Panel adopts amendment to SB 15 narrowing who may be assigned "hard labor"; bill recommended to pass 9–7

A legislative executive session on SB 15 ended with the panel adopting an amendment, 9–7, that narrows which incarcerated people may be assigned "hard labor," and then voting the bill ought to pass as amended.

The presiding member said the amendment confines hard-labor assignments to two classifications: people convicted of capital murder and those convicted under RSA 630:1 for aggravated felonious sexual assault of a child under 13. The amendment also defines "hard labor," provides medical exemptions and alternative activities for inmates who cannot perform such work, and gives the corrections commissioner broad discretion to withhold outside assignments based on staffing, security, or public-safety concerns.

Representative Scherer, who opposed the amendment, said he was concerned that the change could allow people charged with capital-level crimes or aggravated sexual assault of children to work outside prison walls and that doing so would require substantially more supervision and cost. "I don't want people charged with these crimes working outside the walls," Scherer said, citing public-safety risks and resource needs.

The presiding member defended the amendment, saying he had spoken with multiple police chiefs who supported supervised outside work for serious offenders and that he had not heard of incidents of escapes or injuries from such assignments. He also argued the change would not be as costly as death-penalty appeals and stressed that policy, not the Department of Corrections (DOC), sets assignments: "Our DOC does what we tell our DOC to do," the presiding member said.

Representative Muse opposed the amendment on fiscal and policy grounds, saying no fiscal note or cost estimate accompanied the measure and warning that a small number of inmates could drive high costs and complicate classification and supervision.

After discussion the committee called the roll. The amendment was adopted, 9–7, and the committee subsequently voted 9–7 that SB 15 "ought to pass" as amended. The presiding member asked that minority reports be filed by close of business the next day and said he would write the majority report.

What happens next: The committee’s recommendations will be reported to the full House; minority reports were requested by the presiding member and are due by the deadline he set. The bill will be placed on the House calendar for further consideration.