Section He-C 701.02 - Definitions(a) "Agency with jurisdiction" means "agency with jurisdiction" as defined in RSA 135-E:2, I, namely "the agency that releases, upon lawful order or authority, a person who is serving a sentence in the custody of the department of corrections, or a person who was involuntarily committed upon a finding that the person was not guilty by reason of insanity or incompetent to stand trial."(b) "Commissioner" means the commissioner of the department of health and human services, or his or her designee.(c) "Convicted of a sexually violent offense" means "convicted of a sexually violent offense" as defined in RSA 135-E:2, III, namely "a person who has been: (a) Adjudicated guilty of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere;(b) Adjudicated not guilty by reason of insanity of a sexually violent offense; or(c) Found incompetent to stand trial on a charge of a sexually violent offense and the court makes the finding required pursuant to RSA 135-E:5."(d) "Court" means "court" as defined in RSA 135-E:2, IV, namely "the superior court in the county where that person was last convicted of a sexually violent offense, or if the person is in custody on an out-of-state or federal sexually violent offense the county where the person plans to reside upon release or, if no residence in this state is planned, in the county where the facility from which the person to be released is located."(e) "Department" means the department of health and human services.(f) "Likely to engage in acts of sexual violence" means "likely to engage in acts of sexual violence" as defined in RSA 135-E:2, VI, namely "the person's propensity to commit acts of sexual violence is of such a degree that the person has serious difficulty in controlling his or her behavior as to pose a potentially serious likelihood of danger to others."(g) "Mental abnormality" means "mental abnormality" as defined in RSA 135-E:2, VII, namely "a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses."(h) "Multidisciplinary team (MDT) " means the group established by the commissioner pursuant to He-C 701.03 for the purpose of assessing and evaluating whether a person convicted of a sexually violent offense who is eligible for release from total confinement meets the definition of sexually violent predator.(i) "Person" means an individual 18 years of age or older who is a potential or actual subject of proceedings under RSA 135-E.(j) "Personal interview" means the interview of the person by a qualified member of the MDT pursuant to RSA 135-E:3, V(b) that might include assessment tests or evaluative instruments administered by a qualified member of the team.(k) "Sexually motivated" means "sexually motivated" as defined in RSA 135-E:2, X, namely "that one of the purposes for which the defendant committed the crime was for sexual gratification."(l) "Sexually violent offense" means "sexually violent offense" as defined in RSA 135-E:2, XI, namely: (a) Capital murder in violation of RSA 630:1, I(e) ;(b) First degree murder in violation of RSA 630:1-a, I(b) (1) ;(c) Aggravated felonious sexual assault in violation of RSA 632-A:2;(d) Felonious sexual assault in violation for RSA 632-A:3, III;(e) Kidnapping in violation of RSA 633:1, I(d) , where the offender confined the victim with the purpose to commit sexual assault against the victim;(f) Burglary in violation of RSA 635:1, I, where the offender entered a building or occupied structure with the purpose to commit sexual assault;(g) An attempt, criminal solicitation, or conspiracy, to commit any of the offenses listed above; or(h) A violation of any other statute prohibiting the same conduct as the offenses listed above in another state, territory, or possession of the United States."(m) "Sexually violent predator" means "sexually violent predator" as defined in RSA 135-E:2I, XI, namely "any person who:(a) Has been convicted of a sexually violent offense; and(b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment.(n) "Total confinement" means "total confinement" as defined in RSA 135-E:2II, XI, namely "that the person is being held in any physically secure facility being operated by or contractually operated for the department of corrections. A person shall also be deemed to be in total confinement for applicability of provisions under this chapter if the person is serving an incarcerative sentence under the custody of the department of corrections. A person is not subject to total confinement if the person is subject to an incarcerative sentence or other custody in a secure facility but has contact with the community, such as through work release, a halfway house, or other supervised or unsupervised release into the community."N.H. Admin. Code § He-C 701.02
#8784, EMERGENCY RULE, eff 1-1-07, EXPIRES: 6-30-07; ss by #8906, eff 6-30-07
Amended by Volume XXXIX Number 06, Filed February 7, 2019, Proposed by #12715, Effective 1/23/2019, Expires 1/23/2029.