CHAPTER 337
SB 66 – FINAL VERSION
04/12/07 1061s
04/12/07 1252s
16May2007… 1453h
06/27/07 2312eba
2007 SESSION
04/05
SENATE BILL 66
AN ACT relative to involuntary civil commitment of sexually violent predators and relative to payment of the sex offender registration fee by criminal offenders.
SPONSORS: Sen. Foster, Dist 13; Sen. Clegg, Dist 14; Rep. Welch, Rock 8; Rep. W. Knowles, Straf 6
This bill divides certain responsibilities for involuntary civil commitment of sexually violent predators between the departments of corrections and health and human services and provides that the sex offender registry fee shall be collected twice per year by the department of safety.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
04/12/07 1061s
04/12/07 1252s
16May2007… 1453h
06/27/07 2312eba
07-1221
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seven
AN ACT relative to involuntary civil commitment of sexually violent predators and relative to payment of the sex offender registration fee by criminal offenders.
Be it Enacted by the Senate and House of Representatives in General Court convened:
337:1 Involuntary Civil Commitment of Sexually Violent Predators; Definitions. Amend RSA 135-E:2, II to read as follows:
II. “Commissioner” means the commissioner of the department of [health and human services] corrections.
337:2 Involuntary Civil Commitment of Sexually Violent Predators; Definitions. Amend RSA 135-E:2, V to read as follows:
V. “Department” means the department of [health and human services] corrections.
337:3 Involuntary Civil Commitment of Sexually Violent Predators; Notice. Amend RSA 135-E:3, I to read as follows:
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.
337:4 Involuntary Civil Commitment of Sexually Violent Predators; Release From Total Confinement. Amend RSA 135-E:4, II to read as follows:
II. Within 72 hours after finding probable cause, 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 working day thereafter.
337:5 Involuntary Civil Commitment of Sexually Violent Predators; Persons Found Incompetent to Stand Trial. Amend RSA 135-E:5, III to read as follows:
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.
337:6 Involuntary Civil Commitment of Sexually Violent Predators; Immunity From Civil Liability. Amend RSA 135-E:17 to read as follows:
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.
337:7 Involuntary Civil Commitment of Sexually Violent Predators; Notice Requirements. Amend RSA 135-E:20, II to read as follows:
II. [If a sexually violent predator who has an active or pending term of probation, parole, conditional release, or other court-ordered or postprison release supervision is released from custody, the department shall immediately notify the department of corrections.] The parole board shall [also] 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.
337:8 Involuntary Civil Commitment of Sexually Violent Predators; Escape. Amend RSA 135-E:21, II to read as follows:
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. [If the escapee has an active or pending term of probation, parole, conditional release, or other court-ordered or postprison release supervision, the department shall also immediately notify the department of corrections.] The parole board shall [also] 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.
337:9 Involuntary Civil Commitment of Sexually Violent Predators; Rules. RSA 135-E:22 is repealed and reenacted to read as follows:
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.
337:10 New Paragraph; Involuntary Commitment of Sexually Violent Predators; Notice. Amend RSA 135-E:3 by inserting after paragraph V the following new paragraph:
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.
337:11 Involuntary Commitment of Sexually Violent Predators; Section Heading Amended. Amend the section heading of RSA 135-E:15 to read as follows:
135-E:15 Release of Records [to Agencies].
337:12 New Paragraph; Involuntary Commitment of Sexually Violent Predators; Release of Records. Amend RSA 135-E:15 by inserting after paragraph II the following new paragraph:
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:7.337:
337:13 Registration of Criminal Offenders; Registration Fee. Amend RSA 651-B:11, I to read as follows:
I. A sexual offender or offender against children shall pay a fee of $17 [at the time of the offender’s initial registration and] semi-annually [at the time of the offender’s re-registration]. Of this amount, the department shall receive $15 to be used to defray the costs of maintaining the sex offender registry. Such funds shall be nonlapsing and shall be continually appropriated to the department for such use. The municipality in which the sexual offender or offender against children registers shall keep the remaining $2 to defray any costs associated with implementing the provisions of this paragraph.
337:14 Effective Date. This act shall take effect January 1, 2008.
Approved: July 16, 2007
Effective: January 1, 2008