CHAPTER 287
HB 138 – FINAL VERSION
06Jan2010… 2009-2476h
05/05/10 1686s
2010 SESSION
04/03
HOUSE BILL 138
AN ACT revising certain provisions of the sexually violent predators statute.
SPONSORS: Rep. Charron, Rock 7; Rep. Welch, Rock 8; Rep. Pantelakos, Rock 16; Rep. Shurtleff, Merr 10; Rep. Crisler, Rock 4; Sen. Carson, Dist 14
COMMITTEE: Criminal Justice and Public Safety
This bill makes certain revisions to the statute governing involuntary commitment of sexually violent predators.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
06Jan2010… 2009-2476h
05/05/10 1686s
09-0494
04/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT revising certain provisions of the sexually violent predators statute.
Be it Enacted by the Senate and House of Representatives in General Court convened:
287:1 Involuntary Commitment of Sexually Violent Predators; Intent. Amend RSA 135-E:1 to read as follows:
135-E:1 Findings and Intent. The general court finds that a small but extremely dangerous number of sexually violent predators exist who [do not have a mental disease or defect that renders them appropriate for involuntary treatment under RSA 135-C, which is intended to provide short-term treatment to individuals with serious mental disorders and then return them to the community. In contrast to persons appropriate for civil commitment, sexually violent predators generally] have antisocial personality features which are unamenable to existing mental illness treatment modalities, and those features render them likely to engage in criminal, sexually violent behavior. The general court further finds that the likelihood of sexually violent predators engaging in repeat acts of predatory sexual violence is high. The existing involuntary commitment procedures for the treatment and care of mentally ill persons are inadequate to address the risk these sexually violent predators pose to society. The general court further finds that the prognosis for rehabilitating sexually violent predators in a prison setting is poor, the treatment needs of this population are very long term, and the treatment modalities for this population are very different from the traditional treatment modalities for people appropriate for commitment under existing law. It is therefore the intent of the general court to create a civil commitment procedure for the long-term care and treatment of sexually violent predators. This procedure primarily targets individuals who are nearing completion of their maximum sentence of imprisonment, having been refused parole, who pose a high risk of repeated acts of predatory behavior if released to the community.
287:2 Involuntary Commitment of Sexually Violent Predators; Definitions. Amend RSA 135-E:2, XI-XIII to read as follows:
XI. “Sexually violent offense” means:
(a) Capital murder in violation of RSA 630:1, I(e);
(b) First degree murder in violation of RSA 630:1-a, I(b)(1);
(c) Aggravated felonious sexual assault in violation of RSA 632-A:2;
(d) Felonious sexual assault in violation of RSA 632-A:3, III;
(e) Kidnapping in violation of RSA 633:1, I(d), where the offender confined the victim with the purpose to commit sexual assault against the victim;
[(e)] (f) Burglary in violation of RSA 635:1, I, where the offender entered a building or occupied structure with the purpose to commit sexual assault;
[(f)] (g) An attempt, criminal solicitation, or conspiracy, to commit any of the offenses listed above; or
[(g)] (h) A violation of any other statute prohibiting the same conduct as the offenses listed above in another state, territory, or possession of the United States.
XII. “Sexually violent predator” means any person who:
(a) Has been convicted of a sexually violent offense; and
(b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment[; and
(c) Is not eligible for involuntary admission under RSA 135-C or RSA 171-B].
XIII. “Total confinement” means that the person is being held in any physically secure facility being operated by or contractually operated for the department of corrections [or the department of health and human services]. A person shall also be deemed to be in total confinement for applicability of provisions under this chapter if the person is serving an incarcerative sentence under the custody of the department of corrections [or is being held in any other secure facility for any reason]. A person is not subject to total confinement if the person is subject to an incarcerative sentence or other custody in a secure facility but has contact with the community, such as through work release, a halfway house, or other supervised or unsupervised release into the community.
287:3 Involuntary Commitment of Sexually Violent Predators; Request for Assessment. Amend RSA 135-E:3, III to read as follows:
III. Upon receipt of such notice, if there is an articulable basis to believe that the person is likely to engage in acts of sexual violence, either the county attorney, attorney general, or the agency with jurisdiction may request that the multidisciplinary team assess and evaluate the person to determine whether the person is a sexually violent predator. If the county attorney, attorney general, or the agency with jurisdiction over the person who has committed a sexually violent offense requests an assessment by the multidisciplinary team, the court shall appoint legal counsel to represent the person before any interview or personal examination of the person is conducted by the multidisciplinary team. The person to be assessed shall bear the cost of legal services associated with any proceedings under this section. If the person to be assessed is unable to pay for counsel, the court shall appoint counsel pursuant to RSA 604-A:2.
287:4 Involuntary Commitment of Sexually Violent Predators; Request for Assessment; Version Effective September 1, 2010. RSA 135-E:3, III is repealed and reenacted to read as follows:
III. Within 45 days of receipt of such notice, if there is an articulable basis to believe that the person is likely to engage in acts of sexual violence, either the county attorney, attorney general, or the agency with jurisdiction may request that the multidisciplinary team assess and evaluate the person to determine whether the person is a sexually violent predator. If the county attorney, attorney general, or the agency with jurisdiction over the person to be assessed requests an assessment by the multidisciplinary team, the court shall appoint legal counsel to represent the person before any interview or personal examination of the person is conducted by the multidisciplinary team. The person to be assessed shall bear the cost of legal services associated with any proceedings under this section. If the person to be assessed is unable to pay for counsel, the court shall appoint counsel pursuant to RSA 604-A:2.
287:5 Involuntary Commitment of Sexually Violent Predators; Notice to County Attorney or Attorney General. Amend RSA 135-E:3, V(c) to read as follows:
(c) Within [6] 4 months after receiving [notice of a person’s anticipated release from total confinement] the request for an assessment and evaluation, the department of health and human services shall provide to the county attorney or attorney general, and to the attorney representing the person, a written report of the multidisciplinary team’s findings as to whether the person meets the definition of a sexually violent predator.
287:6 Involuntary Commitment of Sexually Violent Predators; Notice to County Attorney or Attorney General; Version Effective September 1, 2010. RSA 135-E:3, V(c) is repealed and reenacted to read as follows:
(c) Within 4 months after receiving the request for an assessment and evaluation, the department of health and human services shall provide to the county attorney or attorney general, and to the attorney representing the person, a written report of the multidisciplinary team’s findings as to whether the person meets the definition of a sexually violent predator.
287:7 Involuntary Commitment of Sexually Violent Predators; Release of Records. Amend RSA 135-E:15, I to read as follows:
I. In order to protect the public, relevant information and records that are otherwise confidential or privileged shall be released to the agency with jurisdiction, to a multidisciplinary team, or to the county attorney or attorney general for the purpose of meeting the notice requirements of this chapter and determining whether a person is or continues to be a sexually violent predator. Restrictions on confidential or privileged communications pursuant to RSA 329:26, RSA 330-A:32, or any other statute establishing similar restrictions on confidential or privileged communications shall not apply to releases made under this chapter. A person, agency, or entity receiving information under this section which is confidential shall maintain the confidentiality of that information. Such information does not lose its confidential status due to its release under this section.
287:8 Effective Date.
I. Sections 4 and 6 of this act shall take effect September 1, 2010 at 12:01 a.m.
II. The remainder of this act shall take effect upon its passage.
Approved: July 13, 2010
Effective Date: I. Sections 4 and 6 shall take effect September 1, 2010 at 12:01 a.m.
II. Remainder shall take effect July 13, 2010.