HB1212: relative to the circumstances under which a juvenile may be committed to the youth development center until the age of 18.

CHAPTER 79

HB 1212 – FINAL VERSION

29Jan2004… 0059h

03/17/04 0790s

2004 SESSION

03-2203

05/09

HOUSE BILL 1212

AN ACT relative to the circumstances under which a juvenile may be committed to the youth development center until the age of 18.

SPONSORS: Rep. Bickford, Straf 68; Sen. O’Hearn, Dist 12; Sen. Foster, Dist 13

COMMITTEE: Children and Family Law

ANALYSIS

This bill provides that a minor may remain committed to the youth development center until the age of 18 if the minor is in the custody of the department of health and human services at the youth development center and the department files a motion to extend jurisdiction 90 days prior to the minor’s seventeenth birthday.

This bill is a request of the department of health and human services.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

29Jan2004… 0059h

03/17/04 0790s

03-2203

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the circumstances under which a juvenile may be committed to the youth development center until the age of 18.

Be it Enacted by the Senate and House of Representatives in General Court convened:

79:1 Statement of Purpose. The general court acknowledges that current law requires the case of a juvenile committed to the youth development center (YDC) to be closed and the juvenile released no later than the juvenile's seventeenth birthday. The general court recognizes that circumstances may exist under which a juvenile committed to YDC may benefit from the ongoing jurisdiction of the court. The general court wishes to authorize the department of health and human services to determine whether a committed juvenile who is approaching his or her seventeenth birthday could benefit from the ongoing jurisdiction of the court and, if so, to authorize the department to file a motion requesting that the court retain jurisdiction over the committed juvenile until his or her eighteenth birthday. The general court also wishes to clarify that such motions may be brought only by the department and only relative to committed juveniles approaching their seventeenth birthdays.79:

79:2 Delinquent Children; Jurisdiction Over Certain Persons. Amend RSA 169-B:4, V(c) to read as follows:

(c) Who [was] is committed to the custody of the department of health and human services at the youth development center pursuant to RSA 169-B:19, I(j) and [is placed at the youth development center at the time of the court’s order to retain jurisdiction under this paragraph;] for whom the department has filed a motion with the court requesting that the court retain jurisdiction under this subparagraph; provided that the department’s motion is filed within the 90 days prior to the minor’s seventeenth birthday and provided further that the court’s jurisdiction pursuant to this subparagraph shall continue until the minor’s eighteenth birthday.

79:3 Effective Date. This act shall take effect upon its passage.

(Approved: May 7, 2004)

(Effective Date: May 7, 2004)