New Hampshire Revised Statutes 651-A:17 – Parole Revocation
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Terms Used In New Hampshire Revised Statutes 651-A:17
- Board: means the adult parole board. See New Hampshire Revised Statutes 651-A:2
- Commissioner: means the commissioner of corrections. See New Hampshire Revised Statutes 651-A:2
- Intermediate sanction program: means a community-based day or residential program that is designed for use as a swift and certain sanction for a parole violation, in lieu of parole revocation. See New Hampshire Revised Statutes 651-A:2
- Parole: means a conditional release from the state prison which allows a prisoner to serve the remainder of his term outside the prison, contingent upon compliance with the terms and conditions of parole as established by the parole board. See New Hampshire Revised Statutes 651-A:2
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Prisoner: means any adult person who has been committed to the custody of the commissioner of corrections. See New Hampshire Revised Statutes 651-A:2
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
Any parolee arrested under N.H. Rev. Stat. § 651-A:15-a shall be entitled to a hearing before the board within 45 days, in addition to any preliminary hearing which is required under N.H. Rev. Stat. § 504-A:5. The parolee shall have the right to appear and be heard at the revocation hearing. The board shall have power to subpoena witnesses and administer oaths in any proceeding or examination instituted before or conducted by it, and to compel, by subpoena duces tecum, the production of any accounts, books, contracts, records, documents, memoranda, papers or tangible objects of any kind. If the board, after a hearing, finds that the parolee has violated the conditions of parole, violated the law, or associated with criminal companions and in its judgment should be returned to the custody of the commissioner of corrections, the board shall revoke the parole. A prisoner whose parole is revoked shall be recommitted to the custody of the commissioner of corrections. This provision shall not apply to a parolee who has accepted an option, offered by a probation/parole officer, to participate in an intermediate sanction program and has waived his or her right to counsel and to a preliminary hearing under N.H. Rev. Stat. § 504-A:5.