Section He-C 701.03 - Multidisciplinary Teams(a) The purpose of an MDT shall be to assess and evaluate whether a person convicted of a sexually violent offense who is eligible for release from total confinement meets the definition of sexually violent predator.(b) Upon receipt by the department of a written request pursuant to He-C 701.04 for the assessment and evaluation of a person, the commissioner shall establish an MDT to assess and evaluate the person referred.(c) Each MDT established by the commissioner shall consist of 3 persons, including: (1) An employee of the department appointed by the commissioner; and(2) One of the following: a. Two psychiatrists with the qualifications specified in (e) below;b. Two psychologists with the qualifications specified in (f) below; orc. One psychiatrist and one psychologist with the qualifications specified in (e) and (f) below, as applicable.(d) The employee of the department appointed by the commissioner shall: (1) Serve as chairperson of an MDT; and(2) Have knowledge of: a. The provisions of RSA 135-E and RSA 632-A, and any other relevant New Hampshire statutes and the administrative rules promulgated thereunder;b. The programs provided by the department and the department of corrections for persons who have committed sexually violent offenses and are held in total confinement, including, but not limited to, the standards for admissions to such programs and the services provided;c. The role and functions of the MDT and its members; andd. The budget for the MDT.(e) A psychiatrist designated by the commissioner to serve on an MDT shall: (1) Be certified by the American Board of Psychiatry and Neurology;(2) Have at least 3 years of experience in the evaluation and treatment of sexual offenders, including: a. Experience in diagnosing and assessing re-offense risk; andb. Experience in interpreting instruments used for evaluating violent sexual offenders; and(3) Be licensed by the appropriate licensing board or entity in the state in which he or she currently practices.(f) A psychologist designated by the commissioner to serve on an MDT shall: (1) Hold a doctoral degree from a program approved by the American Psychological Association;(2) Have at least 3 years of experience in the evaluation and treatment of sexual offenders, including: a. Experience in diagnosing and assessing re-offense risk and psychopathy; andb. Experience in administering and interpreting instruments used for evaluating violent sexual offenders; and(3) Be licensed by the appropriate licensing board or entity in the state in which he or she currently practices.(g) In order to facilitate the requested assessment and evaluation in a timely manner:(1) The MDT may use teleconferencing or any other telecommunications processes to conduct any or all of its work, except that the personal interview shall be conducted in person, as described in He-C 701.07(d) ;(2) The department shall provide administrative support to the MDT; and(3) The attorney general shall serve as legal counsel to the MDT, pursuant to RSA 135-E:3, I.(h) The meetings and work of any MDT shall not be open to the public.(i) Records, reports, and proceedings of the MDT shall be confidential and shall be exempt from the provisions of RSA 91-A, except as provided in RSA 135-E:15, pursuant to RSA 135-E:3, VI.(j) All deliberations and written documentation of the deliberations of the MDT, except for the team's final report submitted pursuant to He-C 701.07, shall be confidential, unless otherwise ordered by the court.(k) Pursuant to RSA 135-E:15, III, a report of the multidisciplinary team shall be available to the public only after the court has determined that probable cause exists pursuant to RSA 135-E:7.(l) The commissioner shall have the responsibility of assuring that each MDT carries out its duties pursuant to statute and this chapter, but the commissioner shall have no authority with respect to the determinations and decisions of an MDT.N.H. Admin. Code § He-C 701.03
#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.