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RSA 135-E:13 · Authorized Petition for Release
135-E:13 Authorized Petition for Release. –
Copy linkIf the commissioner, or designee, at any time determines that the person is not likely to commit acts of sexual violence if discharged, the commissioner or his or her designee shall notify the court and the court shall hold a hearing. The petition shall be served upon the court and the county attorney or attorney general. The court, upon receipt of such notice, shall schedule a hearing within 60 days, unless continued for good cause.
Copy linkThe county attorney or attorney general shall represent the state, and has the right to have the person examined by professionals of the county attorney's or attorney general's choice. The state bears the burden of proving, by clear and convincing evidence, that the person remains a sexually violent predator. 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