TITLE LX
CORRECTION AND PUNISHMENT

Chapter 621
YOUTH DEVELOPMENT CENTER

Section 621:1

    621:1 New Hampshire Youth Development Center; Administration. –
I. The New Hampshire youth development center, a juvenile correctional facility formerly known as the industrial school, may also be referred to as the YDC or the center. References to the industrial school or the YDC in statutes or other documents shall mean the youth development center.
II. The programs and policies of the New Hampshire youth development center shall be administered by the department of health and human services.
III. To ensure that juveniles are placed in the least restrictive environment consistent with their treatment needs, their safety, and the safety of the community, the department shall not establish treatment services at the youth development center or other architecturally secure facility which are not also available to children living in the community or in settings other than architecturally secure settings.

Source. 1913, 101:3. PL 399:1. RL 463:1. 1953, 205:1, par. 1. RSA 621:1. 1973, 17:2. 1981, 539:3. 1983, 416:10. 1994, 81:3; 212:2. 1995, 181:12, eff. July 1, 1995. 2001, 286:19, eff. Sept. 14, 2001. 2013, 249:19, eff. Sept. 22, 2013.

Section 621:2

    621:2 Philosophy of the New Hampshire Youth Development Center. –
The New Hampshire youth development center shall be administered to effect the following purposes and policies:
I. To provide a wholesome physical and emotional setting for each child detained at or committed to the center;
II. To provide protection, care, counseling, supervision, and rehabilitative services as required by the individual child;
III. To assure that the child has not been deprived of those rights to which he or she is entitled by law;
IV. To teach the child to accept responsibility for his or her actions;
V. To recognize that the child's interests are of major importance while also acknowledging the interests of public safety;
VI. To cooperate with the courts, law enforcement agencies, and other agencies in juvenile matters to ensure that the needs of each child who is involved with these agencies are met with minimum adverse impact upon the child; and
VII. To return each child committed to the center to a community setting with an improved attitude toward society.

Source. 1981, 539:3, eff. June 30, 1981.

Section 621:3

    621:3 Definitions. –
In this chapter:
I. "Administrative release to parole" means an administrative procedure to provide a period of community adjustment before parole status is granted.
I-a. "Board" means the juvenile parole board established in RSA 170-H:3.
II. "Child," "minor," or "juvenile" means a person under the age of 18 years.
II-a. "Commissioner" means the commissioner of the department of health and human services.
III. "Commitment" or "committed" refers to children who are in the custody of the center as a result of being adjudicated delinquent by a district or superior court and who are placed in the custody and care of the center for their minority.
IV. "Court" means the district court, unless otherwise indicated.
V. "Delinquent" or "delinquent child" means a minor who has committed an offense before reaching the age of 18 years which would be a felony or misdemeanor under the criminal code of this state if committed by an adult.
V-a. "Department" means the department of health and human services.
VI. "Detention" means the care of a minor in a physically restricted facility while awaiting further action by a court.
VI-a. [Repealed.]
VI-b. [Repealed.]
VII. "Minority" means the period of time before the age of 18 years and terminates on the eighteenth birthday.
VIII. "Parole" means a conditional release from the center which allows the child to serve the remainder of his or her commitment outside the center, supervised by a juvenile probation and parole officer, contingent upon satisfactory compliance with the terms and conditions set forth in the parole agreement.

Source. 1981, 539:3. 1983, 291:1, 416:11, 12, 20. 1994, 212:2. 1995, 181:13, 14, 20, 23, X; 308:114-116. 1999, 219:12. 2000, 294:8, eff. July 1, 2000. 2001, 286:19, eff. Sept. 14, 2001. 2014, 215:15-17, eff. July 1, 2015.

Section 621:4

    621:4 Duties Relative to Property. – With the approval of the fiscal committee, the department shall be authorized to take, hold, and manage, in trust for the state, lands, money, or other property granted, devised, or bequeathed for the use of the center, and to sell and convey the lands, money, or other property and to invest the proceeds therefrom in such investments as are legal for New Hampshire savings banks or in the physical plant of the center.

Source. 1981, 539:3. 1983, 416:13. 1995, 181:20, eff. July 1, 1995.

Section 621:5

    621:5 Repealed by 1983, 416:37, IV, eff. July 1, 1983. –

Section 621:6

    621:6 Books and Records of Account. – All books of account and documents relating to the center shall be open to examination by the bank commissioner, the governor and council, or either legislative branch.

Source. 1913, 101:4. PL 399:4. RL 463:4. 1953, 205:1, par. 3. RSA 621:3. 1981, 539:3, eff. June 30, 1981.

Section 621:7

    621:7 Bylaws. – The commissioner shall adopt and may amend bylaws for the governance of the center and for the management of its concerns, and shall prescribe in the bylaws the powers and duties of the persons connected with the center, in conformity with the rules of the department of personnel.

Source. 1913, 101:5. PL 399:5. RL 463:5. 1953, 205:1, par. 4. RSA 621:4. 1981, 539:3. 1983, 416:20. 1994, 81:3. 1995, 181:15, eff. July 1, 1995.

Section 621:8

    621:8 Fire Code Compliance. – The state fire marshal, with the assistance of the department of health and human services and the commissioner of the department of youth center development services, shall inspect all youth development facilities once every 6 months. In order to insure compliance with the fire safety rules which he is authorized to promulgate under RSA 153:5, the fire marshal shall assist the center administration in developing a plan to bring all center buildings into compliance with such rules.

Source. 1981, 539:3. 1983, 416:21. 1994, 81:3. 1995, 181:21, eff. July 1, 1995; 310:181, eff. Nov. 1, 1995.

Section 621:9

    621:9 Care of Children. – The department shall ensure that children sent to the center are properly accounted for and are provided with those services to which they are entitled by statute, the bylaws of the center, and other directives.

Source. 1913, 101:6. PL 399:6. RL 463:6. 1953, 205:1, par. 6. RSA 621:5. 1981, 539:3. 1983, 416:20. 1995, 181:20, eff. July 1, 1995.

Section 621:9-a

    621:9-a Extended Commitment at the Center. – Notwithstanding any provision of law to the contrary, a minor over whom the court has exercised jurisdiction pursuant to RSA 169-B:4, I or retained jurisdiction pursuant to RSA 169-B:4, V(c), may be committed or continue to be committed at the center pursuant to RSA 169-B:19, I(j) until the minor's eighteenth birthday.

Source. 2002, 170:5, eff. July 14, 2002.

Section 621:10

    621:10 Limits to Population at the Youth Development Center. –
I. No residential facility at or under the control of the youth development center shall exceed, for a period of more than 24 hours, Sundays and holidays excluded, the maximum capacity for the facility as fixed by a population oversight panel composed of the fire marshal, the commissioner of the department of health and human services, and the assistant commissioner of transportation.
II. The panel shall meet annually during the month of October to review or modify population limits for each residential facility controlled by the center. Minutes of annual meetings shall be kept for at least 7 years and shall be maintained by the commissioner. If new facilities are made available or existing facilities are modified, the panel shall convene to fix the population limit before any residential use is made of the new or modified facility. Population limits shall be supplied to the commissioner in letter form at the conclusion of each meeting.
III. Population limits fixed by the panel for each facility shall be prominently displayed in the administrative area of the center.
IV. When youth development center facilities used for detention approach maximum population capability as fixed by the panel, the district courts shall be notified by the commissioner or his agent so that the courts may determine alternatives to detention at the center. Courts shall be notified to consider other facilities when all space in the detention houses is assigned. Expenses arising from alternative detention shall be borne by the city or town in which the minor resides at the time the petition is filed or, if such place of residence cannot be determined, by the city or town in which the alleged offense occurred. Either city or town shall have a right of action for these expenses against the person chargeable by law for the minor's support and necessities. A court may make such order as to reimbursement as may be reasonable and just, based on the person's ability to pay.

Source. 1981, 539:3. 1983, 416:21. 1994, 81:3. 1995, 181:21, eff. July 1, 1995; 310:182, eff. Nov. 1, 1995.

Section 621:11

    621:11 Repealed by 1983, 416:37, V, eff. July 1, 1983. –

Section 621:12

    621:12 Department's Duties. –
I. The department shall have charge of the lands, buildings, furniture, tools, implements, stock, provisions, and other property of the center. The department shall keep, in suitable books, regular and complete accounts of all receipts and expenditures, and of the debts, credits, contracts and property of the center, showing its income and expenses. Such accounts shall be specific and contain the dates and amounts of all receipts, and the date, quantity, and price of every article purchased or procured. There is specifically excepted from the foregoing such accounts and accountability as the department of administrative services otherwise requires. The department shall be responsible for the organization of the center to effect the maximum in economy and efficiency, and shall be the appointing authority for employees of the center. The department shall have custody and charge of the children committed to their care and shall provide maintenance to those children detained at the center awaiting further court action.
II. The commissioner shall develop and periodically revise a juvenile section of the comprehensive plan for the state's correctional system required by RSA 21-H:8, X which shall contain the elements required by law to be addressed in that plan. The juvenile section shall be fully integrated into the overall plan provided for by RSA 21-H:8, X.
III. The commissioner shall provide a monthly report to the fiscal committee of the general court of the average daily census and the estimated monthly cost per resident at the Sununu youth services center, including those funds used from accounting units not directly associated with the Sununu youth services center.

Source. 1913, 101:12. PL 399:13. RL 463:13. 1953, 205:1, par. 7. RSA 621:7. 1981, 539:3. 1983, 416:54. 1995, 181:16, 20, eff. July 1, 1995. 2018, 355:6, eff. July 2, 2018.

Section 621:13

    621:13 Repealed by 1983, 416:37, VI, eff. July 1, 1983. –

Section 621:14

    621:14 Repealed by 1983, 416:37, VII, eff. July 1, 1983. –

Section 621:15

    621:15 Records of Children Committed or Detained. – The commissioner shall cause accurate records to be kept which shall contain, as a minimum, the child's name, address, age, parents' or guardians' names and addresses, commitment documents, and such other data as may be appropriate. The commissioner shall issue directives to ensure compliance with state and federal privacy laws and regulations.

Source. 1913, 101:13. PL 399:14. RL 463:14. 1953, 205:1, par. 9. RSA 621:10. 1981, 539:3. 1983, 416:21. 1994, 81:3. 1995, 181:21, eff. July 1, 1995.

Section 621:16

    621:16 Erroneous Committal Elsewhere. – If a child shall be committed by error of any court to a correctional institution other than the center, the commissioner, the county attorney, the minor, or any person interested in the minor may apply to a justice of the superior court for an order for the commitment of the minor to the center for the term of minority, and the justice shall issue a new mittimus accordingly.

Source. 1913, 101:17. PL 399:18. RL 463:18. 1953, 205:1, par. 12. RSA 621:13. 1965, 256:8. 1973, 72:46. 1981, 539:3. 1983, 416:15. 1995, 181:19, eff. July 1, 1995.

Section 621:17

    621:17 Committal by the United States. – The department may receive and maintain juvenile offenders sent to the center by virtue of any act of the Congress of the United States for such reasonable compensation as may be agreed upon with the United States authorities. The commissioner shall receive, detain, and treat these offenders as if they had been detained or committed by a juvenile proceeding in a New Hampshire court, except that no such juvenile shall be released to parole or furlough without approval of the United States authorities.

Source. 1913, 101:19. PL 399:20. RL 463:20. 1953, 205:1, par. 14. RSA 621:15. 1981, 539:3. 1983, 416:20, 21. 1994, 81:3. 1995, 181:20, 21, eff. July 1, 1995.

Section 621:18

    621:18 Detention. – Children detained at the center under RSA 169-B shall not be subject to the provisions of this chapter relative to release, administrative release to parole, parole, and discharge, but shall be subject to the transfer provided for incorrigibles until the court disposes of their cases.

Source. 1913, 101:20. PL 399:21. RL 463:21. 1953, 205:1, par. 15. RSA 621:16. 1981, 539:3, eff. June 30, 1981.

Section 621:19

    621:19 Releases and Discharges. –
I. The board may release any child committed to its care on administrative release to parole or parole, not to exceed the minority of the child, but no release shall be effective until provisions have been made for the proper care of the released child.
I-a. The board shall release, pursuant to paragraph I, any child committed to its care for a delinquency adjudication based on an offense other than a violent crime as defined in RSA 169-B:35-a no later than 6 months from the date of the child's commitment pursuant to RSA 169-B:19, I(j), unless the board determines that continued commitment is necessary in order to protect the safety of the child or the community, and in such case declines to release the child. Such release shall occur no later than 3 months from the date of the child's commitment if the offense would be a misdemeanor if committed by an adult. If the board declines to release a child pursuant to this paragraph, it shall provide written notice to the child of his or her right to seek review of the board's decision, of his or her right to the assistance of counsel during the review process, and of the procedure the child may follow to initiate such a review. If the board declines to release a child pursuant to this paragraph, it shall consider the child for release no later than 2 months after its initial decision, and every 2 months thereafter until the child is released. If the board declines to release a child pursuant to this paragraph on a second or subsequent occasion, it shall notify the court that committed the child, and the court shall appoint counsel in each such case to assist the child in filing a petition pursuant to paragraph I-b. Parole review and release under this paragraph are not required during the period that a child is the subject of a delinquency petition which is awaiting adjudication or disposition.
I-b. Any child denied parole under this section may petition the court that committed the child to order the child released on parole. Upon receipt of the petition, the court shall schedule the matter for hearing within 15 business days. At a hearing on the petition, the child shall be entitled to the assistance of counsel. At a hearing on the petition, the court shall consider the findings of the juvenile parole board, the offense and placement history of the child, and the need for continued commitment in order to protect the safety of the child or the community. Unless the court, after a hearing, finds by clear and convincing evidence that continued commitment is necessary in order to protect the safety of the child or the community, the court shall order that the child be released by the board on parole and take such further action the court may deem appropriate.
I-c. The right to counsel provided for in this section shall not be waived except following consultation between the child and a parent or counsel. Consultation between a child and parent is not sufficient to support waiver under this section if the parent was a victim or complainant in the underlying proceeding or has been a witness or provided information in support of the basis for revocation in a parole revocation proceeding involving the child. Children known to the department of health and human services or the court to have an emotional disorder, intellectual disability, or any other condition which may be expected to interfere with the child's ability to understand the proceedings, make decisions, or otherwise handle the proceedings without the assistance of counsel shall not waive the right to counsel guaranteed by this section.
II. Any child may be discharged by the board whenever it finds the discharge to be in the best interest of the child and of the state. Every discharge shall be in writing and shall be a full release from all the penalties and disabilities created by the commitment and may be in such terms of commendation as the child deserves.
III. To facilitate the implementation of this section, discharge plans from the center shall be developed as early in the commitment as practicable, and in the case of children to which paragraph I-a applies, shall be designed to prepare those children for release no later than 6 months from the date of their commitments. Discharge plans shall be updated throughout the commitment as needed.
III-a. In every case in which there is a diagnosis or other evidence that a minor at the center may have a serious emotional disturbance or other behavioral health disorder, the center shall, with the consent of the minor and the minor's family, refer the minor to a care management entity, as defined in RSA 135-F:4, III, for evaluation and recommendations for behavioral health services to be coordinated and supervised by that entity before and after discharge from the facility. Such referral shall be made upon the minor's confinement at the center and, in no event, later than 7 days after the confinement begins. Discharge plans shall incorporate the recommendations of the care management entity whenever appropriate. In any case where the recommendations of the care management entity are not incorporated into the discharge planning process, the minor, the minor's family, and counsel for the minor shall be notified in writing of the decision and of the basis for the decision.
IV. The department shall review, on a quarterly basis, the case of every child committed to the Sununu youth services center who is not a serious violent offender to determine if the child can safely be placed outside the Sununu youth services center. The department shall petition the court to modify the disposition of those cases in which a safe placement outside of the Sununu youth services center is possible. In this paragraph, "serious violent offender" means an offender adjudicated for a violent crime as defined in RSA 169-B:35-a, I(c) or any other felony which has as an element the actual or attempted infliction of injury upon another person within the previous 2 years or adjudicated for an offense within the last year that created a substantial risk of serious bodily injury to another.

Source. 1913, 101:21. PL 399:22, 23. RL 463:22, 23. 1953, 205:1, par. 16. RSA 621:17. 1981, 539:3. 1983, 416:16, eff. July 1, 1983. 2013, 249:20, eff. Sept. 22, 2013. 2014, 215:22, eff. July 11, 2014. 2015, 260:2, eff. Sept. 18, 2015. 2017, 156:163, 164, eff. Jan. 1, 2018. 2019, 44:18, eff. Aug. 2, 2019; 346:346, eff. July 1, 2019. 2020, 26:50, eff. Sept. 18, 2020.

Section 621:20

    621:20 Contract for Board. – The department may contract to pay the board of a released child when the child, because of age or other conditions, is unable to earn board and no proper place may be found for him or her without payment of board.

Source. 1913, 101:22. PL 399:24. RL 463:24. 1953, 205:1, par. 17. RSA 621:18. 1981, 539:3. 1983, 416:20. 1995, 181:20, eff. July 1, 1995.

Section 621:21

    621:21 Payment of Board. – Payments of board shall be charged to the expenses of the center as if they were payments for boarding, instructing, and disciplining the child at the center, with a right of recovery against the legally liable unit in accordance with RSA 169-B:40 and RSA 621:31.

Source. 1913, 101:22. PL 399:25. RL 463:25. 1953, 205:1, par. 18. RSA 621:19. 1981, 539:3, eff. June 30, 1981.

Section 621:22

    621:22 Children in Residential Care. – Notwithstanding the provisions of any other statute, whenever the department releases a child and contracts for the child's residential care in a facility which has been approved by the department of health and human services, payment for the care shall be charged in accordance with RSA 169-B:40 and RSA 621:31.

Source. 1967, 174:1. 1981, 539:3. 1983, 291:1; 416:20. 1995, 181:20, eff. July 1, 1995.

Section 621:23

    621:23 Religious Preference. – In all questions of release, the department shall investigate the religious and moral character of those into whose custody a released child is placed.

Source. 1913, 101:24. PL 399:27. RL 463:27. 1953, 205:1, par. 19. RSA 621:20. 1981, 539:3. 1983, 416:20. 1995, 181:20, eff. July 1, 1995.

Section 621:24

    621:24 Effect of Release. – No administrative release or parole of a child shall operate as a discharge of the child from the center. The department shall continue to have control of children on administrative release to parole or parole until they reach the age of 18 years, and the control conferred by the department upon others shall be conferred upon them as agents of the department, except where a child is discharged under RSA 621:19.

Source. 1913, 101:25. PL 399:28. RL 463:28. 1953, 205:1, par. 20. RSA 621:21. 1973, 72:42. 1981, 539:3. 1983, 416:20. 1995, 181:20, eff. July 1, 1995; 308:117, eff. Jan. 1, 1996. 2002, 170:6, eff. July 14, 2002. 2014, 215:18, eff. July 1, 2015.

Section 621:25

    621:25 Remands and Changes in Conditions of Release. –
The board or the commissioner, subject to the approval of the board, may modify or cancel any arrangements or conditions relative to release, other than discharge of a child, or may order a child remanded to the center, until the child reaches the age of 18 years or is discharged under RSA 621:19. Under the direction of the board and subject to rules adopted by the commissioner the department shall:
I. Seek out proper places for children who are qualified for administrative release to parole or parole and keep in contact with these children after they are so released;
II. Make reports of its activities to the board when so required. When the department deems it to be in the best interest of a child on administrative release to parole or parole to be placed under different conditions, it shall report the case fully to the board, together with its recommendations, and the board shall act on the case in whatever manner seems to them to be in the best interests of the child; and
III. Remand children to the center with the same power and authority as provided to the board or under such terms and conditions as the board may prescribe.

Source. 1913, 101:25. PL 399:29. RL 463:29. 1953, 205:1, par. 21. RSA 621:22. 1973, 72:43. 1981, 539:3. 1983, 416:17. 1995, 181:19, 20, eff. July 1, 1995; 308:117, eff. Jan. 1, 1996. 2002, 170:6, eff. July 14, 2002. 2014, 215:18, eff. July 1, 2015.

Section 621:26

    621:26 Discharge by Superior Court. – A minor erroneously committed to the center may be discharged by a justice of the superior court, upon petition of the county attorney or a selectman of the town or mayor of the city in which the minor resides, when continued commitment is unnecessary. Upon petition to the superior court by the division or the board, the court may review the case of a child, modify or amend the order of commitment, or order the release of the child.

Source. 1913, 183:1. PL 399:31. RL 463:31. 1953, 205:1, par. 22. RSA 621:23. 1981, 539:3. 1983, 416:18, eff. July 1, 1983.

Section 621:27

    621:27 Incorrigibles. –
I. If a minor committed or detained at the center shall be found by the department to be incorrigible and dangerous to the discipline of the center, the department may order the minor to be transferred and committed to another institution with facilities for minors for a time not exceeding the time when the commitment to the center expires.
II. The department shall cause an attested copy of its order to be served on the minor and his or her father or mother or guardian, or other person standing in loco parentis, either personally or by certified mail. No defect or insufficiency in the service of the copy shall invalidate the order of transfer and commitment. The minor, or any interested person in the minor's behalf, may, within 30 days from the entry of the order, petition the superior court or any justice of the superior court for a review of the findings and order of transfer and commitment to determine whether the order was justified. The court or justice shall immediately fix a time and place for hearing and make such orders relative to the giving of notice of the hearing as may be proper and, upon hearing all relevant evidence, an order shall be entered as justice may require.
III. The minor may be transferred to any institution upon payment by the center of a reasonable sum for the minor's care and maintenance, and for such time, not exceeding the minority, as the department may determine. The center shall have the right of recovery in accordance with RSA 169-B:40 and RSA 621:31.

Source. 1913, 101:30. PL 399:37. RL 463:37. 1953, 205:1, pars. 23, 24. RSA 621:24, 25. 1963, 172:1. 1981, 539:3. 1983, 416:20. 1995, 181:20, eff. July 1, 1995.

Section 621:28

    621:28 Modification of Transfer. – The terms and condition of transfer and commitment of a child pursuant to RSA 621:27 may be modified at the discretion of the department, as with released children.

Source. 1913, 101:30. PL 399:39. RL 463:39. 1953, 205:1, par. 25. RSA 621:26. 1981, 539:3. 1983, 416:20. 1995, 181:20, eff. July 1, 1995.

Section 621:29

    621:29 Orders. – A written order of the commissioner shall authorize the keeper of any state, county, city, or town facility to receive and keep, or to discharge into the keeping of an employee of the center, any child transferred pursuant to RSA 621:27.

Source. 1913, 101:30. PL 399:40. RL 463:40. 1953, 205:1, par. 26. RSA 621:27. 1981, 539:3. 1983, 416:21. 1994, 81:3. 1995, 181:21, eff. July 1, 1995.

Section 621:30

    621:30 Children's Funds. –
Accounts shall be established to administer the following funds:
I. The children's benefit fund, a budgetary line item, shall be used for allowances to residents, payment to residents for their services, funding for resident projects, and other expenditures directly benefiting the residents as determined by the commissioner.
II. (a) Except as provided in subparagraph II(b), the personal funds of residents in their possession while at the center shall be transferred to and held in trust by the commissioner in a pooled account kept in approved facilities in accordance with the manual of procedures of the department of administrative services. Notwithstanding RSA 6:11 or any other provision of law, any interest on such pooled account:
(1) Accrued prior to July 1, 1994, shall be appropriated to the department and shall be expended only for the direct benefit of the residents.
(2) Accruing after July 1, 1994, shall be the property of the individual residents as determined by the commissioner.
(b) Residents who receive social security benefits or veterans administration benefits, who are receiving regular income from sources other than the resident's own labor, or whose personal funds in their possession while at the center total more than $200, shall have individual bank accounts established, to be administered for the residents by the commissioner. Notwithstanding RSA 6:11 or any other provision of law, the interest accrued or accruing on such individual accounts shall be the property of the individual resident.
III. The special projects fund shall consist of moneys from gifts, bequests, and miscellaneous contributions and shall be administered by the commissioner for the direct benefit of residents or in accordance with donor instructions. Notwithstanding RSA 6:11 or any other provision of law and unless otherwise prohibited by donor instructions, any interest accrued or accruing on the special project fund shall be continually appropriated to the department and shall be expended only for the direct benefit of the residents.
IV. Trust funds shall be administered separately and held in the state treasury, with the state treasurer designated as custodian.
V. In addition to the accounts described in paragraphs II and III of this section, the commissioner may establish such other accounts for the deposit of residents' personal funds, proceeds of program activities, donations, and other miscellaneous contributions or moneys as are necessary to meet the needs of the center. Such accounts shall be kept in approved facilities in accordance with the manual of procedures of the department of administrative services. Notwithstanding RSA 6:11 or any other provision of law, any interest accrued or accruing on such accounts shall be continually appropriated to the department and shall be expended only for the direct benefit of the residents, except that the interest accrued or accruing on such accounts established with the personal funds of residents shall be the property of the individual residents as determined by the commissioner.

Source. 1929, 19:1. RL 463:42, 43. 1953, 205:1, pars. 27, 28. RSA 621:28, 29. 1981, 539:3. 1983, 416:21. 1985, 399:3, II. 1994, 81:1-3. 1995, 181:20, 21, eff. July 1, 1995.

Section 621:31

    621:31 Parents or Estate of Child to Contribute to Costs. –
I. If it appears that the parent or estate of a child who is subject to the provisions of this chapter is able to contribute to the support of the child, the court may enter an order requiring the parent, guardian, or executor of the child's estate to pay a reasonable sum toward the support, education, or maintenance of the child.
II. The order of the court shall direct the money to be paid to the probation department serving that court for disbursement to the state of New Hampshire general fund, from which it shall be further disbursed to the New Hampshire youth development center, upon its request.
III. On application and on such notice as the court may direct, the court may make modifications in the requirement for contribution as justice may require. The court may require security for payment of sums due and shall have the power of a court of equity to enforce its orders. Failure of the parent, guardian, or executor to comply with the orders of the court shall constitute prima facie evidence of contempt of court and shall be admissible as evidence in contempt proceedings.

Source. 1981, 539:3, eff. June 30, 1981.

Section 621:32

    621:32 Contraband. – No person shall have in his or her possession, with the intent to deliver or otherwise convey to any child committed to or detained at the center, any article contrary to the rules of the center. No person shall deposit or conceal any such item in or about the center, in any building or vehicle, or on any land adjacent to the center, with the intent that a resident of the center shall receive it. No person shall convey out of the center any article contrary to the rules of the center. A person who violates this section shall be guilty of a class B felony.

Source. 1981, 539:3, eff. June 30, 1981.

Section 621:33

    621:33 Authority to Apprehend. –
Certain employees of the department who satisfactorily complete a prescribed course of instruction and are certified by the commissioner shall be designated as ex officio constables to possess general police powers, including the power of arrest, but limited as follows:
I. These powers shall extend to employees only during the period of duty with the department.
II. These powers shall extend only to property controlled by the department with 3 exceptions:
(a) When an employee is in hot pursuit of a person who has committed a crime while on grounds, in buildings, or in vehicles controlled by the department;
(b) When an on duty employee observes a child whom the employee knows has escaped from the department or failed to return from furlough, or who is in violation of the terms of parole; or
(c) When an employee is transporting a detained or committed child to another location.

Source. 1981, 539:3. 1983, 416:21. 1994, 81:3. 1999, 219:13, eff. July 6, 1999.

Section 621:34

    621:34 Reimbursement for Transportation Costs. – When a child who is committed to the center escapes or is in violation of the parole agreement by being absent from placement, and is apprehended at a distance from the center requiring expenditure of funds for transportation to the center, the commissioner may petition a court having jurisdiction to conduct a hearing under RSA 621:31 to assess reimbursement for travel expenses.

Source. 1981, 539:3. 1983, 416:21. 1994, 81:3. 1995, 181:21, eff. July 1, 1995.

Section 621:35

    621:35 Repealed by 1999, 219:17, II, eff. July 6, 1999. –

Section 621:36

    621:36 Service of Adult Sentence of Incarceration at the Youth Development Center. – Notwithstanding any provision of law or rule to the contrary, the department may accept any youthful offender who is transferred to the youth development center pursuant to RSA 651:17-a for service of his or her adult sentence of incarceration until the youth reaches the age of 18.

Source. 2016, 303:3, eff. July 1, 2016.