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RSA 169-B:13 · Arraignment; Court Referrals; Uncompensated Public Service by Minors

Title
XII: PUBLIC SAFETY AND WELFARE
Chapter
169-B · DELINQUENT CHILDREN
Status
current
Official source linked
Yes
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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:

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(a)

Advise the minor in writing and orally of any formal charges;

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(b)

Inform the minor of the applicable constitutional rights;

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(c)

Appoint counsel pursuant to RSA 169-B:12;

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(d)

Establish any conditions for release; and

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(e)

Set a hearing date. (f)(1) Inquire of the juvenile and a parent or guardian of the juvenile if the juvenile has been:

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(A)

Determined to have a cognitive disability; or

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(B)

Determined to have a mental illness, emotional or behavioral disorder, or another disorder that may impede the child's decision-making abilities; or

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(C)

Identified as eligible for special education services; or

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(D)

Previously referred to a care management entity as defined in RSA 135-F:4, III.

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(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 RSA 169-B:12.

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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 RSA 135-F:4, III, for evaluation and/or behavioral health services to be coordinated and supervised by that entity.

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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. Source. 1979, 361:2. 1999, 305:6-8. 2008, 274:4. 2010, 175:4, eff. Jan. 1, 2011. 2019, 44:6, 7, eff. Aug. 2, 2019; 346:334, 335, eff. July 1, 2019.

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Source note

Source. 1979, 361:2. 1999, 305:6-8. 2008, 274:4. 2010, 175:4, eff. Jan. 1, 2011. 2019, 44:6, 7, eff. Aug. 2, 2019; 346:334, 335, eff. July 1, 2019.

Source history

  • 1979, 361:2
  • 1999, 305:6-8
  • 2008, 274:4
  • 2010, 175:4, eff. Jan. 1, 2011
  • 2019, 44:6, 7, eff. Aug. 2, 2019; 346:334, 335, eff. July 1, 2019

Related materials

Bill relationships

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    and special education services to New Hampshire students who are placed in residential facilities in the state as an episode of treatment or under a court ordered placement under RSA 169-B, RSA 169-C, and RSA 169-D. II. The members of the committee shall be as follows: (a) One member of the senate, appointed by the president of the senate. (b) Four members of the house of representatives, appointed

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    n General Court convened: 1 New Paragraphs; Minors; Tobacco Violations. Amend RSA 126-K:6 by inserting after paragraph III the following new paragraphs: IV. Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older who violates this section shall not be considered a delinquent or a child in need of services. V. Any person who has not attained 21 years of age who violates this sect

  • 2026 HB1564 related · effective 2027-01-01

    d persons. Eligibility for services in the mental health system for persons under 21 years of age shall be determined after consideration of the services provided under RSA 186-C, RSA 169-B, RSA 169-C, RSA 169-D, or any other law. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the eligibility of severely mentally disabled persons to receive state services and the service guarantees

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    d persons. Eligibility for services in the mental health system for persons under 21 years of age shall be determined after consideration of the services provided under RSA 186-C, RSA 169-B, RSA 169-C, RSA 169-D, or any other law. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the eligibility of severely mentally disabled persons to receive state services and the service guarantees

  • 2026 HB652 reference · effective 2026-01-01

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  • 2026 HB709 reference · effective 2026-07-01

    ld's legal residence for school attendance purposes shall be as stated in the order. If a child is in a court-ordered residential placement, foster home, or group home pursuant to RSA 169-B, RSA 169-C, RSA 169-D, RSA 170-C, or RSA 463, residence shall be determined in accordance with RSA 193:28. (B) Nothing in this subparagraph shall require a school district to provide transportation for a child to anoth

  • 2026 HB709-FN reference · effective 2026-07-01

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  • 2026 SB142 related · effective 2026-01-01

    pursuant to RSA 541-A, relative to the administration and enforcement of the following: (a) The interstate compact for juveniles under RSA 169-A. (b) Delinquent children under RSA 169-B. (c) Child protection under RSA 169-C. (d) Children in need of services under RSA 169-D. (e) Missing children under RSA 169-E. (f) Court ordered placements under RSA 169-F. (g) Review of dispositional orders i

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    pursuant to RSA 541-A, relative to the administration and enforcement of the following: (a) The interstate compact for juveniles under RSA 169-A. (b) Delinquent children under RSA 169-B. (c) Child protection under RSA 169-C. (d) Children in need of services under RSA 169-D. (e) Missing children under RSA 169-E. (f) Court ordered placements under RSA 169-F. (g) Review of dispositional orders i

  • 2026 SB524 amend · effective 2027-01-01

    e and shall be destroyed. 7 New Paragraphs; Minors; Tobacco Violations. Amend RSA 126-K:6 by inserting after paragraph III the following new paragraphs: IV. Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older who violates this section shall not be considered a delinquent or a child in need of services. V. Any person who has not attained 21 years of age who violates this sect

  • 2026 SB524-FN amend · effective 2027-01-01

    e and shall be destroyed. 7 New Paragraphs; Minors; Tobacco Violations. Amend RSA 126-K:6 by inserting after paragraph III the following new paragraphs: IV. Notwithstanding RSA 169-B and RSA 169-D, a person 12 years of age and older who violates this section shall not be considered a delinquent or a child in need of services. V. Any person who has not attained 21 years of age who violates this sect