New Hampshire Revised Statutes 621:19 – Releases and Discharges
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I. The board may release any child committed to its care on administrative release to parole or parole, not to exceed the minority of the child, but no release shall be effective until provisions have been made for the proper care of the released child.
I-a. The board shall release, pursuant to paragraph I, any child committed to its care for a delinquency adjudication based on an offense other than a violent crime as defined in N.H. Rev. Stat. § 169-B:35-a no later than 6 months from the date of the child’s commitment pursuant to N.H. Rev. Stat. § 169-B:19, I(j), unless the board determines that continued commitment is necessary in order to protect the safety of the child or the community, and in such case declines to release the child. Such release shall occur no later than 3 months from the date of the child’s commitment if the offense would be a misdemeanor if committed by an adult. If the board declines to release a child pursuant to this paragraph, it shall provide written notice to the child of his or her right to seek review of the board’s decision, of his or her right to the assistance of counsel during the review process, and of the procedure the child may follow to initiate such a review. If the board declines to release a child pursuant to this paragraph, it shall consider the child for release no later than 2 months after its initial decision, and every 2 months thereafter until the child is released. If the board declines to release a child pursuant to this paragraph on a second or subsequent occasion, it shall notify the court that committed the child, and the court shall appoint counsel in each such case to assist the child in filing a petition pursuant to paragraph I-b. Parole review and release under this paragraph are not required during the period that a child is the subject of a delinquency petition which is awaiting adjudication or disposition.
I-b. Any child denied parole under this section may petition the court that committed the child to order the child released on parole. Upon receipt of the petition, the court shall schedule the matter for hearing within 15 business days. At a hearing on the petition, the child shall be entitled to the assistance of counsel. At a hearing on the petition, the court shall consider the findings of the juvenile parole board, the offense and placement history of the child, and the need for continued commitment in order to protect the safety of the child or the community. Unless the court, after a hearing, finds by clear and convincing evidence that continued commitment is necessary in order to protect the safety of the child or the community, the court shall order that the child be released by the board on parole and take such further action the court may deem appropriate.
I-c. The right to counsel provided for in this section shall not be waived except following consultation between the child and a parent or counsel. Consultation between a child and parent is not sufficient to support waiver under this section if the parent was a victim or complainant in the underlying proceeding or has been a witness or provided information in support of the basis for revocation in a parole revocation proceeding involving the child. Children known to the department of health and human services or the court to have an emotional disorder, intellectual disability, or any other condition which may be expected to interfere with the child’s ability to understand the proceedings, make decisions, or otherwise handle the proceedings without the assistance of counsel shall not waive the right to counsel guaranteed by this section.
II. Any child may be discharged by the board whenever it finds the discharge to be in the best interest of the child and of the state. Every discharge shall be in writing and shall be a full release from all the penalties and disabilities created by the commitment and may be in such terms of commendation as the child deserves.
III. To facilitate the implementation of this section, discharge plans from the center shall be developed as early in the commitment as practicable, and in the case of children to which paragraph I-a applies, shall be designed to prepare those children for release no later than 6 months from the date of their commitments. Discharge plans shall be updated throughout the commitment as needed.
III-a. In every case in which there is a diagnosis or other evidence that a minor at the center may have a serious emotional disturbance or other behavioral health disorder, the center shall, with the consent of the minor and the minor’s family, refer the minor to a care management entity, as defined in N.H. Rev. Stat. § 135-F:4, III, for evaluation and recommendations for behavioral health services to be coordinated and supervised by that entity before and after discharge from the facility. Such referral shall be made upon the minor’s confinement at the center and, in no event, later than 7 days after the confinement begins. Discharge plans shall incorporate the recommendations of the care management entity whenever appropriate. In any case where the recommendations of the care management entity are not incorporated into the discharge planning process, the minor, the minor’s family, and counsel for the minor shall be notified in writing of the decision and of the basis for the decision.
IV. The department shall review, on a quarterly basis, the case of every child committed to the Sununu youth services center who is not a serious violent offender to determine if the child can safely be placed outside the Sununu youth services center. The department shall petition the court to modify the disposition of those cases in which a safe placement outside of the Sununu youth services center is possible. In this paragraph, “serious violent offender” means an offender adjudicated for a violent crime as defined in N.H. Rev. Stat. § 169-B:35-a, I(c) or any other felony which has as an element the actual or attempted infliction of injury upon another person within the previous 2 years or adjudicated for an offense within the last year that created a substantial risk of serious bodily injury to another.
I-a. The board shall release, pursuant to paragraph I, any child committed to its care for a delinquency adjudication based on an offense other than a violent crime as defined in N.H. Rev. Stat. § 169-B:35-a no later than 6 months from the date of the child’s commitment pursuant to N.H. Rev. Stat. § 169-B:19, I(j), unless the board determines that continued commitment is necessary in order to protect the safety of the child or the community, and in such case declines to release the child. Such release shall occur no later than 3 months from the date of the child’s commitment if the offense would be a misdemeanor if committed by an adult. If the board declines to release a child pursuant to this paragraph, it shall provide written notice to the child of his or her right to seek review of the board’s decision, of his or her right to the assistance of counsel during the review process, and of the procedure the child may follow to initiate such a review. If the board declines to release a child pursuant to this paragraph, it shall consider the child for release no later than 2 months after its initial decision, and every 2 months thereafter until the child is released. If the board declines to release a child pursuant to this paragraph on a second or subsequent occasion, it shall notify the court that committed the child, and the court shall appoint counsel in each such case to assist the child in filing a petition pursuant to paragraph I-b. Parole review and release under this paragraph are not required during the period that a child is the subject of a delinquency petition which is awaiting adjudication or disposition.
Terms Used In New Hampshire Revised Statutes 621:19
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- 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
- 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
I-b. Any child denied parole under this section may petition the court that committed the child to order the child released on parole. Upon receipt of the petition, the court shall schedule the matter for hearing within 15 business days. At a hearing on the petition, the child shall be entitled to the assistance of counsel. At a hearing on the petition, the court shall consider the findings of the juvenile parole board, the offense and placement history of the child, and the need for continued commitment in order to protect the safety of the child or the community. Unless the court, after a hearing, finds by clear and convincing evidence that continued commitment is necessary in order to protect the safety of the child or the community, the court shall order that the child be released by the board on parole and take such further action the court may deem appropriate.
I-c. The right to counsel provided for in this section shall not be waived except following consultation between the child and a parent or counsel. Consultation between a child and parent is not sufficient to support waiver under this section if the parent was a victim or complainant in the underlying proceeding or has been a witness or provided information in support of the basis for revocation in a parole revocation proceeding involving the child. Children known to the department of health and human services or the court to have an emotional disorder, intellectual disability, or any other condition which may be expected to interfere with the child’s ability to understand the proceedings, make decisions, or otherwise handle the proceedings without the assistance of counsel shall not waive the right to counsel guaranteed by this section.
II. Any child may be discharged by the board whenever it finds the discharge to be in the best interest of the child and of the state. Every discharge shall be in writing and shall be a full release from all the penalties and disabilities created by the commitment and may be in such terms of commendation as the child deserves.
III. To facilitate the implementation of this section, discharge plans from the center shall be developed as early in the commitment as practicable, and in the case of children to which paragraph I-a applies, shall be designed to prepare those children for release no later than 6 months from the date of their commitments. Discharge plans shall be updated throughout the commitment as needed.
III-a. In every case in which there is a diagnosis or other evidence that a minor at the center may have a serious emotional disturbance or other behavioral health disorder, the center shall, with the consent of the minor and the minor’s family, refer the minor to a care management entity, as defined in N.H. Rev. Stat. § 135-F:4, III, for evaluation and recommendations for behavioral health services to be coordinated and supervised by that entity before and after discharge from the facility. Such referral shall be made upon the minor’s confinement at the center and, in no event, later than 7 days after the confinement begins. Discharge plans shall incorporate the recommendations of the care management entity whenever appropriate. In any case where the recommendations of the care management entity are not incorporated into the discharge planning process, the minor, the minor’s family, and counsel for the minor shall be notified in writing of the decision and of the basis for the decision.
IV. The department shall review, on a quarterly basis, the case of every child committed to the Sununu youth services center who is not a serious violent offender to determine if the child can safely be placed outside the Sununu youth services center. The department shall petition the court to modify the disposition of those cases in which a safe placement outside of the Sununu youth services center is possible. In this paragraph, “serious violent offender” means an offender adjudicated for a violent crime as defined in N.H. Rev. Stat. § 169-B:35-a, I(c) or any other felony which has as an element the actual or attempted infliction of injury upon another person within the previous 2 years or adjudicated for an offense within the last year that created a substantial risk of serious bodily injury to another.