Criminal Justice (Corrections)

HB 1576 modernizes New Hampshire's criminal restitution system by requiring annual financial reviews of offenders to ensure payments align with their current ability to pay. It mandates automatic payment increases when offenders gain income (e.g., raises, inheritances) and retroactively applies these changes, with victims notified immediately. The bill adds enforcement tools like wage garnishment, tax refund interception, and license suspension for nonpayment, plus interest and penalties for intentional avoidance. Victims must receive quarterly payment updates and written notice of any delays or enforcement actions, with restitution funds disbursed within 45 days of receipt. This directly affects offenders ordered to pay restitution, victims awaiting payments, and the Department of Corrections as the enforcement agency.

HB 1061 establishes a commission to study alternatives to prison for nonviolent offenders who are primary caregivers, such as parents of young children. The commission, made up of lawmakers, state agency representatives, and community experts (including formerly incarcerated individuals), will examine current sentencing impacts on families and identify community-based options like home confinement or treatment programs. It must submit a report with recommendations by November 1, 2026, but the bill itself does not change current laws or policies.

HB 1173 allows New Hampshire's commissioner of corrections to release inmates from state prison at any time during their sentence to attend community college or university programs for which they've been accepted. This directly affects incarcerated individuals in New Hampshire state prisons who are accepted into post-secondary education. The bill requires the commissioner to notify the sentencing court and prosecutor before release, who may object within 10 days; if objected to, a court hearing determines approval. Time spent in education outside prison counts fully toward the inmate's sentence, and the commissioner may recall the inmate if community safety is threatened.

HB 1067 establishes a state grant program to fund new mental health courts in New Hampshire, requiring counties, districts, or non-profits to apply through a standardized process managed by the judicial branch's Office of the Statewide Treatment Courts. The bill revises mental health court procedures to allow judges to dismiss charges or withhold prosecution upon successful completion of treatment programs, while mandating risk and clinical assessments for participants. It requires the judicial branch to develop application standards, track outcomes like recidivism, and provide training to ensure program effectiveness. The goal is to reduce incarceration costs and improve treatment access for individuals with mental illness through structured court interventions.

HB 1465 requires certain state employees, including court staff, judges, attorneys, and bar association members, to report suspected civil rights violations or breaches of judicial conduct rules committed by judicial branch members. If they have reasonable cause to believe a violation occurred (e.g., in person or reported to them), they must immediately notify the Attorney General’s office. Failure to report is punishable as a misdemeanor, with a $1,500 fine and up to one week in jail. The Attorney General forwards reports to the court administrative office, county sheriffs, and the chief justice, while protecting good-faith reporters from retaliation. The bill takes effect January 1, 2027.

HB 1696 allows police to issue a written summons instead of arresting someone for certain misdemeanors or violations (excluding abuse, protective order breaches, or stalking cases). It requires people released on summons to "remain of good behavior" - meaning they cannot commit any new felony, misdemeanor, or major traffic offense while awaiting court. Failing to appear or violating this condition becomes a separate misdemeanor offense, punishable by fines and potentially consecutive jail time. This directly affects individuals charged with minor offenses who are released with a summons instead of being jailed.