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Do you support legislation that would send parole violators who are drug addicts into rehab instead of back to jail?

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A bill currently being considered by the NH Legislature, HB 143, would give the adult parole board the option of suspending the jail sentence of someone who violated their parole, if he or she “enters and successfully completes a residential or intensive outpatient substance abuse treatment program deemed acceptable by the board.”

Current policy on parole violations

Currently, there is a standard minimum jail sentence of 90 days for violating parole. The parole board is allowed to make an exception to that rule under certain circumstances:

  • The violator can’t be someone who committed a sex crime or violent crime;
  • It has to be a first parole violation;
  • The offense that violated their parole can’t be related to the offenses that got them sentenced in the first place.

A blanket provision giving the parole board discretion if it determines that a shorter jail sentence will “aid in rehabilitation” is also on the state law books.

An exception for drug treatment

The Senate Judiciary Committee is recommending the Senate pass a bill to add undergoing an approved drug rehab program to the list of reasons the parole board might issue a shorter or suspended sentence.

The bill, HB 143, is a holdover from the 2017 legislative session. The House passed a version of the bill that gave the parole board more discretion over parole in general. If the Senate passes the amended version, related to drug rehab programs, HB 143 will return to the House for a final vote.

Concerns about public safety

Opponents call the bill a threat to public safety.

“We arrest bad people and put them in jail. It’s your realm to decide whether they get out or not, but we are not in favor of allowing people to break the law and then be allowed to stay free because they allegedly have a drug problem,” Steve Arnold, state director of the New England Police Benevolent Association. He made his comments at a recent administrative meeting of the parole board.

Treatment is better than jail

Supporters of the measure say it is better to get these individuals treatment than to warehouse them in jail for 90 days.

“Do you want to have someone sent back to the community who has had treatment or no treatment? This is an opportunity to get them treatment,” said Adult Parole Board Chair Donna Sytek.

What do you think? Should the parole board have the ability to send a parole violator with a drug problem to rehab instead of jail? Let us know in the comments below.

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