HB 47-FN – AS INTRODUCED

2009 SESSION

09-0067

04/01

HOUSE BILL 47-FN

AN ACT establishing a board to evaluate a sexual offender’s likelihood of reoffending.

SPONSORS: Rep. Shurtleff, Merr 10; Rep. Welch, Rock 8

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill establishes an offender review board to evaluate an offender’s likelihood of reoffending.

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0067

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT establishing a board to evaluate a sexual offender’s likelihood of reoffending.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 New Section; Registration of Criminal Offenders; Offender Review Board. Amend RSA 651-B by inserting after section 3 the following new section:

651-B:3-a Offender Review Board.

I.(a) There is hereby established an offender review board, which shall consist of 7 members who shall be nominated by the commissioner of the department of safety and appointed by the governor and council. The board shall include one person with experience and knowledge in the field of criminal justice who shall act as chairman; at least 2 licensed psychologists or psychiatrists with special expertise in the assessment and evaluation of sex offenders and who have knowledge of the forensic mental health system; at least one licensed psychologist or psychiatrist with special expertise in the assessment and evaluation of sex offenders, including juvenile sex offenders and who has knowledge of the forensic mental health system; at least 2 persons each of whom have at least 5 years of training and experience in probation, parole, or corrections; and at least one person who has expertise or experience with victims of sexual abuse.

(b) The chairman shall serve at the pleasure of the commissioner of the department of safety, shall be the executive and administrative head of the offender review board, and shall have the authority and responsibility for directing assignments of members of the board. In the case of the absence or disability of the chairman, the commissioner of the department of safety may designate one of the members to act as chairman during such absence or disability.

(c) Board members shall serve for a term of 6 years and shall not serve more than 2 consecutive terms. The governor shall fill any vacancy for the unexpired term. Four members of the board shall constitute a quorum.

(d) The board shall meet at least 4 times per year at a time and place to be fixed by the chairman, either upon his or her own motion or at the request of 4 or more board members.

(e) Board members shall serve without compensation, except that they shall receive reimbursement for their reasonable and necessary expenses in the performance of their duties. This reimbursement shall be a charge against the existing appropriations for the division of state police, sex offender registry system.

II. The offender review board shall:

(a) Determine the level of risk of reoffense and the degree of dangerousness posed to the public or for relief from the obligation to register and shall provide for 3 levels of notification depending on such risk of reoffense and the degree of dangerousness posed to the public.

(b) Apply the guidelines to assess the risk level of particular offenders.

(c) Develop guidelines for use by city and town police departments in disseminating sex offender registry information.

(d) Devise a plan, in cooperation with state and local law enforcement authorities and other appropriate agencies, to locate and verify the current addresses of sex offenders including, subject to appropriation, entering into contracts or interagency agreements for such purposes.

III. Factors relevant to the risk of reoffense shall include, but not be limited to, the following:

(a) Criminal history factors indicative of a high risk of reoffense and degree of dangerousness posed to the public, including:

(1) Whether the offender has a mental abnormality.

(2) Whether the offender’s conduct is characterized by repetitive and compulsive behavior.

(3) Whether the offender was an adult who committed an offense against a child.

(4) The age of the offender at the time of the commission of the first sex offense.

(5) Whether the offender has been found to be a sexually violent predator pursuant to RSA 135-E, or has been released from involuntary civil commitment pursuant to RSA 135-E.

(6) Whether the offender served the maximum term of incarceration.

(b) Other criminal history factors to be considered in determining risk and degree of dangerousness, including:

(1) The relationship between the offender and the victim.

(2) Whether the offense involved the use of a weapon, violence, or infliction of bodily injury.

(3) The number, date, and nature of prior offenses.

(c) Conditions of release that minimize risk of reoffense and degree of dangerousness posed to the public, including whether the offender is under probation or parole supervision, whether such offender is receiving counseling, therapy, or treatment, and whether such offender is residing in a home situation that provides guidance and supervision, including sex offender-specific treatment in a community-based residential program;

(d) Physical conditions that minimize risk of reoffense including, but not limited to, debilitating illness.

(e) Whether the offender was a juvenile when the offense was committed, the response to treatment, and subsequent criminal history.

(f) Whether psychological or psychiatric profiles indicate a risk of recidivism.

(g) The offender’s history of alcohol or substance abuse.

(h) The offender’s participation in sex offender treatment and counseling while incarcerated or while on probation or parole and the response to such treatment or counseling.

(i) Recent behavior, including behavior while incarcerated or while supervised on probation or parole.

(j) Recent threats against persons or expressions of intent to commit additional offenses.

(k) Review of any victim impact statement.

(l) Review of any materials submitted by the offender, the offender’s attorney, or others on behalf of such offender.

IV. The board shall submit specific written findings evaluating an offender’s risk of reoffense as low, moderate, or high based on an analysis of the circumstances of the offense in conjunction with the offender’s criminal history. The board shall furnish copies of the report to the commissioner of the department of safety and the division of state police sex offender registry system.

V. The board shall be administratively attached to the division of state police, department of safety.

2 Effective Date. This act shall take effect 60 days after its passage.

LBAO

09-0067

12/10/08

HB 47-FN - FISCAL NOTE

AN ACT establishing a board to evaluate a sexual offender’s likelihood of reoffending.

FISCAL IMPACT: