NHACDL Opposes Proposed Senate Bill 15 and the Hard Labor Amendment

The Senate will be considering Senate Bill 15 at the end of this month or in February. Coming out of the House, this bill now includes a provision for sentencing certain defendants to "hard labor" following conviction. NHACDL opposes this bill for the following reasons:

The bill uses vague terms like "especially heinous" and "deliberate cruelty." These are not objective legal metrics; they are emotional labels that lead to inconsistent sentencing and frequent successful appeals. By explicitly defining labor as punitive rather than rehabilitative, New Hampshire is inviting federal civil rights litigation. Requiring a non-unanimous jury to impose the state's most severe "hard labor" penalty breaks from the fundamental principle of unanimity required in all other major criminal verdicts.

Forcing certain offenders into involuntary physical labor removes the primary incentive for good behavior. This creates a more volatile environment for correctional officers. There will also be an increased workload and expense on the corrections system with officers required to transport and monitor these offenders. Most offenders at the NH State Prison already work and have a desire to do so.

SB 15 mandates a separate, bifurcated sentencing hearing. These "mini-trials" will require additional expert witnesses and mitigation specialists, doubling the length and cost of the state’s most expensive cases.

There is no evidence that punitive labor reduces recidivism or deters future crime. It is a purely performative measure that costs taxpayers millions in litigation and increased correctional security without improving public safety.

Please contact your representatives and tell them to vote NO on SB 15.