651-A:19 Effect of Recommittal. –
I. A prisoner who is recommitted shall serve 90 days in prison and shall meet the criteria for parole before being placed back on parole or the remainder of his or her maximum sentence, whichever is shorter, or may be subject to an extended term of recommittal pursuant to paragraphs III and IV. The time between the return of the parolee to prison after arrest and revocation of parole shall be considered as time served as a portion of the maximum sentence. The 90-day recommittal period may be calculated from the date of the arrest or from the date of the hearing, as ordered by the parole board.
II. Prisoners who are recommitted shall be provided access to focused, evidence-based programming aimed at reengaging parolees in their parole plan.
III. The parole board may impose an extended term of recommittal for greater than 90 days if:
(a) The prisoner has previously been found true for a parole violation on his or her current sentence or another sentence for which he or she was concurrently serving a term of parole; or
(b) The prisoner was on parole for a sexual offense as defined in RSA 651-B:1, V or an offense against a child as defined in RSA 651-B:1, VII; or
(c) The prisoner was on parole for a violent crime as defined in RSA 651:5, XIII or RSA 651-A:2, VI; or
(d) The nature of the conduct underlying the parole violation constitutes a criminal act or is otherwise so serious as to warrant an extended period of recommittal; or
(e) The conduct underlying the parole violation is related to his or her offense or offending pattern.
IV. (a) A prisoner shall be brought before the parole board at any time during the 90-day term of recommittal to determine whether a longer term is warranted if the prisoner received one or more major disciplinary violations during the 90-day recommittal period.
(b) The prisoner shall be provided notice of the hearing and the basis of the parole board's consideration of an extended term.
V. The imposition of an extended term of recommittal pursuant to paragraph III or IV shall be supported by written findings and a written order.
VI. Any prisoner who is subject to an extended term of recommittal shall, upon request, be entitled to a hearing before the parole board after serving 6 months of his or her term of recommittal and every 6 months thereafter.
VII. At the revocation hearing, the parole board may impose a term of recommittal for less than 90 days if:
(a) The prisoner has not been previously found true for a parole violation on his or her current sentence or another sentence for which he or she was concurrently serving a term of parole;
(b) The prisoner was not on parole for a sexual offense as defined in RSA 651-B:1, V or an offense against a child as defined in RSA 651-B:1, VII;
(c) The prisoner was not on parole for a violent crime as defined in RSA 651:5, XIII or RSA 651-A:2, VI;
(d) The parole violation is not substantially related to his or her offense or offending pattern; and
(e) The parole board determines that a lesser period of recommittal will aid in the rehabilitation of the parolee.
VIII. Notwithstanding paragraph I or subparagraphs VII(a) or (d), the parole board may impose a term of recommittal of less than 90 days for a prisoner who enters and successfully completes a residential substance abuse treatment program deemed acceptable by the board.