a class A misdemeanor, $1,200 for a class B misdemeanor, and $1,000 for a violation. (b) A corporation or unincorporated association may not exceed $100,000 for a felony, $20,000 for a misdemeanor and $1,000 for a violation. A writ of execution may be issued by the court against the corporation or unincorporated association to compel payment of the fine, together with costs and interest. (c) If a defendant has gained property through the commission of any felony, then in lieu of the amounts authorized in paragraphs (a) and (b), the fine may be an amount not to exceed double the amount of that gain. V. (a) A person may be placed on probation if the court finds that such person is in need of the supervision and guidance that the probation service can provide under such conditions as the court may impose. The period of probation shall be for a period to be fixed by the court not to exceed 5 years for a felony and 2 years for a class A misdemeanor, provided that the court may extend or modify the period of probation in accordance with subparagraph VII(a). Upon petition of the probation officer or the probationer, the period may be terminated sooner by the court if the conduct of the probationer warrants it. (b) In cases of persons convicted of felonies or class A misdemeanors, or in cases of persons found to be habitual offenders within the meaning of RSA 259:39 and convicted of an offense under RSA 262:23, the sentence may include, as a condition of probation, confinement to a person's place of residence for not more than one year in case of a class A misdemeanor or more than 5 years in case of a felony. Such home confinement may be monitored by a probation officer and may be supplemented, as determined by the department of corrections or by the county department of corrections, by electronic monitoring to verify compliance. (c) Upon recommendation by the department of corrections or by the county department of corrections, the court may, as a condition of probation, order an incarceration-bound offender placed in an intensive supervision program as an alternative to incarceration, under requirements and restrictions established by the department of corrections or by the county department of corrections. (d) Upon recommendation by the department of corrections or by the county department of corrections, the court may sentence an incarceration-bound offender to a special alternative incarceration program involving short term confinement followed by intensive community supervision. (e) The department of corrections and the various county departments of corrections shall adopt rules governing eligibility for home confinement, intensive supervision and special alternative incarceration programs. (f) Any offender placed in a home confinement, intensive supervision or special alternative incarceration program who violates the conditions or restrictions of probation shall be subject to immediate arrest by a probation officer or any authorized law enforcement officer and brought before the court for an expeditious hearing pending further disposition. (g) The court may include, as a condition of probation, restitution to the victim as provided in RSA 651:62-67 or performance of uncompensated public service as provided in RSA 651:68-70. (h) In cases of a person convicted of a felony or class A misdemeanor, a court may require such person to be screened and/or evaluated for risk of substance use disorders at an impaired driver care management program (IDCMP) approved by the department of health and human services, and to comply with the treatment plan developed by the IDCMP as established under RSA 265-A:40, if the evidence demonstrates that substances were a contributing factor in the commission of the offense and if such person has the ability to pay the fees for the program in full. (i) The court may include, as a condition of probation, a jail sentence of up to 30 days that a probation/parole officer may impose in segments of one to 7 days over the course of the probation period, in response to any violation of a condition of probation, in lieu of a violation of probation hearing. Such jail sanction shall be served at the county jail facility closest to or in reasonable proximity to where the probationer is under supervision. VI. (a) A person may be sentenced to a period of conditional discharge if such person is not imprisoned and the court is of the opinion that probationary supervision is unnecessary, but that the defendant's conduct should be according to conditions determined by the court. Such conditions may include: (1) Restrictions on the defendant's travel, association, place of abode, such as will protect the victim of the crime or insure the public peace; (2) An order requiring the defendant to attend counselling or any other mode of treatment the court deems appropriate; (3) Restitution to the victim; and (4) Performance of uncompensated public service as provided in RSA 651:68-70. (b) The period of a conditional discharge shall be 3 years for a felony and one year for a misdemeanor or violation. However, if the court has required as a condition that the defendant make restitution or reparation to the victim of the defendant's offense or that the defendant perform uncompensated public service and that condition has not been satisfied, the court may, at any time prior to the termination of the above periods, extend the period for a felony by no more than 2 years and for a misdemeanor or violation by no more than one year in order to allow the defendant to satisfy the condition. During any period of conditional discharge the court may, upon its own motion or on petition of the defendant, discharge the defendant unconditionally if the conduct of the defendant warrants it. The court is not required to revoke a conditional discharge if the defendant commits an additional offense or violates a condition. VI-a. [Repealed.] VI-b. A person sentenced to conditional discharge under paragraph VI may apply for annulment of the criminal record under RSA 651:5. VII. (a) If a probationer violates his or her probation, the court may order any of the following: (1) Continue the sentence of probation. (2) Modify the conditions of the probation. (3) Extend the period of probation, provided the probationer agrees to the extension and the original period of probation plus any extension shall not exceed the probation periods authorized in paragraph V. (4) Revoke the sentence of probation. (b) When a sentence of probation or a conditional discharge is revoked, the probationer may be fined, as authorized by paragraph IV, if a fine was not imposed in addition to the probation or conditional discharge. Otherwise, the probationer shall be sentenced to imprisonment as authorized by paragraph II. VIII. A person may be granted an unconditional discharge if the court is of the opinion that no proper purpose would be served by imposing any condition or supervision upon the defendant's release. A sentence of unconditional discharge is for all purposes a final judgment of conviction. Source. 1971, 518:1. 1973, 370:2. 1974, 34:13, 14. 1977, 397:1; 403:2. 1979, 126:6; 377:8. 1981, 397:1. 1982, 36:2. 1983, 382:8. 1986, 156:4. 1988, 19:4. 1989, 295:2. 1990, 95:1. 1991, 355:102. 1992, 19:1; 269:8-10; 284:85, 86, XIII. 1994, 192:1, 2. 1995, 237:4. 1996, 93:2-9. 1998, 366:3. 1999, 158:4. 2006, 163:1; 260:33. 2010, 247:12; Sp. Sess., 1:24. 2011, 268:2. 2012, 228:10. 2013, 156:8. 2014, 166:2, eff. Sept. 9, 2014; 176:10, eff. July 1, 2014. 2017, 35:1, 2, eff. July 8, 2017. 2022, 92:1, eff. Jan. 1, 2023.

RSA 651:3 Calculation of Periods.

651:3. Calculation of Periods. I. A sentence of imprisonment commences when it is imposed if the defendant is in custody or surrenders into custody at that time. Otherwise, it commences when he becomes actually in custody. All the time actually spent in custody prior to the time he is sentenced shall be credited in the manner set forth in RSA 651-A:23 against the maximum term of imprisonment that is imposed and against any minimum term authorized by RSA 651:2 or 6. II. If a court determines that the defendant violated the conditions of his probation or conditional discharge but reinstates the probation or discharge, the period between the date of the violation and the date of restoration is not computed as part of the period of probation or discharge. III. [Repealed.] Source. 1971, 518:1. 1975, 158:2. 1976, 32:1, eff. July 26, 1976.

RSA 651:4 Presentence Investigation.

651:4. Presentence Investigation. I. The court may, in its discretion, order a presentence investigation for a defendant convicted of a felony or a misdemeanor; provided that, upon the recommendation of the prosecution, the court shall order a presentence investigation report where the felony or misdemeanor was violent and the court has reason to believe that the defendant committed a similar act within the past year. The report shall include a recommendation as to disposition, together with reference to such material disclosed by the investigation as supports such recommendation. II. Before imposing sentence, the court shall take such steps as may be necessary so that the defendant is advised, by counsel or otherwise, as the situation warrants, of the factual contents of any presentence investigation, and afforded a fair opportunity to contest them. The sources of confidential information need not, however, be disclosed. Source. 1971, 518:1. 1975, 158:1. 1979, 377:9. 1995, 237:5. 2009, 183:1. 2010, 239:12, eff. July 1, 2010.

RSA 651:4-a Right of Crime Victim to Address Judge; Defendant Required to Personally Appear.

651:4-a. Right of Crime Victim to Address Judge; Defendant Required to Personally Appear. Before a judge sentences or suspends or reduces the sentence of any person for capital, first degree or second degree murder, attempted murder, manslaughter, aggravated felonious sexual assault, felonious sexual assault, first degree assault, or negligent homicide committed in consequence of being under the influence of intoxicating liquor or controlled drugs, the victim of the offense, or the victim's next of kin if the victim has died, shall have the opportunity to address the judge. The victim or victim's next of kin may appear personally or by counsel and may reasonably express his or her views concerning the offense, the person responsible, and the need for restitution. The prosecutor and the attorney for the defendant may be present when the victim or victim's next of kin so addresses the judge. The defendant shall personally appear in court when the victim or victim's next of kin addresses the judge, unless excused by the court. The judge may consider the statements of the victim or next of kin made pursuant to this section when imposing sentence or making a decision regarding sentence reduction or sentence suspension. Source. 1983, 319:4. 1992, 254:11. 1994, 394:2. 2015, 223:1, eff. Jan. 1, 2016.

RSA 651:4-b Presentence Investigation of Members and Veterans of the Armed Forces.

651:4-b. Presentence Investigation of Members and Veterans of the Armed Forces. I. When a defendant appears in court and is convicted of a crime, the court shall inquire whether the defendant is currently serving in or is a veteran of the armed forces. II. If the defendant is currently serving in the armed forces or is a veteran and has been diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or physician, the court may: (a) Order that the person preparing the presentence investigation report under RSA 651:4, I consult with the United States Department of Veterans Affairs, the adjutant general, the division of veterans services, or another agency or person with suitable knowledge or experience, for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, state, and local programming; and (b) Consider the treatment recommendations of any diagnosing or treating mental health professionals together with the treatment options available to the defendant in imposing sentence. Source. 2009, 183:2. 2010, 119:7, eff. July 31, 2010. 2019, 273:7, eff. Sept. 17, 2019.

RSA 651:5 Annulment of Criminal Records.

651:5. Annulment of Criminal Records. I. Except as provided in paragraphs V-VIII, the record of arrest, conviction and sentence of any person may be annulled by the sentencing court at any time in response to a petition for annulment which is timely brought in accordance with the provisions of this section if in the opinion of the court, the annulment will assist in the petitioner's rehabilitation and will be consistent with the public welfare. The court may grant or deny an annulment without a hearing, unless a hearing is requested by the petitioner. II. For an offense disposed of before January 1, 2019 and any offense not subject to paragraph II-a, any person whose arrest has resulted in a finding of not guilty, or whose case was dismissed or not prosecuted, may petition for annulment of the arrest record or court record, or both, at any time in accordance with the provisions of this section. Any person who was convicted of a criminal offense whose conviction was subsequently vacated by a court may petition for annulment of the arrest record or court record, or both, in accordance with the provisions of this section. Nothing in this paragraph shall limit the provisions of subparagraph XI(b). [Paragraph II-a(a) effective until January 1, 2027; see also paragraph II-a(a) set out below.] II-a. (a) For an offense disposed of on or after January 1, 2019, any person whose arrest has resulted in a finding of not guilty on all charges that resulted from the arrest, or whose case was dismissed or not prosecuted, shall have the arrest record and court record annulled: (1) Thirty days following the finding of dismissal if an appeal is not taken under RSA 606:10 or finding of not guilty; or (2) Upon final determination of the appeal affirming the finding of dismissal if an appeal is taken under RSA 606:10. [Paragraph II-a(a) effective January 1, 2027; see also paragraph II-a(a) set out above.] II-a. (a) (1) For an offense disposed of on or after January 1, 2019, any person whose arrest has resulted in a finding of not guilty on all charges that resulted from the arrest, or whose case was dismissed or not prosecuted, shall have the arrest record and court record annulled: (A) Thirty days following the finding of dismissal if an appeal is not taken under RSA 606:10 or finding of not guilty; or (B) Upon final determination of the appeal affirming the finding of dismissal if an appeal is taken under RSA 606:10. (2) No filing fee shall be charged for any petition to annul brought under subparagraph II-a(a). (b) For an offense disposed of on or after January 1, 2019, any person who was convicted of a criminal offense whose conviction was subsequently vacated by a court shall have the arrest record and court record annulled. Nothing in this paragraph shall limit the provisions of subparagraph XI(b). III. Except as provided in RSA 265-A:21 or in paragraphs V and VI, any person convicted of an offense may petition for annulment of the record of arrest, conviction, and sentence when the petitioner has completed all the terms and conditions of the sentence and has thereafter been convicted of no other crime, except a motor vehicle offense classified as a violation other than driving while intoxicated under RSA 265-A:2, I, RSA 265:82, or RSA 265:82-a for a period of time as follows: (a)(1) For a violation with a conviction date prior to January 1, 2019 or a violation with a conviction date on or after January 1, 2019 that was not the highest offense of conviction, one year, unless the underlying conviction was for an offense specified under RSA 259:39. (2) For a violation with a conviction date on or after January 1, 2019 where the violation was the highest offense of conviction, unless the underlying conviction was for an offense specified under RSA 259:39, or another violation for which there is an enhanced penalty for a subsequent conviction, one year after the person has completed all the terms and conditions of the sentence. Upon completion of a petition by the person stating that the conviction is eligible for annulment, the court shall submit a notice of its determination to the person convicted of the offense and to the prosecutor. The prosecutor shall have 20 days from the date of receipt of the notice to object to the annulment on the ground that the offense is not eligible for annulment or that the person has not completed all the terms and conditions of the sentence. If the prosecutor fails to timely object or the court denies the prosecutor's objection, the court shall annul the conviction. (b)(1) For a class B misdemeanor with a conviction date prior to January 1, 2019 or a class B misdemeanor with a conviction date on or after January 1, 2019 that was not the highest offense of conviction, except as provided in subparagraphs (f) and (h), 2 years. (2) For a class B misdemeanor with a conviction date on or after January 1, 2019 where the class B misdemeanor was the highest offense of conviction, except as provided in subparagraphs (f) and (h), 2 years after the person has completed all the terms and conditions of the sentence. Upon completion of a petition by the person stating that the class B misdemeanor is eligible for annulment, the court shall submit a notice of its determination to the person convicted of the offense and to the prosecutor. The prosecutor shall have 20 days from the date of receipt of the notice to object to the annulment on the ground that the offense is not eligible for annulment or that the person has not completed all the terms and conditions of the sentence. If the prosecutor fails to timely object or the court denies the prosecutor's objection, the court shall annul the conviction. (c) For a class A misdemeanor except as provided in subparagraphs (f) and (i), 3 years. (d) For a class B felony except as provided in subparagraphs (g) and (i), 5 years. (e) For a class A felony, except as provided in subparagraph (i), 10 years. (f) For sexual assault under RSA 632-A:4, 10 years. (g) For felony indecent exposure or lewdness under RSA 645:1, II, 10 years. (h) For any misdemeanor domestic violence offense under RSA 631:2-b, 10 years. In the event an individual is convicted of a subsequent misdemeanor or felony domestic violence offense under RSA 631:2-b, the earlier domestic violence conviction shall not eligible for an annulment until the most recent domestic violence conviction has become eligible for an annulment. (i) For a class A misdemeanor or felony offense under RSA 318-B:26, II, 2 years. IV. If a petition for annulment is denied, no further petition shall be brought more frequently than every 3 years thereafter. V. No petition shall be brought and no annulment granted in the case of any violent crime, of felony obstruction of justice crimes, or of any offense for which the petitioner was sentenced to an extended term of imprisonment under RSA 651:6. VI. If a person has been convicted of more than one offense, no petition for annulment shall be brought and no annulment granted: (a) If annulment of any part of the record is barred under paragraph V; or (b) Until the time requirements under paragraphs III and IV for all offenses of record have been met. VI-a. A conviction for an offense committed under the laws of another state which would not be considered an offense under New Hampshire law, shall not count as a conviction for the purpose of obtaining an annulment under this section. VII. If, prior to disposition by the court of a petition for annulment, the petitioner is charged with an offense conviction for which would bar such annulment under paragraph V or VI(a) or would extend the time requirements under paragraphs III, IV and VI(b), the petition shall not be acted upon until the charge is disposed. VIII. Any petition for annulment which does not meet the requirements of paragraphs III-VI shall be dismissed without a hearing. IX. When a petition for annulment is timely brought, the court shall require the department of corrections to report to the court concerning any state or federal convictions, arrests, or prosecutions of the petitioner and any other information which the court believes may aid in making a determination on the petition. The department shall charge the petitioner a fee of $100 to cover the cost of such investigation unless the petitioner demonstrates that he or she is indigent, or has been found not guilty, or the case has been dismissed or not prosecuted in accordance with paragraph II. The department of safety shall charge the successful petitioner a fee of $100 for researching and correcting the criminal history record accordingly, unless the petitioner demonstrates that he or she is indigent, or has been found not guilty, or the case has been dismissed or not prosecuted in accordance with paragraph II. The court shall provide a copy of the petition to the prosecutor of the underlying offense and permit them to be heard regarding the interest of justice in regard to the petition. The petitioner's request for a court filing fee waiver shall be submitted on a form supplied by the court. X. Upon entry of an order of annulment: (a) The person whose record is annulled shall be treated in all respects as if he or she had never been arrested, convicted or sentenced, except that, upon conviction of any crime committed after the order of annulment has been entered, the prior conviction may be considered by the court in determining the sentence to be imposed, and may be counted toward habitual offender status under RSA 259:39. (b) The court shall issue the person a certificate stating that such person's behavior after the conviction has warranted the issuance of the order, and that its effect is to annul the arrest, conviction, and sentence, and shall notify the state police criminal records unit, the prosecuting agency, and the arresting agency. (c) The court records relating to an annulled arrest, conviction, or sentence shall be sealed and available only to the person whose record was annulled, his or her attorney, a court for sentencing pursuant to subparagraph (a), law enforcement personnel for legitimate law enforcement purposes, or as otherwise provided in this section. (d) Upon payment of a fee not to exceed $100 to the state police, and subject to the provisions of subparagraph XI(b), the state police criminal records unit shall remove the annulled criminal record and inform all appropriate state and federal agencies of the annulment, unless the petitioner demonstrates that he or she is indigent, or has been found not guilty, or the case has been dismissed or not prosecuted in accordance with paragraph II. The state police shall grant the fee waiver request where the petitioner demonstrates indigency by including with the fee waiver request an affidavit listing the petitioner's monthly net income and that of his or her spouse, and the assets of the petitioner and his or her spouse. The fee waiver request form used shall be substantially similar to the forms for waiver of fees and costs in the superior courts. (e) The arresting agency and the prosecuting agency shall clearly identify in their respective files and in their respective electronic records that the arrest or conviction and sentence have been annulled. (f) In any application for employment, license or other civil right or privilege, or in any appearance as a witness in any proceeding or hearing, a person may be questioned about a previous criminal record only in terms such as "Have you ever been arrested for or convicted of a crime that has not been annulled by a court?" XI. Nothing in this section shall affect any right: (a) Of the person whose record has been annulled to appeal from the conviction or sentence or to rely on it in bar of any subsequent proceedings for the same offense; or (b) Of law enforcement officers to maintain arrest and conviction records and to communicate information regarding the annulled record of arrest or conviction to other law enforcement officers for legitimate investigative purposes or in defense of any civil suit arising out of the facts of the arrest, or to the police standards and training council solely for the purpose of assisting the council in determining the fitness of an individual to serve as a law enforcement officer, in any of which cases such information shall not be disclosed to any other person. XII. [Repealed.] XIII. As used in this section, "violent crime" means: (a) Capital murder, first or second degree murder, manslaughter, or class A felony negligent homicide under RSA 630; (b) First degree assault under RSA 631:1; (c) Aggravated felonious sexual assault or felonious sexual assault under RSA 632-A; (d) Kidnapping or criminal restraint under RSA 633; (e) Class A felony arson under RSA 634:1; (f) Robbery under RSA 636; (g) Incest under RSA 639:2, III or endangering the welfare of a child by solicitation under RSA 639:3, III; or (h) Any felonious offense involving child sexual abuse images under RSA 649-A. XIV. As used in this section, "crime of obstruction of justice" means: (a) Tampering with witnesses or informants under RSA 641:5 or falsifying evidence under RSA 641:6; or (b) Any felonious offense of obstructing governmental operations under RSA 642. XV. A petition for annulment of any record of arrest, conviction, and sentence authorized by this section may be brought in the supreme court with respect to any such record in the supreme court, provided that no record in the supreme court relating to an opinion published in the New Hampshire Reports may be annulled. XVI. A journalist or reporter shall not be subject to civil or criminal penalties for publishing or broadcasting: (a) That a person had a criminal record that has been annulled, including the content of that record. (b) That a person has a criminal record, including the content of such record, without reporting that the record has been annulled, if the journalist or reporter does not have knowledge of the annulment. XVII. No person or entity, whether public or private, shall be subject to civil or criminal penalties for not removing from public access or making corrections to a report or statement that a person has a criminal record, including the content of such record, if thereafter the criminal record was annulled. This provision shall apply to any report or statement, regardless of its format. [Paragraph II-a(a) effective until January 1, 2027; see also paragraph II-a(a) set out below.] [Paragraph II-a(a) effective January 1, 2027; see also paragraph II-a(a) set out above.] Source. 1971, 518:1. 1985, 205:2. 1986, 49:1; 189:1. 1988, 238:6. 1991, 159:1. 1992, 269:11. 1994, 224:1. 1998, 325:2. 2002, 269:1. 2006, 163:3; 260:34. 2008, 62:4; 104:1. 2009, 144:131. 2011, 219:1-3. 2012, 249:1, 2. 2013, 123:1. 2014, 170:1. 2015, 135:1, eff. Jan. 1, 2016. 2016, 89:1, eff. Jan. 1, 2017; 325:2, eff. Aug. 20, 2016 at 12:01 a.m. 2017, 91:8, eff. Aug. 6, 2017. 2018, 366:4-10, eff. Aug. 31, 2018. 2020, 12:1, eff. Sept. 14, 2020. 2026, 105:1, eff. Jan. 1, 2027.

RSA 651:5-a Annulment of Criminal Record Based on Conduct Occurring Between May 14, 2014 and 31 July 1, 2015.

651:5-a. Annulment of Criminal Record Based on Conduct Occurring Between May 14, 2014 and 31 July 1, 2015. Notwithstanding any provision of RSA 651:5 to the contrary, any person convicted of a criminal offense which occurred between May 14, 2014 and July 1, 2015, and while the person was 17 years of age, shall be entitled to an annulment of such conviction upon application to the court. This section shall not apply to any offenses which may continue to be prosecuted as an adult criminal offense after July 1, 2015 against persons who have not yet reached 18 years of age. Annulment requests brought under this section shall not be subject to any filing fee, and may only be brought following the expiration of any sentence imposed by the court. The only permitted basis for denial of an annulment request brought under this section is a written finding by the court, based on clear and convincing evidence, that the subject offense would have qualified for transfer to the superior court pursuant to RSA 169-B:24 and that the prosecution would have pursued such transfer. Source. 2017, 180:3, eff. Aug. 28, 2017.

RSA 651:5-b Annulment of Arrests and Convictions for Marijuana Possession.

651:5-b. Annulment of Arrests and Convictions for Marijuana Possession. Any person who was arrested or convicted for knowingly or purposely obtaining, purchasing, transporting, or possessing, actually or constructively, or having under his or her control, 3/4 of an ounce of marijuana or less where the offense occurred before September 16, 2017 may, at any time, petition the court in which the person was convicted or arrested to annul the arrest record, court record, or both. The petition shall state that the amount of marijuana was 3/4 of an ounce or less. The petitioner shall furnish a copy of the petition to the office of the prosecutor of the underlying offense. The prosecutor may object within 10 days of receiving a copy of the petition and request a hearing. If the prosecutor does not object within 10 days, the court shall grant the petition for annulment. If the prosecutor timely objects, the court shall hold a hearing. In a hearing on the petition for annulment, the prosecutor shall be required to prove beyond a reasonable doubt that the petitioner knowingly or purposely obtained, purchased, transported, or possessed, actually or constructively, or had under his or her control, marijuana in an amount exceeding 3/4 of an ounce. At the close of the hearing, the court shall grant the petition unless the prosecutor has proven that the amount of marijuana exceeded 3/4 of an ounce. If the petition is granted, and an order of annulment is entered, the provisions of RSA 651:5, X-XI shall apply to the petitioner. Source. 2019, 211:1, eff. Jan. 1, 2020.

RSA 651:6 Extended Term of Imprisonment.

651:6. Extended Term of Imprisonment. I. A convicted person may be sentenced according to paragraph III if the jury also finds beyond a reasonable doubt that such person: (a) Based on the circumstances for which he or she is to be sentenced, has knowingly devoted himself or herself to criminal activity as a major source of livelihood; (b) Has been subjected to a court-ordered psychiatric examination on the basis of which the jury finds that such person is a serious danger to others due to a gravely abnormal mental condition; (c) Has manifested exceptional cruelty or depravity in inflicting death or serious bodily injury on the victim of the crime; (d) Has committed an offense involving the use of force against a person with the intention of taking advantage of the victim's age or physical disability; (e) Has committed or attempted to commit any of the crimes defined in RSA 631 or 632-A against a person under 13 years of age; (f) Was substantially motivated to commit the crime because of hostility towards the victim's religion, race, creed, sexual orientation as defined in RSA 21:49, national origin, sex, or gender identity as defined in RSA 21:53; (g) Has knowingly committed or attempted to commit any of the crimes defined in RSA 631, other than a violation of RSA 631:1, I(e) or RSA 631:2, I(g), where he or she knows the victim was, at the time of the commission of the crime, a law enforcement officer, a paid firefighter, volunteer firefighter, on-call firefighter, or licensed emergency medical care provider as defined in RSA 153-A:2, V acting in the line of duty; (h) Was an on-duty law enforcement officer at the time that he or she committed or attempted to commit any of the crimes defined in RSA 631; (i) Has committed a crime listed in RSA 193-D:1 in a safe school zone under RSA 193-D; (j) Possesses a radio device with the intent to use that device in the commission of robbery, burglary, theft, gambling, stalking, or a violation of any provision of RSA 318-B. In this section, the term "radio device" means any device capable of receiving a wireless transmission on any frequency allocated for law enforcement use, or any device capable of transmitting and receiving a wireless transmission; (k) Has committed or attempted to commit negligent homicide as defined in RSA 630:3, I against a person under 13 years of age who was in the care of, or under the supervision of, the defendant at the time of the offense; (l) Has committed or attempted to commit any of the crimes defined in RSA 637 or RSA 638 against a victim who is 65 years of age or older or who has a physical or mental disability and that in perpetrating the crime, the defendant intended to take advantage of the victim's age or a physical or mental condition that impaired the victim's ability to manage his or her property or financial resources or to protect his or her rights or interests; (m) Has committed or attempted to commit aggravated felonious sexual assault in violation of RSA 632-A:2, I(l) or RSA 632-A:2, II where the defendant was 18 years of age or older at the time of the offense; (n) Has committed or attempted to commit aggravated felonious sexual assault in violation of RSA 632-A:2, III, and one or more of the acts comprising the pattern of sexual assault was an offense under RSA 632-A:2, I(l) or RSA 632-A:2, II, or both, and the defendant was 18 years of age or older when the pattern of sexual assault began; (o) Has purposely, knowingly, or recklessly with extreme indifference to the value of human life committed an act or acts constituting first degree assault as defined in RSA 631:1 against a person under 13 years of age where the serious bodily injury has resulted in brain damage or physical disability to the child that is likely to be permanent; (p) Has committed murder as defined in RSA 630:1-b against a person under 13 years of age; (q) Has knowingly committed any of the following offenses as a criminal street gang member, or for the benefit of, at the direction of, or in association with any criminal street gang, with the purpose to promote, further, or assist in any such criminal conduct by criminal street gang members: (1) Violent crime as defined in RSA 651:5, XIII. (2) A crime involving the distribution, sale, or manufacture of a controlled drug under RSA 318-B:2. (3) Class A felony theft where the property stolen was a firearm. (4) Unlawful sale of a pistol or a revolver. (5) Witness tampering. (6) Criminal street gang solicitation as defined in RSA 644:20; or (r) Has committed an offense under RSA 637 where such person knowingly activated an audible alarm system to avoid detection or apprehension, or cause a distraction during the commission of the offense. I-a. As used in this section: (a) "Law enforcement officer" means a sheriff or deputy sheriff of any county, a state police officer, a constable or police officer of any city or town, an official or employee of any prison, jail, or corrections institution, a probation-parole officer, a juvenile probation and parole officer, or a conservation officer. (b) "Criminal street gang member" means an individual to whom 2 or more of the following apply: (1) Admits to criminal street gang membership; (2) Is identified as a criminal street gang member by a law enforcement officer, parent, guardian, or documented reliable informant; (3) Resides in or frequents a particular criminal street gang's area and adopts its style of dress, its use of hand or other signs, tattoos, or other physical markings, and associates with known criminal street gang members; or (4) Has been arrested more than once in the company of individuals who are identified as criminal street gang members by law enforcement, for offenses that are consistent with usual criminal street gang activity. (c) "Criminal street gang" means a formal or informal ongoing organization, association, or group of 3 or more persons, which has as one of its primary objectives or activities the commission of criminal activity, whose members share a common name, identifying sign, symbol, physical marking, style of dress, or use of hand sign, and whose members individually or collectively have engaged in the commission, attempted commission, solicitation to commit, or conspiracy to commit 2 or more the following offenses, or a reasonably equivalent offense in another jurisdiction, on separate occasions within the preceding 3 years: (1) Violent crimes, as defined in RSA 651:5, XIII; (2) Distribution, sale, or manufacture of a controlled drug in violation of RSA 318-B:2; (3) Class A felony theft; (4) Unlawful sale of a pistol or revolver; or (5) Witness tampering. II. A convicted person may be sentenced according to the terms of paragraph III if the court finds, and includes such findings in the record, that such person: (a) Has twice previously been convicted in this state, or in another jurisdiction, on sentences in excess of one year; (b) Has previously been convicted of a violation of RSA 630:3, II, RSA 265-A:3, I(b) or II(b), or any crime in any other jurisdiction involving driving or attempting to drive a motor vehicle under the influence of controlled drugs, prescription drugs, over-the-counter drugs, or any other chemical substances, natural or synthetic, which impair a person's ability to drive or intoxicating liquors, or both, and such person has committed a crime as defined under RSA 630:3, II or RSA 265-A:3, I(b) or II(b); or (c) Has been previously convicted of driving or operating under the influence of drugs or liquor under RSA 265-A:2, aggravated driving while intoxicated under RSA 265-A:3, or negligent homicide under RSA 630:3, II, or under reasonably equivalent offenses in an out-of-state jurisdiction, and such person is charged with an offense under RSA 630:3, II or RSA 265-A:3, I(b) or II(b). III. If authorized by paragraph I or II, and if written notice of the possible application of this section is given the defendant at least 21 days prior to the commencement of jury selection for his or her trial, a defendant may be sentenced to an extended term of imprisonment. An extended term is, for a person convicted of: (a) Any felony, other than murder, manslaughter, negligent homicide under RSA 630:3, II, or aggravated driving while intoxicated under RSA 265-A:3, I(b) or II(b) under circumstances where the person caused serious bodily injury as defined in RSA 625:11 to another, a minimum to be fixed by the court of not more than 10 years and a maximum to be fixed by the court of not more than 30 years; (b) A misdemeanor, a minimum to be fixed by the court of not more than 2 years and a maximum to be fixed by the court of not more than 5 years; (c) Manslaughter, a minimum to be fixed by the court of not more than 20 years and a maximum to be fixed by the court of not more than 40 years; (d) Murder, life imprisonment; (e) Two or more offenses under RSA 632-A:2, life imprisonment without parole; (f) A third offense under RSA 632-A:3, life imprisonment; (g) Any of the crimes listed under RSA 651:6, I(j), a minimum to be fixed by the court of not less than 90 days and a maximum of not more than one year; (h) Negligent homicide under RSA 630:3, II or aggravated driving while intoxicated under RSA 265-A:3, I(b) or II(b) under circumstances where the person caused serious bodily injury as defined in RSA 625:11 to another, provided that the court may consider an enhanced sentence of not less than 10 years or more than 20 years where the person has once previously been convicted under RSA 265-A:2, I, RSA 265-A:3, or RSA 630:3, II, or under a reasonably equivalent offense in an out-of-state jurisdiction; or (i) Negligent homicide under RSA 630:3, II or aggravated driving while intoxicated under RSA 265-A:3, I(b) or II(b) under circumstances where the person caused serious bodily injury as defined in RSA 625:11 to another, provided that the court may consider an enhanced sentence of not less than 15 years or more than 30 years where the person has, on 2 or more prior occasions, been convicted under RSA 265-A:2, I, RSA 265-A:3, or RSA 630:3, II, or under a reasonably equivalent offense in an out-of-state jurisdiction. IV. If authorized by subparagraphs I(m), (n), or (o) and if notice of the possible application of this section is given to the defendant prior to the commencement of trial: (a) There is a presumption that a person shall be sentenced to a minimum to be fixed by the court of not less than 25 years and a maximum of life imprisonment unless the court makes a determination that the goals of deterrence, rehabilitation, and punishment would not be served, based on the specific circumstances of the case, by such a sentence and the court makes specific written findings in support of the lesser sentence. Before the court can determine whether the presumption has been overcome, the court shall consider, but is not limited to, the following factors: (1) Age of victim at time of offense. (2) Age of the defendant at the time of the offense. (3) Relationship between defendant and victim. (4) Injuries to victim. (5) Use of force, fear, threats, or coercion to the victim or another. (6) Length of time defendant offended against victim. (7) Number of times defendant offended against victim. (8) Number of other victims. (9) Acceptance of responsibility by defendant. (10) Defendant's criminal history. (11) Use of a weapon. (12) Medical or psychological condition of the victim at the time of the assault. (b) The sentence shall also include, in addition to any other penalties provided by law, a special sentence of lifetime supervision by the department of corrections. The defendant shall comply with the conditions of lifetime supervision which are imposed by the court or the department of corrections. Violation of any of the conditions of lifetime supervision shall be deemed contempt of court. The special sentence of lifetime supervision shall begin upon the offender's release from incarceration, parole, or probation. A defendant who is sentenced to lifetime supervision pursuant to this paragraph shall not be eligible for release from the lifetime supervision pursuant to RSA 632-A:10-a, V(b). (c) Any decision by the superior court under subparagraph (a) may be reviewed by the sentence review division of the superior court at the request of the defendant or at the request of the state pursuant to RSA 651:58. V. If authorized by subparagraph I(p) and if notice of the possible application of this section is given to the defendant prior to the commencement of trial, a person shall be sentenced to an extended term of imprisonment as follows: a minimum to be fixed by the court of not less than 35 years and a maximum of life imprisonment. VI. A person shall be sentenced according to the terms of paragraph VII if the court finds, and includes such findings in the record, that such person: (a)(1) Committed a violation of RSA 632-A:2, I(l), RSA 632-A:2, II, or RSA 632-A:2, III, in which one or more of the acts comprising the pattern of sexual assault was an offense under RSA 632-A:2, I(l) or RSA 632-A:2, II, or both, after having previously been convicted of an offense in violation of one of the aforementioned offenses or any other statute prohibiting the same conduct in another state, territory or possession of the United States, and (2) The person committed the subsequent offense while released on bail on the earlier offense or the sentence for the earlier conviction involved a term of incarceration, probation, parole, or other supervised release; or (b)(1) Committed a violation of RSA 631:1 after having previously been convicted of an offense in violation of RSA 631:1, or any other statute prohibiting the same conduct in another state, territory or possession of the United States, if the earlier offense also involved a victim under 13 years of age where the serious bodily injury resulted in brain damage or physical disability to the child that is likely to be permanent; and (2) The person committed the subsequent offense while released on bail on the earlier offense or the sentence for the earlier conviction involved a term of incarceration, probation, parole, or other supervised release; or (c)(1) Committed a violation of RSA 630:1-b after having previously been convicted of an offense in violation of RSA 630:1-b, or any other statute prohibiting the same conduct in another state, territory, or possession of the United States; and (2) The person committed the subsequent offense while released on bail on the earlier offense or the sentence for the earlier conviction involved a term of incarceration, probation, parole, or other supervised release. VII. If the court has made the findings authorized by RSA 651:6, VI, and if notice of the possible application of this section is given to the defendant prior to the commencement of trial, a person shall be sentenced to an extended term of imprisonment of life without parole. Source. 1971, 518:1. 1973, 370:3. 1981, 511:1. 1985, 228:7, 8. 1990, 68:1; 140:2, XI. 1992, 3:1. 1994, 355:4. 1995, 131:1, 2. 1996, 198:1. 1997, 108:16. 1998, 301:1, 2. 1999, 296:2. 2003, 33:1. 2006, 89:1, 2; 197:1; 260:35; 327:17-20. 2007, 110:1. 2008, 379:1, 2. 2009, 209:5. 2012, 267:18, eff. Jan. 1, 2013. 2019, 332:9, eff. Oct. 15, 2019. 2021, 213:2-4, eff. Jan. 1, 2022. 2026, 79:3, eff. July 21, 2026.

RSA 651:7-a Racial Disparity in Sentencing Prohibited.

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. Source. 2024, 320:2, eff. Oct. 1, 2024.

RSA 651:8 Certificate of Jury.

651:8. Certificate of Jury. Whenever the grand jury shall omit to find an indictment against a person, for the reason of insanity or mental derangement, or a person prosecuted for an offense shall be acquitted by the petit jury for the same reason, such jury shall certify the same to the court. Source. 1971, 518:1, eff. Nov. 1, 1973.

RSA 651:8-a Plea of Insanity.

651:8-a. Plea of Insanity. Any person prosecuted for an offense may plead that he is not guilty by reason of insanity or mental derangement. If such a plea is accepted by the state's counsel, such counsel shall certify the same to the court. Source. 1975, 243:1, eff. Aug. 3, 1975.

RSA 651:8-b Hospitalization; Persons Acquitted by Reason of Insanity.

651:8-b. Hospitalization; Persons Acquitted by Reason of Insanity. I. If a person is found not guilty by reason of insanity at the time of the offense charged, he shall be committed to the secure psychiatric unit until such time as he is eligible for release pursuant to paragraph IV. II. A hearing shall be conducted not later than 40 days following a verdict of not guilty by reason of insanity, at which the defendant shall be represented by counsel. The state and the defendant shall be offered the opportunity to present evidence and to cross-examine witnesses who appear at the hearing. III. Prior to the date of the hearing pursuant to paragraph II, the court shall order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, with copies provided to the defendant and to the attorney for the state. IV. If, after the hearing, the court finds by clear and convincing evidence that the acquitted person is presently suffering from a mental disease or defect as a result of which his or her release would create a substantial risk of bodily injury to himself or herself or another, or serious damage to the property of another, the court shall commit the person pursuant to the provisions of RSA 651:9-a and RSA 651:11-a. The court shall supply a copy of the report ordered pursuant to paragraph III to the secure psychiatric unit or other treatment facility in which the person is confined. The existence of clear and convincing evidence that a person's release would create a substantial risk of bodily injury to himself or herself or another person or serious damage to the property of another shall be presumed, subject to rebuttal by the acquitted person, where the person has been found not guilty by reason of insanity of an offense involving bodily injury or serious damage to property of another, or substantial risk of such injury or damage. Source. 1987, 405:1. 2010, 46:2, eff. May 18, 2010.

RSA 651:9-a Committal.

651:9-a. Committal. In either of the cases aforesaid the court, if it is of the opinion that it will be dangerous that such person should go at large, shall commit him to the secure psychiatric unit for 5 years unless earlier discharged, released or transferred by due course of law. Source. 1975, 388:1. 1985, 337:4, eff. July 1, 1985.

RSA 651:10 Discharge or Transfer From Prison.

651:10. Discharge or Transfer From Prison. The governor and council or the superior court may discharge any such person from prison, or shall transfer any prisoner who is insane to the secure psychiatric unit, to be kept at the expense of the state, whenever they are satisfied that such discharge or transfer will be conducive to the health and comfort of the person and the welfare of the public. Source. 1971, 518:1. 1975, 388:2. 1985, 337:5, eff. July 1, 1985.

RSA 651:11 Transfer From County Correctional Facility.

651:11. Transfer From County Correctional Facility. If any insane person is confined in a county correctional facility, the superior court shall order him to be committed to the secure psychiatric unit. Source. 1971, 518:1. 1975, 388:3. 1985, 337:6. 1988, 89:30, eff. June 17, 1988.

RSA 651:11-a Duration of Committal Orders.

651:11-a. Duration of Committal Orders. I. Orders of committal to the secure psychiatric unit made pursuant to this chapter shall be valid for 5 years. For the order to be renewed, another judicial hearing must be held. At the renewal hearing, when the court is satisfied by clear and convincing evidence that the person suffers from a mental disorder and that it would be dangerous for him to go at large, the court shall renew the order of committal. II. Without otherwise limiting the discretion of the court, a court shall find it would be dangerous for a person to go at large if: (a) He has been found not guilty by reason of insanity of a crime; and (b) The physical act or acts constituting the crime of which the person was found not guilty by reason of insanity caused death or serious bodily injury as defined in RSA 625:11, VI, to him or another, or created a grave risk of death or serious bodily injury to him or another; and (c) The person suffers from the mental disorder or a substantially similar mental condition as existed at the time he committed the act or acts which constituted the crime of which he was found not guilty by reason of insanity. III. Without otherwise limiting the discretion of the court, a court may find that it would be dangerous for a person to go at large if: (a) He has been found not guilty by reason of insanity of a crime; and (b) The physical act or acts constituting the crime of which the person was found not guilty by reason of insanity resulted in damage to the property of another, or created a grave risk of damage to the property of another, or caused harm or a risk of harm to himself or another; and (c) The person suffers from the mental disorder or a substantially similar mental condition as existed at the time he committed the act or acts which constituted the crime of which he was found not guilty by reason of insanity. IV. The following provisions shall apply after the court renews the order of committal pursuant to paragraph I of this section: (a) If the court renews the order of committal but finds by clear and convincing evidence that the person's release under certain conditions, including, but not limited to, a prescribed regimen of medical, psychiatric, or psychological care or treatment, would no longer create a substantial risk of bodily injury to himself or another person or serious damage to property of another, the court may: (1) Order that he be conditionally discharged under conditions the court finds appropriate, including any prescribed regimen of medical, psychiatric, or psychological care or treatment that has been prepared for him, which has been certified to the court as appropriate by the commissioner of the department of corrections or his designee or by the director of another facility not within the department of corrections in which he is committed, and which has been found by the court to be appropriate; and (2) Order, as an explicit condition of release, that he comply with the conditions imposed by the court, including any prescribed regimen of medical, psychiatric, or psychological care or treatment. (b) The court at any time may, after a hearing employing the same criteria as a hearing pursuant to subparagraph (a), modify or eliminate the conditions imposed, including any prescribed regimen of medical, psychiatric, or psychological care or treatment. (c) The commissioner of the department of corrections or the director of another program or facility not within the department of corrections responsible for administering a condition or regimen imposed on a person conditionally discharged under subparagraph (a) shall notify the attorney general and the court having jurisdiction over the person of any failure of the person to comply with the condition or regimen, or of any other circumstances which create a reasonable likelihood that it is dangerous for the person to remain conditionally discharged. Upon such notice, or upon other probable cause to believe that the person has failed to comply with the condition or prescribed regimen of medical, psychiatric, or psychological treatment, or that other circumstances exist which create a reasonable likelihood that it is dangerous for the person to remain conditionally discharged, the person may be arrested, and, upon arrest, shall be taken without unnecessary delay before the court having jurisdiction over him. The court shall, after a hearing, determine whether the person should be remanded to the secure psychiatric unit or to another suitable facility on the basis that in light of his failure to comply with the conditions imposed by the court, including any prescribed regimen of medical, psychiatric, or psychological care or treatment, or because of other circumstances, his continued release would create a substantial risk of bodily injury to himself or another person or serious damage to property of another. Source. 1975, 388:4. 1977, 180:1. 1982, 34:2. 1985, 337:7. 1987, 13:2, eff. June 2, 1987.

RSA 651:11-b Rights of Persons Transferred to State Hospital.

651:11-b. Rights of Persons Transferred to State Hospital. Persons committed or transferred to the state hospital pursuant to this chapter shall be granted the rights set forth in RSA 135-C:55-59. Source. 1975, 388:4. 1994, 248:10, eff. June 2, 1994.

RSA 651:15 Sentence to State Prison.

651:15. Sentence to State Prison. Whenever the sentence for an offense is to be imprisonment for a maximum of more than one year, the sentence shall be served in the state prison. Source. 1971, 518:1. 1981, 228:1, eff. Aug. 10, 1981.

RSA 651:17 Year or Less.

651:17. Year or Less. I. Whenever a person is sentenced either (a) For a misdemeanor under the provisions of RSA 651:2; or (b) For a felony under the provisions of RSA 651:2; or (c) For an extended term of imprisonment under RSA 651:6, and the maximum term thereof does not exceed one year. II. The sentence shall be that the offender be confined to hard labor, for the term ordered by the court, in the county correctional facility of the county in which the crime was committed if such county has a correctional facility, or in the county correctional facility designated by agreement in RSA 30-B:1. Source. 1971, 518:1. 2003, 237:11. 2007, 93:8, eff. Aug. 10, 2007.

RSA 651:17-a Transfer of Youthful Offender.

651:17-a. Transfer of Youthful Offender. Any person under the age of 18 who has been certified as an adult pursuant to RSA 169-B:24 and sentenced to the state prison pursuant to RSA 651:15 or to a county correctional facility pursuant to RSA 651:17, may be transferred to the youth development center established under RSA 621 for service of his or her sentence until he or she reaches the age of 18. Thereafter, any remaining portion of the sentence shall be served at the state prison or county correctional facility. The department of corrections, county correctional facilities, and the department of health and human services shall develop a memorandum of agreement which sets forth the roles and responsibilities of the parties when such a transfer occurs. Source. 2016, 303:2, eff. July 1, 2016.

RSA 651:18 Place; Reduction in Sentence.

651:18. Place; Reduction in Sentence. I. Persons liable to commitment to a correctional facility for any offense shall be committed to the county correctional facility in the county in which the crime was committed. II. Any prisoner whose conduct while in the custody of the superintendent of a county correctional facility has been meritorious may be issued a permit and discharged by the superintendent of the county department of corrections when he has served 2/3 of his minimum sentence, provided it shall appear to the superintendent to be a reasonable probability that he will remain at liberty without violating the law and will conduct himself as a good citizen. Source. 1971, 518:1. 1973, 370:32. 1988, 89:31. 1991, 316:1. 2003, 237:14, eff. July 7, 2003.

RSA 651:19 Release for Purpose of Gainful Employment, Rehabilitation, or Home Confinement.

651:19. Release for Purpose of Gainful Employment, Rehabilitation, or Home Confinement. 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 RSA 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. Source. 1971, 518:1. 1994, 192:3. 2000, 307:3. 2003, 237:12. 2007, 149:1. 2013, 277:1, eff. Sept. 22, 2013.

RSA 651:19-a Day Reporting Program.

651:19-a. Day Reporting Program. I. The superintendent of a county correctional facility may establish a day reporting program in lieu of incarceration for certain offenders as deemed appropriate by the superintendent. Such release shall be for such terms or intervals of time and under such terms and conditions as may be permitted by the facility's rules and regulations or as the court may order. Any part of a day spent in the free community under such a release order shall be counted as a full day toward the serving of the sentence unless otherwise provided by the sentencing court. II. The sentencing court may order any person who has been committed to a correctional institution other than state prison to be released therefrom for the purpose of participating in a day reporting program, provided the county correctional facility has established such a program. Source. 2007, 149:2, eff. Aug. 17, 2007.

RSA 651:20 Incarceration Under Suspended Sentence.

651:20. Incarceration Under Suspended Sentence. I. Notwithstanding any other provision of law, except as provided in subparagraphs (a), (b), and (c), the sentence to imprisonment of any person may be suspended by the sentencing court at the time of imposition of the sentence or at any time thereafter in response to a petition to suspend sentence which is timely brought in accordance with the limitations set forth below in subparagraphs (a), (b), and (c). (a) Any person sentenced to state prison for a minimum term of 6 years or more shall not bring a petition to suspend sentence until such person is within 12 months of serving 2/3 of the minimum sentence, and not more frequently than every 3 years thereafter. Any person sentenced to state prison for a minimum term of less than 6 years shall not bring a petition to suspend sentence until such person has served at least 2/3 of the minimum sentence, or the petition has been authorized by the sentencing court. For the purposes of this subparagraph: (1) For concurrent terms of imprisonment, the minimum term shall be satisfied by serving the longest minimum term imposed, and the maximum term shall be satisfied by serving the longest maximum term. (2) For consecutive terms of imprisonment, the minimum terms of each sentence shall be added to arrive at an aggregate minimum term, and the maximum terms of each sentence shall be added to arrive at an aggregate maximum term. (b) A petition to suspend the sentence of any state prisoner may be brought at any time if, prior to the petition being filed, the commissioner of the department of corrections has found that the prisoner is a suitable candidate for suspension of sentence. (c) A petition to suspend the sentence of any state prisoner may be brought at any time by the attorney general in recognition of substantial assistance by the inmate in the investigation or prosecution of a serious felony offense. (d) Petitions filed which do not meet the criteria in (a), (b), or (c) above shall be dismissed without a hearing. II. A person whose sentence has been suspended may be required to report to the institution to which he has been sentenced to be incarcerated during weekends or at such times or intervals of time as the court may direct, except that weekend sentence provisions do not apply to the New Hampshire state prison. Time so spent in said institution shall be deducted from the maximum term, and where there are both a minimum and maximum term, from both. Any part of a day spent in the institution shall count as a full day toward the sentence. III. As a condition of any suspension of sentence, the court may include restitution to the victim, as provided in RSA 651:62-67, performance of uncompensated public service as provided in RSA 651:68-70, and such other conditions as the court may determine. Source. 1971, 518:1. 1979, 407:3. 1981, 516:1. 1982, 36:3. 1990, 266:3. 1992, 254:13. 1994, 129:1; 192:5. 1996, 286:5. 2008, 114:1, eff. Jan. 1, 2009. 2021, 206:2, Pt. III, Sec. 1, eff. Oct. 9, 2021.

RSA 651:21 Terms on Revocation of Suspended Sentence.

651:21. Terms on Revocation of Suspended Sentence. Upon revocation of any suspended sentence the court may order that the defendant serve such sentence in full or in such parts and at such times as is deemed best, may further suspend any part not ordered to be served upon such terms and conditions as the court may order and may place the defendant on probation during the time any portion of the sentence remains suspended. Source. 1971, 518:1, eff. Nov. 1, 1973.

RSA 651:22 Jurisdiction Over and Disposition of Wages and Income.

651:22. Jurisdiction Over and Disposition of Wages and Income. In any criminal case, in addition to such other terms and conditions as may be imposed by the court, a defendant who has received a suspended sentence or who has been released under RSA 651:19 may be required by the court to surrender to the department of corrections or other agency designated by the court all or part of his wages or other income, less standard payroll deduction required by law, earned during the time he is not confined under the sentence. The court may direct that, after deducting therefrom the cost of his maintenance while not confined, the balance be applied as needed for restitution payments made to authorized claimants pursuant to RSA 651:62 through 66 and for the support and maintenance of his dependents. Any balance after such applications shall be deposited in a savings account to be released to him or applied as needed for restitution payments or the support of his dependents as the court may order, or applied to the designated cost of room and board at the institution for the period of time during which the inmate is working before the expiration of his sentence. Upon expiration of his sentence the balance remaining shall be paid to him or his order. Source. 1971, 518:1. 1981, 329:3, eff. Aug. 16, 1981.

RSA 651:24 Failure to Report Deemed Escape.

651:24. Failure to Report Deemed Escape. Any person released under RSA 651:19 or RSA 651:19-a, or ordered confined under RSA 651:20 or 21 who willfully fails to report as ordered shall be deemed to have escaped from the institution to which he has been sentenced and upon conviction shall be subject to the punishment provided for escape therefrom. Source. 1971, 518:1. 2007, 149:3, eff. Aug. 17, 2007.

RSA 651:25 Release From State Prison.

651:25. Release From State Prison. I. The commissioner of corrections may release any person who has been committed to the state prison at any time during the term of sentence for the purpose of obtaining and working at gainful employment, for the performance of uncompensated public service as provided in RSA 651:68-70, or for such other purpose as may be deemed conducive to his rehabilitation, for such times or intervals of time and under such terms and conditions as may be prescribed by the commissioner pursuant to RSA 541-A, provided, however, that a prisoner who has not served sufficient time to be eligible for parole may be released under this section only if the sentencing court and the prosecutor of the underlying offense have been notified of the proposed release, and there has been no objection within 10 days of the notice by either the sentencing court or the prosecutor of the underlying offense. If the prosecutor of the underlying offense objects to the proposed release, the prosecutor shall submit in writing to the sentencing court the reasons for objecting. The sentencing court shall, within 10 days of receipt of the prosecutor's objection, schedule a hearing on the proposed release. The sentencing court shall then approve or deny the proposed release. The commissioner of corrections may permit inmates of the state prison, who volunteer to do so, to be gainfully employed outside the institution when such employment is considered in their best interest and the best interest of the state. Inmates may be so employed by the state or by public or private employers. II. The rates of pay and other conditions of employment of a person released for work shall be the same as those paid or required in the locality in which the work is performed. An inmate so employed shall surrender to the commissioner of corrections his total earnings less payroll deductions authorized by law, including income taxes. After deducting from the earnings of each person an amount determined to be the cost of the person's keep, the commissioner shall: (a) Allow the person to draw from the balance a sufficient sum to cover his incidental expenses; (b) Credit to his account such amount as seems necessary to accumulate a reasonable sum to be paid to him on his release; (c) Cause to be paid such part of any additional balance as is needed for restitution payments to authorized claimants pursuant to RSA 651:62 through 66; (d) Cause to be paid such part of any additional balance as is needed for the support of the person's dependents and notify the overseer of public welfare of the town, in which the person's dependents reside, of such support payments; (e) Pay the balance to the person when he is released. III. Any part of a day a prisoner is employed outside the walls of the institution shall count as a full day toward the serving of his sentence as though served inside the walls. An inmate so employed outside shall be subject to the rules and regulations of the institution and be under the direction and control of the officers thereof. IV. If an inmate released for work escapes or fails to return inside the walls of the institution as required by the rules or the orders of the officers thereof or if on administrative home confinement, knowingly leaves a place without authority to do so, such inmate shall be punished as provided by RSA 642:6. The commissioner of corrections may at any time recall a prisoner from such release status if the commissioner believes or has reason to believe the peace, safety, welfare, or security of the community may be endangered by the prisoner being under such release status. V. A prisoner authorized to work at paid employment in the community under this section may be required to pay, and the commissioner of corrections is authorized to collect, such cost incident to the prisoner's confinement as the commissioner deems appropriate and reasonable. The first $325,000 of such collections shall be deposited in each fiscal year with the state treasurer as a part of the general revenue of the state. The commissioner shall deposit any amount in excess of $325,000 into the transitional housing unit maintenance fund established in RSA 21-H:14-d. VI. A low-risk, nonviolent prisoner who has not served sufficient time to be eligible for parole as provided in RSA 651-A:6, I, may be released on parole notwithstanding such provision, subject to the other provisions of RSA 651-A, provided that the following requirements are met before the parole board schedules a hearing on the proposed parole: (a) The prisoner has been sentenced to the state prison for an offense other than capital, first degree or second degree murder, attempted murder, manslaughter, aggravated felonious sexual assault, felonious sexual assault or first degree assault; (b) The prisoner has been assigned a course of programs or treatment, has successfully completed such course, and has been found by the commissioner of corrections to be a suitable candidate for early parole; (c) The commissioner of corrections has submitted findings and a recommendation for early parole to the parole board; and (d) The commissioner of corrections has notified the sentencing court and the prosecutor of the underlying offense of the proposed parole, and the court has not objected in writing within 20 days of such notice. VII. (a) The commissioner of corrections may release a prisoner who is serving a New Hampshire state sentence to the custody and control of the United States Immigration and Customs Enforcement if all of the following requirements are satisfied: (1) The department of corrections receives an order of deportation for the prisoner from the United States Immigration and Customs Enforcement; (2) The prisoner has served at least 1/3 of the minimum sentences imposed by the court; (3) The prisoner was not convicted of a violent crime, or any crime of obstruction of justice, or sentenced to an extended term of imprisonment under RSA 651:6; and (4) The prisoner was not convicted of a sexual offense as defined in RSA 651-B:1, V. (b) If a prisoner who is released from his or her state sentence pursuant to this section returns illegally to the United States, on notification from any federal or state law enforcement agency that the prisoner is in custody, the commissioner of corrections shall revoke the prisoner's release and immediately file a detainer seeking the prisoner's return to the custody of the department of corrections to serve the remainder of his or her sentence. Source. 1971, 518:1. 1975, 179:1. 1981, 205:1, 2; 329:4. 1993, 45:1. 1994, 192:4. 1995, 237:6. 2002, 181:1, 2. 2009, 144:63. 2015, 276:222, eff. July 1, 2015.

RSA 651:28 Default.

651:28. Default. Whenever a corporation indicted under a statute fails to appear, after being duly served with process or an order of notice, its default shall be recorded, the charges in the indictment taken to be true, and judgment shall be rendered accordingly. Source. 1971, 518:1, eff. Nov. 1, 1973.

RSA 651:36-a Uncompensated Public Service by Prisoners.

651:36-a. Uncompensated Public Service by Prisoners. The county commissioners of any county may authorize the superintendent of the county correctional facility to make arrangements with officials of a city or town to have prisoners from the county correctional facilities perform uncompensated public service at municipality-owned grounds or property. Prisoners sent from the county correctional facility shall be in the custody of the superintendent of county correctional facilities or designee. Source. 1973, 322:1. 1988, 89:32. 1997, 237:1, eff. Aug. 18, 1997.

RSA 651:57 Review Division.

651:57. Review Division. The chief justice of the superior court shall appoint 3 superior court justices, senior justices, or retired superior court justices to constitute a board of 3 members to act as a review division of the court and shall designate one of these judges as division chairman. The term shall be for 3 years. The division shall meet at the times and places as its business requires, as determined by the chairman. The decision of 2 members is sufficient to determine any matter before the review division. No member may sit or act on a review of a sentence imposed by him. If the review to be acted on by the division is a review of a sentence imposed by a member serving on the review division or if it is inexpedient for a member to attend at the time for which a meeting is called, the division chairman shall designate a superior court justice, a retired superior court justice, or a senior superior court justice to act as an alternate in place of the absent or disqualified member. The review division may appoint a secretary-clerk, whose compensation shall be fixed by the review division and paid by the state. Source. 1975, 267:1. 1976, 25:1. 1979, 407:2. 1981, 186:1. 1988, 81:2, eff. April 15, 1988.

RSA 651:58 Application for Review.

651:58. Application for Review. I. Any person sentenced to a term of one year or more in the state prison, except in any case in which a different sentence could not have been imposed, or the state of New Hampshire, may file with the clerk of the superior court for the county in which the judgment was rendered an application for review of the sentence by the review division. The application may be filed within 30 days after the date the sentence was imposed, but not thereafter except for good cause shown. The filing of an application for review shall not stay the execution of the sentence. II. Upon imposition of the sentence the person sentenced shall be given oral and written notice of his or her right to make such a request. This notice shall include a statement that review of the sentence may result in a decrease or increase of the minimum or maximum term within the limits fixed by law. A form for making the application shall accompany the notice. If an application is filed, the clerk shall forthwith transmit it to the review division and shall notify the chief justice and the judge who imposed the sentence of the filing. III. The sentencing judge may transmit to the review division a statement of his reasons for imposing the sentence, and shall transmit such a statement within 7 days if requested to do so by the review division. Source. 1975, 267:1. 2001, 45:1. 2009, 24:1, eff. July 7, 2009.

RSA 651:59 Review Procedure.

651:59. Review Procedure. I. The review division has jurisdiction: to consider an appeal with or without a hearing; to review the judgment insofar as it relates to the sentence imposed; to review any other sentence imposed when the sentence appealed from was imposed, notwithstanding the partial execution of any such sentence; to amend the judgment by ordering substituted therefor a different appropriate sentence or sentences; or to make any other disposition of the case which could have been made at the time of the imposition of the sentence or sentences under review. II. The review division may require the production of any records, documents, exhibits or other things connected with the proceedings. The superior court shall by rule establish forms for appeals hereunder and may by rule make such other regulations of procedure relative thereto, consistent with law, as justice requires. Source. 1975, 267:1, eff. Aug. 5, 1975.

RSA 651:60 Amendment of Sentence.

651:60. Amendment of Sentence. If the judgment is amended by an order substituting a different sentence or sentences or disposition of the case, the review division or any member thereof shall resentence the defendant or make any other disposition of the case in accordance with the order of the review division. Time served on a sentence appealed from shall be deemed to have been served on a substituted sentence. Source. 1975, 267:1, eff. Aug. 5, 1975.

RSA 651:61 Records.

651:61. Records. The secretary-clerk shall attend all sittings of the review division, shall record all appointments to the division, notifying the clerk of the superior court in each county thereof, and shall record the proceedings of the division. Source. 1975, 267:1, eff. Aug. 5, 1975.

RSA 651:61-a Statement of Purpose.

651:61-a. Statement of Purpose. I. The legislature finds and declares that the victims of crimes often suffer losses through no fault of their own and for which there is no compensation. It also finds that repayment, in whole or in part, by the offender to the victim can operate to rehabilitate the offender. It is the purpose of this act to establish a presumption that the victim will be compensated by the offender who is responsible for the loss. Restitution by the offender can serve to reinforce the offender's sense of responsibility for the offense, to provide the offender the opportunity to pay the offender's debt to society and to the victim in a constructive manner, and to ease the burden of the victim as a result of the criminal act. II. The legislature does not intend that restitution be contingent upon an offender's current ability to pay or upon the availability of other compensation. The legislature intends that the court increase, to the maximum extent feasible, the number of instances in which victims receive restitution. The legislature does not intend the use of restitution to result in preferential treatment for offenders with substantial financial resources. Source. 1996, 286:6, eff. July 1, 1997.

RSA 651:62 Definitions.

651:62. Definitions. As used in this subdivision, unless the context otherwise indicates: I. "Claimant" means a victim, dependent, or any person legally authorized to act on behalf of the victim. II. "Dependent" means any person who was wholly or partially dependent upon the victim for care and support when the crime was committed. III. "Economic loss" means out-of-pocket losses or other expenses incurred as a direct result of a criminal offense, including: (a) Reasonable charges incurred for reasonably needed products, services and accommodations, including but not limited to charges for medical and dental care, rehabilitation, and other remedial treatment and care including mental health services for the victim or, in the case of the death of the victim, for the victim's spouse and immediate family; (b) Loss of income by the victim or the victim's dependents; (c) The value of damaged, destroyed, or lost property; (d) Expenses reasonably incurred in obtaining ordinary and necessary services in lieu of those the injured or deceased victim would have performed, if the crime had not occurred, for the benefit of the victim or the victim's dependents; (e) Reasonable expenses related to funeral and burial or crematory services for the decedent victim. IV. "Offender" means any person convicted of a criminal or delinquent act. V. "Restitution" means money or service provided by the offender to compensate a victim for economic loss, or to compensate any collateral source subrogated to the rights of the victim, which indemnifies a victim for economic loss under this subdivision. VI. "Victim" means a person or claimant who suffers economic loss as a result of an offender's criminal conduct or the good faith effort of any person attempting to prevent or preventing the criminal conduct. Source. 1981, 329:2. 1994, 190:1. 1996, 286:7, eff. July 1, 1997.

RSA 651:63 Restitution Authorized.

651:63. Restitution Authorized. I. Any offender may be sentenced to make restitution in an amount determined by the court. In any case in which restitution is not ordered, the court shall state its reasons therefor on the record or in its sentencing order. Restitution may be ordered regardless of the offender's ability to pay and regardless of the availability of other compensation; however, restitution is not intended to compensate the victim more than once for the same injury. A restitution order is not a civil judgment. II. Restitution ordered shall be in addition to any other penalty or fine and may be a condition of probation or parole. Restitution, if ordered, may also be a condition of any work release program administered under RSA 651:19 or RSA 651:25. III. The making of a restitution order shall not affect the right of a victim to compensation under RSA 21-M:8-h, except to the extent that restitution is actually collected pursuant to the order. The offender shall reimburse the victims' assistance fund for any payments made by the fund to the victim pursuant to RSA 21-M:8-h after the restitution order is satisfied. Refused or unclaimed restitution payments shall be made to the victims' assistance fund. IV. The court's determination of the amount of restitution shall not be admissible as evidence in a civil action. The court shall reduce any civil damage awards by restitution ordered and paid to the victim. Restitution orders shall survive bankruptcy. V. When restitution is ordered to be paid through the department of corrections, division of field services, the court shall add 17 percent to the total restitution payment as an administrative fee to be paid by the offender. Such administrative fee shall be divided into the following components, to be designated as follows: 15 percent shall be continually appropriated to a special fund for the division of field services, department of corrections, $22,500 of which shall lapse to the general fund at the end of each quarter should that amount be received, to maximize restitution collections, directly or through agents of contractors selected by the department; and 2 percent for the victims' assistance fund. Unexpended account balances in the special fund for the division of field services in excess of $50,000 at the end of the fiscal year shall lapse to the general fund. Administrative fees shall be paid by the offender in addition to and when each restitution payment is made. VI. Restitution, administrative fines and fees, and other fees collected, except for supervision fees pursuant to RSA 504-A:13, shall be allocated on a pro-rata basis by the commissioner of corrections or his or her designee when payments are insufficient to cover the full amount due for each of these balances, except that restitution to victims shall have priority over all other allocations. VII. On or before July 1, 1997, and each year thereafter until July 1, 2000, the division of field services, department of corrections, shall submit an annual budget plan to the joint legislative fiscal committee. The division of field services, department of corrections, shall have the authority to hire temporary personnel and to procure equipment and expend relevant operating expenses as may be necessary to implement this chapter. Source. 1981, 329:2. 1996, 286:7. 1999, 261:6. 2008, 120:33, eff. Aug. 2, 2008. 2018, 114:1, eff. July 24, 2018.

RSA 651:64 Time and Method of Restitution.

651:64. Time and Method of Restitution. [Paragraph I effective until June 1, 2027; see also paragraph I set out below.] I. The time and method of restitution payments or performance of restitution services shall be specified by the department of corrections. Monetary restitution may be by lump sum, or by periodic installments in any amounts. The court shall not be required to reduce the total obligation as a result of the offender's inability to pay. The offender shall bear the burden of demonstrating lack of ability to pay. Restitution shall be paid by the offender to the department of corrections unless otherwise ordered by the court. Monetary restitution shall not bear interest. Restitution shall be made to any collateral source or subrogee, if authorized by that source and after restitution to the victim, and to the victims' assistance fund, if applicable, has been satisfied. Restitution shall be a continuing obligation of the offender's estate and shall inure to the benefit of the victim's estate, provided that no indebtedness shall pass to any heir of the offender's estate. [Paragraph I effective June 1, 2027; see also paragraph I set out above.] I. The time and method of restitution payments or performance of restitution services shall be specified by the department of corrections. Monetary restitution may be by lump sum, or by periodic installments in any amounts. The court shall not be required to reduce the total obligation as a result of the offender's inability to pay. The offender shall bear the burden of demonstrating lack of ability to pay. Restitution shall be paid by the offender to the department of corrections unless otherwise ordered by the court. Monetary restitution shall not bear interest, except as authorized by this section. Restitution shall be made to any collateral source or subrogee, if authorized by that source and after restitution to the victim, and to the victims' assistance fund, if applicable, has been satisfied. Restitution shall be a continuing obligation of the offender's estate and shall inure to the benefit of the victim's estate, provided that no indebtedness shall pass to any heir of the offender's estate. II. The department of corrections shall have continuing authority over the offender for purposes of enforcing restitution until the restitution order is satisfied. [Paragraph III effective until June 1, 2027; see also paragraph III set out below.] III. The department may garnish the offender's wages for the purpose of ensuring payment of victim restitution. [Paragraph III effective June 1, 2027; see also paragraph III set out above.] III. (a) The department of corrections shall conduct a mandatory reevaluation of each offender's financial ability to pay restitution at least once every 12 months. (b) If a reevaluation determines that the offender's ability to pay has substantially increased, including but not limited to salary increases, lump sum payments, inheritance, settlement, or other financial gain, the department shall adjust the payment schedule upward within 30 days. (c) Any adjustment shall apply retroactively to the date of the increase, with arrears added to the balance owed. (d) Any such adjustment shall trigger immediate notification to the victim pursuant to paragraph VI. (e) Each reevaluation shall also include a review of the offender's payment history. If the offender has missed payments, paid less than ordered without good cause, or intentionally delayed payments, the department shall initiate enforcement measures pursuant to paragraph IV. (f) The offender shall promptly notify the department of corrections of any change in their ability to pay that occurs outside the reevaluation period. [Paragraph IV effective June 1, 2027.] IV. For any incarcerated offender, the department of corrections shall automatically deduct 10 percent of all incoming monies from the offender's resident account to pay restitution unless otherwise precluded by court order. [Paragraph V effective June 1, 2027.] V. (a) In the event of noncompliance, the department of corrections shall initiate enforcement actions, which may include: (1) Wage garnishment. (2) Interception of tax refunds. (3) Placement of liens on real property and assets. (4) Referral to the appropriate prosecuting authority for consideration of prosecution for contempt, pursuant to RSA 651:67. (b) Intentional nonpayment shall result in interest accruing on the unpaid balance at the civil judgment rate established pursuant to RSA 336:1, II, together with a financial penalty, as established by rule, designed to deter noncompliance. [Paragraph VI effective June 1, 2027.] VI. (a) The department of corrections shall provide written notice to victims within 30 days of any reevaluation results, payment schedule changes, or enforcement actions taken. (b) In the absence of any change, the department of corrections shall provide quarterly payment status updates to victims unless the victim elects otherwise in writing. (c) If restitution payments will be delayed for any reason, including administrative or technical delays, the department of corrections shall provide the victim with written notice explaining the reason for the delay and the expected payment date. [Paragraph VII effective June 1, 2027.] VII. The department of corrections, or any agent acting on its behalf, shall disburse all restitution payments to victims within 45 days of receipt of the funds from the offender or the offender's financial institution. In the event that disbursement is disrupted for any reason, the department of corrections shall notify the victim in writing of the delay, the reason for the disruption, and the anticipated date of payment. [Paragraph VIII effective June 1, 2027.] VIII. The original prosecuting authority shall continue to provide victim services for the victim until all restitution orders have been fully satisfied. [Paragraph I effective until June 1, 2027; see also paragraph I set out below.] [Paragraph I effective June 1, 2027; see also paragraph I set out above.] [Paragraph III effective until June 1, 2027; see also paragraph III set out below.] [Paragraph III effective June 1, 2027; see also paragraph III set out above.] [Paragraph IV effective June 1, 2027.] [Paragraph V effective June 1, 2027.] [Paragraph VI effective June 1, 2027.] [Paragraph VII effective June 1, 2027.] [Paragraph VIII effective June 1, 2027.] Source. 1981, 329:2. 1994, 190:2. 1996, 286:7, eff. July 1, 1997. 2026, 233:2, 3, eff. June 1, 2027.

RSA 651:65 Civil Actions.

651:65. Civil Actions. This subdivision does not bar, suspend, or otherwise affect any right or liability for damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in such civil action constitutes an economic loss. Any restitution ordered and paid shall be deducted from the amount of any judgment awarded in a civil action brought by the victim or other authorized claimant against the offender based on the same facts. If the restitution ordered and made was work restitution, the reasonable value of the services may be deducted from any such judgment. Source. 1981, 329:2, eff. Aug. 16, 1981.

RSA 651:66 Revocation of Restitution.

651:66. Revocation of Restitution. The supervising agency, or the offender who has been sentenced to pay restitution and has not inexcusably defaulted in payment thereof, may at any time petition the court which sentenced him for a revocation of any unpaid portion of the restitution. If the court finds that the circumstances which warranted the imposition of the restitution have changed, or that it would otherwise be unjust to require payment, the court may revoke the unpaid portion of the restitution in whole or in part, or modify the time and method of payment. Source. 1981, 329:2, eff. Aug. 16, 1981.

RSA 651:67 Failure to Make Restitution.

651:67. Failure to Make Restitution. I. Any offender who is sentenced to make restitution under RSA 651:63, and who purposely violates the court's order by either failing to make restitution or by defaulting in the payment or performance of the restitution authorized, may be prosecuted for contempt. II. In the case of a juvenile offender, restitution must be paid before the juvenile's eighteenth birthday, or for any person sentenced pursuant to RSA 169-B:4, before his nineteenth birthday. Any offender who fails to make restitution as ordered before the termination of juvenile court jurisdiction may be prosecuted, as an adult, for contempt. Source. 1981, 329:2. 1985, 130:1, eff. Jan. 1, 1986.

RSA 651:68 Uncompensated Public Service.

651:68. Uncompensated Public Service. The performance of uncompensated public service of a sort that in the opinion of the court, the commissioner of the department of corrections, the superintendent of a county correctional facility, or the parole board will foster respect for those interests violated by the defendant's conduct may be ordered: I. By the sentencing court as a condition of probation, conditional discharge, release under RSA 651:19, or suspension of sentence; II. By the commissioner of the department of corrections as a condition of release under RSA 651:25; III. By the superintendent of a county correctional facility; or IV. By the parole board as a condition of parole. Source. 1994, 192:6. 2007, 149:4, eff. Aug. 17, 2007.

RSA 651:69 Compensation.

651:69. Compensation. No individual who performs uncompensated public service under this subdivision for a person or organization shall receive any benefits that are provided to other employees. Source. 1994, 192:6, eff. July 1, 1994.

RSA 651:70 Liability.

651:70. Liability. No person or organization who utilizes the services of any person performing uncompensated public service under this subdivision shall be liable for any damages sustained by an individual while performing such services for the benefit of the person or organization or any damages caused by that person unless the person or organization is guilty of gross negligence. Source. 1994, 192:6, eff. July 1, 1994.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-LXII-651.htmFetched: 10/20/2026