N.H. Admin. Code § Juv 202.01

Current through Register No. 50, December 12, 2024
Section Juv 202.01 - Parole Hearing
(a) The parties to a parole hearing shall include the committed juvenile, the juvenile's parent(s) or legal guardian(s), the juvenile's JPPO, and the commissioner.
(b) The board shall provide written notice of the parole hearing to the parties at the time of the juvenile's administrative release to parole.
(c) The written notice shall include:
(1) The name and birth date of the juvenile;
(2) The date and time of the parole hearing;
(3) The location of the parole hearing;
(4) A statement of the legal authority under which the hearing is to be held;
(5) A reference to the particular section of the statutes and rules involved; and
(6) A brief statement of the issues involved.
(d) At least 5 business days before the date of the parole hearing, the juvenile's JPPO shall provide to the board all information that he/she intends to offer at the time of hearing.
(e) The board shall parole the juvenile subject to the conditions specified in Juv 301.02 if the board determines by a preponderance of the evidence that:
(1) Parole is in the best interest of the juvenile and the public and that further incarceration will be of no benefit; and
(2) There is a reasonable probability that the juvenile will remain at liberty without violating the law and will conduct himself/herself as a good citizen.
(f) The juvenile shall have burden at the parole hearing to show by a preponderance of the evidence that the standards set forth above in (e) have been met.
(g) The written decision of the board to parole a juvenile shall state that parole has been granted subject to certain conditions of parole and state the conditions of parole.
(h) Before any juvenile is released on parole, the board shall review with the juvenile and juvenile's parent(s) or legal guardian(s) the conditions of the juvenile's parole and ensure that the juvenile and the juvenile's parent(s) or legal guardian(s) understand the conditions.
(i) The juvenile shall signify his understanding of the conditions by signing the document containing the conditions.
(j) If the board denies parole to a juvenile, the written decision of the board shall set forth the basis for denial.
(k) A copy of the board's decision shall be provided to the parties at the time of the parole hearing.

N.H. Admin. Code § Juv 202.01

(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03