Title LXII, Criminal Code

Persons committed or transferred to the state hospital pursuant to this chapter shall be granted the rights set forth in RSA 135-C:55-59.

Whenever the sentence for an offense is to be imprisonment for a maximum of more than one year, the sentence shall be served in the state prison.

I. Whenever a person is sentenced either (a) For a misdemeanor under the provisions of RSA 651:2; or (b) For a felony under the provisions of RSA 651:2; or (c) For an extended term of imprisonment under RSA 651:6, and the maximum term thereof does not exceed one year. II. The sen…

Any person under the age of 18 who has been certified as an adult pursuant to RSA 169-B:24 and sentenced to the state prison pursuant to RSA 651:15 or to a county correctional facility pursuant to RSA 651:17, may be transferred to the youth development center established under RS…

I. Persons liable to commitment to a correctional facility for any offense shall be committed to the county correctional facility in the county in which the crime was committed. II. Any prisoner whose conduct while in the custody of the superintendent of a county correctional fac…

I. A sentencing court may recommend at the time of sentencing, or the superintendent of the county correctional facility may, at any time during the sentence, allow any person who has been committed to a correctional institution other than state prison under a criminal sentence t…

I. The superintendent of a county correctional facility may establish a day reporting program in lieu of incarceration for certain offenders as deemed appropriate by the superintendent. Such release shall be for such terms or intervals of time and under such terms and conditions …

I. A person convicted of a felony or a Class A misdemeanor may be sentenced to imprisonment, probation, conditional or unconditional discharge, or a fine. II. If a sentence of imprisonment is imposed, the court shall fix the maximum thereof which is not to exceed: (a) Fifteen yea…

I. Notwithstanding any other provision of law, except as provided in subparagraphs (a), (b), and (c), the sentence to imprisonment of any person may be suspended by the sentencing court at the time of imposition of the sentence or at any time thereafter in response to a petition …

Upon revocation of any suspended sentence the court may order that the defendant serve such sentence in full or in such parts and at such times as is deemed best, may further suspend any part not ordered to be served upon such terms and conditions as the court may order and may p…

In any criminal case, in addition to such other terms and conditions as may be imposed by the court, a defendant who has received a suspended sentence or who has been released under RSA 651:19 may be required by the court to surrender to the department of corrections or other age…

Any person released under RSA 651:19 or RSA 651:19-a, or ordered confined under RSA 651:20 or 21 who willfully fails to report as ordered shall be deemed to have escaped from the institution to which he has been sentenced and upon conviction shall be subject to the punishment pro…

I. The commissioner of corrections may release any person who has been committed to the state prison at any time during the term of sentence for the purpose of obtaining and working at gainful employment, for the performance of uncompensated public service as provided in RSA 651:…

Whenever a corporation indicted under a statute fails to appear, after being duly served with process or an order of notice, its default shall be recorded, the charges in the indictment taken to be true, and judgment shall be rendered accordingly.

I. A sentence of imprisonment commences when it is imposed if the defendant is in custody or surrenders into custody at that time. Otherwise, it commences when he becomes actually in custody. All the time actually spent in custody prior to the time he is sentenced shall be credit…

The county commissioners of any county may authorize the superintendent of the county correctional facility to make arrangements with officials of a city or town to have prisoners from the county correctional facilities perform uncompensated public service at municipality-owned g…

I. The court may, in its discretion, order a presentence investigation for a defendant convicted of a felony or a misdemeanor; provided that, upon the recommendation of the prosecution, the court shall order a presentence investigation report where the felony or misdemeanor was v…

Before a judge sentences or suspends or reduces the sentence of any person for capital, first degree or second degree murder, attempted murder, manslaughter, aggravated felonious sexual assault, felonious sexual assault, first degree assault, or negligent homicide committed in co…

I. When a defendant appears in court and is convicted of a crime, the court shall inquire whether the defendant is currently serving in or is a veteran of the armed forces. II. If the defendant is currently serving in the armed forces or is a veteran and has been diagnosed as hav…

I. Except as provided in paragraphs V-VIII, the record of arrest, conviction and sentence of any person may be annulled by the sentencing court at any time in response to a petition for annulment which is timely brought in accordance with the provisions of this section if in the …

Notwithstanding any provision of RSA 651:5 to the contrary, any person convicted of a criminal offense which occurred between May 14, 2014 and July 1, 2015, and while the person was 17 years of age, shall be entitled to an annulment of such conviction upon application to the cour…

Any person who was arrested or convicted for knowingly or purposely obtaining, purchasing, transporting, or possessing, actually or constructively, or having under his or her control, 3/4 of an ounce of marijuana or less where the offense occurred before September 16, 2017 may, a…

The chief justice of the superior court shall appoint 3 superior court justices, senior justices, or retired superior court justices to constitute a board of 3 members to act as a review division of the court and shall designate one of these judges as division chairman. The term …

I. Any person sentenced to a term of one year or more in the state prison, except in any case in which a different sentence could not have been imposed, or the state of New Hampshire, may file with the clerk of the superior court for the county in which the judgment was rendered …

I. The review division has jurisdiction: to consider an appeal with or without a hearing; to review the judgment insofar as it relates to the sentence imposed; to review any other sentence imposed when the sentence appealed from was imposed, notwithstanding the partial execution …

I. A convicted person may be sentenced according to paragraph III if the jury also finds beyond a reasonable doubt that such person: (a) Based on the circumstances for which he or she is to be sentenced, has knowingly devoted himself or herself to criminal activity as a major sou…

If the judgment is amended by an order substituting a different sentence or sentences or disposition of the case, the review division or any member thereof shall resentence the defendant or make any other disposition of the case in accordance with the order of the review division…

The secretary-clerk shall attend all sittings of the review division, shall record all appointments to the division, notifying the clerk of the superior court in each county thereof, and shall record the proceedings of the division.

I. The legislature finds and declares that the victims of crimes often suffer losses through no fault of their own and for which there is no compensation. It also finds that repayment, in whole or in part, by the offender to the victim can operate to rehabilitate the offender. It…

As used in this subdivision, unless the context otherwise indicates: I. "Claimant" means a victim, dependent, or any person legally authorized to act on behalf of the victim. II. "Dependent" means any person who was wholly or partially dependent upon the victim for care and suppo…

I. Any offender may be sentenced to make restitution in an amount determined by the court. In any case in which restitution is not ordered, the court shall state its reasons therefor on the record or in its sentencing order. Restitution may be ordered regardless of the offender's…

[Paragraph I effective until June 1, 2027; see also paragraph I set out below.] I. The time and method of restitution payments or performance of restitution services shall be specified by the department of corrections. Monetary restitution may be by lump sum, or by periodic insta…

This subdivision does not bar, suspend, or otherwise affect any right or liability for damages, penalty, forfeiture or other remedy authorized by law to be recovered or enforced in a civil action, regardless of whether the conduct involved in such civil action constitutes an econ…

The supervising agency, or the offender who has been sentenced to pay restitution and has not inexcusably defaulted in payment thereof, may at any time petition the court which sentenced him for a revocation of any unpaid portion of the restitution. If the court finds that the ci…

I. Any offender who is sentenced to make restitution under RSA 651:63, and who purposely violates the court's order by either failing to make restitution or by defaulting in the payment or performance of the restitution authorized, may be prosecuted for contempt. II. In the case …

The performance of uncompensated public service of a sort that in the opinion of the court, the commissioner of the department of corrections, the superintendent of a county correctional facility, or the parole board will foster respect for those interests violated by the defenda…

No individual who performs uncompensated public service under this subdivision for a person or organization shall receive any benefits that are provided to other employees.

I. Sentences imposed shall be proportional to the nature of the crime committed. Neither the defendant's race nor ethnicity shall be a factor considered in determining a sentence in a criminal case. II. The commissioner of the department of corrections shall collect data on the r…

No person or organization who utilizes the services of any person performing uncompensated public service under this subdivision shall be liable for any damages sustained by an individual while performing such services for the benefit of the person or organization or any damages …

Whenever the grand jury shall omit to find an indictment against a person, for the reason of insanity or mental derangement, or a person prosecuted for an offense shall be acquitted by the petit jury for the same reason, such jury shall certify the same to the court.

Any person prosecuted for an offense may plead that he is not guilty by reason of insanity or mental derangement. If such a plea is accepted by the state's counsel, such counsel shall certify the same to the court.

I. If a person is found not guilty by reason of insanity at the time of the offense charged, he shall be committed to the secure psychiatric unit until such time as he is eligible for release pursuant to paragraph IV. II. A hearing shall be conducted not later than 40 days follow…

In either of the cases aforesaid the court, if it is of the opinion that it will be dangerous that such person should go at large, shall commit him to the secure psychiatric unit for 5 years unless earlier discharged, released or transferred by due course of law.