TITLE LIX
PROCEEDINGS IN CRIMINAL CASES

Chapter 592-B
CRIMINAL PROCEDURE IN SUPERIOR COURT

Section 592-B:1

    592-B:1 Jurisdiction. – The superior court shall have jurisdiction over felony complaints and misdemeanors and violation level charges that are directly related to those felonies. The superior court shall also have jurisdiction over de novo appeals of class A misdemeanors pursuant to RSA 599:1.

Source. 2015, 249:2, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017. 2022, 268:2, eff. Jan. 1, 2024.

Section 592-B:2

    592-B:2 Repealed by 2022, 268:13, I, eff. Jan. 1, 2024. –

Section 592-B:3

    592-B:3 Commencement of Criminal Proceeding. –
I. Unless otherwise provided for in law, criminal proceedings in superior court shall be commenced by the receipt of a complaint from the circuit court having found probable cause to bind over a defendant. If a complaint is received from the circuit court or is filed, the accused shall subsequently be indicted by a grand jury or waive grand jury indictment pursuant to RSA 601:2 for the case to proceed.
II. The complaint shall set forth by name or description the party accused and the offense charged. The description of an accused may include an identifiable ridge skin impression or a DNA profile. A complaint that contains only an identifiable ridge skin impression or DNA profile, and that alleges one or more of the following offenses shall, upon its filing, toll the applicable statute of limitations under RSA 625:8 for:
(a) Capital murder under RSA 630:1.
(b) First degree murder under RSA 630:1-a.
(c) Second degree murder under RSA 630:1-b.
(d) Manslaughter under RSA 630:2.
(e) Negligent homicide under RSA 630:3.
(f) First degree assault under RSA 631:1.
(g) Second degree assault under RSA 631:2.
(h) Aggravated felonious sexual assault under RSA 632-A:2.
(i) Felonious sexual assault under RSA 632-A:3.
(j) Kidnapping under RSA 633:1.
(k) Arson under RSA 634:1, I-III.
(l) Robbery under RSA 636:1.

Source. 2015, 249:2, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017. 2022, 268:3, eff. Jan. 1, 2024.

Section 592-B:4

    592-B:4 Warrants. – A justice of the peace or justice of the superior or circuit court, upon such complaint or indictment, may issue a warrant for the arrest of the person so charged with an offense committed or triable in the county, directed to the sheriff of any county or his deputy or to any constable or police officer of any town in the county.

Source. 2015, 249:2, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017.

Section 592-B:5

    592-B:5 When Warrants Returnable to Superior Court. – If such warrant is issued, it shall be made returnable before the superior court having jurisdiction over the case and not elsewhere.

Source. 2015, 249:2, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017.

Section 592-B:6

    592-B:6 Repealed by 2022, 268:13, II, eff. Jan. 1, 2024. –

Section 592-B:7

    592-B:7 Repealed by 2022, 268:13, III, eff. Jan. 1, 2024. –

Section 592-B:8

    592-B:8 Dispositional Conference. – Upon entry of a plea of not guilty, the case shall be scheduled for a dispositional conference in accordance with superior court rules.

Source. 2015, 249:2, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017.

Section 592-B:9

    592-B:9 Drug Courts or Alternative Drug Offender Programs. –
I. (a) In any county that has implemented or which will implement the felonies first project established in this chapter within one year of commencing operation of a drug court or alternative drug offender program, the judicial branch shall fund and operate an approved drug court or alternative drug offender program separate from the statewide drug offender grant program established in RSA 490-G, and at no cost to the county.
(b) Before the judicial branch funds and operates a drug court or alternative drug offender program in any county under subparagraph (a), the county shall have first applied for a federal grant for the purpose of establishing a program. A county shall be required to apply for a federal grant only once. Any county that applied for a federal grant before the effective date of this section shall not be required to apply again. In the event the county is awarded a federal grant, or any other grant from a nonprofit organization, designed to fund a drug court or alternative drug offender program, the judicial branch shall fund and operate a drug court or alternative drug offender program only after the federal or other nonprofit grant has expired. If the county does not receive a federal or other nonprofit grant for which it applied, the drug court or alternative drug offender program shall commence operation.
(c) The cost of the drug court or alternative drug offender program shall not exceed $612,500 per judicial district in a large county, $375,000 in a medium county, and $250,000 in a small county, based on the number of court filings in each judicial district and subject to annual review by the chief justice of the superior court.
II. A county in which the judicial branch is funding and operating an approved drug court or alternative drug offender program separate from the statewide drug offender grant program established in RSA 490-G:4 shall not be eligible to receive funds under the statewide drug offender grant program.

Source. 2016, 264:3, eff. June 15, 2016. 2023, 79:500, eff. July 1, 2023.