HB 1243 – AS AMENDED BY THE HOUSE
12Mar2008… 0413h
2008 SESSION
04/03
HOUSE BILL 1243
AN ACT amending the timeframes for involuntary civil commitment of sexually violent predators.
SPONSORS: Rep. Welch, Rock 8; Rep. Tholl, Coos 2
COMMITTEE: Criminal Justice and Public Safety
This bill excludes weekends and holidays from the calculation of deadlines for evaluating whether a person is a sexually violent predator. The bill also amends the procedure for evaluating and retaining custody of a person whose sentence expires prior to a trial on the merits.
This bill is a request of the department of justice.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12Mar2008… 0413h
08-2389
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eight
AN ACT amending the timeframes for involuntary civil commitment of sexually violent predators.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Involuntary Commitment of Sexually Violent Predators; Notice. Amend RSA 135-E:3 by inserting after paragraph VI the following new paragraph:
VII. The time limitations set forth in this section are not mandatory. Non adherence to the time limitations shall not preclude a county attorney or attorney general from requesting that a person be evaluated by a multi-disciplinary team, a multi-disciplinary team from conducting such an evaluation, or a county attorney or attorney general from filing a petition to have the person declared a sexually violent predator. If the person’s incarcerative sentence will expire at any point in the process prior to trial on the merits, the county attorney or attorney general shall notify the court of the expiration date and request that the court conduct a probable cause hearing. The court shall schedule a hearing within 10 days of receipt of the notice. If the person’s sentence expires before a probable cause hearing, the person shall be held in an appropriate secure facility pending the hearing. 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 be held in an appropriate secure facility pending trial.
2 Involuntary Civil Commitment of Sexually Violent Predators; Release From Total Confinement. Amend RSA 135-E:4, II-III to read as follows:
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 working day thereafter.
III. Within 48 hours after receipt of the written assessment and recommendation from the multidisciplinary team, 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 the 48-hour filing period ends on a weekend or holiday, the petition must be filed on the next working day thereafter. If a petition is not filed within 48 hours after receipt of the written assessment and recommendation 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] pending trial.
3 Effective Date. This act shall take effect January 1, 2009.