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 701.06 - Notice to a Person of the Request for Assessment and Evaluation by a Multidisciplinary Team; Personal Interview and Right to Counsel

Universal Citation: NH Admin Rules He-C 701.06

Current through Register No. 40, October 3, 2024

(a) Within 3 business days of receipt of the written request for assessment and evaluation pursuant to He-C 701.04, the MDT shall provide the following to the person referred:

(1) Written notice that he or she has been referred for an assessment and evaluation by the MDT to determine if he or she meets the definition of sexually violent predator for purpose of involuntary civil commitment pursuant to RSA 135-E;

(2) Written notice concerning a possible interview with the MDT stating:
a. That the MDT shall offer the person a personal interview;

b. That the personal interview shall be conducted by at least one MDT member who is a licensed psychiatrist or psychologist;

c. That the personal interview might include administration of assessment tools or evaluative instruments;

d. That the person shall have the right to refuse to participate in a personal interview;

e. That the person shall have the right to consult with counsel prior to participation in the personal interview and that counsel shall be appointed if the person is indigent; and

f. Instructions for obtaining counsel; and

(3) A copy of:
a. The written request to the MDT pursuant to He-C 701.04(b) ;

b. RSA 135-E; and

c. He-C 701.

(b) The MDT shall provide a copy of the material described in (a) above to the commissioner, the commissioner of the department of corrections, or his or her respective designee, and the New Hampshire public defender, as applicable.

(c) Within 5 business days after receipt of the material in (b) above, the commissioner, the commissioner of the department of corrections, or his or herrespective designee, as applicable, shall contact the person and verify that the person has received the material described in (a) above.

#8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07

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