He-C 700

CHAPTER He-C 700 INVOLUNTARY CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS

PART He-C 701 ASSESSMENT AND EVALUATION OF PERSONS ELIGIBLE FOR INVOLUNTARY CIVIL COMMITMENT AS SEXUALLY VIOLENT PREDATORS

Statutory Authority: RSA 135-E:22, I, II, V

He-C 701.01 Purpose. The purpose of these rules is to define the standards and procedures by which a person convicted of a sexually violent offense who is eligible for release from total confinement is assessed and evaluated by a multidisciplinary team to determine if the person meets the definition of sexually violent predator.

Source. #8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07, EXPIRED: 6-30-15

New. #12593, INTERIM, eff 7-26-18, EXPIRED: 1-22-19

New. #12715, eff 1-23-19

He-C 701.02 Definitions.

(a) “Agency with jurisdiction” means “agency with jurisdiction” as defined in RSA 135-E:2, I, namely “the agency that releases, upon lawful order or authority, a person who is serving a sentence in the custody of the department of corrections, or a person who was involuntarily committed upon a finding that the person was not guilty by reason of insanity or incompetent to stand trial.”

(b) “Commissioner” means the commissioner of the department of health and human services, or his or her designee.

(c) “Convicted of a sexually violent offense” means “convicted of a sexually violent offense” as defined in RSA 135-E:2, III, namely “a person who has been:

(a) Adjudicated guilty of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere;

(b) Adjudicated not guilty by reason of insanity of a sexually violent offense; or

(c) Found incompetent to stand trial on a charge of a sexually violent offense and the court makes the finding required pursuant to RSA 135-E:5.”

(d) “Court” means “court” as defined in RSA 135-E:2, IV, namely “the superior court in the county where that person was last convicted of a sexually violent offense, or if the person is in custody on an out-of-state or federal sexually violent offense the county where the person plans to reside upon release or, if no residence in this state is planned, in the county where the facility from which the person to be released is located.”

(e) “Department” means the department of health and human services.

(f) “Likely to engage in acts of sexual violence” means “likely to engage in acts of sexual violence” as defined in RSA 135-E:2, VI, namely “the person’s propensity to commit acts of sexual violence is of such a degree that the person has serious difficulty in controlling his or her behavior as to pose a potentially serious likelihood of danger to others.”

(g) “Mental abnormality” means “mental abnormality” as defined in RSA 135-E:2, VII, namely “a mental condition affecting a person’s emotional or volitional capacity which predisposes the person to commit sexually violent offenses.”

(h) “Multidisciplinary team (MDT)” means the group established by the commissioner pursuant to He-C 701.03 for the purpose of assessing and evaluating whether a person convicted of a sexually violent offense who is eligible for release from total confinement meets the definition of sexually violent predator.

(i) “Person” means an individual 18 years of age or older who is a potential or actual subject of proceedings under RSA 135-E.

(j) “Personal interview” means the interview of the person by a qualified member of the MDT pursuant to RSA 135-E:3, V(b) that might include assessment tests or evaluative instruments administered by a qualified member of the team.

(k) “Sexually motivated” means “sexually motivated” as defined in RSA 135-E:2, X, namely “that one of the purposes for which the defendant committed the crime was for sexual gratification.”

(l) “Sexually violent offense” means “sexually violent offense” as defined in RSA 135-E:2, XI, namely:

“(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);

(d) Felonious sexual assault in violation for 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;

(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;

(g) An attempt, criminal solicitation, or conspiracy, to commit any of the offenses listed above; or

(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.”

(m) “Sexually violent predator” means “sexually violent predator” as defined in RSA 135-E:2, XII, namely “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.

(n) “Total confinement” means “total confinement” as defined in RSA 135-E:2, XIII, namely “that the person is being held in any physically secure facility being operated by or contractually operated for the department of corrections. 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. 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.”

Source. #8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07, EXPIRED: 6-30-15

New. #12593, INTERIM, eff 7-26-18, EXPIRED: 1-22-19

New. #12715, eff 1-23-19

He-C 701.03 Multidisciplinary Teams.

(a) The purpose of an MDT shall be to assess and evaluate whether a person convicted of a sexually violent offense who is eligible for release from total confinement meets the definition of sexually violent predator.

(b) Upon receipt by the department of a written request pursuant to He-C 701.04 for the assessment and evaluation of a person, the commissioner shall establish an MDT to assess and evaluate the person referred.

(1) An employee of the department appointed by the commissioner; and

(2) One of the following:

a. Two psychiatrists with the qualifications specified in (e) below;

b. Two psychologists with the qualifications specified in (f) below; or

c. One psychiatrist and one psychologist with the qualifications specified in (e) and (f) below, as applicable.

(d) The employee of the department appointed by the commissioner shall:

(1) Serve as chairperson of an MDT; and

(2) Have knowledge of:

a. The provisions of RSA 135-E and RSA 632-A, and any other relevant New Hampshire statutes and the administrative rules promulgated thereunder;

b. The programs provided by the department and the department of corrections for persons who have committed sexually violent offenses and are held in total confinement, including, but not limited to, the standards for admissions to such programs and the services provided;

c. The role and functions of the MDT and its members; and

d. The budget for the MDT.

(e) A psychiatrist designated by the commissioner to serve on an MDT shall:

(1) Be certified by the American Board of Psychiatry and Neurology;

(2) Have at least 3 years of experience in the evaluation and treatment of sexual offenders, including:

a. Experience in diagnosing and assessing re-offense risk; and

b. Experience in interpreting instruments used for evaluating violent sexual offenders; and

(3) Be licensed by the appropriate licensing board or entity in the state in which he or she currently practices.

(f) A psychologist designated by the commissioner to serve on an MDT shall:

(1) Hold a doctoral degree from a program approved by the American Psychological Association;

(2) Have at least 3 years of experience in the evaluation and treatment of sexual offenders, including:

a. Experience in diagnosing and assessing re-offense risk and psychopathy; and

b. Experience in administering and interpreting instruments used for evaluating violent sexual offenders; and

(3) Be licensed by the appropriate licensing board or entity in the state in which he or she currently practices.

(g) In order to facilitate the requested assessment and evaluation in a timely manner:

(1) The MDT may use teleconferencing or any other telecommunications processes to conduct any or all of its work, except that the personal interview shall be conducted in person, as described in He-C 701.07(d);

(2) The department shall provide administrative support to the MDT; and

(3) The attorney general shall serve as legal counsel to the MDT, pursuant to RSA 135-E:3, I.

(h) The meetings and work of any MDT shall not be open to the public.

(i) Records, reports, and proceedings of the MDT shall be confidential and shall be exempt from the provisions of RSA 91-A, except as provided in RSA 135-E:15, pursuant to RSA 135-E:3, VI.

(j) All deliberations and written documentation of the deliberations of the MDT, except for the team’s final report submitted pursuant to He-C 701.07, shall be confidential, unless otherwise ordered by the court.

(k) Pursuant to RSA 135-E:15, III, a report of the multidisciplinary team shall be available to the public only after the court has determined that probable cause exists pursuant to RSA 135-E:7.

(l) The commissioner shall have the responsibility of assuring that each MDT carries out its duties pursuant to statute and this chapter, but the commissioner shall have no authority with respect to the determinations and decisions of an MDT.

Source. #8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07, EXPIRED: 6-30-15

New. #12593, INTERIM, eff 7-26-18, EXPIRED: 1-22-19

New. #12715, eff 1-23-19

He-C 701.04 Request that a Multidisciplinary Team Assess and Evaluate a Person.

(a) Pursuant to RSA 135-E:3, III, the county attorney, the attorney general, or the agency with jurisdiction may request that the MDT assess and evaluate a person to determine if the person meets the definition of sexually violent predator.

(b) The request to the MDT in (a) above shall:

(1) Be made in writing; and

(2) Include the following information about the person:

a. Personal information shall include:

1. Full name;

2. Current age;

3. Date of birth; and

4. Unique personal identification number assigned by the agency with jurisdiction;

b. Information about the offense(s) giving rise to the request in (a) above shall include:

1. RSA reference and crime descriptor;

2. Copy of the indictment(s);

3. Disposition of charges;

4. Sentence(s), where applicable;

5. Prosecuting entity; and

6. Court of conviction; and

c. Total confinement information shall include:

1. Place of total confinement;

2. Date(s) of incarceration or admission to the secure psychiatric unit or the New Hampshire hospital, as applicable;

3. Minimum parole date and maximum date of release, if applicable; and

4. Anticipated date of release from total confinement, if applicable.

(c) The request to the MDT in (a) above may include any other information relevant to a determination of whether the person meets the definition of sexually violent predator, including, but not limited to, the information and documents described in He-C 701.05(a).

(d) The request to the MDT in (a) above, and any other information pursuant to (c) above, shall be delivered to the department at the following address:

Chairperson

RSA 135-E Multidisciplinary Team

Department of Health and Human Services

36 Clinton Street

Concord, NH 03301-3857

Source. #8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07, EXPIRED: 6-30-15

New. #12593, INTERIM, eff 7-26-18, EXPIRED: 1-22-19

New. #12715, eff 1-23-19

He-C 701.05 Information and Documentation to be Provided to the Multidisciplinary Team.

(a) Upon receipt of the written request for assessment and evaluation pursuant to He-C 701.04, the MDT shall provide written notice of the request to the agency with jurisdiction and request that the agency provide the MDT with the following information about the person, including copies of all relevant documents, by the date specified in the written notice:

(1) Name;

(2) Date of birth;

(3) Unique personal identification number assigned by the agency with jurisdiction;

(4) Identifying physical characteristics;

(5) Anticipated future residence and type of community supervision in the event that the person is released from total confinement, if known;

(6) Criminal history, including police reports, victim statements, pre-sentence investigative reports, post-sentence investigative reports, and any other documents containing information about the person’s criminal incidents;

(7) All clinical and treatment records, including but not limited to:

a. Assessments and evaluations;

b. Mental health records and records related to mental status; and

c. Medical records;

(8) Other institutional records from the period of total confinement;

(9) Records describing treatment, supervision, and conduct for any period during which the person had been released from total confinement; and

(10) Any other information deemed relevant by the MDT that is specified in the MDT’s written request for information.

(b) In the event that the agency with jurisdiction cannot provide the requested information by the date specified, it shall identify the earliest possible date by which the information can be provided.

(c) In the event that the agency with jurisdiction does not have access to the requested information, it shall identify possible sources of such information, if known.

(d) Following receipt of the information specified in (a) above, the MDT shall notify the agency with jurisdiction of any missing or incomplete information.

(e) Upon receipt of the notification in (d), the agency with jurisdiction shall provide the missing materials within 3 business days.

(f) In addition to the information and documents specified in (a) above, at any time during its assessment and evaluation, the MDT may request additional information from the agency with jurisdiction or any other individual or entity provided that the information requested is relevant to the question of whether the person meets the definition of sexually violent predator.

(g) Pursuant to RSA 135-E:15, any individual or entity with relevant information or records that are otherwise confidential or privileged, shall, if requested, provide it to the MDT notwithstanding the confidentiality of the documents and the fact that the person referred to the MDT for assessment and evaluation has not authorized the release of such information or documents.

(h) 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, RSA 329-B, 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.

(i) Psychological or psychiatric reports, drug and alcohol reports, treatment records, medical records, pre-sentence investigative reports, or victim impact statements that have been submitted to the court or admitted into evidence under this chapter shall be part of the record but shall be sealed and may be opened only pursuant to a court order.

(j) All information and documents described in this section shall be delivered to the department at the following address:

Chairperson

RSA 135-E Multidisciplinary Team

Department of Health and Human Services

36 Clinton Street

Concord, NH 03301-3857

Source. #8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07, EXPIRED: 6-30-15

New. #12593, INTERIM, eff 7-26-18, EXPIRED: 1-22-19

New. #12715, eff 1-23-19

He-C 701.06 Notice to a Person of the Request for Assessment and Evaluation by a Multidisciplinary Team; Personal Interview and Right to Counsel.

(a) Within 3 business days of receipt of the written request for assessment and evaluation pursuant to He-C 701.04, the MDT shall provide the following to the person referred:

(1) Written notice that he or she has been referred for an assessment and evaluation by the MDT to determine if he or she meets the definition of sexually violent predator for purpose of involuntary civil commitment pursuant to RSA 135-E;

(2) Written notice concerning a possible interview with the MDT stating:

a. That the MDT shall offer the person a personal interview;

b. That the personal interview shall be conducted by at least one MDT member who is a licensed psychiatrist or psychologist;

c. That the personal interview might include administration of assessment tools or evaluative instruments;

d. That the person shall have the right to refuse to participate in a personal interview;

e. That the person shall have the right to consult with counsel prior to participation in the personal interview and that counsel shall be appointed if the person is indigent; and

f. Instructions for obtaining counsel; and

(3) A copy of:

a. The written request to the MDT pursuant to He-C 701.04(b);

b. RSA 135-E; and

c. He-C 701.

(b) The MDT shall provide a copy of the material described in (a) above to the commissioner, the commissioner of the department of corrections, or his or her respective designee, and the New Hampshire public defender, as applicable.

(c) Within 5 business days after receipt of the material in (b) above, the commissioner, the commissioner of the department of corrections, or his or herrespective designee, as applicable, shall contact the person and verify that the person has received the material described in (a) above.

Source. #8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07, EXPIRED: 6-30-15

New. #12593, INTERIM, eff 7-26-18, EXPIRED: 1-22-19

New. #12715, eff 1-23-19

He-C 701.07 Assessment and Evaluation of a Person by a Multidisciplinary Team.

(a) The MDT shall assess and evaluate each person referred to it pursuant to RSA 135-E:3, V(a) and these rules to determine if the person meets the definition of sexually violent predator.

(b) In conducting its assessment and evaluation, the MDT shall review and consider:

(1) The information and documents provided to the MDT by the agency with jurisdiction pursuant to RSA 135-E:3, IV and He-C 701.05;

(2) Any additional information and documents provided to the MDT at its request pursuant to RSA 135-E:15 and He-C 701.05(f) and (g); and

(3) A personal interview with the person, as provided in (c) below, provided that the person agrees to participate in a personal interview, whether fully or in part, and that the interview produces information that would assist the MDT in determining if the person meets the definition of sexually violent predator.

(d) If the person agrees to participate in the personal interview, at least one member of the MDT who is a licensed psychiatrist or psychologist shall conduct the interview in person.

(e) The members of the MDT who are not conducting the interview may participate in the interview via teleconferencing, as allowed by He-C 701.03(g)(1).

(f) The MDT shall determine that the person has refused to fully participate in the personal interview if the person, or his or her counsel, imposes such constraints or limitations on the scope of the interview that, in the judgment of the MDT, it is likely that the interview would not produce information that would assist the MDT in determining if the person meets the definition of sexually violent predator.

(g) Pursuant to RSA 135-E:3, V(b), if the person refuses to fully participate in a personal interview, the MDT may proceed with its recommendation without a personal interview of the person.

(h) To assist the MDT in the performance of its responsibilities under (a) above, at any time during its assessment and evaluation, the team may request additional relevant information from the agency with jurisdiction, the entity that referred the person for assessment and evaluation, or any other individual or entity.

(i) Following its review and consideration of the information described in (b) above, the MDT shall, on the basis of such information, determine whether or not the person meets the definition of sexually violent predator.

(j) The MDT shall not decide that a person meets the definition of sexually violent predator unless all its members agree that the person meets the definition.

(k) If the MDT is unable to determine that each element of the definition of sexually violent predator is met, it shall find that the person is not a sexually violent predator.

(l) The MDT shall prepare a written report of its decision within 4 months after receiving the request for an assessment and evaluation. The written report shall be provided to the county attorney or attorney general, and to the attorney representing the person.

(m) The report shall include:

(1) Identification of members of the MDT and the dates that the MDT met;

(2) Description of the assessment and evaluation conducted by the MDT, including:

a. A summary of information and documents reviewed;

b. Whether a personal interview was conducted; and

c. A list of the assessment and evaluative instruments completed or administered by the MDT, if any.

(3) The MDT’s determination as to whether or not the person had been convicted of a sexually violent offense, and the reasons for its determination;

(4) The MDT’s determination as to whether or not the person suffers from a mental abnormality or personality disorder, the identification of the mental abnormality or personality disorder, and the reasons for its determination;

(5) The MDT’s determination as to whether the diagnosed mental abnormality or personality disorder identified in (4) above 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 the reasons for its determination; and

(6) The MDT’s determination as to whether or not the person meets the definition of a sexually violent predator, and the reasons therefore.

(n) The report of the MDT in (l) shall be:

(1) Signed by all members of the MDT; and

(2) Sent to the entity that requested the assessment and evaluation pursuant to He-C 701.04 and within the timeframe established by RSA 135-E:3, V(c) or RSA 135-E:4, III.

(o) The department shall physically maintain in a secure manner the materials provided to it and created by it for its assessment and evaluation, as follows:

(1) If the person is determined by the MDT not to meet the definition of sexually violent predator, then the department shall physically maintain in a secure manner the request in He-C 701.04(b) and a copy of the report in (l) and (m) above; and

(2) If the person is determined by the MDT to meet the definition of sexually violent predator and a petition for the person’s commitment is filed, then the department shall physically maintain in a secure manner:

a. All materials until the final disposition of the petition filed pursuant to RSA 135-E:6; and

b. The request in He-C 701.04(b) and a copy of the report in (l) and (m) above.

Source. #8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07, EXPIRED: 6-30-15

New. #12593, INTERIM, eff 7-26-18, EXPIRED: 1-22-19

New. #12715, eff 1-23-19

PART He-C 702 TREATMENT PLAN COMPONENTS FOR SEXUALLY VIOLENT PREDATORS -EXPIRED

Statutory Authority: RSA 135-E:22, IV

He-C 702.01 Purpose. The purpose of these rules is to establish the components of the basic treatment plan for those persons involuntarily committed under RSA 135-E as sexually violent predators.

Source. #8889, INTERIM, eff 6-4-07, EXPIRES: 12-1-07; ss by #8984, eff 9-21-07, EXPIRED: 9-21-15

He-C 702.02 Definitions. The words and phrases used in these rules shall mean the following:

(a) “Individual treatment plan (ITP)” means a written proposal that is developed annually as the result of a service planning process and includes the identification of:

(1) The person’s goals and objectives;

(2) The person’s treatments and services; and

(3) Timelines for achieving the stated goals.

(b) “Person” means an individual who has been committed by a court as a sexually violent predator under RSA 135-E and who is sentenced to a secure facility for the purposes of receiving sexual offender treatment.

(c) “Secure facility” means a total confinement facility that provides supervision and sexual offender treatment of those persons committed as sexually violent predators under RSA 135-E, including the secure psychiatric unit of the New Hampshire state prison and any other facility so designated in accordance with RSA 135-E:22, III.

(d) “Sexually violent predator” means “sexually violent predator” as defined in RSA 135-E:2, XII, namely “any person who:

(a) Has been convicted of a sexually violent offense;

(e) “Total confinement” means “total confinement” as defined in RSA 135-E:2, XIII, namely “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.”

(f) “Treatment team” means the individuals who perform the examination, assessment, and diagnosis of, and who deliver the training, rehabilitation therapy, pharmaceuticals, and other services provided to, persons committed under RSA 135-E.

Source. #8889, INTERIM, eff 6-4-07, EXPIRES: 12-1-07 ; ss by #8984, eff 9-21-07, EXPIRED: 9-21-15

He-C 702.03 Assessment of Sexually Violent Predators.

(a) Members of a treatment team at a secure facility shall conduct a comprehensive, formal assessment of each person committed to a secure facility as a sexually violent predator.

(b) The assessment shall address the person’s current risk of sexual re-offense, including the type of risk and the context in which the risk is likely to occur.

(1) Objective measures of offense related behavior, such as, but not limited to, clinical polygraph testing and the ABEL Sexual Interest Inventory;

(2) A risk prediction assessment of static risk factors, through the administration of an actuarial risk assessment instrument(s) that is empirically supported by current, professional research and practice; and

(3) A risk management assessment of dynamic risk factors, through a comprehensive sex offense specific evaluation and the administration of a dynamic factor risk assessment instrument(s) that is empirically supported by current, professional research and practice.

Source. #8889, INTERIM, eff 6-4-07, EXPIRES: 12-1-07; ss by #8984, eff 9-21-07, EXPIRED: 9-21-15

He-C 702.04 Treatment Plan for Sexually Violent Predators.

(a) A person’s treatment team shall develop an individual treatment plan (ITP) for each person, based upon the individual needs of the person as determined via the person’s assessment, and established within 30 days of the person’s commitment to a secure facility.

(b) An ITP shall:

(1) Be offender specific;

(2) Be tailored to the offender’s criminal history, cognitive patterns, sexual arousal patterns, offense patterns, co-occurring conditions, risk assessment, relapse profile, and current circumstances;

(3) Address any medical conditions as identified by a comprehensive medical examination;

(4) Contain measurable treatment goals, objectives, and treatment interventions;

(5) Contain the timelines for goal attainment;

(6) Clearly define the expectations of the person;

(7) Specify clinical screening and progress assessment tools to be administered, and expectations thereof, such as, but not limited to, polygraph testing and ABEL screenings;

(8) Indicate the treatment program staff responsible for treatment and supervision;

(9) Integrate the collaborative efforts of all criminal justice and treatment agencies responsible for treatment and supervision of the person, including substance abuse providers, mental health providers, and those responsible for the identification of medication management strategies when indicated;

(10) Be reviewed quarterly, as described in He-C 702.05; and

(11) Be signed and dated by all members of the treatment team.

(1) Social skills and relationships;

(2) Intimacy deficits;

(3) Identification of cognitive distortions and cognitive restructuring;

(4) Identification of the individual’s thoughts, feelings, beliefs, and behaviors that sustain the sexual offense cycle;

(5) Anger issues;

(6) Power/control issues;

(7) Deviant arousal control;

(8) Victim empathy;

(9) Relapse prevention skills;

(10) Values clarification;

(11) Identification of risk factors;

(12) Enhancement of coping skills;

(13) Impulse control;

(14) Sex education;

(15) Improvement of appropriate sexual functioning;

(16) Substance abuse treatment;

(17) Improvement of primary relationships;

(18) Victim protection and restitution;

(19) Pharmacological therapies, as applicable; and

(20) Specialized ancillary services for persons who display other special needs or co-occurring disorders, such as substance abuse, mental retardation, mental illness, and learning disorders.

(d) In implementing a person’s ITP, the treatment team shall utilize interventions and treatment methods that are empirically supported by current, professional research and practice.

Source. #8889, INTERIM, eff 6-4-07, EXPIRES: 12-1-07; ss by #8984, eff 9-21-07, EXPIRED: 9-21-15

He-C 702.05 Treatment Plan Reviews.

(a) Each ITP shall be reviewed quarterly by the person’s treatment team.

(b) Quarterly reviews shall be based on a clinical review of the client’s current status and progress, or lack thereof, in achieving the goals identified in the ITP.

(1) The specific goal(s) addressed during the reporting quarter;

(2) The client’s measurable progress toward achieving ITP goals/objectives;

(3) Treatment services received during the reporting quarter;

(4) A statement regarding the need for continued treatment services;

(5) Any other relevant information, including hospitalizations during the reporting quarter;

(6) Changes in the ITP as a result of the clinical review;

(7) The time period covered by the review;

(8) The date of the documentation; and

(9) The signature and title of the individual documenting the review.

(d) The fourth quarterly review shall serve as the annual ITP review.

(e) The annual ITP review shall include, in addition to the components listed in (c) above, documentation of the following:

(1) Determination of whether the person is likely to commit acts of sexual violence if discharged;

(2) Review of the person’s psychiatric and medical diagnosis(es);

(3) Reassessment of the person’s medications, if applicable;

(4) Assessment of the need for additional services and/or revisions to the ITP;

(5) Need for other health care or social services;

(6) A list of the participants in this annual review process;

(7) A description of the level of the person’s participation, if any, in the review; and

(8) The dated signatures of all the members of the treatment team.

Source. #8889, INTERIM, eff 6-4-07, EXPIRES: 12-1-07; ss by #8984, eff 9-21-07, EXPIRED: 9-21-15

APPENDIX

Rule	Specific State Statute the Rule Implements

He-C 701.01	RSA 135-E:1
He-C 701.02	RSA 135-E:2
He-C 701.03	RSA 135-E:3, I
He-C 701.04	RSA 135-E:3, III, IV
He-C 701.05	RSA 135-E:3, IV; RSA 135-E:15
He-C 701.06	RSA 135-E:22, V; RSA 135-E:23
He-C 701.07	RSA 135-E:3, V

He-C 702.01	RSA 135-E:1
He-C 702.02	RSA 135-E:2
He-C 702.03	RSA 135-E:11, II; RSA 135-E:22, IV
He-C 702.04	RSA 135-E:11, II; RSA 135-E:22, IV
He-C 702.05	RSA 135-E:11, II; RSA 135-E:13, I; RSA 135-E:22, IV