Title X, Public Health

I. If the commissioner, or designee, at any time determines that the person is not likely to commit acts of sexual violence if discharged, the commissioner or his or her designee shall notify the court and the court shall hold a hearing. The petition shall be served upon the cour…

A person may file a petition for discharge at any time after commitment under this chapter without the approval of the commissioner, or his or her designee. Notice of the petition shall be provided to the commissioner and to the county attorney or attorney general. After reviewin…

I. In order to protect the public, relevant information and records that are otherwise confidential or privileged shall be released to the agency with jurisdiction, to a multidisciplinary team, or to the county attorney or attorney general for the purpose of meeting the notice re…

The long-term control, care, and treatment of a person committed under this chapter shall conform to constitutional requirements.

The agency with jurisdiction and its officers and employees; the department and its officers and employees; members of the multidisciplinary team; the department of health and human services and its officers and employees; the county attorney or attorney general and the county at…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the…

This chapter applies retroactively to all persons in custody as of the effective date of this statute who have been convicted of a sexually violent offense, as well as prospectively.

In this chapter: I. "Agency with jurisdiction" means the agency that releases, upon lawful order or authority, a person who is serving a sentence in the custody of the department of corrections, or a person who was involuntarily committed upon a finding that the person was not gu…

I. No later than 30 days prior to the release of a sexually violent predator, the department shall give written notice of the person's release to the victim advocate for the county in which the person was prosecuted, and to the extent possible the victim or the victim's family sh…

I. A person who escapes or attempts to escape from lawful custody pursuant to this chapter is guilty of a class A felony. II. If a person escapes while in custody pursuant to this chapter, the department shall immediately notify the victim and the county attorney or attorney gene…

The department of health and human services, in consultation with the department, shall adopt rules, pursuant to RSA 541-A, relative to: I. The designation of secure facilities for sexually violent predators who are subject to involuntary commitment under this chapter. II. The co…

The right of a person sought to be committed as a sexually violent predator to legal counsel prior to and during any judicial hearing conducted under this chapter shall be absolute and unconditional. The right to legal counsel for any person sought to be committed during any judi…

I. A court may extend any time limit set forth in this chapter, upon request, for good cause shown. II. The time limits set forth in this chapter are not intended to be jurisdictional. Failure to comply with a time limit prior to the expiration of the person's incarcerative sente…

I. The commissioner of the department of health and human services, or designee, shall establish a multidisciplinary team or teams, each of which shall include, but is not limited to, 2 licensed psychiatrists or psychologists or one licensed psychiatrist and one licensed psycholo…

I. In the event that a person who has been convicted of a sexually violent offense is eligible for immediate release upon completion of the maximum term of incarceration, the agency with jurisdiction shall provide immediate notice to the county attorney or attorney general of the…

I. If the county attorney or attorney general seeks to civilly commit a person charged with a sexually violent offense and found incompetent to stand trial, the court shall order the person to remain in custody for a reasonable period of time, not to exceed 90 days, for proceedin…

If the multidisciplinary team finds the person meets the definition of a sexually violent predator, the county attorney or attorney general may file a petition within 14 days with the superior court alleging that the person is a sexually violent predator and stating facts suffici…

I. When the county attorney or attorney general files a petition seeking to have a person declared a sexually violent predator, within 10 days of the filing of the petition, the court shall determine whether probable cause exists to believe that the person named in the petition i…

The department may contract with a private entity or state agency for use of and operation of facilities to comply with the requirements of this chapter.

I. The person or the county attorney or attorney general has the right to demand that the trial be before a jury. A demand for a jury trial must be filed, in writing, no later than 30 days after the finding of probable cause. If no demand is made, the trial shall be to the court.…