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 701.07 - Assessment and Evaluation of a Person by a Multidisciplinary Team

Universal Citation: NH Admin Rules He-C 701.07

Current through Register No. 40, October 3, 2024

(a) The MDT shall assess and evaluate each person referred to it pursuant to RSA 135-E:3, V(a) and these rules to determine if the person meets the definition of sexually violent predator.

(b) In conducting its assessment and evaluation, the MDT shall review and consider:

(1) The information and documents provided to the MDT by the agency with jurisdiction pursuant to RSA 135-E:3, IV and He-C 701.05;

(2) Any additional information and documents provided to the MDT at its request pursuant to RSA 135-E:15 and He-C 701.05(f) and (g) ; and

(3) A personal interview with the person, as provided in (c) below, provided that the person agrees to participate in a personal interview, whether fully or in part, and that the interview produces information that would assist the MDT in determining if the person meets the definition of sexually violent predator.

(d) If the person agrees to participate in the personal interview, at least one member of the MDT who is a licensed psychiatrist or psychologist shall conduct the interview in person.

(e) The members of the MDT who are not conducting the interview may participate in the interview via teleconferencing, as allowed by He-C 701.03(g) (1) .

(f) The MDT shall determine that the person has refused to fully participate in the personal interview if the person, or his or her counsel, imposes such constraints or limitations on the scope of the interview that, in the judgment of the MDT, it is likely that the interview would not produce information that would assist the MDT in determining if the person meets the definition of sexually violent predator.

(g) Pursuant to RSA 135-E:3, V(b) , if the person refuses to fully participate in a personal interview, the MDT may proceed with its recommendation without a personal interview of the person.

(h) To assist the MDT in the performance of its responsibilities under (a) above, at any time during its assessment and evaluation, the team may request additional relevant information from the agency with jurisdiction, the entity that referred the person for assessment and evaluation, or any other individual or entity.

(i) Following its review and consideration of the information described in (b) above, the MDT shall, on the basis of such information, determine whether or not the person meets the definition of sexually violent predator.

(j) The MDT shall not decide that a person meets the definition of sexually violent predator unless all its members agree that the person meets the definition.

(k) If the MDT is unable to determine that each element of the definition of sexually violent predator is met, it shall find that the person is not a sexually violent predator.

(l) The MDT shall prepare a written report of its decision within 4 months after receiving the request for an assessment and evaluation. The written report shall be provided to the county attorney or attorney general, and to the attorney representing the person.

(m) The report shall include:

(1) Identification of members of the MDT and the dates that the MDT met;

(2) Description of the assessment and evaluation conducted by the MDT, including:

a. A summary of information and documents reviewed;

b. Whether a personal interview was conducted; and

c. A list of the assessment and evaluative instruments completed or administered by the MDT, if any.

(3) The MDT's determination as to whether or not the person had been convicted of a sexually violent offense, and the reasons for its determination;

(4) The MDT's determination as to whether or not the person suffers from a mental abnormality or personality disorder, the identification of the mental abnormality or personality disorder, and the reasons for its determination;

(5) The MDT's determination as to whether the diagnosed mental abnormality or personality disorder identified in (4) above 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, and the reasons for its determination; and

(6) The MDT's determination as to whether or not the person meets the definition of a sexually violent predator, and the reasons therefore.

(n) The report of the MDT in (l) shall be:

(1) Signed by all members of the MDT; and

(2) Sent to the entity that requested the assessment and evaluation pursuant to He-C 701.04 and within the timeframe established by RSA 135-E:3, V(c) or RSA 135-E:4, III.

(o) The department shall physically maintain in a secure manner the materials provided to it and created by it for its assessment and evaluation, as follows:

(1) If the person is determined by the MDT not to meet the definition of sexually violent predator, then the department shall physically maintain in a secure manner the request in He-C 701.04(b) and a copy of the report in (l) and (m) above; and

(2) If the person is determined by the MDT to meet the definition of sexually violent predator and a petition for the person's commitment is filed, then the department shall physically maintain in a secure manner:

a. All materials until the final disposition of the petition filed pursuant to RSA 135-E:6; and

b. The request in He-C 701.04(b) and a copy of the report in (l) and (m) above.

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

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