New Hampshire Revised Statutes 135-E:2 – Definitions
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In this chapter:
I. “Agency with jurisdiction” means 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.
II. “Commissioner” means the commissioner of the department of corrections.
III. “Convicted of a sexually violent offense” means 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 N.H. Rev. Stat. § 135-E:5.
IV. “Court” means 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.
V. “Department” means the department of corrections.
VI. “Likely to engage in acts of sexual violence” means 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.
VII. “Mental abnormality” means a mental condition affecting a person’s emotional or volitional capacity which predisposes the person to commit sexually violent offenses.
VIII. “Parole board” means the adult parole board established in N.H. Rev. Stat. § 651-A:3.
IX. “Person” means an individual 18 years of age or older who is a potential or actual subject of proceedings under this chapter.
X. “Sexually motivated” means that one of the purposes for which the defendant committed the crime was for sexual gratification.
XI. “Sexually violent offense” means:
(a) Capital murder in violation of N.H. Rev. Stat. § 630:1, I(e);
(b) First degree murder in violation of N.H. Rev. Stat. § 630:1-a, I(b)(1);
(c) Aggravated felonious sexual assault in violation of N.H. Rev. Stat. § 632-A:2;
(d) Felonious sexual assault in violation of N.H. Rev. Stat. § 632-A:3, III;
(e) Kidnapping in violation of N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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.
XII. “Sexually violent predator” means 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.
XIII. “Total confinement” means 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.
I. “Agency with jurisdiction” means 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.
Terms Used In New Hampshire Revised Statutes 135-E:2
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Statute: A law passed by a legislature.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- United States: shall include said district and territories. See New Hampshire Revised Statutes 21:4
II. “Commissioner” means the commissioner of the department of corrections.
III. “Convicted of a sexually violent offense” means 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 N.H. Rev. Stat. § 135-E:5.
IV. “Court” means 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.
V. “Department” means the department of corrections.
VI. “Likely to engage in acts of sexual violence” means 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.
VII. “Mental abnormality” means a mental condition affecting a person’s emotional or volitional capacity which predisposes the person to commit sexually violent offenses.
VIII. “Parole board” means the adult parole board established in N.H. Rev. Stat. § 651-A:3.
IX. “Person” means an individual 18 years of age or older who is a potential or actual subject of proceedings under this chapter.
X. “Sexually motivated” means that one of the purposes for which the defendant committed the crime was for sexual gratification.
XI. “Sexually violent offense” means:
(a) Capital murder in violation of N.H. Rev. Stat. § 630:1, I(e);
(b) First degree murder in violation of N.H. Rev. Stat. § 630:1-a, I(b)(1);
(c) Aggravated felonious sexual assault in violation of N.H. Rev. Stat. § 632-A:2;
(d) Felonious sexual assault in violation of N.H. Rev. Stat. § 632-A:3, III;
(e) Kidnapping in violation of N.H. Rev. Stat. § 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 N.H. Rev. Stat. § 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.
XII. “Sexually violent predator” means 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.
XIII. “Total confinement” means 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.