Many offenders sentenced by the Court or released from prison by the Adult Parole Board are permitted to live and work (or attend school) in the community subject to conditions set by the Court or Board. Activities of these individuals are monitored by the Probation-Parole Officer.
Protecting people in the community and reducing the likelihood of another crime are chief reasons for offender supervision.
Probation is a sentence ordered by the court which allows an offender to remain in the community with supervision and guidance of a PPO, under such conditions as the court may impose. For each offense, the period of probation cannot exceed 5 years for a felony and 2 years for a Class A misdemeanor.
Parole is a conditional release from state prison which allows an inmate to serve the remainder of the sentence outside the prison. To be eligible for parole, inmates must complete the minimum sentence ordered by the Court and must show increasingly responsible behavior while in prison.
Usually, inmates must succeed in minimum custody and work release (community settings) before parole release. The Board schedules hearings for eligible inmates 60 days prior to their minimum parole date.
Conditions of Probation-Parole
For individuals to remain on probation or parole in the community, they must comply with the following conditions established by the Court or Adult Parole Board:
- Report to the Probation/Parole Office at such times & places as directed; comply with PPO instructions & respond truthfully to all inquiries from the PPO;
- Comply with all orders of the Court, Parole Board or PPO, including any order for payment of money;
- Obtain the PPO's permission before changing residence or employment or traveling out of state;
- Notify the PPO immediately of any arrest, summons or questioning by a law enforcement officer;
- Diligently seek & maintain lawful employment notify employer of legal status, & support dependents to the best of ability;
- Not receive, possess, control or transport any weapon explosive, or firearm or simulated weapon, explosive or firearm;
- Be of good conduct, obey all laws & remain arrest free;
- Submit to reasonable searches of person, property & possessions as requested by the PPO & permit the PPO to visit residence at reasonable times for the purpose of examination & inspection in the enforcement of the conditions of probation & parole;
- Not associate with persons having a criminal record or other individuals as directed by the PPO unless specifically authorized to do so by the PPO;
- Not indulge in the illegal use, sale, possession distribution, transportation, or be in the presence of controlled drugs, or use alcoholic beverages to excess;
- Waive extradition to the State of New Hampshire from any state in the United States or any other place & agree to return to New Hampshire if directed by the PPO;
The following special conditions may be imposed by the Court, Adult Parole Board or the PPO:
- Participate regularly in Alcoholics Anonymous or other self-help group to the satisfaction of the PPO;
- Secure written permission from PPO prior to purchasing &/or operating a motor vehicle;
- Participate & satisfactorily complete other program(s) as required;
- Enroll & participate in mental health counseling on a regular basis to the satisfaction of the PPO;
- Not be in the unsupervised company of (female/male) minors at any time;
- Not leave the county without permission of the PPO;
- Refrain totally from the use of alcoholic beverages;
- Submit to breath, blood or urinalysis testing for abuse substances at the direction of the PPO;
- Comply with the provisions of house arrest;
- Other (e.g. no contact with victim)
Violations of Probation & Parole
By law, PPO's attempt to "assist offenders in establishing law-abiding lives while monitoring their behavior through office, home, work, and other contacts." When an offender does not follow the rules, a determination is made by the PPO about the best way to improve compliance. With attention to public protection and victim sensitivity, as well as progress achieved by the offender in the community, the PPO may issue verbal or written warnings, or may report the violation to the sentencing Court or Parole Board.
In circumstances requiring immediate action, the PPO or police may arrest the offender, or may request an arrest warrant or capias be issued by the Court or Adult Parole Board.
At a violation (or revocation) hearing before the Court or Parole Board, the PPO must present evidence to prove the offender violated the required conditions. Due process rights apply and the offender (or attorney) may dispute the evidence.
Offenders who violate the conditions of probation or parole may be incarcerated in prison or county houses of correction. Intermediate sanctions are also available to promote public safety and provide restrictions necessary to control offenders.
Home confinement (electronic monitoring) allows the offender to live at home, work in the community and participate in community programs with close supervision by the PPO. An electronic bracelet alerts the DOC if an offender is not home as required.
Community Correction Centers are DOC facilities where offenders live while working in the community. Residents must show increased responsibility and develop improved problem- solving skills to succeed in these half-way houses.
The Academy is a year long intensive corrections program for non-violent offenders while living in their home. Employment, enhanced living skills, and substance abuse programming are required, consistent with each participant's needs.
Intensive Supervision provides frequent (at least weekly) contacts with offenders to enhance public protection and enforcement of orders. Random home visits occur during day and evening hours.
Each of these community-based sanctions include close supervision of the offender by the Department of Corrections. The offender is required to pay fees to participate.