Title LX, Correction and Punishment

Whenever a fine or penalty is imposed for neglect for any period of time, the neglect may be alleged to have begun at any specified time and shall be reckoned from the time so alleged; but no suit or prosecution in such case shall be begun against a town or town officers until 20…

In actions for the recovery of a penalty before a justice, it shall be no cause of exception that the justice resides or has property within the town in which the offense was committed, nor that the penalty or any part thereof may belong to the town.

In any such action the defendant may plead the general issue, and under it give any special matter in evidence.

All suits or prosecutions founded upon any penal statute for penalties or forfeitures shall be brought within 2 years after the commission of the offense, unless otherwise specially provided. This section shall apply only to suits or prosecutions brought under this chapter.

Whenever personal property is forfeited for violation of law, any officer or person by law authorized to seize the same may take and retain it until he shall deliver it to a proper officer having a warrant to detain it.

I. Subsequent to a criminal conviction pursuant to a statute that authorizes forfeiture, including but not limited to RSA 318-B:17-b, the court may order the person convicted to forfeit: (a) Property the person derived from the commission of the crime; (b) Property directly trace…

The court, unless otherwise specially provided, may order that any property which has been forfeited shall be destroyed, whenever the public good requires it, and it may direct how and by whom it shall be done.

I. Notwithstanding any other provision of law, at any time when unclaimed property or contraband held for evidentiary purposes is no longer needed for that purpose, the court may order the state to deliver any unclaimed property, other than currency, to the commissioner of the de…

I. The attorney general, no later than 120 days after the close of the fiscal year, shall post a report on the department of justice website detailing state forfeiture activity, for the preceding fiscal year, including the type, approximate value, and disposition of each property…

The person making or directing a seizure pursuant to RSA 617:1 shall, without unnecessary delay, file a libel before a district court or a municipal court in towns and cities in which there is such court if the property does not exceed in value $500, and in other cases in the off…

Upon the filing, before or after seizure, of a libel for a forfeiture, a warrant shall be issued to the proper officer, requiring him to take such property into his custody and to detain it until it is legally disposed of.

Notice of the libel shall be given to the owner, if known; otherwise, a notice shall be published to all persons interested, to appear at the time and place appointed for trial, and to show cause why a decree of forfeiture should not be passed.

In addition to any other remedy provided by law, any person claiming to be an innocent owner of property seized for purposes of forfeiture may petition the court, after 10 days from the date of seizure, for return of the property. No item or property interest shall be subject to …

If a person interested shall appear and claim the property, it may be sold by consent of the parties or upon examination and certificate of its perishable nature or of its being expensive to keep, as in case of sale of like property attached, unless it is provided by law that it …

If the claimant requests it, the property may be appraised and delivered to him in the same manner as property attached, upon his giving bond to pay to the persons entitled thereto the appraised value thereof, and costs, in case a decree of forfeiture is made.

The case may be tried by a jury, if in the superior court, upon the request of either party, otherwise by the court; and, the cause of forfeiture alleged being proved, the court or justice shall make a decree for the forfeiture and disposition of the property and a distribution o…

Costs may be awarded to the libelant if a reasonable cause for seizure appears, in which shall be included the necessary expenses of the seizure, detention and sale of the property; otherwise, reasonable costs and damages shall be awarded to the claimant.

An appeal may be claimed by either party from a decree made by a justice of a district court or municipal court in the same manner as in other civil actions, and like proceedings may be had therein as in the case of libels originally filed in the superior court.

I. Fines are imposed by the sentence of a court of criminal jurisdiction in a prosecution begun by indictment or information, or upon complaint before a justice of a municipal court. II. In this chapter, "fine" means a fine, a penalty assessment, or an administrative fee imposed …

Whenever a person under conviction for a criminal offense and confined in a county correctional facility is unable to pay the fine, the superior court, upon petition of the prisoner or the superintendent and satisfactory proof of such inability, may order the prisoner to be disch…

No discharge shall be granted pursuant to RSA 618:10 unless the petition shall be approved by the county attorney, or it shall appear to the court that the county attorney has been served with a copy of the petition, and that notice has been given to him of the time and place whe…

Any person convicted of an offense against the police of towns or against a bylaw of a town may, upon petition and proof of inability to pay the fine, be discharged by the selectmen, and the town shall be liable for prison charges if the prisoner is unable to pay them.

In neither of the cases specified in RSA 618:10 and 12 shall a fine be released by the discharge of the prisoner, but a writ of execution therefor against the goods or estate of the prisoner may be at any time issued, upon request of the county commissioners or selectmen, without…

Except as otherwise provided by statute, the assessment of any costs against respondents in criminal cases is hereby forbidden; provided, however, that costs involving transportation of prisoners up to the time of court arraignment may be assessed against respondents, in the disc…

All legal costs attending the arrest, examination or conveyance of an offender, except when directed or approved in writing by the counsel of the state or county commissioners, shall be paid by the complainant.

Unless otherwise specially provided, all fines and forfeitures imposed by a municipal court shall be for the use of the town in which the court is established, and all other fines and forfeitures shall be for the use of the county within which the offense was committed.

No fines or other money belonging to a county shall be paid to the county attorney; but when imposed or recovered in the superior court they shall be paid to the clerk of court or to the sheriff having a precept therefor.

All fines, except parking fines or except as otherwise specifically provided by law, shall be paid to the clerk of the court imposing the fine.

Every justice of a municipal court shall pay over to the town or county to which any fine or forfeiture accrues every such fine or forfeiture received by him within 6 months after the receipt of the same. Upon default thereof, he shall forfeit double the amount of such fine or fo…

If any fine appropriated to the use of any town or person or for any particular use is paid into the county treasury, the county commissioners, upon application, shall draw their order upon the county treasurer for the same, in favor of the party so entitled.

Any person sentenced to pay a fine shall be ordered to be imprisoned until sentence is performed, or he or she is otherwise legally discharged, in the county correctional facility in which the crime was committed. This section shall not be construed as authorizing the confinement…

A writ of execution may be issued for any fine in a criminal case, notwithstanding the respondent may be committed or detained in a county correctional facility for nonpayment thereof, and if the fine is collected upon the execution, the convict shall not be further detained on a…

Any person sentenced conditionally to pay a fine or to be imprisoned for a term shall be discharged at the expiration of the term, and may be discharged at any time on payment of the balance of the fine, after deducting $150 for each day such person has been imprisoned under the …

Whenever a person is committed to a county correctional facility in default of payment of a fine imposed by a justice of a superior court or a district court, he or she shall be discharged from custody by the superintendent thereof at the expiration of a number of days after the …

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 acti…

I. The New Hampshire youth development center, a juvenile correctional facility formerly known as the industrial school, may also be referred to as the YDC or the center. References to the industrial school or the YDC in statutes or other documents shall mean the youth developmen…

I. The department shall have charge of the lands, buildings, furniture, tools, implements, stock, provisions, and other property of the center. The department shall keep, in suitable books, regular and complete accounts of all receipts and expenditures, and of the debts, credits,…

The commissioner shall cause accurate records to be kept which shall contain, as a minimum, the child's name, address, age, parents' or guardians' names and addresses, commitment documents, and such other data as may be appropriate. The commissioner shall issue directives to ensu…

If a child shall be committed by error of any court to a correctional institution other than the center, the commissioner, the county attorney, the minor, or any person interested in the minor may apply to a justice of the superior court for an order for the commitment of the min…

The department may receive and maintain juvenile offenders sent to the center by virtue of any act of the Congress of the United States for such reasonable compensation as may be agreed upon with the United States authorities. The commissioner shall receive, detain, and treat the…

Children detained at the center under RSA 169-B shall not be subject to the provisions of this chapter relative to release, administrative release to parole, parole, and discharge, but shall be subject to the transfer provided for incorrigibles until the court disposes of their c…

I. The board may release any child committed to its care on administrative release to parole or parole, not to exceed the minority of the child, but no release shall be effective until provisions have been made for the proper care of the released child. I-a. The board shall relea…

The New Hampshire youth development center shall be administered to effect the following purposes and policies: I. To provide a wholesome physical and emotional setting for each child detained at or committed to the center; II. To provide protection, care, counseling, supervision…

The department may contract to pay the board of a released child when the child, because of age or other conditions, is unable to earn board and no proper place may be found for him or her without payment of board.

Payments of board shall be charged to the expenses of the center as if they were payments for boarding, instructing, and disciplining the child at the center, with a right of recovery against the legally liable unit in accordance with RSA 169-B:40 and RSA 621:31.