New Hampshire Revised Statutes
N.H. Rev. Stat. Ann. § 651:19 (2026)
Release for Purpose of Gainful Employment, Rehabilitation, or Home Confinement
✓ current as of May 2026
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651:19 Release for Purpose of Gainful Employment, Rehabilitation, or Home Confinement. –
I. A sentencing court may recommend at the time of sentencing, or the superintendent of the county correctional facility may, at any time during the sentence, allow any person who has been committed to a correctional institution other than state prison under a criminal sentence to be released therefrom for the purpose of obtaining and working at gainful employment, for the performance of uncompensated public service as provided in RSA 651:68-70, under the terms of a day reporting program, provided the correctional facility has a day reporting program, or to serve the sentence under home confinement, provided the correctional facility has a home confinement program.
II. If the sentencing court recommends a person for release and the superintendent determines the person is inappropriate for such release, the court shall be notified and, at the request of the defendant, a hearing may be scheduled.
III. If the sentencing court does not include a recommendation for release pursuant to paragraph I in its order, but at any time during the sentence the superintendent deems such a release to be conducive to the person's rehabilitation, the court and the prosecutor shall be notified and, at the request of the prosecutor, a hearing may be scheduled. The decision of the superintendent for release under this paragraph shall stand unless, following the hearing, the court orders otherwise.
IV. In any case, the defendant shall first serve 14 consecutive days prior to eligibility for home confinement, or for such other purpose as the court or the superintendent may deem conducive to his or her rehabilitation, for such times or intervals of time and under such terms and conditions as the rules and regulations of the correctional facility may allow or as the court may order. Any part of a day spent in the free community, or in home confinement, under such a release order shall be counted as a full day toward the serving of the sentence unless otherwise provided by the court. If a person violates the terms and conditions laid down for his or her conduct, custody, and employment, he or she shall be returned to the correctional facility. The superintendent may then require that the balance of the person's sentence be spent in actual confinement.
I. A sentencing court may recommend at the time of sentencing, or the superintendent of the county correctional facility may, at any time during the sentence, allow any person who has been committed to a correctional institution other than state prison under a criminal sentence to be released therefrom for the purpose of obtaining and working at gainful employment, for the performance of uncompensated public service as provided in RSA 651:68-70, under the terms of a day reporting program, provided the correctional facility has a day reporting program, or to serve the sentence under home confinement, provided the correctional facility has a home confinement program.
II. If the sentencing court recommends a person for release and the superintendent determines the person is inappropriate for such release, the court shall be notified and, at the request of the defendant, a hearing may be scheduled.
III. If the sentencing court does not include a recommendation for release pursuant to paragraph I in its order, but at any time during the sentence the superintendent deems such a release to be conducive to the person's rehabilitation, the court and the prosecutor shall be notified and, at the request of the prosecutor, a hearing may be scheduled. The decision of the superintendent for release under this paragraph shall stand unless, following the hearing, the court orders otherwise.
IV. In any case, the defendant shall first serve 14 consecutive days prior to eligibility for home confinement, or for such other purpose as the court or the superintendent may deem conducive to his or her rehabilitation, for such times or intervals of time and under such terms and conditions as the rules and regulations of the correctional facility may allow or as the court may order. Any part of a day spent in the free community, or in home confinement, under such a release order shall be counted as a full day toward the serving of the sentence unless otherwise provided by the court. If a person violates the terms and conditions laid down for his or her conduct, custody, and employment, he or she shall be returned to the correctional facility. The superintendent may then require that the balance of the person's sentence be spent in actual confinement.
Source. 1971, 518:1. 1994, 192:3. 2000, 307:3. 2003, 237:12. 2007, 149:1. 2013, 277:1, eff. Sept. 22, 2013.
Notes of Decisions
Cited in 9
cases, 1977–2012 · leading case: State v. Campbell, 880 A.2d 397 (N.H. 2005).
State v. Campbell, 880 A.2d 397 (N.H. 2005). “The sentencing court may order that any such offender may serve his or her sentence under home confinement pursuant to RSA 651:19 based on the rules and regulations of the county correctional facility where the sentence is to be served for the minimum mandatory term or any…”
State v. Chrisicos, 960 A.2d 345 (N.H. 2008). “In Campbell, we held that “pursuant to RSA 651:19, sentencing to home confinement under RSA 262:23 may only occur if the applicable correctional facility has a home confinement program.”
State v. DiMaggio, 44 A.3d 468 (N.H. 2012). “On appeal, the defendant contends that, pursuant to RSA 651:19 (Supp. 2011) and RSA 651:19-a (Supp.”
State v. Chrisicos, 986 A.2d 654 (N.H. 2009). “The sentencing court may order that any such offender may serve his or her sentence under home confinement pursuant to RSA 651:19 based on the rules and regulations of the county correctional facility where the sentence is to be served for the minimum mandatory term or any…”
Chatman v. Brady, 33 A.3d 1103 (N.H. 2011). “, RSA 651:19 (2007) (amended 2007); RSA 651:36-a (2007); RSA 651:68 (2007) (amended 2007).”
State v. Linsky, 379 A.2d 813 (N.H. 1977). “We notice in the record of sentencing that one defendant requested “work release,” RSA 651:19, privileges or “to be incarcerated during weekends or at such times or intervals of.”
State v. Philbrick, 499 A.2d 1341 (N.H. 1985). “No person serving the minimum mandatory sentence under this section shall be discharged pursuant to authority granted under RSA 651:18, released pursuant to authority granted under RSA 651:19, or in any manner, except as provided in RSA 623:1, prevented from serving the full…”
State v. Evans, 506 A.2d 695 (N.H. 1985). “RSA 651:19 (sentencing court may for rehabilitative purposes release inmate committed to penal institution other than State prison).”
Milone v. New Hampshire (In Re Milone), 73 B.R. 452 (Bankr. D.N.H. 1987). “Restitution may also be authorized as a condition of any work release program administered under RSA 651:19 or 25. While the debtor reads the statutory provisions as mandating restitution orders in all bad check criminal cases, the New Hampshire courts have not so construed…”
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