TITLE I
THE STATE AND ITS GOVERNMENT
Chapter 21-M
DEPARTMENT OF JUSTICE
Section 21-M:1
21-M:1 Findings; Intent. –
The general court finds that, despite the highly skilled work performed and the excellent reputation attained by the office of the attorney general over the years, there is a need for more opportunities for career advancement within the office. It further finds an ever-increasing need for greater emphasis on newer fields of endeavor such as consumer protection and environmental protection, in addition to a steadily rising demand on the office in the areas of criminal justice and assistance to other state departments. Further, the general court finds the attorney general is in great need of assistance in the administration of the functions of the office by the establishment of intermediate levels of supervision.
Source. 1985, 300:1, eff. July 1, 1985.
Section 21-M:2
21-M:2 Establishment; General Functions. –
I. There is established the department of justice, an agency of the state, under the executive direction of the attorney general.
II. The department of justice, through its officials, shall have all the powers and duties enumerated by statute and implied from the common law and shall be responsible for the following general functions:
(a) Advising and representing the state and its executive branch agencies in all civil legal matters.
(b) Supervising and conducting criminal investigations and prosecutions.
(c) Enforcing the various consumer protection and antitrust laws of the state.
(d) Assisting and advising those agencies charged with protecting the environment and enforcing the environmental laws of the state.
Source. 1985, 300:1, eff. July 1, 1985.
Section 21-M:3
21-M:3 Attorney General; Deputy; Associates; Assistants. –
I. The attorney general shall be appointed as provided by the constitution. He shall serve for a term of 4 years. He shall have been admitted to the practice of law in New Hampshire. He shall also be qualified by reason of education and experience.
II. The attorney general shall nominate the deputy attorney general for appointment by the governor, with the consent of the council. The deputy attorney general shall serve for a term to expire on March 31, 1987, and thereafter for a fixed term of 4 years. The deputy attorney general shall have been admitted to the practice of law in New Hampshire and be qualified by reason of education and experience.
III. (a) The attorney general, subject to the approval of the governor and council, may appoint assistant attorneys general within the limits of the appropriation made for the appointments, each of whom shall hold office for a term of 5 years. Any vacancy in such office may be filled for the unexpired term. An assistant attorney general may be removed only as provided by RSA 4:1.
(b) The attorney general may, in his or her discretion, designate to serve without compensation, current assistant United States Attorneys, with prior authorization from the United States Attorney, or assistant county attorneys, with prior authorization from the county attorney, to assist with state cases.
IV. The attorney general may designate senior assistant attorneys general. Senior assistant attorneys general may serve as bureau chiefs and in such other positions as the attorney general may determine. Senior assistants shall serve in that capacity at the pleasure of the attorney general. Notwithstanding any other provision of law, the positions in this section shall be funded within appropriations made to the department of justice for each biennium and through the salary adjustment fund, as needed.
V. The attorney general may designate associate attorneys general. Associate attorneys general may serve as directors of the divisions of public protection and legal counsel and shall serve in that capacity at the pleasure of the attorney general.
VI. The attorney general shall nominate, subject to confirmation by the governor and council, an unclassified director of administration for the office of attorney general, within the limits of the appropriation made for the appointment, who shall serve for a 5-year term. The director of administration may be removed only as provided by RSA 4:1.
VII. The attorney general may nominate, subject to confirmation by the governor and council, criminal justice investigators and consumer protection investigators within the limits of the appropriations made for the appointments, each of whom shall have statewide law enforcement authority, shall be a peace officer as defined by RSA 594:1, III, and shall serve for a 5-year term. Any person nominated for such a position shall be certified or eligible for certification as a police officer pursuant to RSA 106-L:5, V. A criminal justice investigator or a consumer protection investigator shall be removed if he or she fails to achieve certification or if he or she is decertified by the police standards and training council, otherwise a criminal justice investigator or a consumer protection investigator may be removed only as provided by RSA 4:1.
VIII. The attorney general shall appoint qualified applicants to serve as hearing officers for appeals to any of the councils established under RSA 21-O. The attorney general and the commissioner of the department of environmental services may enter into a memorandum of understanding to transfer funds sufficient to fund the hearing officer position, clerical and support personnel and services, and related expenses. Such individual or individuals shall:
(a) Be an attorney qualified by education and experience in the conduct of administrative adjudicative hearings and the application of law to facts, preferably a retired justice of the superior or supreme court; and
(b) Be fully screened by the attorney general from the outset of any such appeal from any attorney representing the department.
VIII-a. Upon request by the commissioner of the department of environmental services, the attorney general shall appoint qualified applicants to serve as hearing officers for all administrative enforcement matters authorized under any provision of law, including, but not limited to, administrative fines and license actions. The attorney general and the commissioner of the department of environmental services may enter into a memorandum of understanding to fund the hearing officer position, clerical and support personnel and services, and related expenses. Such individual or individuals shall:
(a) Be an attorney qualified by education and experience in the conduct of administrative adjudicative hearings and the application of law to facts;
(b) Be fully screened by the attorney general from the outset of any such appeal from any attorney representing the department;
(c) Regulate all procedural aspects of a proceeding, including presiding over the hearing and any prehearing conferences; and
(d) Provide the commissioner with a proposed written decision on the merits within 45 days of the conclusion of the final hearing.
IX. When designated as the hearing officer for a particular appeal to any of the councils established under RSA 21-O, the hearing officer shall:
(a) Regulate all procedural aspects of a proceeding, including presiding over the hearing and any prehearing conferences;
(b) Subject to RSA 21-O:14, at the first prehearing conference order the parties and any persons who have been allowed to intervene to participate in mediation if the hearing officer concludes that it is reasonably possible that mediation will result in the resolution of the issues in dispute in the proceeding. No order to mediate shall stay the appeal proceeding;
(c) Adopt all findings of fact made by the council except to the extent any such finding is without evidentiary support in the record;
(d) Deliberate with the council before reaching conclusions on mixed questions of law and fact;
(e) Decide all questions of law presented during the pendency of the appeal; and
(f) Prepare and issue written decisions on all motions and on the merits of the appeal within 100 days of the conclusion of the hearing on the merits. The hearing officer shall provide the council with a proposed written decision on the merits within 45 days of the conclusion of the hearing on the merits. If requested to do so by the members of the council participating in the discussion, the hearing officer shall meet with those members within the 100-day period to discuss the decision.
X. The hearing officer may issue a subpoena, upon the request of any party to an appeal filed after the effective date of this paragraph, and only to the extent the information or testimony sought is reasonably necessary for the determination of matters within the council's jurisdiction. A subpoena may be requested for purposes of discovery as may be allowed by the council's rules or to provide testimony at any hearing conducted in the proceeding, or both. All costs associated with the issuance of any subpoena issued by the hearing officer shall be paid by the party requesting the subpoena.
XI. The attorney general, subject to the approval of the governor and council, may appoint a director of the office of victim/witness assistance, within the limits of the appropriation made for the appointment, who shall hold office for a term of 5 years. Any vacancy in such office may be filled for the unexpired term. The director of the office of victim/witness assistance may be removed only as provided by RSA 4:1.
XII. The attorney general, subject to the approval of the governor and council, may appoint a director of communications within the limits of the appropriation made for the appointment, who shall hold office for a term of 5 years. Any vacancy in such office may be filled for the unexpired term. The director of communications may be removed only as provided by RSA 4:1.
XIII. The attorney general, subject to the approval of the governor and council, may appoint a permanent director of diversity and community outreach, within the limits of the appropriation made for the appointment, who shall hold office for a term of 5 years. Any vacancy in such position may be filled for the unexpired term. The director of diversity and community outreach may be removed only as provided by RSA 4:1.
XIV. The attorney general, subject to the approval of the governor and council, may appoint permanent assistant deputy medical examiners within the limits of the appropriation made for the appointment, each of whom shall serve at the pleasure of the chief medical examiner pursuant to RSA 611-B:5.
XV. The attorney general, subject to the approval of the governor and council, may appoint a permanent chief forensic investigator and/or a deputy chief forensic investigator, within the limits of the appropriation made for the appointment, who shall hold office for a term of 5 years. Any vacancy in such position may be filled for the unexpired term. The chief forensic investigator and deputy chief forensic investigator may be removed only as provided by RSA 4:1.
Source. 1985, 300:1; 410:12, 13. 1986, 135:5. 1990, 266:4. 2001, 158:104. 2002, 276:3. 2007, 235:2. 2009, 40:1. 2010, 354:1, eff. Sept. 18, 2010. 2012, 246:1, 16, eff. June 18, 2012. 2017, 206:5, eff. Sept. 8, 2017. 2019, 202:4, eff. Sept. 8, 2019; 346:166, eff. July 1, 2019. 2021, 91:159, eff. July 1, 2023. 2023, 79:18, 252, eff. July 1, 2023.
Section 21-M:3-a
21-M:3-a Authority to Organize and Assign Investigatory Resources. –
Notwithstanding any other law to the contrary, the attorney general is authorized to organize and assign the criminal justice investigators, consumer protection investigators, financial analysts, investigatory paralegals, and such other investigators that the department of justice is authorized to employ in the manner that the attorney general deems most effective and efficient for fulfilling all the duties assigned to the department of justice. The attorney general may assign leadership or supervisory duties relative to any or all investigatory personnel to any unclassified investigator on a temporary or permanent basis.
Source. 2007, 235:3, eff. Aug. 24, 2007.
Section 21-M:3-b
21-M:3-b Law Enforcement Officers Assigned to the Attorney General. –
The attorney general, as the chief law enforcement officer for the state, shall have authority to vest with statewide law enforcement authority any municipal or state law enforcement officer assigned by the employing authority to work under the guidance and direction of the attorney general for the purpose of conducting or assisting with criminal law investigations being conducted by the attorney general's office, including, but not limited to, service on the attorney general's drug task force. The grant of authority shall be valid only for the duration of the officer's assignment to the department of justice. Any law enforcement officer vested with statewide law enforcement authority pursuant to this section shall be a state official for the purposes of being entitled to defense and indemnification under RSA 99-D:2, in accordance with the terms of any written agreement between the attorney general and the employing authority and subject to any limitations set forth in such written agreement.
Source. 2007, 235:3, eff. Aug. 24, 2007.
Section 21-M:4
21-M:4 Compensation. –
The annual salary of the attorney general, the deputy attorney general, the associate attorneys general, the senior assistant attorneys general, each assistant attorney general, each criminal justice investigator, and each consumer protection investigator shall be that prescribed by RSA 94:1-a.
Source. 1985, 300:1. 1986, 135:6, eff. May 27, 1986.
Section 21-M:5
21-M:5 Duties of the Attorney General. –
In addition to the powers, duties and functions otherwise vested by law, including RSA 7, in the attorney general, he shall:
I. Represent the public interest in the administration of the department of justice and be responsible to the governor, the general court, and the public for such administration.
II. Exercise all of the powers and duties vested in commissioners by RSA 21-G.
III. Have the authority to establish a unit within his office to provide for internal department administrative functions, which functions shall include:
(a) Accounting, purchasing, and budget control procedures;
(b) Personnel management;
(c) Property, contracts, and grants management;
(d) Data processing and statistical analysis as provided for by RSA 7:40;
(e) Assisting the attorney general with short and long range department level planning activities.
IV. Have the authority to adopt rules, pursuant to RSA 541-A, necessary to assure the continuation or granting of federal funds or other assistance not otherwise provided for by law.
V. Supervise the operations of the office of chief medical examiner established in RSA 611-B, which shall be part of the department of justice.
VI. Submit annually 60 days after the close of each fiscal year to the fiscal committee of the general court a report detailing each expenditure approved under RSA 7:12.
Source. 1985, 300:1. 1992, 289:29. 2007, 324:10, eff. Sept. 14, 2007. 2012, 247:13, eff. Aug. 17, 2012.
Section 21-M:6
21-M:6 Division of Public Protection. –
I. There is established within the department a division of public protection. The division shall be supervised by a division director who shall be an associate attorney general appointed under RSA 21-M:3.
II. The division shall include the following units:
(a) A bureau of criminal justice.
(b) A bureau of consumer protection and antitrust.
(c) A bureau of environmental protection.
Source. 1985, 300:1, eff. July 1, 1985.
Section 21-M:7
21-M:7 Division of Legal Counsel. –
I. There is established within the department a division of legal counsel. The division shall be supervised by an associate attorney general appointed under RSA 21-M:3.
II. The division of legal counsel shall consist of the following units:
(a) A bureau of civil law.
(b) A public safety and infrastructure bureau.
III. The division shall also be responsible for administering the duties assigned to the attorney general regarding charitable trusts under RSA 7:19 through 32-a.
Source. 1985, 300:1. 1987, 406:3, eff. July 25, 1987. 2018, 127:2, eff. July 29, 2018. 2023, 79:256, eff. July 1, 2023.
Section 21-M:8
21-M:8 Criminal Justice Bureau. –
I. There is hereby established within the division of public protection a criminal justice bureau. The bureau shall be supervised by a senior assistant attorney general who shall be appointed by the attorney general in accordance with the provisions of RSA 21-M:3 and who shall carry out the duties imposed by this section under the supervision of the attorney general and do such other work as the attorney general may assign. The attorney general shall appoint such other assistant attorneys general pursuant to the provisions of RSA 21-M:3 and such additional investigative, clerical, stenographic, and other staff as may be necessary to carry out the provisions of this section within the limits of the appropriations made for the bureau.
II. The duties of the bureau shall include, but not be limited to, the following:
(a) Investigating and prosecuting major crimes as directed by the attorney general.
(b) [Repealed.]
(c) Investigating and prosecuting such other criminal matters as the attorney general shall determine.
(d) Investigating and prosecuting medicaid fraud as directed by the attorney general.
(e) Representing the state in all post-conviction insanity proceedings.
III. (a) To assist the attorney general in his or her duty to exercise general supervision of criminal cases pending before the supreme and superior courts, the department of justice may hire a full-time attorney assigned to the bureau, who shall develop and implement a training program for regional, county, and state prosecutors. The topics including in the training shall include, but not be limited to, prosecutorial ethics, charging decisions, plea negotiations, and trial skills.
(b) There is established within the department of justice an unclassified full-time attorney position for the purpose of implementing and establishing a training program for regional, county, and state prosecutors as required in this paragraph. The salary for the full-time attorney position shall be established as provided for in RSA 94:1-a, I(c).
IV. (a) To assist the attorney general in his or her duty to exercise general supervision of officer-involved use of deadly force investigations and to provide training to local law enforcement officers, the department of justice may hire an unclassified full-time investigator assigned the bureau, who shall work on officer-involved use of deadly force investigations.
(b) There is established within the department of justice an unclassified full-time investigator position for the purpose of working on officer-involved use of deadly force investigations as required in this paragraph. Notwithstanding RSA 14:14-c and RSA 94:1-d, the salary for the full-time investigator position shall be established as a labor grade BB pursuant to RSA 94:1-a, I(a).
Source. 1985, 300:1, eff. July 1, 1985. 2018, 127:3, eff. July 1, 2019; 127:5, eff. July 29, 2018. 2019, 346:168, eff. July 1, 2019; 346:389, eff. July 1, 2019 at 12:01 a.m.
Section 21-M:8-a
21-M:8-a Medicaid Fraud Control Unit. –
I. There is hereby established within the criminal justice bureau of the department of justice, a medicaid fraud control unit. The unit shall be supervised by an assistant attorney general who shall be appointed by the attorney general in accordance with the provisions of RSA 21-M:3 and who shall carry out the duties imposed by this section under the supervision of the attorney general. The attorney general shall appoint such other assistant attorneys general pursuant to the provisions of RSA 21-M:3 and such additional investigative, clerical, stenographic and other staff as may be necessary to carry out the provisions of this section within the limits of the appropriations made for the unit.
II. The duties of the unit shall include, but not be limited to, the investigation and prosecution of violations of all applicable state laws pertaining to fraud in the
(a) Administration of the medicaid program;
(b) Provision of medical assistance under the state medicaid program;
(c) Activities of providers of medical assistance under the state medicaid program.
The unit shall also review complaints alleging abuse or neglect of patients in any health care facilities receiving payments under the state medicaid program and may review complaints of the misappropriation of patients' private funds in such facilities.
III. The department of health and human services shall cooperate with the medicaid fraud control unit in conducting such investigations and prosecutions and shall provide such information for those purposes as may be requested by the attorney general or his authorized representative.
Source. 1987, 207:1, eff. July 1, 1987.
Section 21-M:8-b
21-M:8-b Office of Victim/Witness Assistance. –
I. In this section:
(a) "Victim" means a person who suffers direct or threatened physical, emotional or psychological harm as the result of the commission or the attempted commission of a crime. "Victim" also includes the immediate family of any victim who is a minor or who is incompetent, or the immediate family of a homicide victim, or the surviving partner in a civil union.
(b) "Witness" means any person who has been or is expected to be summoned to testify for the state in a criminal case or who by reason of having relevant information is subject to call or likely to be called as a witness for the state, whether or not any action or proceeding has yet been commenced.
II. There is hereby established within the criminal justice bureau of the department of justice, the office of victim/witness assistance. The office shall be supervised by the director of victim/witness assistance who shall be appointed by the attorney general in accordance with the provisions of RSA 21-M:3, XI and who shall carry out the duties imposed by this section under the supervision of the attorney general and perform such other work as the attorney general may assign. The office shall provide information and services to victims and witnesses in criminal cases prosecuted by the attorney general and shall develop and coordinate a statewide victim/witness rights information program. The victim/witness rights information program shall:
(a) Provide victims or their representatives with information about the availability of social and medical services, especially emergency and social services available in the victim's immediate geographical area.
(b) Provide victims or their representatives with information about how to contact the appropriate county office of victim/witness assistance and the appropriate state or county prosecutor's office.
(c) Gather information from victim/witness assistance programs throughout the country and make that information available to county offices of victim/witness assistance, police departments, hospitals, prosecutor's offices, the courts, and other agencies that provide assistance to victims of crime.
(d) Sponsor conferences to bring together personnel working in the field of victim/witness assistance to exchange methods and procedures for improving and expanding services to victims.
(e) Provide victims or their representatives with information about the availability of and access to restorative justice programs including victim-initiated victim-offender dialogue programs offered through the department of corrections.
III. The office of victim/witness assistance shall seek to coordinate efforts with the county attorneys and the various law enforcement agencies in the provision of information and services to victims and witnesses.
IV. Notwithstanding RSA 9:17-c, salary and benefits moneys from any existing vacancy in the department of justice may be used to fund the positions in the office of victim/witness assistance.
V. The attorney general, subject to the approval of the governor and council, may appoint permanent victim/witness specialists within the limits of the appropriation made for the appointments, who shall hold office for a term of 5 years. Any vacancy in such position may be filled for the unexpired term. The victim/witness specialists may be removed only as provided by RSA 4:1.
VI. The attorney general, subject to the approval of the governor and council, may appoint unclassified, full-time temporary victim/witness specialists within the federal appropriations made for the appointment, who shall hold office subject to continuation of the federal grant funds supporting the victims/witness program. Any vacancy shall be filled in the same manner as the original appointment. The victim/witness specialists may be removed only as provided by RSA 4:1, or if the federal appropriation no longer supports the positions.
VII. There is established within the department of justice an unclassified full-time elections attorney. The salary of the elections attorney is established in RSA 94:1-a, I(c).
VIII. The office of victim/witness assistance shall develop a crime victims' rights card that describes in clear fashion a summary of the rights of crime victims under New Hampshire victims' rights laws and other information helpful to victims of crime. The office shall oversee the printing and the distribution of the card to first responders to provide to victims as soon as practicable.
IX. The office of victim/witness assistance shall develop and publish a set of professional guidelines for victims' assistance providers in the state of New Hampshire.
Source. 1987, 310:1. 2003, 319:37. 2009, 283:3, 5, eff. Sept. 27, 2009. 2019, 346:167, 178, eff. July 1, 2019. 2020, 24:2, eff. Sept. 18, 2020.
Section 21-M:8-c
21-M:8-c Victim of Alleged Sexual Offense. –
If a physician or a hospital provides any physical examination of a victim of an alleged sexual offense to gather information and evidence of the alleged crime, these services shall be provided without charge to the individual. Upon submission of appropriate documentation, the physician or hospital shall be reimbursed for the cost of such examination by the department of justice to the extent such costs are not the responsibility of a third party under a health insurance policy or similar third party obligation. The bill for the medical examination of a sexual assault victim shall not be sent or given to the victim or the family of the victim. The privacy of the victim shall be maintained to the extent possible during third party billings. Billing forms shall be subject to the same principles of confidentiality applicable to any other medical record under RSA 151:13. Where such forms are released for statistical or accounting services, all personal identifying information shall be deleted from the forms prior to release.
Source. 1988, 184:1, eff. April 26, 1988.
Section 21-M:8-d
21-M:8-d Standardized Rape Protocol and Kit and Domestic Violence Protocol. –
The department of justice shall adopt, pursuant to RSA 541-A, and implement rules establishing a standardized rape protocol and kit and a domestic violence protocol to be used by all physicians or hospitals in this state when providing physical examinations of victims of alleged sexual offenses and alleged domestic abuse, as defined in RSA 173-B:1.
Source. 1988, 184:1. 1993, 95:2, eff. Jan. 1, 1994.
Section 21-M:8-e
21-M:8-e Repealed by 1989, 417:6, eff. Jan. 1, 1990. –
Section 21-M:8-f
21-M:8-f Victims' Assistance Program; Administration. –
There is established a victims' assistance program to be administered by the department of justice.
Source. 1989, 417:2, eff. Jan. 1, 1990.
Section 21-M:8-g
21-M:8-g Victims' Assistance Commission. –
I. A victims' assistance commission is hereby established to review and award victims' claims for compensation. The attorney general shall nominate not fewer than 3 nor more than 5 persons to serve as members of this commission. Appointments shall be effective when the nominations are approved by the governor and council.
II. The commission may accept private donations and contributions to be used to compensate victims under RSA 21-M:8-h. Any money received by the commission pursuant to this paragraph shall be deposited to the account of the commission and shall not lapse.
III. The commission shall review claims from victims for compensation and make compensation awards from the victims' assistance fund and from private donations and contributions received under paragraph II.
IV. No later than September 15, 2010, and annually thereafter, the commission shall submit a written report detailing the number of claims for compensation made from the victims' assistance fund and the total amount of compensation granted from the fund for the preceding fiscal year, and the balance of the fund as of the end of the preceding fiscal year, to the chairpersons of the house and senate ways and means committees, the house criminal justice and public safety committee, and the senate judiciary committee.
Source. 1989, 417:2. 2010, 154:2, eff. Aug. 13, 2010.
Section 21-M:8-h
21-M:8-h Claimant Eligibility; Compensation. –
I. (a) Victims eligible for compensation are:
(1) Any person who sustains personal injury as a result of a felony or misdemeanor;
(2) Any person who sustains personal injury caused by a person driving under the influence of alcohol or controlled substances;
(3) Any person who is a victim of sexual abuse or human trafficking and is under the age of 18 at the time of the offense;
(4) Any person who is a victim of human trafficking and has been tattooed with an identifying mark of human trafficking by a person who has forced him or her into trafficking;
(5) Victims of the FRM fraud.
(b) In the case of a child victim, the claimant, guardian ad litem, advocate or parent may claim compensation in the victim's stead. If the victim is incompetent or in the case of a victim's death as a direct result of the crime, the immediate family of the victim is eligible to claim compensation. In this section, immediate family of the victim shall include the surviving partner in a civil union. In the case of a victim's disability as a direct result of the crime, the victim's legal representative may claim compensation in the victim's stead.
(c) A family member of a law enforcement officer, an inmate at a state or county correctional facility, and an individual who is not a citizen of the United States or who is not a legal alien shall be considered victims eligible for compensation under this section.
II. The claimant, guardian ad litem or child advocate, or parent may file a claim for compensation within 2 years of the crime, unless good cause is shown. A claimant who was the victim of sexual abuse or human trafficking under subparagraph I(a)(3), or a guardian ad litem, child advocate, or parent on behalf of such claimant, may file a claim at any time.
III. A claimant shall not be deemed ineligible for compensation based solely upon failure to apprehend the offender, or based upon failure of the state to obtain a conviction against the offender, providing there is reasonable evidence to sustain the claim that a crime had been committed which resulted in injury to the victim.
IV. The commission may consider the finding of innocence or guilt of the alleged offender in arriving at their determination of eligibility of the claimant. In determining eligibility and the amount of compensation to be awarded, the commission shall consider the contributory fault of the victim in causing his injury. If compensation is paid to members of the accused's immediate family, or persons who reside with or who have maintained a continuous relationship with the accused, the accused shall receive no benefit or enrichment as a result of payment of such compensation. The commission shall not consider contributory fault in determining the amount of compensation to be awarded if the claimant was a victim of sexual abuse or human trafficking under subparagraph I(a)(3).
V. The claimant may be reimbursed for reasonable out-of-pocket expenses, medical expenses, funeral expenses, counseling expenses, rehabilitative expenses, expenses associated with the victim's participation in post-conviction proceedings and victim-offender dialogue programs or other restorative justice programs, and lost wages directly resulting from the crime. Claimants eligible under subparagraph I(a)(4) may be reimbursed for the costs of removing the tattoo with an identifying mark. No reimbursement shall be paid unless the claimant has incurred reimbursable expenses of at least $100. There shall be a $50,000 maximum recovery per claimant per incident. If expenses paid through the victims' assistance program fund are later covered by insurance settlements, civil suit settlements, or restitution, or through any other source, the claimant shall reimburse the fund for the amount of expenses recovered.
V-a. Notwithstanding any right by a victim to claim restitution or a court order for restitution under RSA 651:62-67, a victim shall be eligible for compensation under this section.
VI, VII. [Repealed.]
VIII. Any person who was a victim of a crime under investigation by the cold case homicide unit as established in RSA 21-M:8-m shall be eligible for victim's compensation regardless of the date of the crime.
IX. Notwithstanding paragraph II, any person who was a victim of a crime for which the person convicted of the crime has filed a petition for post-conviction DNA testing under RSA 651-D shall be eligible for victim's compensation regardless of the date of the crime. Compensation under this paragraph shall be limited to qualified expenses incurred after the post-conviction DNA testing petition is filed.
X. (a) No person that has received notice of a claim filed pursuant to this section shall collect a debt or attempt to collect a debt resulting from a crime-related expense against a claimant under this section until an award is made to the claimant or the claim is determined to be noncompensable. The statute of limitations for the collection of such debts shall be tolled during the period of this prohibition.
(b) Any person who violates the provisions of this paragraph shall be liable to the claimant pursuant to the provisions of RSA 358-C:4.
(c) In this paragraph, "person" shall have the same meaning as in RSA 358-C:1, X.
XI. With the approval of the fiscal committee of the general court and the governor and council, the attorney general may request additional funds to pay claims for compensation to victims pursuant to RSA 21-M:8-h, on the warrant of the governor, out of any money in the treasury not otherwise appropriated.
XII. Notwithstanding paragraph II, any person who was a child victim of physical or sexual abuse, or any person who was a child when a parent or sibling was a victim of homicide, shall be eligible for victim's compensation regardless of the date of the crime. Compensation under this paragraph shall be limited to counseling expenses and expenses associated with the victim's participation in pre- and post-conviction proceedings incurred after the effective date of this paragraph.
Source. 1989, 417:2, 8. 1992, 220:6, I. 1993, 131:1. 1994, 394:1. 1996, 286:1-3. 2009, 240:1, 2. 2010, 154:1, eff. Aug. 13, 2010; 299:5, eff. Sept. 11, 2010. 2014, 257:6, 7, eff. Oct. 23, 2014. 2015, 201:1, 2, eff. Sept. 4, 2015. 2016, 293:4, eff. July 1, 2023. 2020, 24:3-5, eff. Sept. 18, 2020. 2022, 50:1, 2, eff. July 19, 2022; 68:1, eff. July 19, 2022.
Section 21-M:8-i
21-M:8-i Administration of Fund. –
I. Subject to the availability of money in the victims' assistance fund, the attorney general shall make grants for the establishment and maintenance of victim assistance programs.
II. A victim assistance program is eligible to receive grants under this section if such program:
(a) Is within the office of a county attorney; or
(b) Is operated by a public agency or a private nonprofit organization or a combination of such agencies or organizations and provides services to victims of crime, and demonstrates:
(1) a record of providing effective services to victims of crime and financial support from sources other than the fund; or
(2) substantial financial support from sources other than the fund; or
(c) Is a program approved by the attorney general and provides services to victims of sexual assault.
III. A victim assistance program shall expend sums received under this section only for providing services to victims of crime.
IV. No more than 30 percent of the money in the victims' assistance fund shall be used by the attorney general for the costs of administration of the victims' assistance fund and the administrative costs of the victims' assistance commission.
V. The remainder of the money in the victims' assistance fund shall be used by the attorney general for the compensation of victims in accordance with RSA 21-M:8-h.
Source. 1989, 417:2. 1999, 261:2. 2002, 176:2, 3, eff. July 1, 2002. 2023, 79:261, eff. July 1, 2023.
Section 21-M:8-j
21-M:8-j Rulemaking. –
The attorney general shall adopt rules, pursuant to RSA 541-A, relative to:
I. The application procedure for victims' assistance claims.
II. The standards which the victims' assistance commission shall apply in making a determination on each claim.
III. The qualifications, nomination procedures, and terms for victims' assistance commission members.
IV. The reimbursement of funds awarded to persons compensated by the victims' assistance fund who later receive compensation for injuries or expenses from other sources.
V. Procedures for payment of compensation when paid to members of the accused's immediate family or persons who reside with or have maintained a continuous relationship with the accused, which will prevent the accused from receiving any benefit or enrichment from such compensation.
Source. 1989, 417:2, eff. Jan. 1, 1990.
Section 21-M:8-k
21-M:8-k Rights of Crime Victims. –
I. As used in this section:
(a) "Victims" means a person who suffers direct or threatened physical, emotional, psychological or financial harm as a result of the commission or the attempted commission of a crime. "Victim" also includes the immediate family of any victim who is a minor or who is incompetent, or the immediate family of a homicide victim, or the surviving partner in a civil union.
(b) "Crime" means a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than one year or an offense expressly designated by law to be a felony; a misdemeanor sexual offense; an offense listed in RSA 173-B:1, I; a violation of a protective order under RSA 458:16, III; or after arraignment, a violation of a protective order issued under RSA 173-B.
II. To the extent that they can be reasonably guaranteed by the courts and by law enforcement and correctional authorities, and are not inconsistent with the constitutional or statutory rights of the accused, crime victims are entitled to the following rights:
(a) The right to be treated with fairness and respect for the victim's safety, dignity, and privacy throughout the criminal justice process.
(b) The right to be informed about the criminal justice process and how it progresses.
(c) The right to be free from intimidation and to be reasonably protected from the accused throughout the criminal justice process, including the right to relocate for the victim's safety.
(d) The right to reasonable and timely notice of all court proceedings, including post-conviction proceedings, and administrative proceedings including parole and probation.
(e) The right on the same basis as the accused to attend trial and all other court proceedings, including post-conviction proceedings.
(f) The right to confer with the prosecution and to be consulted about the disposition of the case, including plea bargaining.
(g) The right to have inconveniences associated with participation in the criminal justice process minimized.
(h) The right to be notified if presence in court is not required.
(i) The right to be informed about available resources, financial assistance, and social services.
(j) The right to full and timely restitution, as granted under RSA 651:62-67 or any other applicable state law, or victim's compensation, under RSA 21-M:8-h or any other applicable state law, for their losses.
(k) The right to be provided a secure, but not necessarily separate, waiting area during court proceedings.
(l) The right to be advised of case progress and final disposition.
(m) The right of confidentiality of the victim's address, place of employment, and other personal information.
(n) The right to the prompt return of property when no longer needed as evidence.
(o) The right to have input in the probation presentence report impact statement.
(p) The right to appear and be heard at any disposition and any proceeding involving the release, plea, sentencing, or parole of the accused, including the right to be notified of, to attend, and to make a written or oral impact statement at the sentence review hearings and sentence reduction hearings. No victim shall be subject to questioning by counsel when being heard.
(q) The right to be notified of an appeal, an explanation of the appeal process, the time, place and result of the appeal, and the right to attend the appeal hearing.
(r) The right to be notified of, to attend, and to make a written or oral victim impact statement at the sentence review hearings and sentence reduction hearings. No victim shall be subject to questioning by counsel when giving an impact statement.
(s) The right to be notified of any change of status such as prison release, permanent interstate transfer, or escape, and the date of the parole board hearing, when requested by the victim.
(t) The right to address or submit a written statement for consideration by the parole board on the defendant's release and to be notified of the decision of the board, when requested by the victim.
(u) The right to all federal and state constitutional rights guaranteed to all victims of crime on an equal basis, and notwithstanding the provisions of any laws on capital punishment, the right not to be discriminated against or have their rights as a victim denied, diminished, expanded, or enhanced on the basis of the victim's support for, opposition to, or neutrality on the death penalty.
(v) The right to access to restorative justice programs, including victim-initiated victim-offender dialogue programs offered through the department of corrections.
(w) The right to be informed of the filing of a petition for post-conviction DNA testing under RSA 651-D.
(x) The right to have the prosecuting attorney notify the victim's employer, if requested by the victim, of the necessity of the victim's cooperation and testimony in a court proceeding that may necessitate the absence of the victim from work for good cause.
II-a. (a) In any case where the victim informs the court that he or she requires assistance in making an oral or written impact statement permitted under this section, the court shall allow the victim to designate a representative to write or speak on the victim's behalf.
(b) The victim's impact statement shall not be limited to the injuries, harm, or damages noted in the information or indictment, but may include all injuries, harm, and damages suffered as a result of the commission or attempted commission of the crime whether or not the injuries, harm, or damages were fully determined or discovered at the time the information or indictment was filed.
III. Nothing in this section shall be construed as creating a cause of action against the state, a county or municipality, or any of their agencies, instrumentalities, or employees. Nothing in this section shall be construed as creating any new cause of action or new remedy or right for a criminal defendant.
IV. The attorney general shall annually provide copies of current crime victims statutes, if available as a single publication from a commercial publisher, without charge only upon request of the members of the house criminal justice and public safety committee and senate judiciary committee.
Source. 1991, 39:2. 1993, 356:2. 2003, 259:1. 2007, 225:1, 2. 2009, 283:4, 6; 312:1. 2010, 299:4, eff. Sept. 11, 2010. 2020, 24:6, eff. Sept. 18, 2020.
Section 21-M:8-l
21-M:8-l Restitution to the Victims' Assistance Fund. –
I. Notwithstanding RSA 651:63, a court may order restitution to the victims' assistance fund as part of a sentence, to the extent that moneys were awarded to the victim of the crime from the victims' assistance fund, if the court finds that:
(a) Restitution shall replenish the victims' assistance fund.
(b) The victims' assistance fund has not been reimbursed for the moneys expended from another source.
II. If restitution to the fund is ordered, the amount of assistance provided by the fund shall be established by copies of bills submitted to the victims' assistance commission reflecting the amount paid from the fund and stating that the services for which payment was made were for uninsured pecuniary losses.
III. (a) The victim's residential address, telephone number, and other contact information, and the victim's Social Security number shall be confidential and shall be redacted by the victims' assistance commission from any document used to establish the amount paid from the fund for the purpose of restitution.
(b) In cases involving stalking, sexual offenses, domestic violence, and homicide, in addition to the information listed in subparagraph (a), the victim's employer's name, telephone number, address, and other contact information; and the victim's medical or mental health provider's name, telephone number, address, and other contact information shall be confidential and shall not be disclosed for any purpose, absent a court order.
Source. 1993, 42:1. 1996, 286:21, I, eff. July 1, 1997. 2020, 24:7, eff. Sept. 18, 2020.
Section 21-M:8-m
21-M:8-m Cold Case Homicide Unit. –
I. The attorney general and the commissioner of the department of safety shall collaborate to establish a cold case homicide unit to work exclusively on unsolved murders in the state. The unit shall consist of such personnel from the division of state police and the department of justice as the commissioner of the department of safety and the attorney general shall determine. The commissioner and the attorney general, or their designees, shall develop procedures for the operation of the unit.
II. The departments of justice and safety shall jointly provide administrative support as may be necessary to the cold case unit.
III. [Repealed.]
IV. The attorney general shall apply for, accept, and expend funds from federal, private, or any other source for the purposes of this section. Funding for the state police and department of justice personnel for the cold case unit established in paragraph I shall be contingent upon the receipt of grants or federal funds for such purpose, including but not limited to, funds received pursuant to the American Recovery and Reinvestment Act of 2009, Public Law 111-5, 111th Cong. (2009).
V. The commissioner of the department of safety and the attorney general, or their designees, shall jointly issue a report on the activities and results of the cold case unit no later than December 1 of each year to the governor, the speaker of the house of representatives, the president of the senate, and the state librarian.
Source. 2012, 200:1, eff. Aug. 12, 2012. 2023, 127:5, II, eff. Jan. 1, 2024.
Section 21-M:9
21-M:9 Consumer Protection and Antitrust Bureau. –
I. There is established in the division of public protection a consumer protection and antitrust bureau. The bureau shall be supervised by a senior assistant attorney general who shall be appointed by the attorney general in accordance with the provisions of RSA 21-M:3 and who shall carry out the provisions of this section under the supervision of the attorney general and do such other work as the attorney general may assign. The attorney general shall also appoint an investigator and such other staff as may be necessary to carry out the provisions of this section within the limits of the appropriations for the bureau.
II. The duties of the bureau shall include, but not be limited to, the following:
(a) Receiving, investigating, and attempting to resolve complaints by individual consumers of unfair or deceptive business practices.
(b) Bringing civil and criminal actions in the name of the state to redress unfair or deceptive trade or business practices.
(c) [Repealed.]
(d) Administering and enforcing the provisions of the land sales full disclosure act, RSA 356-A.
(e) Administering and enforcing the provisions of the condominium act, RSA 356-B.
(f) Administering the provisions of RSA 356-C, relative to protection of tenants in conversion of rental units.
(g) [Repealed.]
(h) Administering and enforcing the provisions of RSA 358-A, relative to regulation of business practices for consumer protection.
(i) Administering and enforcing the provisions of RSA 358-B, relative to chain distributor schemes.
(j) Administering and enforcing the provisions of RSA 358-C, relative to unfair, deceptive, or unreasonable collection practices.
(k) Administering and enforcing the provisions of RSA 358-D, relative to regulation of motor vehicle repair facilities.
(l) Administering and enforcing the provisions of RSA 358-E, relative to distributorship disclosure.
(m) Administering and enforcing the provisions of RSA 358-F, relative to sale of unsafe used motor vehicles.
(n) Administering and enforcing the provisions of RSA 358-G, relative to regulation of auctions.
(o) Administering and enforcing the provisions of RSA 358-H, relative to regulation of rental referral agencies.
(p) Administering and enforcing the provisions of RSA 358-I, relative to regulation of health clubs.
(q) Administering and enforcing the provisions of RSA 358-J, relative to regulation of buying clubs.
(r) Administering and enforcing the provisions of RSA 359-B, relative to consumer credit reporting.
(s) Administering and enforcing antitrust laws, including the provisions of RSA 356, relative to combinations and monopolies.
(t) [Repealed.]
(u) Investigating and prosecuting disciplinary proceedings before state professional licensing boards.
(v) Investigating and enforcing privacy and security of personal information and data privacy rights.
III. The bureau may disclose to the public the number and type of complaints or inquiries filed by consumers against a particular person, as defined by RSA 358-A:1, I; provided, however, that no such disclosure shall abridge the confidentiality of consumer complaints or inquiries.
Source. 1985, 300:1. 1987, 406:7, 11. 1992, 272:4. 1994, 306:9. 1996, 263:10, eff. Jan. 1, 1997. 2023, 79:484, eff. July 1, 2023.
Section 21-M:10
21-M:10 Environmental Protection Bureau. –
I. There is established in the division of public protection an environmental protection bureau. The bureau shall be supervised by a senior assistant attorney general who shall be appointed by the attorney general in accordance with the provisions of RSA 21-M:3 and who shall carry out the duties imposed by this section under the supervision of the attorney general and do such other work as the attorney general may assign. The attorney general shall appoint such other assistant attorneys general pursuant to the provisions of RSA 21-M:3 and such additional clerical, stenographic, and other staff as may be necessary to carry out the provisions of this section within the limits of the appropriations made for the bureau.
II. The environmental protection bureau shall have the following duties and functions:
(a) Enforcing statutes pertaining to environmental protection, control, and preservation.
(b) Counseling state agencies and commissions given responsibility over environmental concerns, including, but not limited to, the department of environmental services and the pesticides control board.
(c) Exercising the common law powers of the attorney general to protect the environment.
(d) Bringing public nuisance and other actions in superior court in the name of the state upon complaint by private citizens when in the opinion of the attorney general the activity or activities complained of may have a substantial impact upon the environment of the state.
III. The environmental protection bureau is hereby authorized to call upon any other state department, agency, commission, authority, or institution for whatever help or assistance the senior assistant attorney general deems necessary to investigate and prosecute cases involving environmental damage and such other departments, agencies, commissions, authorities, and institutions are hereby required to immediately cooperate with and assist the division without charge.
Source. 1985, 300:1. 1986, 202:6, I(a). 1996, 228:3, eff. July 1, 1996.
Section 21-M:11
21-M:11 Bureau of Civil Law. –
I. There is established within the division of legal counsel a bureau of civil law. The bureau shall be supervised by a senior assistant attorney general who shall be appointed by the attorney general in accordance with the provisions of RSA 21-M:3 and who shall carry out the duties imposed by this section under the supervision of the attorney general and do such other work as the attorney general may assign. The attorney general shall appoint such other assistant attorneys general pursuant to the provisions of RSA 21-M:3 and such additional clerical, stenographic, and other staff as may be necessary to carry out the provisions of this section within the limits of the appropriations made for the bureau.
II. The duties of the bureau shall include, but not be limited to, the following:
(a) Providing advice and legal representation in civil matters for all executive branch agencies;
(b) Providing advice and legal representation for the state in land acquisition matters;
(c) Regulating charitable trusts, as provided for by RSA 7:19 through 7:32-a.
III. The department of justice shall have the authority to hire a full-time attorney assigned to the bureau, who shall act as legal counsel for state executive agencies in the procurement, negotiation, and development of contracts as determined by the attorney general. Each agency shall notify the department of justice of its intent to procure a contract or enter into any agreement that may materially impact the state, according to criteria established by the department of justice, including but not limited to, contract value, complexity, and performance obligations.
IV. To assist the attorney general in his or her duty to exercise supervision of campaign finance, election law, inaugural committee oversight, and lobbying matters, the department of justice may hire:
(a) An unclassified full-time investigator assigned to the bureau, who shall work exclusively on, campaign finance, election law, inaugural committee oversight, and lobbying matters. Notwithstanding RSA 14:14-c, the salary for the full-time investigator position shall be established as a salary grade BB.
(b) A classified full-time investigative paralegal assigned to the bureau, who shall work exclusively on campaign finance, election law, inaugural committee oversight, and lobbying matter. The classification shall be a paralegal II, labor grade 19.
Source. 1985, 300:1, eff. July 1, 1985. 2015, 276:19, eff. July 1, 2015. 2019, 346:267, eff. July 1, 2019.
Section 21-M:11-a
21-M:11-a Youth Development Center Claims Administration and Settlement Fund. –
I. In this section:
(a) "Administrator" means an independent, neutral attorney admitted to the practice of law in New Hampshire, chosen in the manner set forth in paragraph III to administer youth development center claims pursuant to this section. The administrator shall have all of the duties and authority granted pursuant to RSA 542, except as otherwise provided in this section.
(b) "AG designee" means one or more individuals within the attorney general's office designated by the attorney general.
(c) "Claim" means a request for compensation related to one or more incidents of sexual abuse and/or physical abuse perpetrated upon a former YDC resident by or at the behest of a member of the YDC staff.
(d) "Claimant" means an individual who has filed a claim.
(e) "Former YDC resident" means an individual who resided at the YDC at any time.
(f) "Fund" means the YDC settlement fund established in this section.
(g) "Fact facilitator" means one or more individuals assigned by the administrator to independently investigate a claim.
(h) "Physical abuse" means an incident of conduct that would constitute an offense under RSA 631:1, RSA 631:2, or RSA 631:2-a, and that is not justified under RSA 627:6, or a common law cause of action for assault or battery.
(i) "Sexual abuse" means an incident of conduct which would constitute an offense under RSA 632-A:2, RSA 632-A:3, or RSA 632-A:4, or a common law cause of action for assault or battery that involves sexual contact or sexual penetration as defined by RSA 632-A:1.
(j) "Unlawful confinement" means placement in isolation as discipline without such process as was due under the circumstances or under conditions of confinement that were grossly out of proportion to the severity of the conduct giving rise to the discipline, or not as punishment, and not for another legitimate penological goal or purpose such as the safety or security of the resident or others.
(k) "Youth development center" or "YDC" means the youth development center as identified in RSA 621, or its renamed or successor entity, and any predecessor entity performing the function of housing adjudicated delinquent or pre-adjudication detained youth, including the State Industrial School, the Philbrook School, the Tobey Special Education School and the Youth Services Center.
These definitions shall be applicable to claimants, claims, the claims process, and the fund governed by this section. This section is not intended in any way to expand or limit the rights of individuals or the state under any other state statutory or common law.
II. There is hereby established in the state treasury the YDC settlement fund which shall be kept distinct and separate from all other funds. The fund shall be administered by the attorney general, who shall use the funds for the purpose of administering claims of former YDC residents as defined in this section. The fund shall be nonlapsing and continually appropriated to the department of justice until June 30, 2032, after which date the fund shall lapse to the revenue stabilization reserve account established in RSA 9:13-e, II, unless earlier discontinued by the attorney general, in consultation with the administrator, or as otherwise provided by law. Settlement amounts paid to former YDC residents shall be as determined by the process outlined in this chapter. The attorney general may enter into memoranda of understanding with the judicial branch or any state agency as necessary to compensate them for services performed in furtherance of this chapter.
III. There is further established in the judicial branch a temporary full-time or part-time position known as the youth development center claims administrator, to be appointed by the supreme court. A part-time administrator may maintain a private, unrelated mediation or legal practice apart from the duties as administrator notwithstanding any other provision of rule or law to the contrary. The supreme court shall appoint an administrator agreed to by the attorney general and counsel for claimants. If the attorney general and counsel for claimants are unable to agree upon an administrator, the supreme court shall select the administrator from the candidates submitted to the court by the attorney general and counsel for claimants, not later than 30 days following the court's receipt of the candidates. The attorney general and counsel for claimants shall each submit two candidates, not later than 30 days following the joint fiscal committee's approval of the claim process and guidelines as provided in paragraph IV. The administrator shall receive compensation at no more than the rate of salary of an active superior court justice and shall, if working full-time, receive the same benefits as other non-judicial employees of the judicial branch. If working part-time, the administrator shall receive compensation at no more than the equivalent per diem rate of an active superior court justice, provided that in any calendar year, the administrator shall not receive more in total compensation than that received by an active superior court justice. The judicial branch shall provide the administrator and any necessary support staff with office space. The salary, benefits, and expenses of the administrator, and any necessary support staff, shall be paid from the fund. The administrator shall report to the chief justice of the supreme court or the chief justice's designee for employment-related purposes, but the supreme court shall have no authority to review the administrator's decisions. At such time as the administrator's duties are concluded, or at such time as full-time service by the administrator is no longer needed to carry out the administrator's duties, the supreme court shall either eliminate the administrator's position or reduce it from a full-time to a part-time position as may be appropriate. The supreme court may remove the administrator if, after a request for removal received from the attorney general or claimants' counsel, or upon the court's own motion, the court determines that good cause for removal exists. Once appointed, the administrator shall process claims as provided herein and may settle claims at such amounts as may be agreed upon between the AG designee and each claimant, or at amounts which are determined by the administrator, giving due consideration to the guidelines adopted by the joint fiscal committee as provided in paragraph IV.
IV. (a) As soon as practical following the effective date of this section, the attorney general, after making good faith efforts to reach agreements with claimants' counsel, and with input from the attorney general's victim/witness advocates, shall develop and present to the joint fiscal committee a claims process consistent with this section including the development of claim forms, identification of necessary or helpful documentation, and guidelines for valuing claims for settlement purposes which take into consideration the following factors:
(1) The nature and character of the acts of physical abuse and sexual abuse.
(2) The frequency and duration of those acts.
(3) Aggravating and mitigating factors such as whether the acts were also accompanied by unlawful confinement, the impact on the claimant relative to others similarly situated, the applicable statute of limitations and other potentially available legal defenses if the claims were pursued as litigation, the legal standards in effect at the time of the acts, whether the acts were previously reported to persons in a position of authority, whether the acts can be corroborated through contemporaneous reports by the claimant to others.
(4) Any other factor that may be relevant.
(b) The guidelines may group similar claims by type and suggest a value or range of values for each type of claim. The goal of the guidelines shall be to ensure the fair and uniform valuation of claims so that the claims of similarly situated claimants are valued similarly. The joint fiscal committee shall review and vote to either approve or object to the proposed claims process and guidelines within 30 days of receipt. If the joint fiscal committee votes to object to the proposed claims process and guidelines, the joint fiscal committee shall articulate its reasons for objection in writing and claimants' counsel and the attorney general shall present for approval a revised version of the proposed claims process and guidelines that addresses the joint fiscal committee's concerns. The joint fiscal committee shall approve a claims process and guidelines prior to appointment of an administrator as set forth in paragraph III. Once approved, the guidelines shall be binding on the AG designee and the administrator. The claims process and guidelines may be revised periodically as deemed necessary by the administrator, again with input from claimants' counsel and the attorney general, and with the approval of the joint fiscal committee.
V. For all claims involving both sexual and physical abuse or sexual abuse only, no individual claimant shall be paid more than $1,500,000 in settlement of all claims in the aggregate. For all claims involving physical abuse only, no individual claimant shall be paid more than $150,000 in settlement of all physical abuse claims in the aggregate.
VI. Beginning not later than November 1, 2022, the administrator shall publish notice to the public of the establishment of the YDC settlement fund and the opportunity for former YDC residents to file claims. Such notice shall be published in a newspaper of general circulation in every county in the state, at least once a week for at least 2 consecutive weeks. Such notice shall also be published at least once in a newspaper of national circulation. Such notice shall also be published on such social media platforms as are appropriate in the discretion of the administrator for at least 6 consecutive weeks. Additionally, such notice shall be published to the current residents of all New Hampshire correctional facilities by means of posting or other customary means for such facility, shall be made available by the attorney general via press release, and shall be posted on the attorney general's public website. The publication shall constitute conclusive proof in judicial proceedings of the latest date by which all persons, in the exercise of reasonable diligence, could have discovered both their injuries and the causal relationship of their injuries to the acts or omissions of any employees or agents of the state regarding any incident which might have been the subject of a claim, whether or not such a claim was filed.
VII. (a) Any former YDC resident may file a claim. A claim subject to the procedure established in this section may be filed only by the former YDC resident who was personally subject to sexual abuse or physical abuse. No claim shall be filed for collateral injuries or damages suffered by any other person resulting from sexual abuse or physical abuse of the former YDC resident, including claims for loss of consortium or emotional distress suffered by relatives of the former YDC resident. No claim shall be filed by the executor or administrator of a deceased former YDC resident, but a claim may be filed by the guardian or conservator of a living former YDC resident who is incapacitated. Once a claim has been properly filed by a living former YDC resident, the subsequent death of that claimant shall not extinguish the claim.
(b) Claims may be filed beginning January 1, 2023. Claims shall not be accepted after December 31, 2024.
(c) A former YDC resident's participation in this claims process is voluntary. A former YDC resident who elects not to participate in the claims process retains the right to pursue a claim in a judicial or other forum. A former YDC resident is entitled to consult with counsel before deciding whether to participate in the claims process. The administrator shall identify and publish the names of attorneys willing to consult with former YDC residents concerning their decision to file a claim.
(d) This section constitutes the state's offer to resolve completely and finally all of the former YDC resident's claims through the claims process established. By filing a claim, the claimant agrees that he or she will participate in the claims process, and, if the claimant requests that the administrator decide the claim, agrees to accept the determination of the administrator as final and binding, even if the claimant does not receive any payment from the fund. The submission of a claim shall constitute an agreement in writing to submit the claim to arbitration as provided in RSA 542:1.
(e) By filing a claim, a claimant waives his or her right to simultaneously seek other or additional monetary relief in any forum from the state of New Hampshire or any of its agents or employees, or from any of its political subdivisions or their agents or employees arising out of or relating to any incidents which are or could have been the subject of a claim, except that the claimant does not waive his or her right to seek or continue to seek relief in any forum from an individual whose direct, personal actions constitute sexual abuse or physical abuse, even if said individual was a state employee at the time of the acts. The administrator shall require a claimant to execute appropriate agreements or motions to stay any pending proceedings as a condition to processing claims provided that such documents expressly preserve the right to pursue claims against individual perpetrators as described.
(f) Claims shall be submitted under oath. Claimants shall be entitled to be treated with respect and dignity in the presentment of their claims. Claimants who are believed by the administrator to have deliberately submitted false claims may be referred to an appropriate law enforcement agency. Perpetrators of sexual abuse or physical abuse identified by claimants may be referred to an appropriate law enforcement agency by the administrator, but only with the consent and cooperation of the claimant. A claimant shall not be required to cooperate in a criminal investigation as a condition of participating in the claim process.
(g) Claims and all documents and information created in connection with claims shall be confidential, except that matter which was not previously confidential shall not become so by virtue of being submitted in connection with a claim, or except as otherwise provided in this section or in RSA 91-A. This confidentiality is provided in order to protect the privacy of the claimant, and only for that reason. The claimant shall not be bound by this obligation of confidentiality and may waive it at any time.
VIII. (a) Within 30 days of receipt of a claim, the administrator shall acknowledge its receipt in writing and provide a copy to the AG designee.
(b) Within 60 days of receipt of a claim, the administrator shall review the claim, and indicate whether the claim is considered complete as submitted, or if not, what additional information is required. If the administrator requires additional information, the claimant shall provide that information within 90 days of being notified that additional information is needed, or the claim may be denied as incomplete, provided, that the administrator may grant the claimant an extension of time for good cause shown. The administrator shall also provide any additional documentation received to the AG designee.
(c) Once a claim is considered complete, the AG designee shall have 30 days to indicate to the claimant and the administrator its position regarding the claim. The AG designee may agree or disagree with the claim in whole or in part, and shall indicate whether he or she believes the claim should be referred to a fact facilitator. The administrator may grant the AG designee an extension of time to indicate its position for good cause shown.
(d) Following receipt of the AG designee's position, the administrator may refer a claim to a fact facilitator if, in the administrator's independent judgment, an investigation is needed. The administrator shall direct the investigator as to any particular aspects of the claimant's claim for which the administrator seeks further information or verification, and in such case, the investigation shall be limited to that scope. If the administrator elects not to refer a claim to a fact facilitator, then the administrator shall so notify the AG designee and the claimant, and advise the claimant in writing regarding his or her options: to accept the AG designee's position, to request the administrator decide the claim, or to withdraw his or her claim from further processing. Within 30 days of receiving the position of the AG designee, the claimant shall indicate to the administrator and the AG designee whether he or she agrees with the AG designee's position, whether he or she wishes for the administrator to decide the claim, or whether he or she wishes to withdraw his or her claim from further processing. In the absence of an indication from the claimant, the administrator may assume that the claimant is in agreement with the position of the AG designee.
(e) The purpose of an investigation shall be to verify a claim, as submitted, if possible. The investigation shall, to the greatest extent possible, be conducted in a trauma-informed, respectful, and dignified manner. The investigation may include an interview of the claimant, which may be conducted under oath and recorded. The fact facilitator may also request to review additional records related to the claim. The claimant shall be entitled to the assistance of an advocate in connection with the investigation process who shall be allowed to accompany the claimant during any interview. The claimant shall execute such documents or authorizations as may be necessary to permit the fact facilitator to access records. If the claimant is represented by counsel, counsel shall also be allowed to attend any interview of the claimant. A claim may be denied if a claimant refuses to cooperate with the investigation. Except in extraordinary circumstances, investigations should be completed within 90 days of referral.
(f) The fact facilitator shall present a report to the administrator of his or her findings, which shall include a summary of any interviews conducted or records gathered, a copy of any such supporting documentation, records and recordings. The administrator shall provide a copy of the fact facilitator's report and supporting documentation to the claimant and the AG designee once received.
(g) Within 30 days of receiving the investigation report, the AG designee shall indicate to the claimant and the administrator its updated position regarding the claim, and the administrator shall advise the claimant in writing regarding his or her options: to accept the AG designee's position, to request the administrator decide the claim, or to withdraw his or her claim from further processing.
(h) Within 30 days of receiving the updated position of the AG designee, the claimant shall indicate to the administrator and the AG designee whether he or she agrees with the AG designee's position, whether he or she wishes for the administrator to decide the claim, or whether he or she wishes to withdraw the claim from further processing. In the absence of an indication from the claimant, the administrator may assume that the claimant is in agreement with the position of the AG designee. If the claimant and the AG designee are in agreement regarding the disposition of the claim, the administrator shall make an award consistent with the parties' agreement.
(i) The AG designee and the claimant or claimant's counsel may also engage in discussion separate and apart from their stated claim positions in an effort to resolve their disagreements regarding a claim. Such discussions shall be treated in like fashion to settlement discussions conducted under New Hampshire rules of evidence 408, and the administrator shall not be apprised of efforts to compromise in the event that the claim proceeds to a resolution proceeding.
IX. (a) When a claimant requests that the administrator decide the claim, the administrator shall schedule the claim for a resolution proceeding according to the procedures approved by the joint fiscal committee. All resolution proceedings shall take place in the state of New Hampshire, although parties and witnesses may attend by telephone or video conference in the discretion of the administrator. To the greatest extent possible, claims shall be scheduled for resolution in the order that they are received and determined to be complete, except that the administrator may also give consideration to the time for which litigation may have been pending prior to the filing of a claim. When a claimant accepts the administrator's decision on the claim, a claimant fully waives his or her right to seek other or additional monetary relief in any forum from the state of New Hampshire or any of its agents or employees, or from any of its political subdivisions or their agents or employees arising out of or relating to any incidents which are or could have been the subject of a claim, except that the claimant does not waive his or her right to seek or continue to seek relief in any forum from an individual whose direct, personal actions constitute sexual abuse or physical abuse, even if said individual was a state employee at the time of the acts. The administrator shall require a claimant to execute appropriate dismissals, waivers, releases, or other documents as a condition of scheduling a resolution proceeding, provided that such documents expressly preserve the right to pursue claims against individual perpetrators as described.
(b) The administrator may require such submissions by the parties as the administrator determines, may consider such information as the administrator deems appropriate, and shall resolve claims based upon written submission, through conciliation, by conducting a hearing, or on any other basis determined by the administrator. The claimant shall be entitled to the assistance of an advocate in connection with the resolution process who shall be allowed to accompany the claimant during any hearing or meeting.
(c) Any hearing conducted by the administrator shall be scheduled for not more than 3 hours unless good cause is shown regarding the need for more time and shall be conducted in a victim-centered, trauma informed way, to the greatest extent possible. If the claimant is represented by counsel, counsel shall also be allowed to attend and participate in any hearing.
(d) At any hearing, any witnesses who testify shall be sworn.
(e) The administrator shall issue a written decision to the parties within 30 days of the conclusion of the resolution process. The administrator's decision regarding the claim shall be final and non-appealable, and the provisions of RSA 542:8, RSA 542:9, and RSA 542:10 shall not apply, provided, however, that either the claimant or the AG designee may request the administrator to reconsider a decision on grounds that it contains mathematical mistakes or miscalculations.
X. Upon the rendering of any final decision to approve payment of any part of a claim, whether made by the administrator pursuant to the agreement of the claimant and the AG designee or pursuant to a determination by the administrator following a resolution proceeding, the payment shall be made from the YDC settlement fund established in paragraph II. In addition, the claimant may request, and the administrator shall hold a face-to-face meeting with the claimant where the claimant may speak with the administrator without the AG designee present. The conduct of such a meeting shall not be considered a part of a resolution process and shall be not be available if a resolution process is requested until after it is completed.
XI. Any agreement between the claimant and the AG designee and any determination by the administrator may include a determination that a claim should be paid in annual installments over a period of up to 10 years. A claimant may indicate that he or she does not wish to receive installment payments, and the administrator shall honor the claimant's wishes in this regard. Additionally, a claimant may request that he or she receive the award in the form of periodic payments under a structured settlement that (i) is the subject of a qualified assignment that satisfies the conditions of Internal Revenue Code Section 130 and releases the fund from any liability for the periodic payments; and (ii) is funded by an annuity contract issued by a life insurance company domiciled in the United States, licensed in New Hampshire and rated A or better by A.M. Best. Upon receipt of such a request, the administrator shall accommodate the processing of an award in said fashion. Additionally, the administrator may maintain and provide to claimants a list of licensed structured settlement specialists who have indicated a desire to assist in establishing periodic payments to meet a claimant's anticipated needs.
XII. If the administrator determines that a shortfall in the YDC settlement fund is likely to occur, the administrator, in consultation with the attorney general, shall request additional funds from the legislature.
XIII. The costs of administration of the fund and any costs of the attorney general which are outside of the ordinary operational expenses of the department of justice shall be paid from the fund.
XIV. The administrator may approve all fees and costs of attorneys who represent claimants in proceedings before the administrator. The administrator shall not approve any request of an attorney for fees or costs which are not reasonable. The administrator shall not approve an attorney's fee in excess of 33 1/3 percent of the amount of the award. All costs and attorney's fees paid to a claimant's attorney shall be paid from the amount awarded to the claimant.
XV. The administrator, in consultation with the attorney general, shall quarterly submit a report to the speaker of the house of representatives, the president of the senate, the joint fiscal committee and the governor providing information as to the number and nature of claims made and settled, the amounts requested and paid in settlement to date, the claim amounts pending, an estimate of the likely amounts which will be approved and paid, the administrative costs which have been paid, and an estimate of future administrative costs to be paid. The report shall be structured to protect the privacy and anonymity of the claimants. The attorney general shall also post the report on the department of justice's public website.
Source. 2022, 122:2, eff. May 27, 2022. 2023, 79:487-489, eff. July 1, 2023.
Section 21-M:12
21-M:12 Public Safety and Infrastructure Bureau. –
I. There is established in the division of legal counsel a bureau of public safety and infrastructure. The bureau shall be supervised by a senior assistant attorney general who shall be appointed by the attorney general in accordance with the provisions of RSA 21-M:3 and who shall carry out the duties imposed by this section under the supervision of the attorney general and do such other work as the attorney general may assign. The attorney general shall appoint such other assistant attorneys general pursuant to the provisions of RSA 21-M:3 and such additional clerical, stenographic, and other staff as may be necessary to carry out the provisions of this section within the limits of the appropriations made for the bureau.
II. The duties of the bureau shall include, but not be limited to, the following:
(a) Advising any department, division, bureau, or agency of the state whenever it contemplates the taking of or takes private property.
(b) Representing any department, division, bureau or agency of the state in the taking of any interest in private property.
Source. 1985, 300:1. 1987, 406:4, eff. July 25, 1987. 2023, 79:257, eff. July 1, 2023.
Section 21-M:12-a
21-M:12-a Office of the Solicitor General. –
I. There is established within the department an office of the solicitor general. The office shall be supervised by the solicitor general who shall be a senior assistant attorney general appointed by the attorney general in accordance with the provisions of RSA 21-M:3, and who shall carry out the duties imposed by the section under the supervision of the attorney general and perform such other work as the attorney general may assign. The attorney general shall appoint such other assistant attorneys general pursuant to the provisions of RSA 21-M:3 and such support staff as may be necessary to carry out the provisions of this section within the limits of the appropriations made for the department.
II. The duties of the office shall include, but not be limited to the following:
(a) Reviewing cases that have been decided against the state and making recommendations on whether to appeal.
(b) Representing the state in all criminal appeals to the New Hampshire supreme court or federal court.
(c) Representing executive branch officials and executive branch agencies, boards, and commissions in all appeals to the New Hampshire supreme court.
(d) Filing amicus curiae briefs in cases in which the state has a significant interest in the legal issue.
(e) Providing training to local and county prosecutors on how to develop an appellate record.
Source. 2018, 127:4, eff. July 29, 2018. 2023, 79:255, eff. July 1, 2023.
Section 21-M:13
21-M:13 Unemployment Compensation. –
I. The attorney general shall appoint no more than 2 assistant attorneys general pursuant to the provisions of RSA 21-M:3 and a stenographer. These personnel shall be paid by the department of employment security but shall be under the administrative direction and control of the attorney general.
II. Any assistant attorney general appointed pursuant to RSA 21-M:13, I shall be a member of the civil bureau of the division of legal counsel and shall be responsible for representing the department of employment security for all civil and criminal matters in any court arising under RSA 282-A or the rules adopted under it.
III. The commissioner of the department of employment security and all employees of that department shall give the office of the attorney general such aid and assistance as it deems necessary to investigate, prosecute and defend matters arising under RSA 282-A or the rules adopted under it.
Source. 1985, 300:1, eff. July 1, 1985; 410:14, eff. July 2, 1985, at 12:01 a.m.
Section 21-M:14
21-M:14 Repealed by 1985, 410:11, eff. July 2, 1985 at 12:01 a.m. –
Section 21-M:15
21-M:15 Rulemaking. –
The attorney general shall, in accordance with the provisions of RSA 541-A, adopt rules required of him by RSA 21-G to properly carry out the functions of the department.
Source. 1985, 300:1, eff. July 1, 1985.
Section 21-M:16
21-M:16 Incapacitated and Vulnerable Adult Fatality Review Committee Established. –
I. There is hereby established the incapacitated and vulnerable adult fatality review committee (committee) which shall be administratively attached, under RSA 21-G:10, to the department of justice.
II. The attorney general shall appoint members and alternate members to the committee. The members of the committee shall include individuals representing the health care field, organizations with expertise in services provided to incapacitated and vulnerable adults, law enforcement, organizations or individuals who advocate for or provide legal representation for incapacitated and vulnerable adults, and such other members as the attorney general determines will assist the committee in fulfilling its objectives. The terms of the members shall be 3 years; provided, that the initial members shall be appointed to staggered terms. Members shall serve at the pleasure of the attorney general.
III. The committee shall:
(a) Recommend policies, practices, and services that will promote collaboration among service providers for, and reduce preventable fatalities among, incapacitated and vulnerable adults.
(b) Evaluate policies, practices, interventions and responses to fatalities among incapacitated and vulnerable adults and offer recommendations for any improvements in those interventions and responses.
(c) Determine and report on trends and patterns of incapacitated and vulnerable adult deaths in New Hampshire.
(d) Evaluate and report on high risk factors, current practices, gaps in systematic responses, and barriers to safety and well-being for incapacitated and vulnerable adults in New Hampshire.
(e) Educate the public, policy makers, and budget authorities about fatalities involving covered incapacitated and vulnerable adults.
(f) Recommend improvements in the sources of data relative to preventing fatalities among incapacitated and vulnerable adults.
(g) Identify and evaluate the prevalence of risk factors for preventable deaths in the population of incapacitated and vulnerable adults.
IV. For the purposes of this section, "incapacitated adult" means:
(a) Adults who are clients of the area agency system pursuant to RSA 171-A or RSA 137-K at the time of the person's death or within one year of the person's death.
(b) Adults who are patients at the New Hampshire hospital or any other designated receiving facility or whose death occurs within 90 days following discharge, who are on conditional discharge, or who are applicants for or clients of the community mental health center system under RSA 135-C:13 and RSA 135-C:14 at the time of death or within one year of death.
(c) Adults who are receiving services pursuant to RSA 161-E and RSA 161-I.
(d) Adults who are participants in programs or residents of facilities specified in RSA 151:2, I(a), (b), (d), (e), or paragraph IV-a, or RSA 161-J, or within 90 days of discharge from such a facility.
(e) Adults who were in need of any of the services defined in subparagraphs (a)-(d) and paragraph IV-a at the time of their death.
IV-a. For the purposes of this section, "vulnerable adult" means an adult who was the reported victim of abuse, neglect, self-neglect, or exploitation which was reported to the department of health and human services pursuant to RSA 161-F:46, where the report was determined to be unfounded and was filed within 6 months prior to death, where the report was determined to be founded and was filed within 3 years prior to death, or where the report was pending at the time of death.
V. The committee shall adopt a protocol defining which deaths shall be reported to the committee and subject to review, and which deaths may be screened out for review, such as deaths where the cause is natural, expected, and non-preventable. The committee shall also determine whether it is appropriate to have different types of review, such as comprehensive or more limited reviews depending on the incident under review or the purpose of the review. The protocol shall also define the character of the contents of the committee's annual report, required under paragraph VII.
VI. The committee's review of a case shall not be initiated until such time as any related criminal action has been finally adjudicated at the trial court level. Records of the committee, including testimony by persons participating in or appearing before the committee and deliberations by committee members relating to the review of any death, shall be confidential and privileged and shall be protected from direct or indirect means of discovery, subpoena, or admission into evidence in any judicial or administrative proceeding. However, information, documents, or records otherwise available from original sources shall not be construed as immune from discovery from the original sources or used in any such civil or administrative action merely because they were presented to the committee, and any person who appears before the committee or supplies information as part of a committee review, or who is a member of the committee, may not be prevented from testifying as to matters within his or her knowledge, but such witness may not be asked about his or her statements before the committee, participation as a member of the committee, or opinions formed by him or her or any other member of the committee, as a result of participation in a review conducted by the committee.
VII. The committee shall make a biennial report, on or before the first day of November of each even-numbered year, beginning on November 1, 2020, to the speaker of the house of representatives, the president of the senate, and the governor describing any trends and patterns of deaths or serious injuries or risk factors, together with any recommendations for changes in law, policy, and practice that will prevent deaths and related serious occurrences. The committee may also issue special reports when doing so is necessary to alert authorities or the public to the need for prompt corrective action.
VIII. The meetings and records of the committee shall be exempt from the provisions of RSA 91-A. The committee's reports shall not include any private or privileged information. Members of the committee may be required to sign a confidentiality agreement that prohibits any unauthorized dissemination of information beyond the purpose of the review process as a condition of membership.
Source. 2007, 256:1, eff. Jan. 1, 2008. 2016, 59:7, eff. July 4, 2016. 2018, 59:1, eff. July 24, 2018.
Internet Crimes Against Children Fund
Section 21-M:17
21-M:17 Internet Crimes Against Children Fund Established. –
There is hereby established in the office of the state treasurer a nonlapsing fund to be known as the Internet crimes against children (NH ICAC) fund which shall be kept distinct and separate from all other funds. The fund shall consist of all moneys appropriated to the fund, and any gifts, grants, or donations made to the fund. The fund shall be administered by the department of justice. The attorney general shall disburse moneys from the fund to support the Portsmouth police department ICAC task force and other NH ICAC affiliate agencies in good standing with the NH ICAC in their efforts to investigate and combat Internet crimes against children. Funds shall be used for salary, benefits, training, and equipment related to the investigation of Internet crimes against children, and to expand educational efforts to interested groups, schools, and parents.
Source. 2017, 156:87, eff. July 1, 2017.
Sexual Assault Survivors' Rights
Section 21-M:18
21-M:18 Sexual Assault Survivors' Rights. –
I. In addition to the rights of a crime victim provided in RSA 21-M:8-k, a sexual assault survivor shall have the following rights:
(a) The right not to be prevented from, or charged for, receiving a medical examination.
(b) The right to:
(1) Have a sexual assault evidence collection kit or its probative contents preserved, without charge, for the duration of the maximum applicable statute of limitations or 20 years, whichever is shorter;
(2) Be informed of any result of a sexual assault evidence collection kit, including a DNA profile match, toxicology report, or other information collected as part of a medical forensic examination, if such disclosure would not impede or compromise an ongoing investigation; and
(3) Be informed in writing of policies governing the collection and preservation of a sexual assault evidence collection kit.
(c) The right, if the state intends to destroy or dispose of a sexual assault evidence collection kit or its probative contents before the expiration date of the maximum applicable statute of limitations, to:
(1) Upon written request, receive written notification from the prosecutor or appropriate state official with custody not later than 60 days before the date of the intended destruction or disposal; and
(2) Upon written request, be granted further preservation of the kit or its probative contents.
(d) The right to be informed of the rights under this section.
II. In this subdivision, "sexual assault survivor" includes a deceased victim of sexual assault.
Source. 2018, 276:1, eff. Aug. 17, 2018.
Section 21-M:19
21-M:19 Notification of Sexual Assault Survivors' Rights. –
I. The attorney general shall provide written notice regarding sexual assault survivors' rights in RSA 21-M:18 to medical centers, hospitals, forensic examiners, sexual assault service providers, state and local law enforcement agencies, and any other state agency or department reasonably likely to serve sexual assault survivors; and shall make the information set forth in RSA 21-M:18 publicly available on the attorney general's Internet website.
II. In addition to the rights set forth in RSA 21-M:18, the attorney general shall provide written notice of the following rights to those entities listed in paragraph I:
(a) The right not to be charged fees for or otherwise prevented from pursuing a sexual assault evidence collection kit.
(b) The right to have a medical examination regardless of whether the survivor reports to or cooperates with law enforcement, and the right to have such examination at no cost pursuant to RSA 21-M:8-c.
(c) The availability of assistance from the office of victim/witness assistance pursuant to RSA 21-M:8-b.
(d) The availability of protective orders and policies related to their enforcement.
(e) Policies regarding the storage, preservation, and disposal of sexual assault evidence collection kits.
(f) The process, if any, to request preservation of sexual assault evidence collection kits or the probative evidence from such kits.
(g) The availability of victim's compensation and restitution pursuant to RSA 21-M:8-k.
Source. 2018, 276:1, eff. Aug. 17, 2018.