HB 1217 – AS INTRODUCED
2008 SESSION
09/04
HOUSE BILL 1217
AN ACT relative to violations of conditional release by delinquent children.
COMMITTEE: Children and Family Law
This bill permits secure detention of a delinquent minor who violates the conditions of his or her release.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
08-2300
09/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT relative to violations of conditional release by delinquent children.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Violation of Conditional Release. Amend RSA 169-B:14 by inserting after paragraph I the following new paragraph:
I-a. A minor returned to the court for a violation of conditional release as defined in RSA 169-B:2, VIII, may, prior to a hearing on the merits of the violation, be ordered by the court to be retained, released, or placed as described in subparagraphs I(a)–(d). The minor may also be detained at a facility certified by the commissioner of the department of health and human services for detention of minors, provided the prosecution or juvenile probation and parole officer establishes probable cause to believe that the minor has committed the violation and the prosecution or juvenile probation and parole officer demonstrates by clear and convincing evidence the need for secure detention based upon the criteria for secure detention specified in subparagraph I(e)(2).
2 Effective Date. This act shall take effect January 1, 2009.