ADULT
PAROLE BOARD
CHAPTER
Par 100 ORGANIZATIONAL
RULES
Statutory
Authority: RSA 651-A:4,
III
PART Par 101 PURPOSE
REVISION NOTE:
Document
#5685, eff 8-16-93, made changes to the wording and numbering of rules in Part
Par 101. For example, a new definition
"Parolee" was added under Document #5685, and the definition of
"criminal companion" was amended. Document #5685 supersedes all prior
filings for the sections in this part.
The prior filings for former Par 101 include the following documents:
#4006,
eff 2-28-86; EXPIRED 2-28-92
#5577
Emergency, eff 2-11-93; EXPIRED 6-11-93
Par 101.01 Purpose. The purpose of these rules is to facilitate
the parole process and assist the board in making decisions which reflect the
needs of the parolee and the concerns of society. These rules also set forth procedures for
petitioning the board, conducting public comment hearings for rulemaking, and
for conducting parole and parole revocation hearings.
Source. (See Revision Note at part heading for Par
101) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99;
ss by #7148, eff 12-7-99; ss by #12157, eff
4-7-17
PART Par 102 DEFINITIONS
REVISION NOTE:
Document
#5685, eff 8-16-93, made changes to the wording and numbering of rules in Part
Par 102. Document #5685 supersedes all
prior filings for the sections in this part.
The prior filings for former Par 102 include the following documents:
#4006,
eff 2-28-86; EXPIRED 2-28-92
#5577
Emergency, eff 2-11-93; EXPIRED 6-11-93
Par 102.01 "Board"
means the adult parole board.
Source. (See Revision Note at part heading for Par
102) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99;
ss and moved by #7148, eff 12-7-99
(from Par 101.01); ss by #12157, eff 4-7-17
Par
102.02 "Criminal
companion" means any person with whom a parolee is associating, who has
been convicted of a felony crime in the state of New Hampshire or any crime in
any other jurisdiction which would have been a felony if it had been committed
in New Hampshire.
Source. (See Revision Note at part heading for Par
102) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99;
ss and moved by #7148, eff 12-7-99 (formerly Par 101.02); ss
by #12157, eff 4-7-17 (from Par
101.06)
Par
102.03 "Executive assistant"
means the executive assistant of the adult parole board appointed pursuant to
RSA 651-A:5.
Source. (See Revision Note at part heading for Par
102) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99;
ss and moved by #7148, eff 12-7-99
(formerly Par 101.03); ss by #12157, eff 4-7-17 (from Par 102.02)
Par 102.04 "Inmate"
means any adult committed by law to the custody of the
commissioner.
Source. (See Revision Note at part heading for Par
102) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99;
ss and moved by #7148, eff 12-7-99
(formerly Par 101.04); ss by #12157, eff 4-7-17 (from Par 102.03)
Par 102.05 "Parolee"
means any inmate sentenced to the New Hampshire state prison system who is
released from the prison system by the adult parole board.
Source. (See Revision Note at part heading for Par
102) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99;
ss and moved by #7148, eff 12-7-99
(formerly Par 101.05); ss by #12157, eff 4-7-17 (from Par 102.04)
Par 102.06 “Prison” means a correctional facility operated
by the New Hampshire department of corrections.
Source. #7148,
eff 12-7-99 (formerly Par 101.06); ss by #12157, eff 4-7-17 (from Par 102.05)
PART Par 103 DESCRIPTION OF ADULT PAROLE BOARD
Par 103.01 Jurisdiction.
(a) Pursuant to RSA 651-A:4,
I, the board has the sole authority to grant parole to a New Hampshire state
prison inmate.
(b) Pursuant to RSA 651-A:4,
II, the board has legal custody of all persons released on parole until they
receive their discharge or are recommitted to the prison.
(c) Pursuant to RSA 651-A:18,
the board has the sole authority to revoke the parole privilege of any person in
its custody and recommit that person to the prison.
Source. #4006, eff 2-28-86; EXPIRED 2-28-92
New. #5577, Emergency, eff 2-11-93; EXPIRED
6-11-93
New. #5685, eff 8-16-93; ss by #7070, INTERIM, eff
8-12-99, EXPIRES: 12-10-99; ss and moved by #7148,
eff 12-7-99 (from Par 102.01); ss by #12157, eff 4-7-17
Par 103.02 Rulemaking
Authority. The board is required by
RSA 651-A:4, III to adopt rules relative to the parole
process, including:
(1) The conduct of parole hearings;
(2) Criteria used to evaluate prospective
parolees;
(3) Conditions
for the conduct of parolees; and
(4) Procedures for revocation of parole and
procedures for medical parole.
Source. #4006, eff 2-28-86; EXPIRED 2-28-92
New. #5577, Emergency, eff 2-11-93; EXPIRED 6-11-93
New. #5685, eff 8-16-93; ss by #7070, INTERIM, eff
8-12-99, EXPIRES: 12-10-99; ss and moved by #7148,
eff 12-7-99 (from Par 102.02); ss by #12157, eff 4-7-17
Par 103.03
Parole Board Hearing Functions.
During parole hearings the board determines the probability that each
eligible prisoner can remain at liberty without violating the law and make a
successful transition from the prison to the community.
Source. #4006, eff 2-28-86; EXPIRED 2-28-92
New. #5577, Emergency, eff 2-11-93; EXPIRED 6-11-93
New. #5685, eff 8-16-93; ss by #7070, INTERIM, eff
8-12-99, EXPIRES: 12-10-99; ss and moved by #7148, eff 12-7-99 (from Par 102.04); ss
by #12157, eff 4-7-17
PART Par 104 RECORDS OF THE ADULT PAROLE BOARD
Par 104.01 Existence
of Parole Records. Complete records
shall be kept on all parolees subject to the board’s supervision. A verbatim recording shall be made of all
hearings. Those recordings shall be
retained by the executive assistant for one year following the issuance of the
board’s decision, and after such period they shall be destroyed. All requests for information concerning the
board’s procedures or proceedings, and all submissions or other requests, shall be directed to the:
Executive Assistant
Adult Parole Board
PO Box 14
Concord, NH 03302-0014
(603) 271-2569
Source. #7148, eff 12-7-99 (from Par 103.01);
ss by #12157,
eff 4-7-17
Par 104.02 Confidentiality. In order to protect parolees from injurious
publicity parole records shall be kept confidential. Those records shall be exempt from the
provisions of the New Hampshire Right-to-Know Law by RSA 91-A:5,
II.
Source. #7148, eff 12-7-99 (from Par 103.02);
ss by #12157,
eff 4-7-17
Par 104.03 Exceptions. The following information shall be provided
in individual cases, upon specific written request by any person:
(a) The dates of sentence and commitment, parole
eligibility date, mandatory release date, or termination of sentence; and
(b) Whether an inmate is being considered for
parole, has been paroled or not, and, if the inmate has been paroled, the
effective date set by the board.
Source. #7148, eff 12-7-99 (from Par 103.03); ss by #12157, eff 4-7-17
Par 104.04 Board
Member Votes. Unless ordered by a
court of competent jurisdiction, there shall be no disclosure, under any
circumstances, of the vote cast by an individual member of the board with
respect to any particular parole or revocation decision.
Source. #7148, eff 12-7-99 (formerly Par 103.05);
ss
by #12157, eff 4-7-17
Par 104.05 Information
Requests. All requests for
information concerning the board’s procedures or proceedings, and all
submissions or other requests, shall be directed to:
Executive Assistant
Adult Parole Board
PO Box 14
Concord, NH 03302-0014
(603) 271-2569
Source. #7148, eff 12-7-99 (from Par 102.05); ss by #12157, eff 4-7-17
CHAPTER Par 200 PRACTICE AND
PROCEDURE
PART Par 201 PUBLIC COMMENT HEARINGS FOR
RULEMAKING
Par 201.01 Purpose. The purpose of this part is to provide a
uniform procedure for the conduct of public hearings at which comment from the
general public will be solicited for evaluation and consideration by a quorum
of the board relative to the adoption, amendment, or repeal of a board rule
under RSA 541-A.
Source. #4006, eff 2-28-86; EXPIRED 2-28-92
New. #5577, Emergency, eff 2-11-93; EXPIRED
6-11-93
New. #5685, eff 8-16-93; ss by #7070, INTERIM, eff
8-12-99, EXPIRES: 12-10-99; ss by #7149, eff 12-7-99,
EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss
by #12157, eff 4-7-17
Par 201.02 Scope.
(a) These rules shall apply to all hearings
required by state law to be conducted by the board at which public comment
shall be solicited under RSA 541-A:11.
(b) If any requirement set forth by these rules
conflicts with an applicable statute, such other authority shall control.
Source. #4006, eff 2-28-86 EXPIRED; 2-28-92
New. #5577, Emergency, eff 2-11-93; EXPIRED
6-11-93
New. #5685, eff 8-16-93; ss by #7070, INTERIM, eff
8-12-99, EXPIRES: 12-10-99; ss by #7149, eff 12-7-99,
EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss
by #12157, eff 4-7-17
Par 201.03 Notice.
(a) A public comment hearing concerning
rulemaking shall be commenced by placing notice of the hearing in the
“Rulemaking Register” so that it shall appear at least 20 days prior to the
hearing date.
(b) Notice of rulemaking public comment hearings
shall comply with RSA 541-A:6.
(c) Nothing in these rules shall prohibit the
board from giving greater notice than the minimum set out in this part.
Source. #4006, eff 2-28-86 EXPIRED; 2-28-92
New. #5577, Emergency, eff 2-11-93; EXPIRED
6-11-93
New. #5685, eff 8-16-93; ss by #7070, INTERIM, eff
8-12-99, EXPIRES: 12-10-99; ss by #7149, eff 12-7-99,
EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss
by #12157, eff 4-7-17
Par 201.04 Moderator.
(a) The hearing shall be presided over by the
moderator, who shall be the board chair or a designee.
(b) The moderator shall:
(1) Call the hearing to order;
(2) Cause a recording of the
hearing to be made;
(3) When a group or organization
wishes to comment, limit the group to no more than 3 persons, provided that the
members who are present may enter their names and addresses into the record as
supporting the position by the group or organization;
(4) Recognize
those who wish to be heard, and establish the order thereof;
(5) Limit the time for each
speaker;
(6) Recognize a speaker;
(7) Revoke recognition of a
speaker who speaks or acts in an abusive or disruptive manner;
(8) Revoke recognition of a
speaker who refuses to keep comments relevant to the issues which are the
subject of the hearing;
(9) Remove or have removed any
person who disrupts the hearing;
(10) Adjourn the hearing; and
(11) Provide opportunity for the
submission of written comments consistent with the notice published in the
Rulemaking Register.
Source. #7149, eff 12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss
by #12157, eff 4-7-17
Par 201.05 Public
Participation.
(a) Any person who wishes to speak on the issues
which are the subject of the hearing shall list both name and address on a
speaker’s list. All whose names appear
on the speaker’s list may speak at the hearing.
(b) Written comments may be submitted any time
from the time notice has been published until the record has been closed by the
moderator, which shall be consistent with the notice published in the
Rulemaking Register.
Source. #7149, eff 12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss
by #12157, eff 4-7-17
PART Par 202 RULES FOR PETITIONING THE BOARD
REVISION NOTE:
Document
#5685, effective 8-16-93, made changes to the wording and numbering of rules in
Part Par 202. For example, a new
section, Par 202.02 Waiver, was added under Document #5685, eff 8-16-93.
Document #5685 supersedes all prior filings for the sections in this part. The prior filings for former Part 202 include
the following documents:
#4006,
eff 2-28-86 EXPIRED 2-28-92
#5577
Emergency, eff 2-11-93 EXPIRED 6-11-93
Par 202.01 Rulemaking Petitions.
(a) Any interested person may petition the board,
for the adoption, amendment, or repeal of any board rule under RSA 541-A:4.
(b) Within 30 days of the receipt of the
completed petition required by Par 202.03, the board shall either:
(1) Initiate rulemaking
procedures in compliance with the petition and in accordance with RSA 541-A:3; or
(2) Deny the petition in writing,
stating the reasons for the denial.
(c) The board shall initiate a requested
procedure or deny a petition, based on whether:
(1) The requested change is
consistent with the duties of the board as contained in RSA 651-A; and
(2) The requested change improves
the efficiency of board procedures.
Source. (See Revision Note at part heading for Par
202) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99;
ss by #7149, eff 12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss
by #12157, eff 4-7-17
Par 202.02 Petition
for Declaratory Ruling.
(a) Any interested person may petition the board
using the format specified in Par 202.03, requesting a declaratory ruling on
the applicability of any statute concerning the board or rule adopted by the
board.
(b) Within 45 days of the receipt of the
completed petition required by Par 202.03, the board shall either:
(1) Issue a ruling responsive to
the petition; or
(2) If a legal opinion is
required, the board shall request
the opinion of the department of justice and issue a responsive declaratory
ruling within 20 working days of the receipt of the opinion, explaining the
reply to the petitioner.
Source. (See Revision Note at part heading for Par
202) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99;
ss by #7149, eff 12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss
by #12157, eff 4-7-17
Par 202.03 Petition
Format.
(a) The board shall consider any petition which
meets the following minimum requirements:
(1) Each petition shall be in
legible written format and addressed to the board as follows:
Executive Assistant
NH Adult Parole Board
PO Box 14
Concord, NH 03302-0014
(2) Petitions for proposed
rulemaking shall state the nature of each proposed rule, state the petitioner’s
reasons for proposing the rule, and include a text of the proposed rule;
(3) Petitions for the amendment
or repeal of a rule shall identify specifically which rule or rules are to be
amended or repealed and state the petitioner’s reasons for proposing the rule
change;
(4) Petitions for a declaratory
ruling shall identify all material facts and specify the status, rule or order
on which a declaratory ruling is sought;
(5) Each petition shall include
the name and address of the petitioner and, if applicable, the name and address
of the organization the petitioner represents; and
(6) Each petition shall include
the date of the petition and be signed by the petitioner.
(b) Notification pursuant to paragraph (a) above
shall;
(1) Be in writing;
(2) Identify the specific
deficiencies; and
(3) Contain an explanation of how
the petition can be corrected and allow the petitioner to amend the petition in
accordance with the items of the modification.
(c) A completed petition which meets the minimum
requirements of these rules shall be placed on the next available board agenda.
Source. (See Revision Note at part heading for Par
202) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99;
ss by #7149, eff 12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss
by #12157, eff 4-7-17
PART Par 203
PAROLE HEARINGS
Par 203.01
Purpose and Scope. This part provides a uniform procedure for
the conduct of parole hearings. It
shall be followed by all participants in parole hearings.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss
by #12157, eff 4-7-17
Par 203.02 Scheduling. All inmates shall receive a parole hearing
within the 60-day period prior to their minimum parole date. If parole is denied at the initial hearing,
the board shall advise the inmate, in writing via a copy of the minutes of the
hearing, what the inmate shall be required to do to be granted another hearing.
Source. #7149, eff 12-7-99,
EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss
by #12157, eff 4-7-17
Par 203.03 Waiver. Any inmate may, by written request, waive or
continue a scheduled hearing.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss
by #12157, eff 4-7-17
Par
203.04 Notice
of Hearings. Notice of any scheduled parole shall be
issued by the executive assistant according to the provisions of RSA 651-A:11. The executive
assistant shall also provide written notice to each inmate scheduled for a
hearing.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss
by #12157, eff 4-7-17 (from Par
203.05)
Par
203.05 Commencement
of the Parole Hearing. The presiding
officer shall commence the hearing by questioning the inmate regarding
information in the inmate’s prison record.
The inmate shall then have the opportunity to respond to these
questions, and to make a statement to the board.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17 (from Par 203.06)
Par 203.06 Witnesses.
(a) The inmate may have family members, friends,
professional persons, employers, or other witnesses present to discuss the case
with the board, provided their names and relationship to the inmate are filed
with the executive assistant. The board
shall order removed from the hearing room any witness whose conduct disrupts
the parole hearing.
(b) Pursuant to RSA 651-A:11, the board shall
invite or permit the attendance of any other witnesses, including but not
limited to, the county attorney or designee, and chief of police from the
jurisdiction in which the offense was committed.
(c) The victim or victim’s next of kin if the
victim is dead, may speak at a parole hearing, either personally or through
counsel, pursuant to RSA 651-A:11-a.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17 (from Par 203.07)
Par 203.07 Conclusion of the Hearing. After the board members, inmate, and
witnesses have concluded their questions and/or comments, board members shall
make a decision to grant or deny parole according to the criteria in Par 301.02
and Par 301.03.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17 (from Par 203.08)
Par 203.08 Reconsideration Hearings. The board shall hold a reconsideration
hearing for any inmate previously approved for parole who receives a
disciplinary write-up prior to release. At
the reconsideration hearing the board shall determine the effect of the
disciplinary upon the inmate’s release date.
The standard setback shall be 60 days for a minor disciplinary and 90
days for a major disciplinary.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17 (formerly Par 203.09)
PART Par 204 REVOCATION HEARINGS
Par 204.01 Presiding Officer,
Appointment, Authority.
(a)
All revocation hearings shall be conducted by a member of the board
appointed by the chairman to serve as presiding officer.
(b)
The presiding officer shall as necessary:
(1) Regulate and control the course of a hearing;
(2) Facilitate an informal resolution of an appeal;
(3) Administer oaths
and affirmations;
(4) Sign the documents required when the board
issues subpoenas to compel the attendance of witnesses at hearings or the
production of documents, if so authorized by law;
(5) Receive relevant
evidence and exclude irrelevant, immaterial, or unduly repetitious evidence;
(6) Rule on procedural
requests, including adjournments or postponements, at the request of a party or
on the presiding officer’s own motion;
(7) Question any person who testifies, in order
to have a complete record;
(8) Cause a complete recording of any hearing to
be made, as specified in RSA 541-A-31, VI; and
(9) Take any other action consistent with
applicable statutes and rules necessary to conduct the hearing and complete the
record in a fair and timely manner.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
Par 204.02 Withdrawal of Presiding
Officer or Agency Decision-maker.
(a) Upon individual initiative or upon the motion
or request of any party, a presiding officer or agency decision-maker shall,
for good cause withdraw from any hearing.
(b) Good cause shall exist if a presiding officer
or agency decision-maker has a direct interest in the outcome of the hearing or
any connection with or knowledge of the parties that would be likely to
improperly influence his or her judgment.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
PART Par 205
FILING, FORMAT, AND SERVICE OF DOCUMENTS
Par 205.01 Date
of Issuance or Filing.
(a) All decisions, orders, notices, or other
written correspondence or documents issued by or at the direction of the board
shall be rebuttably presumed to have been issued on
the date noted on the document.
(b) All written documents governed by these rules
shall be deemed to have been filed with or received by the board on the actual
date of receipt by the board, as evidenced by a date stamp placed on the
document by the board in the normal course of business.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
Par 205.02 Format of Documents.
(a)
All correspondence, pleadings, motions or other documents filed under
these rules shall:
(1) Include the title and docket number of the
proceeding, if known;
(2) By typewritten or clearly printed on durable
paper 8 ½ by 11 inches in size;
(3) Be signed by the party or proponent of the
document, or, if the party appears by a representative, by the representative;
and
(4) Include a statement certifying that a copy of
the document has been delivered to all parties to the proceeding in compliance
with Par 205.
(b) The signature on a document filed with the
agency shall constitute certification that:
(1) The signer has read the document;
(2) The signer is authorized to file it;
(3) To the best of the signer’s knowledge,
information, and belief there are good and sufficient grounds to support it;
and
(4) The document has not been filed for purposes
of delay.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
Par 205.03 Motions;
Objections.
(a) Motions shall be in written form and filed
with the presiding officer, unless made in response to a matter asserted for
the first time at the hearing or on the basis of information which was not
received in time to prepare a written motion.
(b) Oral motions and any oral objection to such
motions shall be recorded in full in the record of the hearing. If the presiding officer finds that the
motion requires additional information in order to be fully and fairly
considered, the presiding officer shall direct the moving party to submit the
motion in writing, with supporting information, before any deadline established
by the presiding officer.
(c) Objections to written motions shall be filed
within 10 days of the date of the motion, unless a different time period is
prescribed by the presiding officer for a particular motion.
(d) Failure of an opposing party to object to a
motion shall not in and of itself constitute grounds for granting the motion.
(e) The presiding officer shall rule upon a
motion after full consideration of all objections and other factors relevant to
the motion.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
Par 205.04 Delivery of Documents.
(a) Copies of all petitions, motions, exhibits,
memoranda, or other documents filed by a party to a proceeding governed by
these rules shall be delivered by that party to all other parties to the
proceeding.
(b) All notices, orders, decisions or other
documents issued by the presiding officer pursuant to this chapter, shall be
delivered by the presiding officer to all parties to the proceeding.
(c) Delivery of all documents relating to a
proceeding shall be made by personal delivery, by electronic means or by
depositing a copy of the document by first class mail, postage prepaid, in the
United States mail, addressed to the party at the last address given to the
agency by the party.
(d) Notwithstanding paragraphs (a) through (c),
when a party appears by a representative, service shall be upon the
representative at the address stated on the appearance filed by the
representative.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
PART Par 206 TIME PERIODS
Par 206.01 Computation
of Time.
(a) Unless otherwise specified, all time periods
referenced in this chapter shall be calendar days.
(b) Computation of any period of time referred to
in these rules shall begin with the day after the action, which sets the time
period in motion, and shall include the last day of the period so computed.
(c) If the last day of the period so computed
falls on a Saturday, Sunday, or legal holiday, then the time period shall be
extended to include the first business day following the Saturday, Sunday, or
legal holiday.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
PART Par 207
HEARING REQUESTS, NOTICES, PRE-HEARING CONFERENCES
Par 207.01 Commencement of Hearing. A hearing shall be commenced by an order of
the agency giving notice to the parties of the date of any scheduled prehearing
conference or hearing.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
Par 207.02 Notice of Hearing.
(a) A notice of a hearing issued by the board
shall contain the information required by RSA 541-A:31,
III, namely:
(1) A statement of the time, place, and nature of
the hearing;
(2) A statement of the legal authority under
which the hearing is to be held;
(3) A reference to the particular sections of the
statutes and rules involved;
(4) A short and plain statement of the issues
involved; and
(5) A statement that the parolee has the right to
have an attorney present, either at the parolee’s expense or, if the parolee is
indigent, at expense of the state.
(b) Upon request the board shall, when possible,
furnish a more detailed statement of the issues within a reasonable time.
(c) A notice of hearing shall be hand-delivered
or sent through prison messenger mail to each inmate involved. Parole board staff shall notify parole
officers by telephone or electronic communication.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
Par 207.03 Appearance and
Representation. If the parolee is
represented by counsel, the counsel shall file an appearance that
includes the following information:
(a) A brief identification of the matter;
(b) A statement as to whether the attorney is
licensed to practice in New Hampshire; and
(c) The attorney’s daytime address and telephone
number.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
PART Par 208
POSTPONEMENT REQUESTS AND FAILURE TO APPEAR
Par 208.01 Postponements.
(a) Any party to a hearing may make an oral or
written request that the hearing be postponed to a later date or time.
(b) If a postponement is requested by a party to
the hearing it shall be granted if the presiding officer determines that good
cause has been demonstrated. Good cause
shall include but not be limited to the justifiable unavailability of parties,
witnesses or attorneys necessary to conduct the hearing. Unless agreed to by the parolee or his
attorney, the postponement shall not exceed the 45-day limit for a revocation
hearing specified in RSA 651-A:17.
(c) If the later date, time and place are known
at the time of the hearing that is being postponed, the date, time and place
shall be stated on the record. If the
later date, time and place are not known at the time of the hearing that is
being postponed, the presiding officer shall issue a written scheduling order
stating the date, time and place of the postponed hearing as soon as
practicable.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
Par 208.02 Failure to Appear. The board shall postpone the hearing if the
parolee, parole officer, or parolee’s attorney are unable to attend due to
circumstances beyond their control.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
PART Par 209
REQUESTS FOR INFORMATION OR DOCUMENTS
Par 209.01 Voluntary Production of
Information.
(a) Each party shall attempt in good faith to
make complete and timely responses to requests for the voluntary production of
information or documents relevant to the hearing.
(b) Where a dispute between parties arises with
respect to a request for the voluntary production of information or documents,
any party may file a motion to compel the production of the requested
information under Par 209.02.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
Par 209.02 Motions
to Compel Production of Information.
(a) Any party may make a motion in writing
requesting that the board order the parties to comply with information
requests, including informal witness reviews and requests for the exchange of
documents.
(b) The moving party’s motion shall:
(1) Set forth in detail those factors which it
believes justify its request for information; and
(2) List with specificity the information it is
seeking to discover.
(c) The motion shall be filed at least 10 days
before the date scheduled for the hearing, or as soon as possible after
receiving the notice of hearing if such notice is scheduled less than 10 days
in advance of the hearing.
(d) The presiding officer shall grant such
requests for discovery as are necessary for a full and fair presentation of the
evidence at the hearing.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
PART Par 210
RECORD, PROOF, EVIDENCE AND DECISIONS
Par 210.01 Record of the Hearing.
(a) A record of the hearing shall be kept by
compact disc recording electronically.
(b) If any person requests a copy of the record,
the board shall provide the person with a copy of the recording upon receipt of
a blank disc from the requesting person or through other electronic means.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
Par 210.02 Standard of Proof. The standard of proof at hearings shall be
proof by a preponderance of the evidence.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
Par 210.03 Burden of Proof. The probation/parole officer alleging the
violation shall bear the burden of proving the truth of the allegation by a
preponderance of the evidence.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
Par 210.04 Order of Proceeding,
Testimony.
(a) Any person offering testimony, evidence or
arguments shall state his/her name on the record. If the person is representing another person,
the person being represented shall also be identified by name.
(b) Testimony shall be offered in the following
order:
(1) The probation/parole officer and such
witnesses as the officer may call; and
(2) The parolee opposing the probation/parole officer, and such witnesses as the parolee or his attorney
may call.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
Par 210.05 Evidence.
(a) Receipt of evidence shall be governed by the
provisions of RSA 541-A:33.
(b) All documents, materials and objects offered
into evidence as exhibits shall be included in the record of the hearing unless
excluded by the presiding officer as irrelevant, immaterial, unduly
repetitious, or legally privileged according to law.
(c) All objections to the admissibility of
evidence shall be stated as early as possible in the hearing, but not later
than the time when the evidence is offered.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
Par 210.06 Proposed
Findings of Fact and Conclusions of Law.
(a) Any party may submit proposed findings of
fact and conclusions of law to the presiding officer prior to or at the
hearing.
(b) Upon request of any party, or if the
presiding officer determines that proposed findings of fact and conclusions of
law would serve to clarify the issues presented at the hearing, the presiding
officer shall specify a date after the hearing for the submission of proposed
findings of fact and conclusions of law.
(c) In any case where proposed findings of fact
and conclusions of law are submitted, the decision shall include rulings on the
proposals.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
Par 210.07 Closing
the Record.
(a) After the conclusion of the hearing, the
record shall be closed and no other evidence shall be received into the record.
(b) Before the conclusion of the hearing the
presiding officer shall require, or a party may request that the hearing be
continued to accommodate the filing of specified material evidence not
available at the hearing or the availability of a material witness. If the other parties to the hearing have no
objection or if the presiding officer determines that such evidence or witness
is necessary for a full consideration of the issues raised at the hearing, the
presiding officer shall terminate the hearing and direct a date for its
continuation.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
Par 210.08 Reopening the Record.
(a) At any time prior to the issuance of the
decision on the merits, the presiding officer, on the presiding officer’s own
motion or the motion of any party, shall reopen the record to receive relevant,
material and non-duplicative testimony, evidence, arguments or exhibits not
previously received.
(b) If the presiding officer determines that such
testimony, evidence, arguments or exhibits are necessary for a full
consideration of the issues which form the subject of the hearing, the record
shall be reopened to accept the offered items.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
Par 210.09 Decisions. In accordance with RSA 651-A:3 II, a panel of 3 board members, including the presiding
officer, shall make a decision after personally hearing the testimony in the
case.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17
PART Par 211 WAIVER OR
SUSPENSION OF RULES BY PRESIDING OFFICER
Par 211.01. Waiver of Suspension of
Rules. The presiding officer,
upon the motion of any party or intervener, or on his own initiative, shall
suspend or waive any requirement or limitation imposed by this chapter when the
suspension or waiver:
(a)
Appears to be lawful; and
(b) Is more likely to promote the just, accurate,
and efficient resolution of the pending dispute than would adherence to a
particular rule or procedures.
Source. #7149, eff
12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17 (from Par 212.01)
PART Par 212 EXPLANATION OF ADOPTED RULES
Par 212.01 Requests for Explanation of
Adopted Rules. Any interested person
may, within 30 days of the final adoption of a rule, request a written
explanation of that rule by making a written request to the board, including:
(a)
The name and address of the individual making the request; or
(b)
If the request is that of an organization or other entity, the name and
address of such organization or entity and the name and address of the
representative authorized by the organization or entity to make the request.
Source. #9254,
eff 9-6-08; ss by #12157, eff 4-7-17 (formerly Par 213.01)
Par 212.02 Contents of Explanation. The board shall, within 90 days of receiving
a request in accordance with Par 212.01, provide a written response which:
(a)
Concisely states the meaning of the rule adopted.
(b)
Concisely states the principal reasons for and against the adoption of
the rule in its final form; and
(c)
States, if the board did so, why the board overruled any arguments and
considerations presented against the rule.
Source. #12157,
eff 4-7-17 (formerly Par 213.02)
PART Par 301 CRITERIA
Par 301.01 Purpose. The purpose of this chapter is to describe
the criteria that shall be used by the hearing panel to grant or deny parole.
Source. #4006, eff 2-28-86; EXPIRED 2-28-92
New. #5577, Emergency, eff 2-11-93; EXPIRED
6-11-93
New. #5685, eff 8-16-93; ss by #7070, INTERIM, eff
8-12-99, EXPIRES: 12-10-99; ss by #7149, eff 12-7-99,
EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17
Par 301.02 Necessary
Condition. Parole shall be
considered a privilege, something to be earned rather than automatically given,
and any release prior to the maximum term shall be made only upon careful and
lawful consideration. An inmate shall
not be granted parole unless the board finds a reasonable probability that the
inmate will remain at liberty without violating any law and will conduct
himself as a good citizen, pursuant to criteria in Par 301.03.
Source. #4006, eff 2-28-86; EXPIRED 2-28-92
New. #5577, Emergency, eff 2-11-93; EXPIRED
6-11-93
New. #5685, eff 8-16-93; ss by #7070, INTERIM, eff
8-12-99, EXPIRES: 12-10-99; ss by #7149, eff 12-7-99,
EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17
Par 301.03 Evaluation
Criteria. In determining the reasonable
probability of success on parole, the board shall consider the following
criteria:
(a) The inmate's personality, maturity, sense of
responsibility, and any developments in personality which might promote or
hinder the conformity to the law;
(b) The appropriateness and adequacy of his
parole plan, as determined by the supervising officer during the investigation
requested by the board prior to release, including:
(1) The inmate's
employment plan, employment history, occupational skills, and past employment
stability;
(2) The type of
residence, neighborhood, and community in which the inmate intends to live and
work; and
(3) The
availability of mental health or other rehabilitative services ordered by the
board as conditions of parole;
(c) The inmate's history of use of illegal drugs,
and habitual and/or excessive use of alcohol;
(d) The inmate's criminal record, including the
nature and circumstances of criminal activity, and the recency
and frequency of previous offenses;
(e) The seriousness of the confining offense or
other committed offenses, including the degree of violence or lack of concern
for victims involved;
(f) The degree of remorse or empathy for victims
and the attitude of the inmate toward his prior criminal conduct;
(g) The inmate's history of conduct during
previous paroles, probation, or other community supervision;
(h)
The inmate's conduct within
the institution, including, but not limited to:
(1)
The disciplinary record during incarceration;
(2)
Evidence of self-improvement through the various institutional programs
and, specifically programs which addressed problems or issues that contributed
to the inmate’s prior criminal activity;
(i) Evaluations and
recommendations received by the board from the department of corrections,
courts, and relevant social service, mental health, and criminal justice
agencies; and
(j) The inmate's attitude and conduct during the
parole hearing.
Source. #7149, eff 12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17
PART Par 302 DENIAL OF PAROLE
Par 302.01 Reasons
for Denial. Using the criteria in
Par 301, the board shall deny parole if, in the judgment of a majority of the
hearing panel:
(a) There exists reasonable probability that the
individual will not conform to the conditions of parole and/or the laws of the
state of New Hampshire;
(b) Continued treatment, mental or psychological
care, or vocational or other training within the institution would
substantially improve the inmate's capacity to lead a law-abiding life upon
release at a future date;
(c) The existence of adverse public concern or
notoriety would seriously hinder the inmate's transition to the community;
(d) Existence or pendency of outstanding charges,
detainers, disciplinary or security issues, or deportation hearing proceedings;
and
(e) Lack of a parole plan that meets the criteria
in Par 301.03(b)(1)-(3).
Source. #4006, eff 2-28-86; EXPIRED 2-28-92
New. #5577, Emergency, eff 2-11-93; EXPIRED
6-11-93
New. #5685, eff 8-16-93; ss by #7070, INTERIM, eff
8-12-99, EXPIRES: 12-10-99; ss by #7149, eff 12-7-99,
EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17
PART
Par 303 MEDICAL
PAROLE
Par 303.01 Purpose. The purpose of this
chapter is to establish procedures for the consideration and granting of
medical parole, as established in RSA 651-A:10-a.
Source. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17
Par 303.02 Eligibility for Medical
Parole. The board shall consider for
medical parole any prisoner who meets the criteria set forth in RSA 651-A:10-a, I (a) ,
(b) and (c). A medical parole hearing
shall be convened once the board receives a formal request for such from the
commissioner of the department of corrections.
Source. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17
Par 303.03 Conduct of Medical Parole Hearings. The board shall ask the director of medical
and forensic services or designee to attend the hearing and answer questions
from board members.
Source. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17
Par 303.04 Granting of Medical Parole. Medical parole shall be granted if a majority
of the hearing panel determines that the inmate will not be a danger to the
public, and that there is a reasonable probability that the inmate will not
violate the law while on medical parole and will conduct himself or herself as
a good citizen.
Source. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17
Par 303.05 Periodic Review of Medical
Parole Eligibility. The board shall
request periodic medical reports regarding the condition of parolees released
under the provisions of this section. If
the director of forensic and medical services concludes that the parolee no
longer meets the criteria for medical parole, the medical parole shall be
revoked by the parole board and the offender returned to prison.
Source. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17
CHAPTER Par 400 CONDITIONS FOR
THE CONDUCT OF PAROLEES
PART Par 401 PAROLE CONDITIONS
Statutory Authority:
RSA 651-A:4, III
Par 401.01 Certificate. Whenever the board orders the release of any
inmate on parole, the executive assistant shall prepare, on or before the
effective date of release, a certificate setting forth the conditions of parole
imposed by the board. The parolee shall
accept and agree to all of the conditions and shall evidence his agreement by
signing his name to the certificate.
Source. #4006, eff 2-28-86; EXPIRED 2-28-92
New. #5577, Emergency, eff 2-11-93; EXPIRED
6-11-93
New. #5685, eff 8-16-93; ss by #7070, INTERIM, eff
8-12-99, EXPIRES: 12-10-99; ss by #7149, eff 12-7-99,
EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17
Par 401.02 General Conditions.
(a)
Conditions governing the conduct of a parolee shall be specifically
ordered to meet each parolee's needs.
(b)
The following conditions shall be imposed for all parolees:
(1) Reporting to the parole officer at such times
and places as the officer shall direct, complying with the parole officer's
instructions and responding truthfully to all inquiries from the parole
officer;
(2) Complying with all lawful orders of the court
and the board, and all instructions of the parole officer, including all court
orders for the payment of fines, restitution, attorney fees, and child support,
and the parole supervision fee mandated by RSA 504-A:13;
(3) Obtaining the parole officer's permission
before changing residence or employment or traveling out of state;
(4) Notifying the parole officer immediately of
any arrest, summons or questioning by a law enforcement officer;
(5) Diligently seeking and maintaining lawful
employment, notifying employer of parolee status, and supporting dependents to
the best of ability;
(6) Not receiving, possessing, controlling, or
transporting any real or simulated weapon, explosive, or firearm;
(7) Being of good conduct and obeying all laws;
(8) Submitting to breath, blood or urinalysis
testing for the presence of illegal or prohibited substances, or providing such
other sample for testing as shall be directed by the parole officer;
(9) Permitting the parole officer to visit
parolee's residence at any time for the purpose of examination and inspection
in the enforcement of the conditions of parole and submit to searches of his
person, property, and possessions as requested by the parole officer;
(10) Not associating with criminal companions or
such other individuals as shall be ordered by the court or parole board;
(11) Prohibited contacts shall include:
a. Victims;
b. Other parolees or probationers; and
c. Other persons known to the board or to
the parole officer as having criminal records;
(12) Not illegally using, selling, possessing,
distributing, transporting, or being in the presence of controlled drugs,
notifying the parole officer of any prescribed medications, and not using
alcoholic beverages to excess; and
(13) Waiving extradition to the state of New
Hampshire from any state in the United States or any other place and return to
New Hampshire if directed by the parole officer, and being responsible for any and all costs, including all
travel, in connection with any extradition request or proceeding.
Source. #4006, eff 2-28-86; EXPIRED 2-28-92
New. #5577, Emergency, eff 2-11-93; EXPIRED
6-11-93
New. #5685, eff 8-16-93; ss by #7070, INTERIM, eff
8-12-99, EXPIRES: 12-10-99; ss by #7149, eff 12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17
Par 401.03 Special
Conditions.
(a) In addition to conditions applicable to all
parolees, the board shall impose special conditions of parole that address the
treatment, supervision, and public safety needs presented by each offender.
(b) Criteria used to determine appropriate
special conditions shall include:
(1) Treatment
recommended by the department of corrections or other competent providers;
(2) The nature of
the inmate’s confining offense;
(3) The length of
incarceration;
(4) Past performance
during community supervision;
(5) Any other
factors that enhance the transition of the parolee to the community, or
diminish the parolee’s threat to society; and
(6) Concerns of
the victim.
Source. #5685, eff 8-16-93; ss by #7070, INTERIM, eff
8-12-99, EXPIRES: 12-10-99; ss by #7149, eff 12-7-99,
EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17
Par 401.04 Approval
of Plan. The parolee's plan shall be
forwarded to the supervising parole officer for investigation and
approval. The executive assistant or
designee shall notify the inmate in writing of any problems with the
parole plan that shall be resolved prior to release.
Source. #5685, eff 8-16-93; ss by #7070, INTERIM, eff
8-12-99, EXPIRES: 12-10-99; ss by #7149, eff 12-7-99,
EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17
Par 401.05 Instructions
to Inmates. Before any inmate is
released on parole, the executive assistant or designee representative shall
review with each inmate the conditions of that inmate's parole, and shall
ensure that the inmate understands all conditions. The inmate shall signify understanding of the
conditions by signing the parole certificate.
The executive assistant or designee shall, by signing the certificate,
attest that all conditions of parole have been explained to the inmate.
Source. #5685, eff 8-16-93; ss by #7070, INTERIM, eff
8-12-99, EXPIRES: 12-10-99; ss by #7149, eff 12-7-99,
EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17
CHAPTER
Par 500 REVOCATION
OF PAROLE
Statutory Authority:
RSA 651-A:4, III
REVISION NOTE:
Document
#5685, effective 8-16-95, made extensive changes to the wording, structure and
numbering off rules in former Chapter Par 500, including reorganizing former
Part 502 within Part Par 501. Document
#5685 supersedes all prior filings for the sections in former Chapter Par
500. The prior filings for former
Chapter Par 500 include the following documents:
#4006,
eff 2-28-86 EXPIRED 2-28-92
#5577
Emergency, eff 2-11-93 EXPIRED 6-11-93
PART Par 501 REASONS FOR REVOCATION
Par 501.01 Revocation.
(a) The board shall consider revocation of parole
for any founded violations of parole conditions.
(b) The decision to revoke or to return to parole
shall be based on the following factors:
(1) Recommendation
of the arresting parole officer;
(2) Recommendation
from community or institutional treatment professionals;
(3) The length of
time on parole prior to the violation;
(4) Overall
performance on parole prior to the violation;
(5) The number and
nature of any intermediate sanctions attempted by the parole officer prior to
arrest;
(6) The existence
of any pending criminal charges or outstanding arrest warrants against the
parolee;
(7) The length of
time remaining on the parolee’s prison sentence;
(8) The parolee’s
performance during any prior periods of community supervision; and
(9) Any other
factors that indicate the probability of success or failure during a subsequent
parole.
Source. (See Revision Note at chapter heading for Par
500) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99;
ss by #7149, eff 12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17
Par 501.02 Warrant. If a member of the board agrees that a
violation might have occurred, the member shall issue a warrant for the arrest
of the parolee, pursuant to RSA 504A:4, II.
Source. (See Revision Note at chapter heading for Par
500) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99;
ss by #7149, eff 12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17 (from Par 501.03)
Par 501.03 Preliminary
Hearing. Pursuant to RSA 504-A:6, a preliminary hearing shall be held as promptly as
possible after the parolee is arrested and detained. This hearing shall be conducted by a hearings
officer according to the provisions of RSA 651-A:17
and RSA 504-A:6.
Source. (See Revision Note at chapter heading for Par
500) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99;
ss by #7149, eff 12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17 (from Par 501.04)
Par 501.04 Probable Cause.
(a) If probable cause is found by the hearings
officer, the executive assistant or designee shall then meet with
each parolee, and inform the parolee of all rights and procedures related to
the parole revocation hearing. The
executive assistant or designee and parolee shall complete the “Notification of
Due Process Rights at Final Revocation Hearing” form in 2 copies. One copy shall be given to the parolee, and
the other shall be retained by the board.
(b) The “Notification of Due Process Rights at
Final Revocation Hearing” form shall stipulate the following due process rights
pertaining to the revocation hearing:
(1) The right to receive a written notice of all
alleged parole violations, which shall be given to the parolee via a copy of
the arrest warrant signed by a member of the board.
(2) The right to appear before the board and address the board at a revocation hearing;
(3) The right of the parolee to call witnesses in the parolee’s behalf;
(4) The right of the parolee to confront and
cross-examine all adverse witnesses, and review all evidence against the
parolee;
(5) The right of representation by counsel and
the right to have counsel appointed if the parolee cannot afford to retain counsel; and
(6) The right to receive a written copy of the
board’s decision, which shall include the decision of the board, and evidence relied upon to reach that decision.
(c) The “Notification of Due Process Rights at
Final Revocation Hearing” form shall also specify the following options
regarding legal counsel at the parole revocation hearing:
(1) The
parolee shall retain private counsel;
(2) The parolee shall appear without legal representation;
(3) The parolee lacks the resources to retain private counsel and
requests court-appointed counsel; and
(4) The parolee may elect to waive the right to a revocation
hearing within 45 days after arrest, as required by RSA 651-A:17, and continue
the hearing until appointed counsel is available.
(d) The signature of the parolee on the
“Notification of Due Process Rights at Final Revocation Hearing” form shall
signify the parolee’s understanding of all legal rights related to said hearing.
Source. (See Revision Note at chapter heading for Par
500) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99;
ss by #7149, eff 12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17 (from Par 501.05)
Par
501.05 Basis
of Decision. If the board finds, by
a preponderance of the evidence, that the parolee has violated the conditions
of his parole and thereafter votes to revoke parole, pursuant to the criteria
in Par 501.01 and Par 501.02, the parolee shall be committed to the custody of
the commissioner of corrections. If the
board votes to give the parolee another opportunity for parole, the board shall
specify the criteria for that hearing.
If the Board does not find by a preponderance of the evidence, that the
parolee has violated the conditions of parole and thereafter votes not to
revoke parole, the parolee shall be returned to parole supervision. The executive assistant shall send a copy of
the hearing minutes to each parolee, within 5 working days after the hearing.
Source. (See Revision Note at chapter heading for Par
500) #5685, eff 8-16-93; ss by #7070, INTERIM, eff 8-12-99, EXPIRES: 12-10-99;
ss by #7149, eff 12-7-99, EXPIRED: 12-7-07
New. #9070, INTERIM, eff 1-11-08, EXPIRED: 7-9-08
New. #9255, eff 9-6-08, EXPIRED: 9-6-16
New. #12158, eff 4-7-17 (formerly Par 501.06)
APPENDIX
Rule |
|
Par 101.01 |
RSA 651-A:4,
III |
Par 102.01 -
Par 102.06 |
RSA 651-A:2 |
Par 103.01 |
RSA 651-A:4,
I, II; RSA 651-A:18 |
Par 103.02 |
RSA 651-A:4,
III |
Par 103.03 |
RSA 651-A:4,
III (b) |
Par 104 |
RSA 651-A:4,
III (a); RSA 91-A:5, II |
Par
201 |
RSA
651-A:4; RSA 541-A:16 I(b) (3) |
Par
202 |
RSA
651-A:4; RSA 541-A:16 (c),(d) |
Par
203.01-Par 203.02 |
RSA
651-A:6, I |
Par
203.03 |
RSA
651-A:19 |
Par
203.04 |
RSA
651-A:11 |
Par
203.05 |
RSA
651-A:4, III(a) |
Par
203.06 |
RSA
651-A:4, III(a) |
Par
203.07 |
RSA
651-A:4, III(a) |
Par
203.08 |
RSA
651-A:4, III(a) |
Par
203.09 |
RSA
651-A:4, III(a) |
Par
204 |
RSA
651-A:4, III(d) |
Par
205 |
RSA
651-A:4, III(d) |
Par
206 |
RSA
651-A:4, III(d) |
Par
207 |
RSA
651-A:4, III(d) |
Par
208 |
RSA
651-A:4, III(d) |
Par
209 |
RSA
651-A:4, III(d) |
Par
210 |
RSA
651-A:4, III(d) |
Par
211 |
RSA
651-A:4, III(d) |
Par
212 |
RSA
541-A:11,VII |
Par
301 |
RSA
651-A:4, III(b) |
Par
302 |
RSA
651-A:4, III(b) |
Par
400 |
RSA
651-A:4, III(c) |
Par
401 |
RSA
651-A:4, III(c) |
Par
501.01 |
RSA
651-A:18, II (a), (b) |
Par
501.02 |
RSA
651-A:18, II (a), (b), (c) |
Par
501.03 |
RSA
651-A:17 |
Par
501.04 |
RSA
651-A:17 |
Par
501.05 |
RSA
651-A:17 |