Section 622:55 Cost of Care Reimbursement by Inmate. - New Hampshire Statutes

   I. The attorney general shall prepare a form which shall be designed to elicit information from an inmate regarding such person's estate and other pertinent financial information, for the purpose of determining whether such person has sufficient assets to pay all or part of the inmate's cost of care. Such forms shall be provided by the department of justice to the department and to the chief justice of the superior court.
   II. Each inmate shall complete the form under oath when required to do so by the department or the department of justice. Any failure by an inmate to complete such form truthfully shall be considered by the state board of parole in determining whether such inmate should be paroled.
   III. The department shall adopt policies and procedures for determining the cost of care of inmates. The cost of care for any inmate shall not be in excess of the per capita cost of maintaining the inmate in the facility or facilities in which the inmate is or was incarcerated.
   IV. The department shall review each completed form and determine whether the estate of the inmate is sufficient to reimburse the state for all or part of the cost of care of the inmate. The department shall adopt policies and procedures by which such a determination shall be made. The attorney general or the department may also conduct independent investigations as appropriate to determine whether an inmate has sufficient estate to pay for all or part of the cost of care of such inmate.
   V. If the attorney general determines that an inmate possesses a sufficient estate to reimburse the state for all or part of the cost of care of such inmate, the attorney general shall file a petition in superior court. The petition shall state that the person is an inmate, that the department has or shall incur cost of care for the inmate, and that the inmate has a sufficient estate to reimburse the state for all or part of the cost of care of such inmate.
   VI. The petition shall be served upon the inmate. When the court determines that the inmate has been properly notified, the court shall issue an order to show cause why the request of the petitioner should not be granted.
   VII. If the inmate files an objection, the court shall determine at a hearing whether the department has or will incur the cost of care for the inmate. If the court determines that the inmate has a sufficient estate to pay all or part of the cost of care, the court shall determine the amount which shall be paid by the inmate for the cost of care. The amount shall not be in excess of the per capita cost of maintaining inmates in the institution or facility in which the inmate is residing. The court shall order the inmate to pay such payments toward the cost of care as are appropriate under the circumstances. In setting the amount of such payments, the court shall take into consideration and make allowances for any restitution ordered to the victim or victims of a crime which shall take priority over any payments ordered pursuant to this section, and for the maintenance and support of an inmate's spouse, dependent children, or any other persons having a legal right to support and maintenance out of the estate of the inmate. The court shall also consider the financial needs of the inmate for the 6-month period immediately following the inmate's release for the purpose of allowing the inmate to seek employment.
   VIII. If the inmate fails to make any payments as ordered by the court, the attorney general may bring appropriate actions pursuant to RSA 512, for execution and levy of assets of the inmate consistent with the provisions of RSA 480 in the amount necessary to satisfy the unpaid portions of the court's order.

Source. 1995, 296:3, eff. Jan. 1, 1996.