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RSA 135-E:12 · Examinations; Release of Committed Persons
135-E:12 Examinations; Release of Committed Persons. –
Copy linkPrior to the expiration of the initial commitment order or any recommittal order, the county attorney or attorney general may file a petition to recommit the person.
Copy linkIf the state petitions to renew the committal, the court shall hold a hearing. The person is entitled to be present and is entitled to the benefit of all procedural protections afforded the person at the initial trial, except for the right to a jury. The state has the right to have the person examined by professionals chosen by the state. At the hearing, the state bears the burden of proving, by clear and convincing evidence, that the person remains a sexually violent predator. Any recommittal order shall be valid for a period of up to 5 years. Source. 2006, 327:21, eff. Jan. 1, 2007.
Copy linkSource note
Source. 2006, 327:21, eff. Jan. 1, 2007.
Source history
- 2006, 327:21, eff. Jan. 1, 2007
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ition to be entered in the NICS Indices. When a person is found not guilty by reason of insanity, or incompetent to stand trial and found by the court to be a danger to himself or herself or others pursuant to RSA 135-E or 135:17-a, as provided in this section, the department of safety shall promptly cause that disposition to be entered in the NICS Indices, in accordance with paragraph II. II. The court or the department of s
Opinions and discipline decisions mentioning this RSA
- 2009-469 The State of New Hampshire v. William Ploof Supreme Court opinion · November 2, 2011
- 2008-616, STATE OF NH v. RAYMOND K. FOURNIER Supreme Court opinion · March 19, 2009
- 2007-178, STATE OF NH v. WILLIAM DECATO Supreme Court opinion · December 18, 2007