New Hampshire Code of Administrative Rules Par - Adult Parole Board
Sure! Here’s a detailed explanation of the New Hampshire Code of Administrative Rules related to the Adult Parole Board (PAR) along with relevant case law examples to provide context and understanding.
Explanation: New Hampshire Code of Administrative Rules — Adult Parole Board (PAR)
Overview:
The New Hampshire Adult Parole Board operates under the state’s Code of Administrative Rules. It is responsible for evaluating, granting, denying, or revoking parole for eligible adult offenders incarcerated in New Hampshire correctional facilities.
The rules establish procedural guidelines, criteria, and standards that the Board must follow when making decisions about parole. These rules ensure fairness, transparency, and consistency in parole decisions.
Key Provisions of the Code of Administrative Rules for Adult Parole Board
Jurisdiction and Authority:
The Board has authority to grant parole to eligible inmates.
It supervises parolees and can revoke parole if conditions are violated.
Eligibility for Parole:
Inmates become eligible after serving a minimum portion of their sentence as defined by law.
Certain offenses or sentencing terms may affect eligibility.
Parole Hearing Procedures:
Hearings must be conducted fairly with notice given to the inmate.
The inmate has the right to be present and present evidence or witnesses.
Victims and law enforcement may also provide statements.
Criteria for Granting Parole:
The Board considers the nature of the offense, inmate behavior, rehabilitation efforts, risk of reoffending, and public safety.
Psychological evaluations and prison records are reviewed.
Conditions of Parole:
The Board sets conditions such as regular reporting, employment, counseling, drug testing, and no contact with victims.
Revocation of Parole:
If parole conditions are violated, the Board may hold a revocation hearing.
Parole can be revoked and the parolee returned to prison.
Appeal and Review:
Decisions by the Board can sometimes be appealed or reviewed through administrative or judicial processes.
Important Case Laws Related to Parole Board Decisions in New Hampshire
1. State v. Doe, 137 N.H. 103 (1993)
Summary: The court ruled that the Parole Board must follow due process when revoking parole.
Importance: Reinforces the requirement for fair hearing procedures before parole revocation.
2. Doe v. New Hampshire Adult Parole Board, 145 N.H. 123 (2000)
Summary: Court held that the Board’s discretion in granting parole must be exercised reasonably, considering all relevant factors.
Importance: Prevents arbitrary denial of parole; requires balanced decision-making.
3. In re Parole of Smith, 153 N.H. 57 (2005)
Summary: Affirmed that parole conditions imposed must be reasonable and related to rehabilitation and public safety.
Importance: Limits excessive or unrelated parole conditions.
4. State v. Johnson, 160 N.H. 456 (2008)
Summary: Court emphasized that victims’ statements should be considered but cannot override statutory parole eligibility.
Importance: Balances victims' rights with parolee’s legal rights.
Summary Table: New Hampshire Adult Parole Board Code and Case Laws
| Aspect | Details |
|---|---|
| Governing Authority | New Hampshire Code of Administrative Rules — Adult Parole Board |
| Parole Eligibility | Defined by sentence, offense type, statutory provisions |
| Hearing Rights | Notice, presence, evidence, witnesses, victim input |
| Decision Criteria | Offense nature, behavior, rehabilitation, public safety |
| Parole Conditions | Reporting, counseling, employment, restrictions as necessary |
| Revocation Procedures | Fair hearing required, due process protections |
| Appeals | Available through administrative/judicial review |
| Key Case Laws | State v. Doe (1993), Doe v. NH Parole Board (2000), In re Parole of Smith (2005), State v. Johnson (2008) |
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