TITLE LX
CORRECTION AND PUNISHMENT
Chapter 621-A
YOUTH SERVICES CENTER
Section 621-A:1
621-A:1 Definitions. –
In this chapter:
I. "Commissioner" means the commissioner of the department of health and human services.
II. "Department" means the department of health and human services.
III. "Detention" means the care of a child in a physically restricted facility while awaiting further action by a court.
Source. 1995, 181:17, eff. July 1, 1995. 2001, 286:12, eff. Sept. 14, 2001.
Section 621-A:2
621-A:2 Repealed by 2001, 286:21, III, eff. Sept. 14, 2001. –
Section 621-A:3
621-A:3 Repealed by 2001, 286:21, IV, eff. Sept. 14, 2001. –
Section 621-A:4
621-A:4 Powers and Duties of Commissioner. –
I. The commissioner shall maintain the youth services center for such purposes as the commissioner shall determine, which may include, but are not limited to, the purposes described in RSA 621-A:5.
II. The commissioner shall adopt rules under RSA 541-a relative to:
(a) The discharge of any child admitted to the center when further detention is either unnecessary or undesirable.
(b) The return of the child to such custody as may be determined appropriate or as ordered by the court.
Source. 1995, 181:17. 1998, 184:3. 1999, 219:14, eff. July 6, 1999. 2001, 286:13, eff. Sept. 14, 2001.
Section 621-A:5
621-A:5 Purposes. –
The youth services center may be used for the following purposes:
I. Receiving facility for the temporary detention of children who are awaiting disposition of the court pursuant to RSA 169-B:14.
II. Receiving facility for children determined educationally disabled pursuant to RSA 186-C.
Source. 1995, 181:17, eff. July 1, 1995.
Section 621-A:6
621-A:6 Admission. –
I. Children, subject to proceedings in juvenile court, may be admitted to the youth services center for temporary detention while awaiting disposition of the court pursuant to RSA 169-B:14, for educational services pursuant to RSA 186-C, RSA 169-B, RSA 169-C, or RSA 169-D, only upon prior approval of the commissioner.
II. Prior to a child's detention at the youth services center, the department or an arresting law enforcement agency shall complete a detention risk assessment instrument to determine whether there is:
(a) Probable cause to believe that the child will pose a risk to public safety if released to the community prior to the court hearing or disposition; or
(b) A need to hold the child in order to assure the child's appearance before the court, as demonstrated by the child's previous failure to respond to the court.
III. The department shall review and submit a monthly report to the general court on those cases, also known as "overrides," in which children are confined at the Sununu Youth Services Center contrary to the results of the detention risk assessment instrument. Beginning with the fourth such report, the department shall include recommendations for the appropriate rate of overrides.
Source. 1995, 181:17, eff. July 1, 1995. 2001, 286:14, eff. Sept. 14, 2001. 2016, 303:6, eff. June 30, 2016.
Section 621-A:7
621-A:7 Records. –
I. Full and complete records shall be kept by the commissioner of the care and study of each child admitted to the youth services center. The records shall not be open to the inspection of any persons not on the staff of the commissioner except that such records shall be available, by court order, to any court having competent jurisdiction of the child in any matter pending in this state or to such person or persons as may be authorized by the court. Notwithstanding any other provision of law, exchange of medical or psychiatric records between a facility providing child inpatient psychiatric treatment within the state mental health system and the department shall be permitted.
II. Nothing in this section shall be construed to prohibit the disclosure by the commissioner to the legislature or the public of the generalized facts relating to the children admitted to the youth services center, together with conclusions as to the proper means for the control and child guidance for such children, provided that the names and identities of particular children shall not be disclosed.
Source. 1995, 181:17, eff. July 1, 1995. 2022, 272:53, eff. June 24, 2022.
Section 621-A:8
621-A:8 Repealed by 2001, 286:21, VI, eff. Sept. 14, 2001. –
Advisory Board
Section 621-A:9 to 621-A:11
621-A:9 to 621-A:11 Repealed by 2022, 323:1, VII, eff. Sept. 6, 2022. –