RSA 169-B:2 · Definitions

169-B:2 Definitions. – In this chapter:

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I.

"Adult lock-up or jail" means a locked facility, used primarily to house adults charged with or convicted of violating criminal law. This includes police lock-ups, county correctional facilities, and any facility used by county sheriffs, state police, or local police to securely detain adult offenders and accused offenders.

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II.

"Alternative to secure detention" means any local program, approved by the court, police, probation, or the department of health and human services, which offers a less restrictive alternative to secure detention for minors. Such programs include, but are not limited to, youth attender, crisis home placement, group homes which have entered into agreements with the department of health and human services to provide such care, truant and runaway programs, and alcohol and drug detoxification programs.

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III.

"Court" means the district court, unless otherwise indicated. III-a. "Custody" means a legal status created by court order wherein the department of health and human services has placement and care responsibility for the minor.

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IV.

"Delinquent" means a person who has committed an offense before reaching the age of 18 years which would be a felony or misdemeanor under the criminal code of this state if committed by an adult, or which is a violation of RSA 318-B:2-c, II or III, and is expressly found to be in need of counseling, supervision, treatment, or rehabilitation as a consequence thereof. No person under 13 years of age shall be subject to proceedings under this chapter unless such person has committed a violent crime as defined in RSA 169-B:35-a, I(c). This provision shall not be construed to limit the filing of a petition for any minor child under RSA 169-D. IV-a. "Diversion" means a decision made by a person with authority which results in specific official action of the legal system not being taken or being postponed in regard to a juvenile and, in lieu of such inaction or postponement, providing an individually designed program for delivery of services for the juvenile by a specific provider or a plan to assist the juvenile in finding a remedy for his or her inappropriate behavior. The goal of diversion is to prevent further involvement of the juvenile in the formal legal system. Diversion of a juvenile may take place either at prefiling as an alternative to the filing of a petition, or at arraignment. IV-b. "Court approved diversion program" means a program that has been approved by the administrative judge of the judicial branch family division and has been approved to accept court referrals. An approved diversion program is a community based alternative to the formal court process that integrates restorative justice practices, promotes positive youth development, and reduces juvenile crime and recidivism. IV-c. "Intervention" means a decision made by a person with authority which results in specific official action of the legal system not being taken or being postponed in regard to a juvenile and, in lieu of such inaction or postponement, providing an individually designed program for delivery of services for the juvenile by a specific provider or a plan to assist the juvenile in finding a remedy for his or her inappropriate behavior. The goal of intervention is to prevent further involvement of the juvenile in the formal legal system. Intervention for a juvenile may take place either at the adjudicatory or dispositional level.

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V.

"Detention" means the care of a minor in physically restricted facilities and shall not include placement at residential treatment or evaluation facilities, staff-secure shelter facilities, or foster care homes. V-a. "Home detention" means court-ordered confinement of a minor with the parents or other specified home for 24 hours a day unless otherwise prescribed by written court order, under which the minor is permitted out of the residence only at such hours and in the company of persons specified in the court order establishing the home detention.

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VI.

"Minor" means a person under the age of 18.

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VII.

"Non-secure detention" means the care of a minor in a facility where physical restriction of movement or activity is provided solely through facility staff.

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VIII.

"Conditional release" means a legal status created by court order following an adjudication that a minor is delinquent and shall be permitted to remain in the community, including the minor's home, subject to:

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(a)

The conditions and limitations of the minor's conduct prescribed by the court;

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(b)

Such counselling and treatment as deemed necessary, pursuant to methods and conditions prescribed by the court, for the minor and family;

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(c)

The supervision of a juvenile probation and parole officer, as authorized by RSA 170-G:16; and

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(d)

Return to the court for violation of conditions of the release and change of disposition at any time during the term of conditional release.

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IX.

"Restitution" means moneys, compensation, work, or service which is reimbursed by the offender to the victim who suffered personal injury or economic loss.

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X.

"Concurrent plan" means an alternate permanency plan in the event that a child cannot be safely reunified with his or her parents.

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XI.

"Out-of-home placement" means when a minor, as the result of a delinquent petition, is removed from a biological parent, adoptive parent, or legal guardian of the minor and placed in substitute care with someone other than a biological parent, adoptive parent, or legal guardian. Such substitute care may include placement with a custodian, guardian, relative, fictive kin, friend, group home, crisis home, shelter care, foster home as defined in RSA 169-C:3, XIII, or a child care institution, psychiatric residential treatment, or a program otherwise certified by the commissioner of the department of health and human services or his or her designee.

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XII.

"Permanency hearing" means a court hearing for a minor in an out-of-home placement to review, modify, and/or implement the permanency plan or adopt the concurrent plan.

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XIII.

"Permanency plan" means a plan for a minor in an out-of-home placement that is adopted by the court and that provides for timely reunification, termination of parental rights or parental surrender when an adoption is contemplated, guardianship with a fit and willing relative or another appropriate party, or another planned permanent living arrangement. XIII-a. "Psychotropic medication" means a drug prescribed by a licensed medical practitioner, to treat illnesses that affect psychological functioning, perception, behavior, or mood. XIII-b. "Medication restraint" means the involuntary administration of any medication, including psychotropic medication, for the purpose of immediate control of behavior.

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XIV.

"Serious threats to school safety" means acts involving weapons; acts involving the possession, sale, or distribution of controlled substances; acts that cause serious bodily injury to other students or school employees; threats to cause bodily injury to students or school employees, where there is a reasonable probability that such threats will be carried out; acts that constitute felonious sexual assault or aggravated felonious sexual assault under RSA 632-A; arson under RSA 634:1; robbery under RSA 636:1; and criminal mischief under RSA 634:2, II and RSA 634:2, II-a.

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XV.

"Shelter care facility" means a non-secure or staff-secure facility for the temporary care of children who are at least 11 and under 18 years of age. Shelter care facilities may be utilized for children prior to or following adjudication or disposition. A shelter care facility may not be operated in the same building as a facility for architecturally secure confinement of children or adults. Source. 1979, 361:2. 1987, 402:7. 1988, 197:1, 14. 1989, 285:1, 2. 1994, 212:2. 1995, 302:3, 4; 308:100-102; 310:181. 1999, 305:2. 2000, 294:9. 2001, 162:1. 2007, 236:1; 325:7. 2010, 175:1. 2013, 198:1, eff. Jan. 1, 2014; 249:17, eff. Sept. 22, 2013. 2014, 215:3, 4, eff. July 1, 2015. 2017, 248:8, eff. Sept. 16, 2017. 2021, 182:1, eff. Jan. 1, 2022; 227:6, eff. Oct. 24, 2021. 2024, 42:6, eff. July 30, 2024; 88:1, eff. June 14, 2024.

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