INVOLUNTARY CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS

RSA tit. X, ch. 135-E

in effect

RSA 135-E:1 Findings and Intent.

135-E:1. Findings and Intent. The general court finds that a small but extremely dangerous number of sexually violent predators exist who have antisocial personality features which are unamenable to existing mental illness treatment modalities, and those features render them likely to engage in criminal, sexually violent behavior. The general court further finds that the likelihood of sexually violent predators engaging in repeat acts of predatory sexual violence is high. The existing involuntary commitment procedures for the treatment and care of mentally ill persons are inadequate to address the risk these sexually violent predators pose to society. The general court further finds that the prognosis for rehabilitating sexually violent predators in a prison setting is poor, the treatment needs of this population are very long term, and the treatment modalities for this population are very different from the traditional treatment modalities for people appropriate for commitment under existing law. It is therefore the intent of the general court to create a civil commitment procedure for the long-term care and treatment of sexually violent predators. This procedure primarily targets individuals who are nearing completion of their maximum sentence of imprisonment, having been refused parole, who pose a high risk of repeated acts of predatory behavior if released to the community. Source. 2006, 327:21. 2010, 287:1, eff. July 13, 2010.

RSA 135-E:2 Definitions.

135-E:2. Definitions. In this chapter: I. "Agency with jurisdiction" means the agency that releases, upon lawful order or authority, a person who is serving a sentence in the custody of the department of corrections, or a person who was involuntarily committed upon a finding that the person was not guilty by reason of insanity or incompetent to stand trial. II. "Commissioner" means the commissioner of the department of corrections. III. "Convicted of a sexually violent offense" means a person who has been: (a) Adjudicated guilty of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere; (b) Adjudicated not guilty by reason of insanity of a sexually violent offense; or (c) Found incompetent to stand trial on a charge of a sexually violent offense and the court makes the finding required pursuant to RSA 135-E:5. IV. "Court" means the superior court in the county where that person was last convicted of a sexually violent offense, or if the person is in custody on an out-of-state or federal sexually violent offense the county where the person plans to reside upon release or, if no residence in this state is planned, in the county where the facility from which the person to be released is located. V. "Department" means the department of corrections. VI. "Likely to engage in acts of sexual violence" means the person's propensity to commit acts of sexual violence is of such a degree that the person has serious difficulty in controlling his or her behavior as to pose a potentially serious likelihood of danger to others. VII. "Mental abnormality" means a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses. VIII. "Parole board" means the adult parole board established in RSA 651-A:3. IX. "Person" means an individual 18 years of age or older who is a potential or actual subject of proceedings under this chapter. X. "Sexually motivated" means that one of the purposes for which the defendant committed the crime was for sexual gratification. XI. "Sexually violent offense" means: (a) Capital murder in violation of RSA 630:1, I(e); (b) First degree murder in violation of RSA 630:1-a, I(b)(1); (c) Aggravated felonious sexual assault in violation of RSA 632-A:2; (d) Felonious sexual assault in violation of RSA 632-A:3, III; (e) Kidnapping in violation of RSA 633:1, I(d), where the offender confined the victim with the purpose to commit sexual assault against the victim; (f) Burglary in violation of RSA 635:1, I, where the offender entered a building or occupied structure with the purpose to commit sexual assault; (g) An attempt, criminal solicitation, or conspiracy, to commit any of the offenses listed above; or (h) A violation of any other statute prohibiting the same conduct as the offenses listed above in another state, territory, or possession of the United States. XII. "Sexually violent predator" means any person who: (a) Has been convicted of a sexually violent offense; and (b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment. XIII. "Total confinement" means that the person is being held in any physically secure facility being operated by or contractually operated for the department of corrections. A person shall also be deemed to be in total confinement for applicability of provisions under this chapter if the person is serving an incarcerative sentence under the custody of the department of corrections. A person is not subject to total confinement if the person is subject to an incarcerative sentence or other custody in a secure facility but has contact with the community, such as through work release, a halfway house, or other supervised or unsupervised release into the community. Source. 2006, 327:21. 2007, 337:1, 2. 2010, 287:2, eff. July 13, 2010.

RSA 135-E:3 Notice to County Attorney or Attorney General; Multidisciplinary Teams Established.

135-E:3. Notice to County Attorney or Attorney General; Multidisciplinary Teams Established. I. The commissioner of the department of health and human services, or designee, shall establish a multidisciplinary team or teams, each of which shall include, but is not limited to, 2 licensed psychiatrists or psychologists or one licensed psychiatrist and one licensed psychologist each of whom has specialized training or experience in the area of treatment and diagnosis of sex offenders. The attorney general shall serve as legal counsel to the multidisciplinary team. The purpose of the team shall be to evaluate whether persons convicted of a sexually violent offense who are eligible for release from total confinement meet the definition of a sexually violent predator. II. When a person who has committed a sexually violent offense is to be released from total confinement in New Hampshire, the agency with jurisdiction over the person shall give written notice to the person and the county attorney of the county where that person was last convicted of a sexually violent offense, or attorney general if the case was prosecuted by the attorney general. If the person is in custody on an out-of-state or federal sexually violent offense, the agency with jurisdiction shall give written notice to the person and the county attorney of the county where the person plans to reside upon release or, if no residence in this state is planned, the county attorney in the county where the facility from which the person to be released is located or to the attorney general if the person has been convicted of murder. Except as provided in RSA 135-E:4, the written notice shall be given at least 9 months prior to the potential release except that in the case of persons who are totally confined for a period of less than 9 months, written notice shall be given as soon as practicable. III. Within 45 days of receipt of such notice, if there is an articulable basis to believe that the person is likely to engage in acts of sexual violence, either the county attorney, attorney general, or the agency with jurisdiction may request that the multidisciplinary team assess and evaluate the person to determine whether the person is a sexually violent predator. If the county attorney, attorney general, or the agency with jurisdiction over the person to be assessed requests an assessment by the multidisciplinary team, the court shall appoint legal counsel to represent the person before any interview or personal examination of the person is conducted by the multidisciplinary team. The person to be assessed shall bear the cost of legal services associated with any proceedings under this section. If the person to be assessed is unable to pay for counsel, the court shall appoint counsel pursuant to RSA 604-A:2. IV. If a request to assess and evaluate a person is made pursuant to paragraph III, the agency with jurisdiction shall provide the multidisciplinary team with the following information: (a) The person's name, identifying characteristics, anticipated future residence, the type of supervision the person will receive in the community, if any, and the person's offense history; (b) The person's criminal history, including police reports, victim statements, pre-sentence investigation reports, post-sentence investigation reports, if available, and any other documents containing facts of the person's criminal incidents; (c) Mental health, mental status, and medical records, including all clinical records and notes concerning the person; (d) Documentation of institutional adjustment and any treatment received; and (e) If the person was returned to custody after a period of supervision, documentation of adjustment during supervision and any treatment received. V. (a) The multidisciplinary team shall assess and evaluate each person referred to the team. The assessment and evaluation shall include a review of the person's institutional history and treatment record, if any, the person's criminal background, and any other factor that is relevant to the determination of whether such person is a sexually violent predator. (b) Before concluding the evaluation, the multidisciplinary team shall offer the person being evaluated a personal interview. If the person agrees to participate in a personal interview, at least one member of the team who is a licensed psychiatrist or psychologist shall conduct the interview. If the person refuses to fully participate in a personal interview, the multidisciplinary team may proceed with its recommendation without a personal interview of the person. (c) Within 4 months after receiving the request for an assessment and evaluation, the department of health and human services shall provide to the county attorney or attorney general, and to the attorney representing the person, a written report of the multidisciplinary team's findings as to whether the person meets the definition of a sexually violent predator. VI. Records, reports, and proceedings of the multidisciplinary team shall be confidential and shall be exempt from the provisions of RSA 91-A, except as provided in RSA 135-E:15. Source. 2006, 327:21. 2007, 337:3, 10. 2009, 306:10, 11. 2010, 247:14; 287:3-6. 2011, 244:4, eff. July 13, 2011. 2021, 48:1, eff. May 25, 2021.

RSA 135-E:4 Release From Total Confinement; Transfers; Petition to Hold in Custody.

135-E:4. Release From Total Confinement; Transfers; Petition to Hold in Custody. I. In the event that a person who has been convicted of a sexually violent offense is eligible for immediate release upon completion of the maximum term of incarceration, the agency with jurisdiction shall provide immediate notice to the county attorney or attorney general of the person's release. The county attorney or attorney general or the agency with jurisdiction may file a petition for an emergency hearing in the superior court requesting that the person subject to immediate release be evaluated by the multidisciplinary team to determine whether the person is a sexually violent predator. The hearing shall be held within 24 hours of the filing of the petition, excluding Saturdays, Sundays, and holidays. The person shall not be released from total confinement until after the hearing has been held. At the hearing, the court shall determine whether there is probable cause to believe that the person is a sexually violent predator. If the court finds probable cause, the person shall be held in an appropriate secure facility. II. Within 72 hours after finding probable cause, excluding Saturdays, Sundays, and holidays, the multidisciplinary team shall assess whether the person meets the definition of a sexually violent predator. If the multidisciplinary team determines that the person does not meet the definition of a sexually violent predator, the department of health and human services shall provide notice to the county attorney or attorney general and that person shall be immediately released. If the multidisciplinary team determines that the person meets the definition of a sexually violent predator, the team shall provide the county attorney or attorney general with its written assessment and recommendation within the 72-hour period or, if the 72-hour period ends on a weekend or holiday, within the next business day thereafter. III. Within 48 hours after receipt of the written assessment and recommendation from the multidisciplinary team, excluding Saturdays, Sundays, and holidays, the county attorney or attorney general may file a petition with the superior court alleging that the person is a sexually violent predator and stating facts sufficient to support such allegation. If a petition is not filed within the prescribed time period by the county attorney or attorney general, the person shall be immediately released. If a petition is filed pursuant to this section, the person shall be held in an appropriate secure facility for further proceedings in accordance with this chapter. IV. A person shall be released if the multidisciplinary team or the county attorney or attorney general do not comply with the time limitations in this section. Failure to comply with the time limitations, which results in the release of a person who has been convicted of a sexually violent offense, is not dispositive of the case and does not prevent the county attorney or attorney general from filing a petition against a person otherwise subject to the provisions of this chapter. Notwithstanding RSA 135-E:24, II, the court shall not consider any petition filed more than 6 months after the person's release from incarceration unless the timing of the petition is due to newly discovered material facts, which shall be alleged in the petition. Source. 2006, 327:21. 2007, 337:4. 2009, 306:8, 12. 2010, 247:15, eff. Sept. 1, 2010 at 12:01 a.m. 2021, 48:2, eff. May 25, 2021.

RSA 135-E:5 Persons Found Incompetent to Stand Trial.

135-E:5. Persons Found Incompetent to Stand Trial. I. If the county attorney or attorney general seeks to civilly commit a person charged with a sexually violent offense and found incompetent to stand trial, the court shall order the person to remain in custody for a reasonable period of time, not to exceed 90 days, for proceedings pursuant to this section. II. The court shall first hear evidence and determine whether the person did commit the act or acts charged. The hearing on this issue shall comply with all the procedures specified in this section. After hearing evidence on this issue, the court shall make specific findings on whether the person did commit the act or acts charged beyond a reasonable doubt. In determining whether the state has met its burden, the court shall consider the extent to which the person's incompetence or developmental disability affected the outcome of the hearing, including the person's ability to assist his or her counsel by recounting the facts, identifying witnesses, testifying in his or her own defense, or providing other relevant information or assistance to counsel or the court. If the person's incompetence substantially interferes with the person's ability to assist his or her counsel, the court shall not find the person committed the act or acts charged unless the court can conclude beyond a reasonable doubt that the acts occurred, and that the strength of the state's case, including physical evidence, eyewitness testimony, and corroborating evidence, is such that the person's limitations could not have had a substantial impact on the proceedings. If, after the conclusion of the hearing, the court finds, beyond a reasonable doubt, that the person did commit the act or acts charged, the court shall enter a final order, appealable to the supreme court on that issue. If the person appeals, the person shall be held in an appropriate secure facility. If the person does not appeal or if the appeal is unsuccessful, the court shall proceed as specified in this section. III. Within 90 days after the court finds that the person committed the act or acts charged or after appeal, the multidisciplinary team shall conduct an evaluation pursuant to the procedures outlined in RSA 135-E:3 to determine whether the person meets the definition of a sexually violent predator and the department of health and human services shall provide to the county attorney or attorney general a written report of the multidisciplinary team's findings as to whether the person meets the definition of a sexually violent predator. Source. 2006, 327:21. 2007, 337:5, eff. Jan. 1, 2008.

RSA 135-E:6 Petition; Contents.

135-E:6. Petition; Contents. If the multidisciplinary team finds the person meets the definition of a sexually violent predator, the county attorney or attorney general may file a petition within 14 days with the superior court alleging that the person is a sexually violent predator and stating facts sufficient to support such allegation. At the time of the filing, and in lieu of the court issuing a summons, the county attorney or attorney general shall forward a copy of the petition to the person who is the subject of the petition, or to that person's attorney if one was appointed to represent the person pursuant to RSA 135-E:23. If the county attorney or attorney general does not file a petition within 14 days, and the person is otherwise subject to release, the person shall be released. Source. 2006, 327:21. 2009, 306:13. 2014, 204:6, eff. July 11, 2014.

RSA 135-E:7 Determination of Probable Cause.

135-E:7. Determination of Probable Cause. I. When the county attorney or attorney general files a petition seeking to have a person declared a sexually violent predator, within 10 days of the filing of the petition, the court shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the court determines based on the content of the petition that there is probable cause to believe that the person is a sexually violent predator, the court shall order that the person remain in custody and be held in an appropriate secure facility for further proceedings in accordance with this chapter. The court shall schedule a preliminary pre-trial conference within 10 business days of its probable cause determination. II. If the offender's incarcerative sentence expires before a hearing on the merits of a petition for civil commitment pursuant to this chapter, the court shall conduct a probable cause hearing within 2 days of the expiration of the person's incarcerative sentence. If the court concludes following the hearing that there is probable cause to believe that the person is a sexually violent predator, the court shall order that the person remain in custody and held in an appropriate secure facility for further proceedings in accordance with this chapter. III. A probable cause hearing shall not be required under this section if the court has already made a probable cause determination pursuant to RSA 135-E:4, I. Source. 2006, 327:21. 2009, 306:14, eff. July 31, 2009.

RSA 135-E:8 Contract Authority.

135-E:8. Contract Authority. The department may contract with a private entity or state agency for use of and operation of facilities to comply with the requirements of this chapter. Source. 2006, 327:21, eff. Jan. 1, 2007.

RSA 135-E:9 Trial; Procedure.

135-E:9. Trial; Procedure. I. The person or the county attorney or attorney general has the right to demand that the trial be before a jury. A demand for a jury trial must be filed, in writing, no later than 30 days after the finding of probable cause. If no demand is made, the trial shall be to the court. At all adversarial proceedings under this chapter, the person subject to this chapter is entitled to the assistance of appointed counsel if the person is indigent. II. Within 60 days after the court's initial determination of probable cause, or, in cases where a jury trial has been elected, 60 days after the election of a jury trial, the court shall conduct a trial to determine whether the person is a sexually violent predator. III. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the interests of justice, when the person will not be substantially prejudiced by the delay. IV. The person may retain experts or mental health professionals to perform an examination. If the person wishes to be examined by a professional of the person's own choice, the examiner shall be provided reasonable access to the person, as well as to all relevant medical and mental health records and reports. In the case of a person who is indigent, the court, upon the person's request, shall appoint experts or authorize other services pursuant to RSA 604-A:6. If the defendant retains an expert to perform a mental health examination, the person shall also submit to an examination by an expert of the state's choosing. If the person refuses to submit to an examination by the state's expert the court shall prohibit the person's mental health experts from testifying concerning any mental health tests, evaluations, or examinations of the person. Source. 2006, 327:21, eff. Jan. 1, 2007.

RSA 135-E:10 Rules of Procedure and Evidence.

135-E:10. Rules of Procedure and Evidence. In all civil commitment proceedings for sexually violent predators under this chapter: I. The rules of evidence, the doctor-patient privilege under RSA 329:26, privileged communications pursuant to RSA 330-A:32, or other similar statutes or rules shall not apply in proceedings under this chapter. II. The court may consider evidence of the person's prior conduct if such evidence is relevant to the issue of whether the person is a sexually violent predator. III. Reports by a member of the multidisciplinary team or reports provided on behalf of the multidisciplinary team shall be inadmissible in proceedings under this chapter unless the court finds the report's probative value substantially outweighs its prejudicial effect. IV. Notwithstanding the general inapplicability of the rules of evidence, hearsay evidence is not admissible unless it falls within one of the recognized exceptions to the hearsay rule or unless the court finds that the hearsay evidence contains circumstantial guarantees of trustworthiness and the declarant is unavailable to testify at the civil commitment proceedings. Hearsay evidence shall not be used as the sole basis for committing a person under this chapter. Source. 2006, 327:21, eff. Jan. 1, 2007.

RSA 135-E:11 Determination.

135-E:11. Determination. I. The state shall have the burden of proving by clear and convincing evidence that the person is a sexually violent predator. If the determination is made by a jury, the verdict shall be unanimous. If the jury is unable to reach a unanimous verdict, the court shall declare a mistrial. If the court declares a mistrial, the county attorney or attorney general may refile the petition and proceed according to the provisions of this chapter. Any retrial shall occur within 90 days after the previous trial, unless the subsequent proceeding is continued in accordance with RSA 135-E:9, III. II. If the court or jury determines that the person is a sexually violent predator, upon the expiration of the incarcerative portion of all criminal sentences and disposition of any detainers other than detainers for deportation by the United States Bureau of Citizenship and Immigration Services, the person shall be committed to the custody of the department of corrections for control, care, and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person no longer poses a potentially serious likelihood of danger to others. Persons who are detained or committed under this chapter shall be held at the secure psychiatric unit of the New Hampshire state prison or other appropriate facility controlled or contracted by the department of corrections if available. An order committing a person shall be valid for up to 5 years. III. The determination that a person is a sexually violent predator may be appealed. The public defender shall be appointed to represent the person on appeal if the person is indigent. Source. 2006, 327:21, eff. Jan. 1, 2007.

RSA 135-E:12 Examinations; Release of Committed Persons.

135-E:12. Examinations; Release of Committed Persons. I. Prior to the expiration of the initial commitment order or any recommittal order, the county attorney or attorney general may file a petition to recommit the person. II. If the state petitions to renew the committal, the court shall hold a hearing. The person is entitled to be present and is entitled to the benefit of all procedural protections afforded the person at the initial trial, except for the right to a jury. The state has the right to have the person examined by professionals chosen by the state. At the hearing, the state bears the burden of proving, by clear and convincing evidence, that the person remains a sexually violent predator. Any recommittal order shall be valid for a period of up to 5 years. Source. 2006, 327:21, eff. Jan. 1, 2007.

RSA 135-E:13 Authorized Petition for Release.

135-E:13. Authorized Petition for Release. I. If the commissioner, or designee, at any time determines that the person is not likely to commit acts of sexual violence if discharged, the commissioner or his or her designee shall notify the court and the court shall hold a hearing. The petition shall be served upon the court and the county attorney or attorney general. The court, upon receipt of such notice, shall schedule a hearing within 60 days, unless continued for good cause. II. The county attorney or attorney general shall represent the state, and has the right to have the person examined by professionals of the county attorney's or attorney general's choice. The state bears the burden of proving, by clear and convincing evidence, that the person remains a sexually violent predator. Source. 2006, 327:21, eff. Jan. 1, 2007.

RSA 135-E:14 Petitions for Release.

135-E:14. Petitions for Release. A person may file a petition for discharge at any time after commitment under this chapter without the approval of the commissioner, or his or her designee. Notice of the petition shall be provided to the commissioner and to the county attorney or attorney general. After reviewing the petition filed by the person the court may request the commissioner or county attorney or attorney general to respond to the petition. The commissioner or county attorney or attorney general is not required to respond to a petition filed pursuant to this section unless ordered to do so by the court. If the court determines that appointment of counsel may assist in an appropriate resolution of the petition, and the person is indigent, the court shall appoint counsel to represent the person. If the court determines that the petition is without merit on its face, the court may deny the petition without a hearing. Source. 2006, 327:21, eff. Jan. 1, 2007.

RSA 135-E:15 Release of Records.

135-E:15. Release of Records. I. In order to protect the public, relevant information and records that are otherwise confidential or privileged shall be released to the agency with jurisdiction, to a multidisciplinary team, or to the county attorney or attorney general for the purpose of meeting the notice requirements of this chapter and determining whether a person is or continues to be a sexually violent predator. Restrictions on confidential or privileged communications pursuant to RSA 329:26, RSA 330-A:32, RSA 329-B, or any other statute establishing similar restrictions on confidential or privileged communications shall not apply to releases made under this chapter. A person, agency, or entity receiving information under this section which is confidential shall maintain the confidentiality of that information. Such information does not lose its confidential status due to its release under this section. II. Psychological or psychiatric reports, drug and alcohol reports, treatment records, medical records, pre-sentence investigative reports, or victim impact statements that have been submitted to the court or admitted into evidence under this chapter shall be part of the record but shall be sealed and may be opened only pursuant to a court order. III. A report of the multidisciplinary team shall be available to the public only after the court has determined that probable cause exists pursuant to RSA 135-E:7. Source. 2006, 327:21. 2007, 337:11, 12. 2010, 287:7. 2012, 233:8, eff. July 1, 2013.

RSA 135-E:16 Constitutional Requirements.

135-E:16. Constitutional Requirements. The long-term control, care, and treatment of a person committed under this chapter shall conform to constitutional requirements. Source. 2006, 327:21, eff. Jan. 1, 2007.

RSA 135-E:17 Immunity From Civil Liability.

135-E:17. Immunity From Civil Liability. The agency with jurisdiction and its officers and employees; the department and its officers and employees; members of the multidisciplinary team; the department of health and human services and its officers and employees; the county attorney or attorney general and the county attorney's or attorney general's employees; and those involved in the evaluation, care, and treatment of sexually violent persons committed under this chapter are immune from any civil liability for good faith conduct under this chapter. Source. 2006, 327:21. 2007, 337:6, eff. Jan. 1, 2008.

RSA 135-E:18 Severability.

135-E:18. Severability. If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the unconstitutional provisions or applications of this chapter are severable. Source. 2006, 327:21, eff. Jan. 1, 2007.

RSA 135-E:19 Applicability.

135-E:19. Applicability. This chapter applies retroactively to all persons in custody as of the effective date of this statute who have been convicted of a sexually violent offense, as well as prospectively. Source. 2006, 327:21, eff. Jan. 1, 2007.

RSA 135-E:20 Notice Requirements.

135-E:20. Notice Requirements. I. No later than 30 days prior to the release of a sexually violent predator, the department shall give written notice of the person's release to the victim advocate for the county in which the person was prosecuted, and to the extent possible the victim or the victim's family shall be notified. II. The parole board shall be immediately notified of the release of a sexually violent predator who has an active or pending term of parole, conditional release, or other postprison release supervision that is administered by the parole board. Source. 2006, 327:21. 2007, 337:7, eff. Jan. 1, 2008.

RSA 135-E:21 Escape.

135-E:21. Escape. I. A person who escapes or attempts to escape from lawful custody pursuant to this chapter is guilty of a class A felony. II. If a person escapes while in custody pursuant to this chapter, the department shall immediately notify the victim and the county attorney or attorney general that filed the petition for civil commitment. The parole board shall be immediately notified of an escape if the escapee has an active or pending term of parole, conditional release, or other postprison release supervision that is administered by the parole board. Source. 2006, 327:21. 2007, 337:8, eff. Jan. 1, 2008.

RSA 135-E:22 Rules.

135-E:22. Rules. The department of health and human services, in consultation with the department, shall adopt rules, pursuant to RSA 541-A, relative to: I. The designation of secure facilities for sexually violent predators who are subject to involuntary commitment under this chapter. II. The components of the basic treatment plan for all committed persons under this chapter. III. Procedures to be followed by members of the multidisciplinary teams when assessing and evaluating persons subject to this chapter. IV. Education and training requirements for members of the multidisciplinary teams and professionals who assess and evaluate persons under this chapter. V. The protocol for informing a person that he or she is being evaluated to determine whether he or she is a sexually violent predator under this chapter. Such protocol shall include procedures for informing the person of the right to refuse to participate in a personal interview with the multidisciplinary team or members thereof, the right to consult with counsel prior to participating in such an interview, and the right to have counsel appointed if the person is indigent. Source. 2006, 327:21. 2007, 337:9, eff. Jan. 1, 2008.

RSA 135-E:23 Appointment of Counsel.

135-E:23. Appointment of Counsel. The right of a person sought to be committed as a sexually violent predator to legal counsel prior to and during any judicial hearing conducted under this chapter shall be absolute and unconditional. The right to legal counsel for any person sought to be committed during any judicial proceeding conducted under this chapter shall be waived only if the client or person sought to be committed makes an informed decision to do so. The person sought to be committed shall pay the costs of the legal services in connection with hearings held under this chapter. If the person sought to be committed is unable to pay for counsel, the court shall appoint counsel pursuant to RSA 604-A:2. Such appointment shall be made no later than upon the filing of the petition and shall be made upon request of the person before any interview or personal examination of the person is conducted by the multidisciplinary team or other person in preparation for the filing of a petition. Source. 2006, 327:21, eff. Jan. 1, 2007.

RSA 135-E:24 Time Limits.

135-E:24. Time Limits. I. A court may extend any time limit set forth in this chapter, upon request, for good cause shown. II. The time limits set forth in this chapter are not intended to be jurisdictional. Failure to comply with a time limit prior to the expiration of the person's incarcerative sentence shall not constitute a basis for dismissal of a petition. III. If the proceedings under this chapter have not been completed by the expiration of the person's incarcerative sentence, the court shall make a probable cause determination no later than 2 days after the expiration date, pursuant to RSA 135-E:7. If no such determination is made, the person shall be released. The county attorney or attorney general may file an emergency petition for a probable cause determination. Upon receipt of the emergency petition, the court shall immediately schedule a probable cause hearing. If the court determines that there is probable cause to believe that the person is a sexually violent predator, the person shall be held in an appropriate secure facility for further proceedings under RSA 135-E:9. IV. Notwithstanding paragraph III, except as provided in RSA 135-E:4, no petition shall be filed later than 60 days prior to the person's release from incarceration, except for good cause shown. Source. 2009, 306:9, eff. July 31, 2009.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-X-135-E.htmFetched: 10/20/2026