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Citizens for Criminal Justice Reform

        State House Alert & Other News
                        February - March 2019
                           
 

February 18, 2019                                 

State House crime policy hearings week of Feb. 18, 2019
 
Please contact us if you can attend one of the hearings and please email your lawmakers on the various bills below.

Try and attend the crucial bill meetings marked in red type below about some crucial bills to help prisoners and their loved ones. Failing that, you can still email your written testimony to the appropriate House or Senate committees. Just go to the web page for a chosen committee and find the mass committee email address.  As I have  done for you below with the House Criminal Justice Committee.

On Tuesday, Feb. 19, 2019

NH HOUSE CRIMINAL JUSTICE AND PUBLIC SAFETY, Representatives Hall in the State House. Public hearing at 10 a.m. on HB 455 to abolish the death penalty for capital murder. This bill would not spare the life of Michael Addison, who is still appealing his death sentence for shooting police officer Michael Briggs to death in 2006. Supporters say it would be impossible to enact a bill that takes Briggs off death row. The last execution in New Hampshire was in 1939. Friends of CCJR need to testify for this bill as a worthy cause and to stand in solidarity with our natural allies in the struggle for better crime laws. Written testimony later would be welcome too. You can email it to every House committee member at this address: HouseCriminalJusticeandPublicSafety@leg.state.nh.us

NH SENATE JUDICIARY, Room 100, State House 

  • 9:00 a.m. EXECUTIVE SESSION ON PENDING LEGISLATION 
  • 10:15 a.m. SB 35, making a technical correction to the bail statute. 
  • 10:30 a.m. SB 314-FN, relative to release of a defendant pending trial. 
  • 11:30 a.m. SB 91, relative to the release of a defendant pending trial.
On Wednesday, Feb. 20

CRIMINAL JUSTICE AND PUBLIC SAFETY, Room 204, Legislative Office Building (LOB)

10:00 a.m. Executive session on HB 455-FN, relative to abolishing the death penalty going forward. Supporters will not have a chance to testify, but their presence as watchdogs will make a strong and needed statement.

1:30 p.m. HB 705-FN, increasing the cap on assistance for victims of crime and relative to the rights of victims of crime. 

2:00 p.m. HB 722-FN, relative to the retail sale and taxation of marijuana. 

2:30 p.m. Subcommittee work session on HB 726-FN, to plan a new secure psychiatric unit and make a related appropriation. Gov. Chris Sununu asked lawmakers in high state of the state speech to fund a new secure psychiatric unit at the state hospital.

State House luncheon against the death penalty

Legislators and staff are cordially invited to a complementary lunch in the State House Cafeteria on Wednesday, February 20th from 12:00 p.m. to 2:00 p.m. We will be informally discussing the death penalty in New Hampshire and the ongoing efforts to repeal it. You will have an opportunity to meet two death row exonerates, Kirk Bloodsworth, the first person to be freed with DNA evidence, and Ray Krone, wrongfully prosecuted because of junk science. A number of repeal advocates, including some of your colleagues in the legislature, will be on hand to answer questions and provide information. Rep. Renny Cushing

On Thursday, Feb. 21

HOUSE CRIMINAL JUSTICE AND PUBLIC SAFETY, Room 204, LOB 

11:00 a.m. Executive session on HB 109-FN, requiring background checks for commercial firearms sales; 

HB 481-FN-A-L, relative to the legalization and regulation of cannabis and making appropriations therefor; 

HB 705-FN, increasing the cap on assistance for victims of crime and relative to the rights of victims of crime; 

HB 722-FN, relative to the retail sale and taxation of marijuana; 

HB 726-FN, relative to the secure psychiatric unit and making an appropriation therefor. We expect the committee to vote overwhelmingly for this bill.

HOUSE FINANCE, Rooms 210-211, LOB, Budget presentations

10:30 a.m. Department of Corrections. The department is requesting $132.6 million for next fiscal year and $135.8 million the following year. The current budget is $128.3 million. The insurmountable problem has been low salaries that drive staff turnover and skyrocketing overtime costs. Those have risen from $4.9 million in 2012 to $9.4 million in 2016 to $12.5 million in the current fiscal year. Too many employees are working two, three and four overtime shifts every week. Friends and family of prisoners need to support higher prison spending during the future House budget hearing.Here is the draft budget: https://www.nh.gov/nhdoc/documents/nhdocpresentationtothehousefinancecommittee01.15.19.pdf

The full Senate meets at 10 a.m. to vote on these two crime bills. 

SB 298-FN, relative to summoning out-of-state witnesses in criminal cases. Recommended Ought to Pass, Vote 5-0. This bill authorizes a procedure to secure the attendance of a witness from the commonwealth of Massachusetts to testify in a criminal matter in this state. Establishing this procedure will make the process easier for prosecutors, public defenders, and private attorneys to get cases resolved, while still protecting the due process rights of witnesses. 

SB 299-FN, requiring good behavior as a condition for release without arrest or bail. Ought to Pass, Vote 5-0.  This bill adds a good behavior requirement to the form of the summons issued in lieu of arrest and as a condition for release without arrest or bail. The implementation of this change will offer more efficiency for our officers and allow for the use of discretion to determine the appropriateness of a summons versus bail.

On Tuesday, March 5

9 a.m. House subcommittee meeting on HB 229 in Room 301 of LOB. We wrote this bill requiring Corrections to get all of its policies reviewed and approved by the Joint Legislative Committee on Administrative Rules. We will ask lawmakers to retain HB 229 for ongoing study, the same thing that happened to our similar prison rulemaking bills in 2017 and 2018. The overall picture is much brighter this time, because Corrections finally promulgated some superb rules for the sex offender treatment program last year. Those are being updated this month and later this spring, and we support what they are doing. The department has also hired a full complement of five teachers and a supervisor, who offer the program much earlier in a prisoner’s sentence. Those changes should help keep 200 inmates from going past their minimum bids each year, as they did from 2013 to 2016.

HOUSE CRIMINAL JUSTICE AND PUBLIC SAFETY, Room 204, LOB 

10:00 a.m. HB 687-FN, relative to extreme risk protection orders.

House Members | Senate Members.

Please direct any questions to Chris Dornin, co-founder, Citizens for Criminal Justice Reform, cldornin@aol.com- (603) 228-9610

Calling all citizens wishing to end the death penalty in New Hampshire. All who come are welcome to testify (or just watch & support) on HB 455, a bill to repeal the death penalty. Please sign in when you arrive (stating your position for or against, and your intention to testify or not). Please prepare 1-minute testimony if you plan to speak.

Dr. Bob, Chairman CCJR
++++++++++

The Criminal Justice Committee hearing for the death penalty repeal bill will be taking place on  Tuesday February 19, just 11 days from today.  We are hoping that this will be the "hearing to end all hearings" and are therefore inviting any and all who wish to speak on this bill in Rep's Hall that day to "come and be heard" (or at least come and listen). The hearing will begin at 10AM, with a vigil beforehand at 9AM outside the State House (please bring signs). The hearing is likely to go all day, with a lunch break sometime in the noon hour. We will have some food and snacks available at the AFSC offices (4 Park St., third floor, right across the street from the State House) during that time. If you have Facebook, you can sign up for the event here (otherwise, please just come.)

We are asking you and all of our members to be as active as possible over the next few weeks, as the bill is likely to come to the House floor for a vote as early as February 7. As you may recall, our goal this year is not to gain a simple majority, but a supermajority of at least 267 yea votes in the House, in order to establish a veto-proof margin. This is why the next few weeks are critically important.

Here's what we are asking you to do to help move the legislature and the public forward on repeal:

1. Write to newspapers

Please write to your local and/or statewide newspapers, with a letter to the editor of 200 words or less, elucidating one or perhaps two of the main death penalty repeal arguments that you feel strongly about (for an overview of the main issues and arguments, see this page on our website). Feel free to use our form on this page to write your letters. Consider writing multiple letters (not exact copies, each should be unique) to different newspapers. 

2. Write to your legislators*

Legislators have no idea that this issue is important unless they hear from you, their constituent.  This is doubly important this year due to the large number of new Reps, many of whom we have learned are not familiar with the death penalty issue. You can use our online tool here* – just enter your contact information and it will show a list of your specific legislators to choose from (select/deselect desired recipients). We have found that handwritten letters or postcards can have the biggest impact on legislators – perhaps it's the power of holding something tangible. You can find your legislators' mailing addresses on the NH General Court Website here: House Members | Senate Members.

3.  Share with your social networks

Please like our Facebook page, share our posts, and share our Facebook event here.  Please follow us on Twitter, and "heart" and retweet our tweets, or post your own tweets and include  the hashtags #deathpenalty, #nhpolitics and #RepealDP2019.

Would you consider taking some time this weekend or coming week, Chris, to get the ball rolling? Because if not you, who? If not now, when? :-)

Let's get repeal done in 2019!

THANK YOU!!!

John-Michael Dumais
Hosted by New Hampshire Coalition to Abolish the Death Penalty

* Please note that our online write-your-legislator tool is in some cases misidentifying legislators for your district. After inputting your contact information, please check to see that the legislators listed are properly your own. You can find a complete list of your legislators by inputting your zip +4 into the search box at https://votesmart.org and then clicking on "State Legislature."  If our online tool has misidentified your legislators, you can always access the contact information for your legislators here: 
House Members | Senate Members.

A message from our Chairman - Dr. Bob
 
This is the time to send in your Membership Dues

We are a 501 (c)(3) non-profit agency and all donations are tax deductible.  We rely solely on membership fees and the gifts of time and finances in order to survive.   We are an all volunteer organization and no one receives a salary or compensation of any kind.  We have regular monthly bills and obligations and we have cost factors in our lobbying efforts. The larger our membership base, the louder our voice!  Membership is your opportunity to be part of that voice!  

With almost 400 members it is an overwhelming task to contact each and every member on their annual renewal date.  To simplify the membership fee system the board voted on March 28, 2017 to implement a new policy.  We are asking every member “to submit their annual membership fee between January 1st and March 31st in order to maintain active member status.  Since we are beyond the renewal window this year we are asking all of our members to send in their renewal fee now. Please take care of this as soon as possible

No gift is too small and every dollar helps. Fees from membership are the major source of funding and help keep the organization going, but we also need people to become regular financial sponsors.  The bottom line is that we need regular ongoing financial help in order to accomplish our goals.  All gifts are tax deductible.

Membership dues and generous donations allow our volunteers to continue the important work of criminal justice reform in New Hampshire.  When members do not renew their dues we suffer financially. Please help us.  To renew your membership click on the icon above and choose the category that applies, Individual, Prisoner, Family or Organization.  In the "Tell Us Where you Heard Us" block, please mention that you are renewing your membership.

Did you know that for a one time gift of $100.00 you can become part of the Life-Time Membership Club?


Membership Levels
  • Prisoner $2.00 per year
  • Individual $10.00 per year
  • Family $20.00 per year
  • Life-Time $100.00
Renew Your Membership Now Click here

If you want to know your join date, or renewal date please contact us membership@ccjrnh.org

 
February2019 - We are always looking for volunteers.  There is at least one opening on the board and several several committee openings. Please click the purple icon to learn about some of the open positions.  Click the blue Become a CCJR Volunteer icon below to email questions and/or volunteer.

There are several positions not posted in the following committees: Membership, Financial and Fundraising, Social Planning & Events, Public Relations, Litigation, Editorial and Public Relations. You can also contact us for specific information. info@ccjrnh.org

 

Help make a difference.
Become a member of CCJR-NH. 
Click here to join.

Yes!! I want to support New Hampshire Citizens for Criminal Justice Reform and become a member today! 

When you join CCJR-NH you support the important work that we do and we keep you updated with newsletters and emails. You will also receive Action Alerts and updates on pending legislation and CCJR-NH campaigns on the local and national level. Your annual membership payment is vital to the ongoing work and effort of Citizens for Criminal Justice Reform.

Membership categories (other than Life-Time) are good for one year and are renewable annually. (Membership status is considered inactive without the payment of annual dues.)

NOTE: Membership lists are held strictly confidential and are tax-deductible.

Renew Your Membership Now Click here
With almost 400 members it is an overwhelming task to contact each and every member on their annual renewal date.  To simplify the membership fee system the board voted on March 28, 2017 to implement a new policy.  We are asking every member “to submit their annual membership fee between January 1st and March 31st in order to maintain active member status.  Since we are beyond the renewal window this year we are asking all of our members to send in their renewal fee now.  Please take care of this as soon as possible.

Membership dues and generous donations allow our volunteers to continue the important work of criminal justice reform in New Hampshire. To renew your membership click on the icon above and choose the category that applies, Individual, Prisoner, Family or Organization.  In the "Tell Us Where you Heard Us" block, please mention that you are renewing your membership.

Did you know that for a one time gift of $100.00 you can become part of the Life-Time Membership Club?

We the People Can - You can help work for smarter crime laws.

Tom Adams, NH CCJR board member

YES – You can make a difference passing fair laws and regulations about crime and the Department of Corrections. Your family members and friends on the outside can improve your life by helping Concerned Citizens for Criminal Justice Reform. Our strength comes from our members and other concerned voters who work for smarter crime laws. Everything starts with the legislative web page: https://www.gencourt.state.nh.us.

Then find the link to your home town representative:
www.gencourt.state.nh.us/house/members/default.aspx

Here you can find your rep’s name, contact information, and assigned house committees. Using the menu at the top of the page, you can also find a bill’s sponsors, its complete text, its assigned committee and the members of that committee. They are responsible for killing or recommending action on bills to the full House of Representatives.

Here’s a link to find your senator: https://gencourt.state.nh.us/sen…/members/senate_roster.aspx

You can quickly find senator’s name, contact information and assigned committees, usually five of them. Using the menu at the top of this page, you can locate a Senate bill’s sponsors, its complete text, its committee and its five members. They suggest action on each bill to the full Senate. Then go to the latest House and Senate calendars which come out every Thursday. They will list the time of every upcoming bill hearing that week and the meeting room. You can also find the website for every piece of legislation, listing future meetings on the bill and the outcomes of past meetings. And we’ll be sending legislative alerts by email to prison family members. Have them check in with us. If you wish to testify on a bill by letter, send your comments to us as soon as possible, and we’ll give them to the right committee members when we testify on bills you care about.

Recent State and Federal Court Action

Michigan Attorney General Dana Nessel filed amicus briefs in the Michigan Supreme Court today in Michigan v. Snyder (Case number 153696) and People v Betts (Case number 148981), arguing that Michigan’s sex offender registration and notification requirements are punishment because they are so burdensome and fail to distinguish between dangerous offenders and those who are not a threat to the community.

“When originally put into place, Michigan’s Sex Offender Registration Act was narrow in scope and specifically designed to be an important law enforcement tool to protect the public from dangerous offenders,” said Nessel.  “But since its enactment, the Act has swelled without any focus on individualized assessment of risk to the community, which makes it increasingly difficult for law enforcement officers to know which offenders to focus on. It also makes it difficult for offenders to rehabilitate and reintegrate into the community because they are limited in where they can live, work or even attend their children’s school functions.”

Nessel also pointed out that public accessibility of the registry has led to shaming, ostracizing, and even bullying of registrants and their families.  Because the registry now allows the public to submit tips on the registry website, the public is essentially encouraged to act as vigilantes, opening the possibility for classmates, work colleagues and community members to be vindictive and retaliatory.

“There are certainly dangerous sexual predators and the public needs to be protected from them,” said Nessel, “but the current requirements are not the way to achieve that goal.”

Amendments to the Act in 2006 and 2011 – especially geographic exclusionary zones and in-person reporting requirements --are onerous restrictions that are not supported by evolving research and best practices related to recidivism, rehabilitation, and community safety.  The Sixth Circuit Court of Appeals recently agreed, holding that Michigan’s SORA is punishment and cannot be applied retroactively.  A number of state supreme courts have struck down their state registry laws on similar grounds.

“Simply put,” said Nessel, “the state Sex Offender Registration Act has gone far beyond its purpose and now imposes burdens that are so punitive in their effect that they negate the State’s public safety justification.”  Read the Amicus brief here: LINK
----

Some Alabama sex offender registration laws are unconstitutional, federal judge rules

A federal district judge has ruled parts of Alabama’s sex offender registration and notification laws are unconstitutional under the First Amendment, court records show.

The order issued on Monday referenced a lawsuit filed in federal court in 2015 that claims Alabama’s sex offender laws, known as the Alabama Sex Offender Registration and Community Notification Act are debilitating, overbroad and too vague to be followed completely.

U.S. District Judge Keith Watkins ruled part of Alabama’s internet reporting requirements and branded identification requirements are unconstitutional.

The specific internet reporting requirements referenced include requirements for sex offenders to provide law enforcement with a list of any and all internet providers used and a list of any email addresses or instant message address or identifiers used, including any designations or monikers used for self-identification in internet communication or postings other than those used exclusively in a lawful commercial transaction. He also called the internet reporting requirements “overbroad.”

Watkins’ ruling also declared unconstitutional the state’s requirement for sex offenders to have a valid driver’s license or other identification card that identifies the person as a sex offender.
READ THE REST OF THE ARTICLE HERE: LINK

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