Parole Setback Laws In New Hampshire


On February 10th, 2012 the New Hampshire Supreme Court, in Gentry v. Warden, Northern New Hampshire Correctional Facility ruled that parolees are not entitled to pre-hearing credit against their parole setback.  Stated differently, if you violate parole and sit for 50 days waiting for a hearing, this 50 days is not credited toward your 90 day parole setback.

Mr. Gentry was arrested on a parole violation warrant and sat in prison until his parole revocation hearing some 55 days later.  The parole board issued a 90 day parole setback.  Mr. Gentry argued that he was entitled to 55 days credit toward this 90 day parole setback.  His request was denied by the parole board.

The New Hampshire Supreme Court disagreed with Mr. Gentry and his quest to receive 55 days of pre-hearing credit.  While, “…the fact that some parolees serve more time in custody than others is an unfortunate consequence of a system that cannot act instantaneously and occasionally errs,” RSA 651-A:19 “did not permit the parole board to credit the time the petitioner spent in confinement between his arrest and revocation of his parole against his ninety day re commitment period “  as “The second sentence of the statute, RSA 651-A:19, I, explains that whatever time the parolee spent confined after arrest but before revocation of parole is to be credited against the maximum sentence.”

For More information Regarding Parole in NH Contact
The Law Office of Shepherd & Osborne
351 Main Street
Nashua, NH 03060

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