CHAPTER 319
HB 37 – FINAL VERSION
06Mar2007… 0300h
05/31/07 1909s
27Jun2007… 2195cofc
2007 SESSION
04/03
HOUSE BILL 37
This bill:
I. Requires a school administrative unit, school district, or charter school to adopt a policy designating certain categories of volunteers as “designated volunteers” who may be required to undergo a background investigation and a criminal history records check.
II. Allows local law enforcement agencies to notify schools within its jurisdiction of the address of a registered criminal offender.
III. Provides limited liability to a school administrative unit, school district, or charter school for acting in good faith in accordance with a policy on volunteers.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Mar2007… 0300h
05/31/07 1909s
27Jun2007… 2195cofc
07-0067
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to notification requirements for criminal offenders.
Be it Enacted by the Senate and House of Representatives in General Court convened:
319:1 School Boards; School Employee and Volunteer Background Investigations. Amend RSA 189:13-a, VI-VII to read as follows:
VI. This section applies to any employee, selected applicant for employment, [or] designated volunteer [with private businesses and agencies], or volunteer [organizations] organization which [contract] contracts with [school administrative units, school districts, or charter schools] a school administrative unit, school district, or charter school to provide services, including but not limited to cafeteria workers, school bus drivers, custodial personnel, or any other service where the contractor or employees of the contractor provide services directly to students of the district or charter school. The cost for background investigations, including criminal history records checks, for employees or selected applicants for employment with such contractors shall be borne by the contractor.
VII. The school administrative unit, school district, or charter school shall not be required to complete a background investigation or a criminal history records check on volunteers, provided[, however,] that the governing body of a school administrative unit, school district, or charter school [may] shall adopt a policy designating certain categories of volunteers as “designated volunteers” who may be required to undergo a background investigation and a criminal history records check.
319:2 Registration of Criminal Offenders; Release of Certain Sexual Offenders into the Community. Amend RSA 651-B:3 to read as follows:
651-B:3 Release of Certain Sexual Offenders Into the Community; Duties.
I. Upon release of any sexual offender or offender against children required to register, whether on probation, parole, conditional or unconditional release, completion of sentence, release from secure psychiatric care, release into the community after involuntary commitment, release from a juvenile detention facility, or for any other reason, the official in charge of such release shall notify the offender of the offender’s duty to report under this chapter. The offender shall acknowledge in writing that he has received such notice. The official shall obtain the address at which the offender expects to reside upon release and shall report such address to the department. The department shall inform the local law enforcement agency in the city or town where the offender expects to reside. The local law enforcement agency in the city or town where the offender expects to reside may notify the superintendent of the school administrative unit and the principal of any school within its jurisdiction of the address at which the offender expects to reside. If such notification occurs, the local law enforcement agency shall also notify the superintendent of the school administrative unit and the principal of any school within its jurisdiction of any changes to the offender’s information made pursuant to RSA 651-B:5. The division shall enter the information concerning the offender’s release and notification in the LENS system.
II. Upon receipt from any out-of-state law enforcement agency of information that a sex offender or offender against children has moved to New Hampshire, the department shall obtain the address at which the offender expects to reside and shall inform the local law enforcement agency. The local law enforcement agency in the city or town where the offender expects to reside may notify the superintendent of the school administrative unit and the principal of any school within its jurisdiction of the address at which the offender expects to reside. The department shall locate and shall serve notice upon such offender of the offender’s duty to report under this chapter. Service by the department is not required if the offender has already registered with the local law enforcement agency in which the offender resides or is located as required by this chapter. At the time of the initial registration, the offender shall acknowledge in writing that the offender has received notice of the duty to report. The division shall enter the information concerning the offender’s location in New Hampshire and notification in the LENS system. This paragraph shall not apply to a sexual offender or offender against children who has moved to New Hampshire and has registered with a local law enforcement agency.
III. Semi-annually, the department shall verify the address at which the offender resides by sending a letter by certified non-forwarding mail to the offender. The address verification shall be sent to the offender prior to the offender’s birthday and again prior to the offender’s 6-month semi-annual registration. The address verification shall remind the offender of the obligation to register in person on a semi-annual basis. The offender shall sign the letter and return it to the department within 10 business days of receipt. If the offender’s mailing address is to a post-office box, the department shall deliver by other means as determined by the department a letter to the offender’s residence. The offender shall sign and return the letter within 10 business days of receipt.
319:3 Registration of Criminal Offenders; Change of Residence, Name, or Alias. Amend RSA 651-B:5 to read as follows:
651-B:5 Change of Residence, Name, or Alias[, or Address]; Duty to Inform.
I. When any person required to be registered under RSA 651-B changes any information the person is required to report pursuant to this chapter the person shall give written notification of the new information to the local law enforcement agency to which he or she last reported under RSA 651-B:4 within 5 business days of such change of information. Such notice shall not relieve the person of the duty to report under RSA 651-B:4 at the new place of residence, employment, or schooling. The local law enforcement agency receiving such notice shall forward a copy to the division within 3 days after receipt. The division shall notify the local law enforcement agency at the new place of residence, employment, or schooling, or the appropriate out-of-state law enforcement agency if the new place of residence, employment, or schooling is outside New Hampshire. The division shall include any new information in the LENS system.
II. The local law enforcement agency in the city or town where the offender resides may notify the superintendent of the school administrative unit and the principal of any school within its jurisdiction of a new place of residence, a change of name, or a change of an alias, of a person required to be registered under this chapter.
319:4 New Paragraph; School Boards; School Employee and Volunteer Background Investigations. Amend RSA 189:13-a by inserting after paragraph VII the following new paragraph:
VIII. A school administrative unit, school district, charter school, or school official acting pursuant to a policy establishing procedures for certain volunteers shall be immune from civil or criminal liability, provided the school administrative unit, school district, charter school, or school official has in good faith acted in accordance with said policy. Nothing in this paragraph shall be deemed to grant immunity to any person for that person’s reckless or wanton conduct.
319:5 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 16, 2007
Effective: September 14, 2007