New Hampshire Code of Administrative Rules
Saf - Department of Safety
Subtitle Saf-C - Commissioner, Department of Safety
Chapter Saf-C 5500 - SEXUAL OFFENDER OR OFFENDER AGAINST CHILDREN REGISTRATION UNDER LENS SYSTEM
Part Saf-C 5502 - CERTAIN CRIMINAL OFFENDER REGISTRATION
Section Saf-C 5502.03 - Determining Applicable Tier for Sexual Offenders and Offenders Against Children
Current through Register No. 40, October 3, 2024
(a) If the division determines that a sexual offender or offender against children is required to register, the division shall determine whether the offender is required to register as a tier I, tier II, or tier III offender.
(b) For the purposes of determining the appropriate tier pursuant to RSA 651-B:1, VIII(c), RSA 651-B:1, IX, (c) or RSA 651-B:1, X(e), the division shall consider the following:
(c) When determining the appropriate tier for a sexual offender or offender against children based upon multiple qualifying offenses, offenses arising from a single criminal episode shall constitute one qualifying offense.
(d) The division shall consider multiple offenses to be a single criminal episode if the conduct underlying the offenses is continuous and uninterrupted conduct and is so joined in time, place, and circumstances that such conduct is directed to the accomplishment of a single criminal objective.
(e) For the purposes of (d) above, the division shall consider the following factors in determining if multiple offenses constitute a single criminal episode:
(f) In determining the appropriate tier for multiple qualifying offenses, in addition to considering the factors in (b) above, the division shall consider the specific conduct of the offender that formed the basis of the conviction, as apparent from the indictment, complaint, juvenile petition, other charging instrument, mittimus, court orders, court documents, or police investigation reports.
#10121, eff 4-25-12