Revision: Jan. 26, 2021, 12:45 p.m.
SB 94 - AS INTRODUCED
2021 SESSION
21-0942
05/04
SENATE BILL 94
AN ACT relative to juvenile diversion programs.
SPONSORS: Sen. Carson, Dist 14; Rep. Belanger, Rock. 9
COMMITTEE: Judiciary
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ANALYSIS
This bill clarifies the procedure for obtaining a needs assessment through juvenile diversion prior to proceeding with a delinquency petition under RSA 169-B.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
21-0942
05/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty One
AN ACT relative to juvenile diversion programs.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Purpose and Findings.
I. In furtherance of the objectives stated in RSA 169-B:1, the general court finds that promoting the earlier engagement in the community based services and minimizing the involvement of youth in the formal legal system will promote the goal of positive youth development.
II. The general court finds that authorizing pre-petition engagement by the department for the purpose of completing assessments and making referrals to the children’s behavior health system or other appropriate services and supports will increase the use of diversion and decrease the need for future judicial involvement.
III. It is the intent of this act to provide the department with the authority to assess all youth as early as possible in the process and the ability to share that information with law enforcement, prior to formal involvement with the court, in order to minimize the need for court involvement when the minor’s needs can be met with services.
2 Juvenile Delinquency; Juvenile Diversion. Amend RSA 169-B:10, I and I-a to read as follows:
I. An officer authorized under RSA 169-B:9 to take a minor into custody may dispose of the case without court referral by releasing the minor to a parent, guardian, or custodian. The officer shall make a written report to the officer's department identifying the minor, specifying the grounds for taking the minor into custody and indicating the basis for the [disposition] disposal of the case. The officer may refer the minor to the department of health and human services for the needs assessment described in paragraph I-a.
I-a. Prior to filing a delinquency petition with the court, the arresting agency or
prosecutor shall [screen the petition for participation in diversion.] refer the minor to the department of health and human services for a voluntary needs assessment within 2 business days of arrest, to be completed as follows:
(a) The department shall obtain the consent of the minor and the minor's parent or guardian, prior to conducting the needs assessment.
(b) If the minor or the minor's parent or guardian does not consent, the department shall report to the prosecutor that the voluntary needs assessment was declined and the prosecutor may proceed with a petition and inform the court that the needs assessment was declined.
(c) The department shall complete the voluntary needs assessment within 30 days from referral or, if an assessment has been completed within the prior 6 months, the department shall provide the referring entity with the report and recommendations from any prior assessments.
(d) A report and recommendations shall be provided to the minor, the minor's parent or guardian, the minor’s attorney, and the referring entity and shall include the department’s specific recommendation regarding whether a petition should be filed and any recommendations for supports and services.
(e) The report and recommendations, any additional documents and records, and any statements made by the minor or others providing information for the purpose of the needs assessment shall not be admissible at the adjudicatory hearing held pursuant to RSA 169-B:16.
(f) If a finding is made at the adjudicatory hearing, the needs assessment, report and recommendations shall be admissible at all subsequent hearings including the dispositional hearing, for the purpose of determining appropriate services and supports.
(g) Prior to filing a delinquency petition with the court, the arresting agency or prosecutor shall review the department’s report and recommendations to screen the petition for participation in other voluntary services or diversion.
(h) A petition may be filed prior to the completion of the referral and needs assessment if:
(1) The prosecutor or arresting officer determines there is a need to request an order from the court for immediate detention or non-secure placement to protect the minor or the community; or
(2) The minor or the minor's parent or guardian does not consent to the voluntary assessment.
(i) The petitioner shall identify why diversion was not an appropriate disposition prior to seeking court involvement.
(j) If the petition is filed prior to the referral and assessment, and the minor has not had an assessment in the prior 6 months, the department shall make the assessment available to the minor after the petition is filed and the confidentiality and admissibility of the report and recommendations and related statements shall be treated the same as assessments completed prior to the petition.
3 Applicability. This act shall apply to the circuit courts as follows:
I. Beginning January 1, 2022, in the following circuit court locations: Lebanon of circuit 2, Claremont and Newport of circuit 5, Dover and Rochester of circuit 7, Keene and Jaffrey of circuit 8, and Nashua, Milford and Merrimack of circuit 9.
II. Beginning July 1, 2022, in the following circuit court locations: Concord, Hillsborough and Hooksett of circuit 6 and Portsmouth, Hampton, Brentwood, Derry, Salem and Candia of circuit 10.
III. Beginning October 1, 2022, in the following circuit court locations: Berlin, Colebrook and Lancaster of circuit 1, Plymouth, Littleton and Haverhill of circuit 2, Conway and Ossipee of circuit 3, Laconia of circuit 4, Franklin of circuit 6, Manchester and Goffstown of circuit 9.
IV. In all circuit court locations as of October 1, 2022.
4 Effective Date. This act shall take effect January 1, 2022.