   
NEW LEGISLATION 2007/2008
New Hampshire's New Sexual Predator Act
The new Sexual Predator Act has three primary
components: (1) it enhances the penalties for
first time and subsequent sexual offenders against
children; (2) it strengthens the requirements for those
that are required to register as sex offenders and
increases the penalties for those that fail to comply;
and (3) it provides for civil commitment of those
offenders for medical treatment that are deemed to be
sexually violent predators and a danger to the
community.
The Sexual Predator Act increases the mandatory minimum
for first time sexual offenders against children to 25
years in the New Hampshire State Prison. For
subsequent offenders against children, the Act increases
the penalty to life in prison.
The
Sexual Predator Act also made many changes to the
Registration requirements for sex offenders. For
example, the new law requires the disclosure of much
more information, including any place one stays for more
than 5 non-consecutive days in a month. The law
also requires out-of-state offenders to register in New
Hampshire if they work or go to school in New Hampshire.
As well, the time frame within which offenders are
required to register and notify the State of any changes
has been reduced from 30 to 5 days. Most
importantly, however, the penalties for failure to
comply with the Registration requirements have been
strengthened. It is now a felony for one to
knowingly fail to comply with the requirements or aid
someone to evade registration.
Finally, the Sexual Predator Act empowers the State to
involuntarily commit in secure psychiatric facilities,
certain sex offenders if the State can prove after trial
that the offender is a sexually violent predator.
As well, the law allows the State to seek involuntary
civil commitment of those offenders that are deemed
incompetent to stand trial.
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CHAPTER 135-E -
establishing Involuntary Civil Commitment of
Sexually Violent Predators. 135-E:1 Findings
and Intent. –
The general court finds that a small but extremely
dangerous number of sexually violent predators exist
who do not have a mental disease or defect that
renders them appropriate for involuntary treatment
under RSA 135-C, which is intended to provide
short-term treatment to individuals with serious
mental disorders and then return them to the
community. In contrast to persons appropriate for
civil commitment, sexually violent predators
generally have antisocial personality features which
are unamenable to existing mental illness treatment
modalities, and those features render them likely to
engage in criminal, sexually violent behavior. The
general court further finds that the likelihood of
sexually violent predators engaging in repeat acts
of predatory sexual violence is high. The existing
involuntary commitment procedures for the treatment
and care of mentally ill persons are inadequate to
address the risk these sexually violent predators
pose to society. The general court further finds
that the prognosis for rehabilitating sexually
violent predators in a prison setting is poor, the
treatment needs of this population are very long
term, and the treatment modalities for this
population are very different from the traditional
treatment modalities for people appropriate for
commitment under existing law. It is therefore the
intent of the general court to create a civil
commitment procedure for the long-term care and
treatment of sexually violent predators.
Source. 2006, 327:21, eff. Jan. 1, 2007.
Breath Alcohol
Ignition Interlock in New Hampshire
HB 194 was signed into law on
7/3/07. This amends RSA 265-A:5,
5V(e) to read:
Any person whose license or
permission to drive has been revoked
or suspended for an Aggravated DWI
offense or a subsequent DWI offense
shall be required by the court after
the period of revocation or
suspension to install an
ignition
interlock device as defined in RSA
259:43-a in any vehicle registered
to that person or used by that
person on a regular basis, for the
remaining period of suspension or
revocation plus an additional period
not less than 12 months nor more
than 2 years. Installation and
monitoring costs shall be paid by
the offender. A certificate proving
installation of the device shall be
provided to the division of motor
vehicles as a condition precedent to
reinstatement of the individual’s
license to drive, and the division
may mark the person’s license and
the person’s number plate by use of
a striping sticker accordingly.
The court instructs the
defendant to use one of the 2
authorized dealers. Mike
Diamond at
Consumer Safety
Technologies, Inc. can be
reached at 248-408-8175. Craig
Champagne at Draeger Safety
Diagnostics
can be reached at
603-703-3336.
Note: Only a
court can order the installation of
an ignition interlock device as a
condition for obtaining a driver license
in the State of New Hampshire.
Additionally, the installation order
must be the direct result of a
conviction for one of the DWI
offenses specified in the New
Hampshire Revised Statutes Annotated (RSA
265-A:36). As of July 1, 2006,
courts were mandated to order
installation of the alcohol ignition interlock
device for conviction of driving
while under suspension, when the
underlying case was DWI. The Division
of Motor Vehicles is not responsible
for other types of court-ordered or
“voluntary” interlock installations
or monitoring.
The following
is the series of events, in
chronological order, which must
occur for an offender to obtain a New Hampshire
Driver License with an interlock
restriction:
1. The court
orders the ignition interlock
installation as one of several
conditions that must be met before the
offender can be eligible for a
driver license.
2. The court
notifies the DMV of the conviction
and associated orders/conditions
(i.e. alcohol program, fine,
period of suspension prior to
eligibility for interlock
installation, etc.).
3. The
offender must satisfy all of the
court-ordered requirements (i.e.
successfully complete the alcohol
program, complete the period of
suspension, etc.)
4. The
offender then arranges with the
ignition interlock vendor to have
interlock(s) installed on any vehicles that
are covered by the court order.
5. The
ignition interlock vendor installs
the interlock(s) as required by the
court order.
6. The
offender obtains a Certificate of
Installation from the interlock
vendor.
7. The
offender comes to the DMV and:
a. Presents
proof of completion of the alcohol
program and all other court-ordered requirements;
b. Pays any
fines and/or restoration fees that
may be due; and
c. Presents
the Certificate of Installation from
the ignition interlock vendor.
8. If the
offender has satisfied all
conditions of the court order, and
has provided proof to that effect, and if the
offender has provided proof that the
interlock has been installed on all
vehicles that are covered by the
court order, then the DMV will issue
a driver license with the interlock
restriction on it.
It is the
offender’s responsibility to obtain
any necessary details or
clarification of conditions,
suspension periods, etc.
from the court. It is also the
offender’s sole responsibility to
fully satisfy all of those conditions and
to obtain official written proof of
the Certificate of Installation
before the offender is eligible to obtain a
driver license that bears the
ignition interlock restriction code.
Once the
required period for using the
ignition interlock has ended, it is
the offender’s sole responsibility to apply to
the DMV to have the ignition
interlock restriction removed from
the driver license.
For DMV
information only, call 603-271-3101.
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HOUSE BILL 194-FN -
an act relative to laboratories conducting
alcohol concentration tests and relative to the
alcohol ignition interlock program.
Eff.
Section 1 of this act shall take effect January 1, 2008.
Section II. The remainder of this act shall take effect
upon its passage.
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