PROBATIONERS AND PAROLEES

RSA tit. LI, ch. 504-A

in effect

RSA 504-A:1 Definitions.

504-A:1. Definitions. In this chapter: I. "Commissioner" means the commissioner of corrections. I-a. "Lifetime supervision" means a sentence under the provisions of RSA 632-A:10-a, V(a). I-b. "Lifetime supervision conditions" means the restrictions and limitations established by the court or the department of corrections for persons sentenced to lifetime supervision under RSA 632-A:10-a, V(a). II. "Officer" means any probation or parole officer under the supervision of the commissioner. III. "Parole board" means the adult parole board established under RSA 651-A:3. IV. "Parole conditions" means the restrictions and limitations established by the adult parole board for the conduct and behavior of a parolee. V. "Parolee" means a prisoner who has been paroled by the adult parole board under the provisions of RSA 651-A. VI. "Prison-bound offender" means a convicted felon on probation who otherwise would be sentenced to a term in the state prison. VII. "Probation conditions" means the restrictions and limitations established by the court for the conduct and behavior of a probationer. VIII. "Probationer" means a person, as defined in RSA 625:11, II, who has been sentenced under RSA 651:2, V to a term of probation. Source. 1986, 156:1. 1998, 240:3, eff. Jan. 1, 1999 at 12:01 a.m.

RSA 504-A:2 Probationers and Parolees in or of Other Jurisdictions.

504-A:2. Probationers and Parolees in or of Other Jurisdictions. Under RSA 651-A:25, probationers or parolees may be transferred for supervision and control between states which are signatories to a compact entered into under that section. New Hampshire probationers and parolees whose supervision has been transferred to other states are subject to the rules, regulations, policies, and procedures in effect in the state to which they are transferred. Probationers and parolees transferred to New Hampshire for supervision shall be held accountable and be supervised and controlled under the same rules, policies, and procedures as apply to New Hampshire probationers and parolees. Source. 1986, 156:1, eff. May 28, 1986.

RSA 504-A:3 Termination of Probation or Parole.

504-A:3. Termination of Probation or Parole. The authority that placed a person on probation or parole may terminate the probation or parole at any time. Source. 1986, 156:1, eff. May 28, 1986.

RSA 504-A:4 Violation of the Terms of Probation or Parole.

504-A:4. Violation of the Terms of Probation or Parole. I. Any probationer or parolee may be arrested without warrant at any time by any probation or parole officer, or any other officer authorized to arrest upon request of a probation or parole officer, when the probation or parole officer has reason to believe that the probationer or parolee has committed a new criminal offense or is conducting himself in such a way as to be a menace to public safety, or there is probable cause to believe that the probationer or parolee will abscond or commit new criminal offenses if not arrested. II. When a parolee violates the conditions of his parole but does not meet the criteria for immediate arrest, a probation or parole officer with knowledge of the circumstances of the parole violation shall report the facts surrounding the violation to any member of the parole board who may issue a warrant for the arrest of the parolee. III. A probation or parole officer may require any probationer, whose sentence includes a provision for jail sanctions pursuant to RSA 651:2, V(i), to serve a county house of corrections sanction one to 7 days, provided that the probationer is advised of and waives his or her right to counsel and to a preliminary hearing under RSA 504-A:5 and violation of probation hearing. If the probation officer intends to impose this sanction, the officer shall advise the offender of the violations alleged, the date or dates of the violation, and the number of days the offender shall serve. If the offender objects to the imposition of the jail sanction, a violation of probation hearing shall be held. This short jail stay may not be issued for any violation of probation which could warrant an additional, separate felony charge. In the event that a probationer commits a fifth violation of probation after having been incarcerated under this section on 4 separate occasions during the term of probation, the probation/parole officer shall file a violation of probation with the court. Source. 1986, 156:1, eff. May 28, 1986. 2010, 247:3, eff. July 1, 2010. 2013, 156:9, eff. July 1, 2013.

RSA 504-A:5 Detention of Violators.

504-A:5. Detention of Violators. Any probationer or parolee who is arrested under the authority of RSA 504-A:4 or RSA 651-A:25 shall be detained at the county jail closest to the location where he or she was arrested or any other suitable confinement facility in reasonable proximity to the location where he or she was arrested. Such probationer or parolee shall be detained there pending a preliminary hearing which shall be held within 72 hours from the time of arrest, excluding Saturdays, Sundays, and holidays, or, if supervised pursuant to RSA 651-A:25, shall be detained pending a hearing, including a final revocation hearing, or transfer to the sending state. No county correctional superintendent shall refuse to accept a probationer or parolee committed to his or her facility for detention by or under the authority of a probation or parole officer. Source. 1986, 156:1. 1993, 112:1. 2003, 237:5, eff. Jan. 1, 2004.

RSA 504-A:6 Preliminary Hearing.

504-A:6. Preliminary Hearing. The facts and circumstances surrounding the arrest and detention of any probationer or parolee shall be expeditiously reviewed at a preliminary hearing meeting the due process requirements of federal law. Source. 1986, 156:1, eff. May 28, 1986.

RSA 504-A:7 Transfer of Supervision.

504-A:7. Transfer of Supervision. The department of corrections may transfer supervision of a probationer or parolee from one probation or parole officer to another at any time. Source. 1986, 156:1, eff. May 28, 1986.

RSA 504-A:8 Appointment of State Officers.

504-A:8. Appointment of State Officers. State probation and parole officers shall be appointed by the commissioner under the rules of the division of personnel, consistent with the funding provided for full and part-time probation and parole officers. Source. 1986, 156:1, eff. May 28, 1986.

RSA 504-A:9 Supervision by the Commissioner.

504-A:9. Supervision by the Commissioner. The commissioner shall exercise technical supervision over probation and parole officers in the state. Source. 1986, 156:1, eff. May 28, 1986.

RSA 504-A:11 Adult Probation Officers; Assignment and Removal.

504-A:11. Adult Probation Officers; Assignment and Removal. Probation and parole officers fully funded by the state shall be assigned or reassigned to geographical regions within the state in consonance with the duties to be accomplished. They may be assigned any duties determined appropriate by the commissioner. The commissioner shall assign probation and parole officers to each judicial district, as defined in RSA 502-A, consistent with the workload formula established by administrative rule pursuant to RSA 541-A and available funding. Source. 1986, 156:1. 1987, 402:1, eff. Jan. 1, 1988.

RSA 504-A:12 Powers and Duties of Probation or Parole Officers.

504-A:12. Powers and Duties of Probation or Parole Officers. The powers and duties of probation or parole officers shall be: I. To serve as officers of the court and to investigate at the request of any court, the parole board, or the commissioner any case, matter, or question, whether pending or not, and to report the results of such investigation with recommendations to the authority which ordered the investigation. II. To take charge of and to provide supervision to persons placed on probation, parole, or lifetime supervision, attempting to assist them in establishing law-abiding lives while monitoring their behavior through office, home, work, and other contacts to insure that they comply with their probation, parole, or lifetime supervision conditions. III. To report promptly to the appropriate court or the parole board violations of probation or parole conditions which are required by statute, the parole board, or the court or which, in the opinion of the officer, are serious enough to warrant consideration by the authority authorizing probation or parole. Such reports shall include recommendations as to any actions which the officer believes to be appropriate. IV. To arrest expeditiously or cause to be arrested any probationer or parolee against whom any arrest warrant or capias has been issued by any authority. V. To arrest expeditiously or cause to be arrested any probationer or parolee in accordance with RSA 504-A:4-6. VI. To collect or to supervise the collection of any fees, fines, or restitution payments ordered and to administratively process these funds under rules adopted under RSA 541-A by the commissioner. VII. To enforce the criminal laws, including the power of arrest; provided that this authority shall be limited to times when such officers: (a) Are transporting a probationer or parolee. (b) Are attempting to apprehend or arrest a probationer or parolee under any of the powers granted under this chapter. (c) Are exercising authority over non-probationers or non-parolees pursuant to RSA 627. VIII. To carry firearms, subject to written procedures adopted by the commissioner. Source. 1986, 156:1. 1996, 13:8. 1997, 220:1. 1998, 240:4, eff. Jan. 1, 1999 at 12:01 a.m.

RSA 504-A:12-a Qualification and Certification of Probation-Parole Officers.

504-A:12-a. Qualification and Certification of Probation-Parole Officers. Every probation-parole officer shall meet the educational and training standards for employment as a probation-parole officer as established by the police standards and training council under RSA 106-L:6, and shall be certified by the council as being qualified to be a probation-parole officer. The educational standards for training as a probation-parole officer shall include instruction concerning the rights lost and rights retained pursuant to RSA 607-A by an individual convicted of a felony. Source. 1996, 13:9, eff. July 1, 1996. 2017, 206:20, eff. Sept. 8, 2017. 2019, 170:1, eff. Sept. 8, 2019.

RSA 504-A:13 Supervision and Service Charges.

504-A:13. Supervision and Service Charges. I. The court shall establish a supervision fee for probationers, and the parole board shall establish a supervision fee for parolees. The fee shall not be less than $40 a month, unless waived in whole or in part by the court, board or commissioner, and may be any greater amount as established by the court or board. This fee shall be considered a condition of release, and failure to satisfy this obligation shall be grounds for a violation hearing, unless the probationer or parolee has been found to be indigent and, for that reason, unable to pay the fee. Service charges for collection of fines and fees, other than supervision fees, shall be established at 10 percent of the funds collected. II. Monthly supervision fees collected under this section shall be deposited as follows: (a) $5 to the state general fund to defray expenses of providing training to employees of the department of corrections. (b) The balance to be credited to the general fund. III. The court, for probationers, and the parole board, for parolees and those under the jurisdiction of the court, may assess fees for services as provided by the department of corrections, division of field services, not otherwise provided for by this chapter. IV. (a) Any person under state probation or parole supervision who requests a transfer of supervision to another state shall submit such request on a form to be developed by the commissioner of the department of corrections along with an application fee not to exceed $100. The commissioner may waive the fee as deemed appropriate under the circumstances. All fees collected under this subparagraph shall be deposited into the probation and parole receipts fund established in subparagraph (b). (b) There is hereby established a probation and parole receipts fund in the department of corrections which shall be administered by the commissioner of the department of corrections. The fund shall be nonlapsing and continually appropriated to the department of corrections to offset the cost of annual dues and any extradition costs incurred by the department pursuant to the interstate compact for adult offender supervision under RSA 651-A:25 through RSA 651-A:38. Source. 1986, 156:1. 1993, 331:9. 1995, 189:1, 2; 237:1. 1996, 286:4. 2009, 221:1, eff. Sept. 13, 2009. 2016, 319:10, eff. July 1, 2016.

RSA 504-A:14 Computerized Identification of Probationers and Parolees.

504-A:14. Computerized Identification of Probationers and Parolees. The computerized motor vehicle files under the control of the commissioner of safety relative to probationers and parolees who have been convicted of felonies or misdemeanors shall reflect their status so that inquiring law enforcement officers shall be advised of the probation or parole status of such persons when detained or inquired about through motor vehicle records. Both the department of safety and the department of corrections and their employees and agents shall not be held liable for errors of omission or commission in maintenance of this data file unless the error is shown to be malicious. Source. 1986, 156:1, eff. May 28, 1986.

RSA 504-A:15 Risk Assessment and Length of Supervision.

504-A:15. Risk Assessment and Length of Supervision. I. Every person placed on probation or parole shall be assessed by the department of corrections, using a valid and objective risk assessment tool, to determine that person's risk of recidivating. Based on that assessment, the person shall be designated as low, medium, or high risk. II. Any person placed on probation for a misdemeanor shall be subject to active supervision for up to the first 9 months and thereafter be placed on administrative supervision unless the probationer has been designated high risk or has been adjudicated by the court for a violation of the conditions of probation during the first 9 months under supervision. III. Any person placed on probation for a felony shall be subject to active supervision for up to the first 12 months and thereafter be placed on administrative supervision unless the probationer has been designated high risk, has been adjudicated by the court for a violation of the conditions of probation during the first 12 months under supervision, or was placed on probation for a felony listed as a tier II or tier III offense in RSA 651-B:1, IX and X, respectively. IV. Any person placed on parole for a felony shall be subject to active supervision for up to the first 18 months and thereafter be placed on administrative supervision unless the parolee has been designated high risk, has violated the conditions of parole during the first 18 months under supervision, or was placed on parole for a felony listed as a tier II or tier III offense in RSA 651-B:1, IX and X, respectively. Source. 2010, 247:4, eff. July 1, 2010. 2011, 244:5, eff. July 13, 2011.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-LI-504-A.htmFetched: 10/20/2026