The 2010 Justice Reinvestment Act focuses resources on offenders who are at the highest risk for returning to prison. It created risk-based supervision levels and allows short jail stays for minor probation violations. The law created a nine–month term of post-prison supervision for offenders granted release by the parole board. By 2021, the legislation could save the state up to $10.8 million and avert $179 million in new construction and operating costs, with savings providing future reinvestment opportunities.
SB 500 (2010) - Justice Reinvestment Act
Requires risk assessments be conducted on all probationers and parolees to determine the risk of recidivating and to designate a supervision risk level. Creates active and administrative community supervision and bases the portion of time a probationer or parolee spends on each type of supervision on risk level and conviction offense. Authorizes short jail stays for probation rule violations. Authorizes the corrections department to use “swift and certain” sanctions for violations of parole, in lieu of revocation to prison. Limits revocation to 90 days and requires those inmates be housed in separate units and receive evidence-based programming. Requires nonviolent inmates to be released on parole after serving 120 percent of the minimum sentence. Requires certain other inmates be released to supervision nine months prior to the expiration of the maximum term.
Removes the 90-day limit on parole revocation to prison. Permits the parole board to extend the period of revocation if an inmate does not meaningfully participate in programming or has received disciplinary violations while incarcerated. Prohibits probationers convicted of offenses against children or sex offenses from being placed on administrative community supervision status.
Increases the length of jail time a probation officer is authorized to order for probation rule violations. Requires, upon a fifth violation, that revocation proceedings be pursued with the court. Repeals the requirement that a nonviolent inmate be released after serving 120 percent of the minimum sentence.
Full summaries of legislation can be found in NCSL’s Sentencing and Corrections Enactment Database.
- N.H. Department of Corrections annual reports include implementation information for SB 500 (2010):
Return to NCSL’s Justice Reinvestment State Resources page or learn more about NCSL’s Criminal Justice program.