New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-C - Commissioner, Department of Health and Human Services
Chapter He-C 700 - INVOLUNTARY CIVIL COMMITMENT OF SEXUALLY VIOLENT PREDATORS
Part He-C 701 - ASSESSMENT AND EVALUATION OF PERSONS ELIGIBLE FOR INVOLUNTARY CIVIL COMMITMENT AS SEXUALLY VIOLENT PREDATORS
Section He-C 701.02 - Definitions
Universal Citation: NH Admin Rules He-C 701.02
Current through Register No. 40, October 3, 2024
(a) "Agency with jurisdiction" means "agency with jurisdiction" as defined in RSA 135-E:2, I, namely "the agency that releases, upon lawful order or authority, a person who is serving a sentence in the custody of the department of corrections, or a person who was involuntarily committed upon a finding that the person was not guilty by reason of insanity or incompetent to stand trial."
(b) "Commissioner" means the commissioner of the department of health and human services, or his or her designee.
(c) "Convicted of a sexually violent offense" means "convicted of a sexually violent offense" as defined in RSA 135-E:2, III, namely "a person who has been:
(a) Adjudicated guilty of a sexually violent
offense after a trial, guilty plea, or plea of nolo contendere;
(b) Adjudicated not guilty by reason of
insanity of a sexually violent offense; or
(c) Found incompetent to stand trial on a
charge of a sexually violent offense and the court makes the finding required
pursuant to
RSA
135-E:5."
(d) "Court" means "court" as defined in
RSA 135-E:2,
IV, namely "the superior court in the county
where that person was last convicted of a sexually violent offense, or if the
person is in custody on an out-of-state or federal sexually violent offense the
county where the person plans to reside upon release or, if no residence in
this state is planned, in the county where the facility from which the person
to be released is located."
(e)
"Department" means the department of health and human services.
(f) "Likely to engage in acts of sexual
violence" means "likely to engage in acts of sexual violence" as defined in
RSA 135-E:2,
VI, namely "the person's propensity to commit
acts of sexual violence is of such a degree that the person has serious
difficulty in controlling his or her behavior as to pose a potentially serious
likelihood of danger to others."
(g) "Mental abnormality" means "mental
abnormality" as defined in
RSA 135-E:2,
VII, namely "a mental condition affecting a
person's emotional or volitional capacity which predisposes the person to
commit sexually violent offenses."
(h) "Multidisciplinary team (MDT) " means the
group established by the commissioner pursuant to
He-C
701.03 for the purpose of assessing and evaluating
whether a person convicted of a sexually violent offense who is eligible for
release from total confinement meets the definition of sexually violent
predator.
(i) "Person" means an
individual 18 years of age or older who is a potential or actual subject of
proceedings under RSA 135-E.
(j)
"Personal interview" means the interview of the person by a qualified member of
the MDT pursuant to
RSA
135-E:3, V(b) that might
include assessment tests or evaluative instruments administered by a qualified
member of the team.
(k) "Sexually
motivated" means "sexually motivated" as defined in
RSA 135-E:2,
X, namely "that one of the purposes for which
the defendant committed the crime was for sexual gratification."
(l) "Sexually violent offense" means
"sexually violent offense" as defined in
RSA 135-E:2,
XI, namely:
(a) Capital murder in violation of
RSA 630:1, I(e)
;
(b) First degree murder in violation of
RSA 630:1-a, I(b) (1)
;
(c) Aggravated felonious sexual assault in
violation of
RSA
632-A:2;
(d) Felonious sexual assault in violation for
RSA 632-A:3,
III;
(e) Kidnapping in violation of
RSA 633:1, I(d)
, where the offender confined the victim with
the purpose to commit sexual assault against the victim;
(f) Burglary in violation of
RSA 635:1,
I, where the offender entered a building or
occupied structure with the purpose to commit sexual assault;
(g) An attempt, criminal solicitation, or
conspiracy, to commit any of the offenses listed above; or
(h) A violation of any other statute
prohibiting the same conduct as the offenses listed above in another state,
territory, or possession of the United States."
(m) "Sexually violent predator" means
"sexually violent predator" as defined in RSA 135-E:2I, XI, namely "any person
who:
(a) Has been convicted of a sexually
violent offense; and
(b) Suffers
from a mental abnormality or personality disorder that makes the person likely
to engage in acts of sexual violence if not confined in a secure facility for
long-term control, care, and treatment.
(n) "Total confinement" means "total
confinement" as defined in RSA 135-E:2II, XI, namely "that the person is being
held in any physically secure facility being operated by or contractually
operated for the department of corrections. A person shall also be deemed to be
in total confinement for applicability of provisions under this chapter if the
person is serving an incarcerative sentence under the custody of the department
of corrections. A person is not subject to total confinement if the person is
subject to an incarcerative sentence or other custody in a secure facility but
has contact with the community, such as through work release, a halfway house,
or other supervised or unsupervised release into the community."
#8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07
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