New Hampshire Revised Statutes 169-B:13 – Arraignment; Court Referrals; Uncompensated Public Service by Minors
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I. No minor shall be detained for more than 24 hours, Sundays and holidays excluded, from the time of being taken into custody without being brought before a court. At any arraignment the court shall:
(a) Advise the minor in writing and orally of any formal charges;
(b) Inform the minor of the applicable constitutional rights;
(c) Appoint counsel pursuant to N.H. Rev. Stat. § 169-B:12;
(d) Establish any conditions for release; and
(e) Set a hearing date.
(f)(1) Inquire of the juvenile and a parent or guardian of the juvenile if the juvenile has been:
(A) Determined to have a cognitive disability; or
(B) Determined to have a mental illness, emotional or behavioral disorder, or another disorder that may impede the child’s decision-making abilities; or
(C) Identified as eligible for special education services; or
(D) Previously referred to a care management entity as defined in N.H. Rev. Stat. § 135-F:4, III.
(2) Such inquiry shall be conducted to gather complete and accurate information. The court shall make a record of the inquiry and of any information provided in response to the inquiry.
I-a. No plea shall be taken until the minor has the opportunity to consult with counsel or until a waiver is filed pursuant to N.H. Rev. Stat. § 169-B:12.
II. The court may, at any time after arraignment, dispose of the petition by referring the minor or the minor and family for participation in a court approved diversion program or other intervention program.
II-a. The court may, at the arraignment or at any time thereafter, with the consent of the minor and the minor’s family, refer the minor and family to a care management entity, as defined in N.H. Rev. Stat. § 135-F:4, III, for evaluation and/or behavioral health services to be coordinated and supervised by that entity.
III. A referral under this section may include an order for the minor to perform up to 50 hours of uncompensated public service subject to the approval of the elected or appointed official authorized to give approval of the city or town in which the offense occurred. The court’s order for uncompensated public service shall include the name of the official who will provide supervision to the minor. However, no person who performs such public service under this paragraph shall receive any benefits that such employer gives to its other employees, including, but not limited to, workers’ compensation and unemployment benefits and no such employer shall be liable for any damages sustained by a person while performing such public service or any damages caused by that person unless the employer is guilty of gross negligence.
(a) Advise the minor in writing and orally of any formal charges;
Terms Used In New Hampshire Revised Statutes 169-B:13
- Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- 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.
(b) Inform the minor of the applicable constitutional rights;
(c) Appoint counsel pursuant to N.H. Rev. Stat. § 169-B:12;
(d) Establish any conditions for release; and
(e) Set a hearing date.
(f)(1) Inquire of the juvenile and a parent or guardian of the juvenile if the juvenile has been:
(A) Determined to have a cognitive disability; or
(B) Determined to have a mental illness, emotional or behavioral disorder, or another disorder that may impede the child’s decision-making abilities; or
(C) Identified as eligible for special education services; or
(D) Previously referred to a care management entity as defined in N.H. Rev. Stat. § 135-F:4, III.
(2) Such inquiry shall be conducted to gather complete and accurate information. The court shall make a record of the inquiry and of any information provided in response to the inquiry.
I-a. No plea shall be taken until the minor has the opportunity to consult with counsel or until a waiver is filed pursuant to N.H. Rev. Stat. § 169-B:12.
II. The court may, at any time after arraignment, dispose of the petition by referring the minor or the minor and family for participation in a court approved diversion program or other intervention program.
II-a. The court may, at the arraignment or at any time thereafter, with the consent of the minor and the minor’s family, refer the minor and family to a care management entity, as defined in N.H. Rev. Stat. § 135-F:4, III, for evaluation and/or behavioral health services to be coordinated and supervised by that entity.
III. A referral under this section may include an order for the minor to perform up to 50 hours of uncompensated public service subject to the approval of the elected or appointed official authorized to give approval of the city or town in which the offense occurred. The court’s order for uncompensated public service shall include the name of the official who will provide supervision to the minor. However, no person who performs such public service under this paragraph shall receive any benefits that such employer gives to its other employees, including, but not limited to, workers’ compensation and unemployment benefits and no such employer shall be liable for any damages sustained by a person while performing such public service or any damages caused by that person unless the employer is guilty of gross negligence.