Section He-C 701.05 - Information and Documentation to be Provided to the Multidisciplinary Team(a) Upon receipt of the written request for assessment and evaluation pursuant to He-C 701.04, the MDT shall provide written notice of the request to the agency with jurisdiction and request that the agency provide the MDT with the following information about the person, including copies of all relevant documents, by the date specified in the written notice: (3) Unique personal identification number assigned by the agency with jurisdiction;(4) Identifying physical characteristics;(5) Anticipated future residence and type of community supervision in the event that the person is released from total confinement, if known;(6) Criminal history, including police reports, victim statements, pre-sentence investigative reports, post-sentence investigative reports, and any other documents containing information about the person's criminal incidents;(7) All clinical and treatment records, including but not limited to: a. Assessments and evaluations;b. Mental health records and records related to mental status; and(8) Other institutional records from the period of total confinement;(9) Records describing treatment, supervision, and conduct for any period during which the person had been released from total confinement; and(10) Any other information deemed relevant by the MDT that is specified in the MDT's written request for information.(b) In the event that the agency with jurisdiction cannot provide the requested information by the date specified, it shall identify the earliest possible date by which the information can be provided.(c) In the event that the agency with jurisdiction does not have access to the requested information, it shall identify possible sources of such information, if known.(d) Following receipt of the information specified in (a) above, the MDT shall notify the agency with jurisdiction of any missing or incomplete information.(e) Upon receipt of the notification in (d), the agency with jurisdiction shall provide the missing materials within 3 business days.(f) In addition to the information and documents specified in (a) above, at any time during its assessment and evaluation, the MDT may request additional information from the agency with jurisdiction or any other individual or entity provided that the information requested is relevant to the question of whether the person meets the definition of sexually violent predator.(g) Pursuant to RSA 135-E:15, any individual or entity with relevant information or records that are otherwise confidential or privileged, shall, if requested, provide it to the MDT notwithstanding the confidentiality of the documents and the fact that the person referred to the MDT for assessment and evaluation has not authorized the release of such information or documents.(h) In order to protect the public, relevant information and records that are otherwise confidential or privileged shall be released to the agency with jurisdiction, to a multidisciplinary team, or to the county attorney or attorney general for the purpose of meeting the notice requirements of this chapter and determining whether a person is or continues to be a sexually violent predator. Restrictions on confidential or privileged communications pursuant to RSA 329:26, RSA 330-A:32, RSA 329-B, or any other statute establishing similar restrictions on confidential or privileged communications shall not apply to releases made under this chapter. A person, agency, or entity receiving information under this section which is confidential shall maintain the confidentiality of that information. Such information does not lose its confidential status due to its release under this section.(i) Psychological or psychiatric reports, drug and alcohol reports, treatment records, medical records, pre-sentence investigative reports, or victim impact statements that have been submitted to the court or admitted into evidence under this chapter shall be part of the record but shall be sealed and may be opened only pursuant to a court order.(j) All information and documents described in this section shall be delivered to the department at the following address: Chairperson
RSA 135-E Multidisciplinary Team
Department of Health and Human Services
36 Clinton Street
Concord, NH 03301-3857
N.H. Admin. Code § He-C 701.05
#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.