169-B:13 Arraignment; Court Referrals; Uncompensated Public Service by Minors. –
I. No minor shall be detained for more than 24 hours, Sundays and holidays excluded, from the time of being taken into custody without being brought before a court. At any arraignment the court shall:
(a) Advise the minor in writing and orally of any formal charges;
(b) Inform the minor of the applicable constitutional rights;
(c) Appoint counsel pursuant to RSA 169-B:12;
(d) Establish any conditions for release; and
(e) Set a hearing date.
(f)(1) Inquire of the juvenile and a parent or guardian of the juvenile if the juvenile has been:
(A) Determined to have a cognitive disability; or
(B) Determined to have a mental illness, emotional or behavioral disorder, or another disorder that may impede the child's decision-making abilities; or
(C) Identified as eligible for special education services; or
(D) Previously referred to a care management entity as defined in RSA 135-F:4, III.
(2) Such inquiry shall be conducted to gather complete and accurate information. The court shall make a record of the inquiry and of any information provided in response to the inquiry.
I-a. No plea shall be taken until the minor has the opportunity to consult with counsel or until a waiver is filed pursuant to RSA 169-B:12.
II. The court may, at any time after arraignment, dispose of the petition by referring the minor or the minor and family for participation in a court approved diversion program or other intervention program.
II-a. The court may, at the arraignment or at any time thereafter, with the consent of the minor and the minor's family, refer the minor and family to a care management entity, as defined in RSA 135-F:4, III, for evaluation and/or behavioral health services to be coordinated and supervised by that entity.
III. A referral under this section may include an order for the minor to perform up to 50 hours of uncompensated public service subject to the approval of the elected or appointed official authorized to give approval of the city or town in which the offense occurred. The court's order for uncompensated public service shall include the name of the official who will provide supervision to the minor. However, no person who performs such public service under this paragraph shall receive any benefits that such employer gives to its other employees, including, but not limited to, workers' compensation and unemployment benefits and no such employer shall be liable for any damages sustained by a person while performing such public service or any damages caused by that person unless the employer is guilty of gross negligence.