CHAPTER Juv 100
ORGANIZATIONAL RULES
REVISION NOTE:
Document
#7842, effective 3-6-03, contains organizational rules Juv 100 of the Juvenile
Parole Board.
The
prior filings of the Juvenile Parole Board containing organizational rules include
the following documents:
#2971,
effective 1-28-85, containing Ju 100 through Ju 400
#4431,
EMERGENCY, effective 6-2-88, containing Ju 100 through Ju 600, EXPIRED 8-31-88
#2971,
effective again 8-31-88, pursuant to 1988, 173:5, and EXPIRED 1-28-91
PART Juv 101 PURPOSE
Statutory Authority: RSA 170-H: 4, III
Juv
101.01 Purpose.
(a) These rules describe the procedures to be
followed by the department of health and human services, the division for juvenile
justice services, the juvenile parole board, and the hearing officer to:
(1)
Place juveniles committed to the custody of the department of health and
human services pursuant to RSA 169-B:19, I on parole;
(2) Return
juveniles placed on parole to the Sununu youth services center; and
(3)
Revoke the parole of a juvenile placed on parole.
(b) These rules describe the conditions for the
conduct of juvenile parolees as established by the juvenile parole board.
(c) These rules describe the procedures for
parole hearings, preliminary hearings, and revocation hearings as well as
motions to reconsider.
Source.
(See Revision Note at chapter heading for Juv 100) #7842, eff 3-6-03; amd by #10008-A, eff 9-30-11
PART Juv 102 DEFINITIONS
Juv
102.01 Definitions.
(a) “Administrative release to parole” means
“administrative release to parole” as defined in RSA 170-H:2, I, namely "an
administrative procedure to provide a period of community adjustment before
parole status is granted."
(b) "Board" means the juvenile parole
board created pursuant to RSA 170-H.
(c) "Chairman" means the chairman of
the board.
(d) "Commissioner" means the
commissioner of the department of health and human services or designee.
(e) "Committed juvenile" means a person
under the age of 17, unless jurisdiction exists or has been extended beyond age
17 pursuant to RSA 169-B:4, who has been committed to the custody of the
department of health and human services pursuant to RSA 169-B:19,I(j).
(f) “Department” means the department of health
and human services (DHHS).
(g) “Division” means the division for juvenile
justice services (DJJS), of DHHS.
(h) "Hearings" means collectively
parole hearing, preliminary hearing and revocation hearing.
(i) "Hearing officer" means a neutral
and detached individual designated by the board to conduct preliminary
hearings.
(j) "Juvenile Probation and Parole Officer
(JPPO)" means DHHS juvenile probation and parole officers who are
responsible for investigating and supervising juveniles referred to DHHS
pursuant to RSA 169-B and RSA 169-D, including those juvenile probation and
parole assistants who have the responsibility for supervising committed
juveniles.
(k) "Juvenile" means a person under the
age of 17 unless jurisdiction exists or has been extended beyond age 17
pursuant to RSA 169-B:4
(l) "Juvenile parolee" means a committed
juvenile who has been paroled by the board.
(m) "Member" means a member of the
board.
(n) "Parole hearing" means the
proceeding conducted by the board to determine whether to parole a committed
juvenile.
(o) "Preliminary hearing" means the
proceeding conducted by a hearing officer to determine if there is probable
cause to believe that there is a violation of a juvenile parolee's conditions
of parole which warrants a parole revocation hearing.
(p) “Presiding officer” means, for purposes of
conducting parole hearings or revocation hearings, the chairman of the board or
a designated member.
(q) "Revocation hearing" means the
proceeding conducted by the board to determine whether to revoke the parole of
a juvenile parolee.
(r) “Sununu youth services center (SYSC)” means
the architecturally secure juvenile facility in
Source.
(See Revision Note at chapter heading for Juv 100) #7842, eff 3-6-03; amd by #10008-A, eff 9-30-11
PART Juv 103 ORGANIZATION OF BOARD
Juv
103.01 Juvenile Parole Board.
(a) The board is comprised of 5 members appointed
by the governor and approved by the executive council for staggered terms of 5
years or until their successors are appointed.
(b) The board shall meet to hold hearings at
least 12 times per year or more often as necessary to conform with statutory
and due process requirements.
(c) The quorum shall be 3 members.
(d) The board shall be administratively attached
to DHHS pursuant to RSA 170‑H:13.
(e) The chairman shall be designated by the
governor pursuant to RSA 170‑H:5.
(f) The chairman shall:
(1)
Designate one other member to serve as chairman in his/her absence;
(2)
Individually swear in all parties and witnesses who testify at board
hearings;
(3)
Preside at all proceedings of the board;
(4)
Order and direct the course of all proceedings of the board;
(5)
Be responsible for the creation and maintenance of the record of all
hearings; and
(6)
Prepare written decisions as required by RSA 541-A:35.
Source.
(See Revision Note at chapter heading for Juv 100) #7842, eff 3-6-03
PART Juv 104 COPIES OF RECORDS
Juv
104.01 Juvenile Parole Board.
(a) Persons desiring copies of board records shall
submit a written request which identifies as specifically as possible the
information being sought and which agrees to pay a fee of $0.25 per copy to
cover the costs of the photocopying and mailing of the requested records.
(b) If records are requested which contain both
public information and information from juvenile case records that is
confidential pursuant to RSA 170-G:8-a, the board shall delete the confidential
information prior to sending the information to the requester.
Source.
(See Revision Note at chapter heading for Juv 100) #7842, eff 3-6-03; amd by #10008-A, eff 9-30-11
PART Juv 105 LOCATION OF JUVENILE PAROLE BOARD
Juv
105.01 Mailing Address and Telephone
Number.
(a) The board’s office shall be located at:
The
(b) The board’s telephone number shall be (603)
625-5471.
Source.
(See Revision Note at chapter heading for Juv 100) #7842, eff 3-6-03; amd by #10008-A, eff 9-30-11
CHAPTER Juv 200 PRACTICE AND PROCEDURE
REVISION NOTE:
Document
#7843-A and Document #7843-B, effective 3-6-03, contain rules in Juv 200 of the
Juvenile Parole Board relative to practice and procedure.
The
prior filings of the Juvenile Parole Board containing rules relative to
practice and procedure include the following documents:
#2971,
effective 1-28-85, containing Ju 100 through Ju 400
#4431,
EMERGENCY, effective 6-2-88, containing Ju 100 through Ju 600 EXPIRED 8-31-88
#2971,
effective again 8-31-88, pursuant to 1988, 173:5, and EXPIRED 1-28-91
PART Juv 201 PROCEDURES AND REQUIREMENTS FOR HEARINGS
Statutory Authority: RSA 170-H: 4, III
Juv
201.01 General Provisions Related to
Conduct of Hearings.
(a) The presiding officer of the board shall
conduct parole hearings and revocation hearings.
(b) The hearing officer shall conduct preliminary
hearings.
(c) The board and the hearing officer shall have
access to all records of DHHS concerning committed juveniles.
(d) All hearings of the board shall be
electronically recorded except deliberations conducted in non-public sessions.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
201.02 Computation of Time.
(a) Unless otherwise specified, all time periods
referenced in this chapter shall be calendar days.
(b) Computation of any period of time referred to
in Juv 200 shall begin with the day after the action which sets the time period
in motion, and shall include the last day of the period so computed.
(c) If the last day of the period so computed
falls on a Saturday, Sunday or legal holiday, then the time period shall be
extended to include the first business day following the Saturday, Sunday or
legal holiday.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
201.03 Appearances and Representation.
(a) A party’s representative shall file an
appearance that includes the following:
(1)
A brief identification of the matter;
(2)
A statement as to whether or not the representative is an attorney and
if so, whether the attorney is licensed to practice in
(3)
The party or representative’s daytime address and telephone number.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
201.04 Requests for Information or
Documents.
(a) The information submitted to the board
pursuant to Juv 202.01(d) shall be available for review by the parties in a file
maintained at the office of the board located at SYSC.
(b) Any information or documents submitted to the
board for consideration at a parole or revocation hearing shall be submitted at
least 5 business days before the date of the hearing and shall be available for
review by the parties in a file maintained at the office of the board located
at SYSC.
(c) Any information or documents submitted to the
hearing officer for consideration at a preliminary hearing shall be available
for review by the parties at the hearing in a file maintained at the office of
the board located at SYSC.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03; amd by #10008-A, eff 9-30-11
Juv
201.05 Filing and Service of
Documents.
(a) Documents shall be considered filed when they
are received by the board or the hearing officer.
(b) All documents filed with the board or the
hearing officer shall be served on all parties either by hand-delivery or by
first class
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
201.06 Withdrawal of Hearing Officer
or Board Member.
(a)
Upon a hearing officer's or board
member's own motion, or upon the motion or request of any party, a hearing
officer or board member shall, for good cause or to avoid the appearance of
impropriety or lack of impartiality, withdraw from any hearing governed by this
chapter.
(b)
Good cause shall exist if a hearing officer or board member has a direct
interest in the outcome of the hearing or any connection with or knowledge of
the parties that would be likely to influence his or her judgment.
(c) The mere fact that the hearing officer is an
employee of the department shall not be considered grounds for withdrawal from
any hearing.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
201.07 Continuances.
(a) The board shall grant a continuance only for
good cause.
(b) Good cause shall exist when a witness,
representative or party is unavailable to attend the hearing due to reasons
beyond his or her control.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
201.08 Intervention.
(a) A non-party may intervene in a matter pending
before the board under the provisions of RSA 541-A:32, by filing a motion
stating facts demonstrating that the non-party qualifies as an intervenor under
any provision of law.
(b) If the presiding officer determines that such
intervention would be in the interests of justice and would not impair the orderly
and prompt conduct of the hearing, he or she shall grant the motion for
intervention.
(c) Participation by intervenors shall be limited
to that which is necessary to protect the interest identified in the petition
for intervention.
(d) Petitions for intervention shall be filed any
time after commencement of a proceeding, and state:
(1)
The petitioner’s interest in the subject matter of the hearing;
(2)
Whether the petitioner appears in support of the complainant, or the respondent,
as well as for his or her own interest;
(3)
Why the interests of the parties and orderly and prompt conduct of the
proceeding would not be impaired; and
(4)
Any other reasons why the petitioner should be permitted to intervene.
(e) Petitions for intervention shall be granted
if the petitioner has an interest in the proceeding and has clearly stated this
interest.
(f) A person filing a complaint that becomes the
subject of a disciplinary hearing shall be served with the hearing notice and
notified of the right to intervene in the proceeding.
(g) Once granted leave to intervene, intervenors
shall take the proceeding as they find it and no portion of the proceeding
shall be repeated because of the fact of intervention.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
201.09 Hearings Closed to Public.
(a) Hearings shall not be open to the public,
pursuant to RSA 169-B:34 and 35 and RSA 170-G:8-a.
(b) The hearing officer or presiding officer
shall exclude witnesses from the hearing room when they are not testifying if
the presence of the witness in the hearing room will jeopardize the credibility
of the witness.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
201.10 Evidence.
(a) Receipt of evidence shall be governed by the
provisions of RSA 541-A:33.
(b) All documents, materials and objects offered
in evidence as exhibits shall be included in the record of the hearing unless
excluded by the hearing officer or presiding officer as irrelevant, immaterial,
unduly repetitious or legally privileged.
(c) All objections by a party to a ruling made by
the hearing officer or presiding officer regarding evidence or procedure shall
be made during the hearing and shall include the grounds for the objection.
(d) Upon motion by a member, the board shall meet
in non-public session to consider motions presented to it or to deliberate its
decision, during which time the hearing shall be in recess.
(e) The board shall come out of non-public
session and make its ruling with respect to such motions.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
201.11 Closing the Record.
(a) After the conclusion of the hearing, no other
evidence, testimony, exhibits, or arguments shall be allowed into the record,
except as allowed under (b) below.
(b) Prior to the conclusion of the hearing a
party may request that the record be left open for a specified period of time
to accommodate the filing of evidence, exhibits or arguments concerning matters
which were not available at the time of the hearing.
(c) If the other parties to the hearing do not
object, or if the hearing officer or presiding officer determines that such evidence,
exhibits or arguments are necessary to making a determination, the hearing
officer or presiding officer shall designate a specific time period for the
record to remain open to receive the evidence, exhibits or arguments.
(d) The party filing such additional evidence,
exhibits or arguments shall also deliver or send copies of all items filed to
all other parties of record.
(e) If any other party to the hearing requests
time to respond to the evidence, exhibits or arguments submitted, the hearing
officer or presiding officer shall set a specific time period following filing
of the material for the filing of a response.
(f) If any other party to the hearing requests
the opportunity to cross-examine on the additional evidence or exhibits submitted,
the hearing officer or presiding officer shall set a date and time for a
hearing at which cross-examination on the additional evidence or exhibits
submitted shall be allowed, when the hearing officer or presiding officer
determines that cross-examination on the additional material is required for a
full and true disclosure of the facts.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
201.12 Reopening the Record.
(a)
At any time prior to the issuance of the decision on the merits, the
hearing or presiding officer on the hearing or presiding officer’s own motion
or on the motion of any party, shall re-open the record to receive relevant,
non‑duplicative testimony, evidence, arguments or exhibits not previously
received, if the hearing or presiding officer determines that such testimony,
evidence, arguments or exhibits are necessary to a full consideration of the
issues being considered in the hearing.
(b) Requests to reopen the record made after one
or more parties have left the hearing shall be made in writing.
(c) The hearing officer or presiding officer
shall give written notice of such further proceedings if the parties are no
longer present.
(d) The hearing officer or presiding officer
shall also set a time within which other parties may respond to or rebut the
items made part of the record under this section.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
201.13 Decisions.
(a) A decision shall be made only after full
consideration of the record, except that a decision shall be made on a motion
to dismiss based upon the documents and affidavits submitted with such motion
and any objection thereto.
(b) A decision shall be issued in writing or
stated in the record in accordance with RSA 541-A:35.
(c) The decision of the board to parole a
committed juvenile or to revoke the parole of a juvenile parolee shall be made
in writing by majority vote of the quorum present and voting and sent to all
parties to the proceedings.
(d) Juvenile parole records shall be kept by the
board on each juvenile who appears before it.
(e) The juvenile parole record shall consist of:
(1)
All hearing notices;
(2)
Pleadings and motions submitted to the board and the hearing officer;
and
(3)
Any other documents accepted into the record, the electronic recording of
the hearing, and any orders or decisions of the board and the hearing officer.
(f) The presiding officer and the hearing
officer, in their respective roles, shall inform parties that, upon written
request to the board, they shall receive a copy of the electronic recording of
the hearing. A transcript shall be made
at the expense of the party requesting the transcript. DJJS shall be
responsible for the preparation of a written transcript of the electronic
recording of a hearing.
(g) The juvenile parole record shall be
maintained by the board until the juvenile is discharged from the SYSC,
thereupon the juvenile parole record shall be placed in the juvenile's SYSC
record.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03; amd by #10008-A, eff 9-30-11
Juv
201.14 Waiver or Suspension of Rules
by Board or Hearing Officer.
(a) The presiding officer or the hearing officer,
in their respective roles, upon their own initiative or upon the motion of any
party, shall suspend or waive any requirement or limitation imposed by this
chapter upon reasonable notice to affected persons when the proposed waiver or
suspension appears to be lawful and would be more likely to promote the fair,
accurate and efficient resolution of issues pending before the board or agency
than would adherence to a particular rule or procedure.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
PART Juv 202 PROVISIONS SPECIFIC TO PAROLE HEARINGS
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.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
202.02 Preliminary Hearing After
Return of Parolee.
(a) A preliminary hearing conducted by a hearing
officer shall be held as promptly as possible after the juvenile parolee is
returned pursuant to RSA 170-H:8, to the SYSC.
(b) If the juvenile parolee is not returned to
SYSC following the alleged violation of parole, a preliminary hearing shall be
held if requested by the JPPO.
(c) Prior to the preliminary hearing, the JPPO
shall provide the juvenile with a copy of the JPPO's violation report on the
juvenile parolee.
(d) The JPPO shall notify the juvenile parolee
and the juvenile's parent(s) or legal guardian(s) of the date, time and the
location of the preliminary hearing.
(e) The preliminary hearing shall be conducted by
the hearing officer in accordance with these rules.
(f) The JPPO shall provide the hearing officer
with a copy of the juvenile parolee's conditions of parole and indicate which
condition(s) of parole have been violated.
(g) The JPPO shall have the burden at a
preliminary hearing to show that there is probable cause to believe that the
juvenile parolee violated the conditions of parole.
(h) If, after proper notice, the juvenile fails
to appear for the preliminary hearing, the hearing shall go forward in the
juvenile's absence.
(i) The hearing officer shall determine whether
there is probable cause to believe that there is a violation of the juvenile parolee's
conditions of parole which warrants a parole revocation hearing.
(j) If probable cause is found, the hearing
officer shall prepare a written decision, including findings of fact and the
reasons for finding probable cause.
(k) If probable cause is not found, the hearing
officer shall prepare a written decision, including findings of fact and the
reasons that no probable cause was found.
(l) Upon a finding of no probable cause, the
juvenile shall be released by SYSC and remain subject to the conditions of
parole established by the board.
(m) A copy of the decision shall be provided to
the juvenile, the juvenile’s parent(s) or legal guardian(s), the juvenile’s
JPPO and the commissioner.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03; amd by #10008-A, eff 9-30-11
Juv
202.03 Revocation Hearing.
(a) Any juvenile parolee returned to the SYSC
under the provisions of RSA 170-H:8 for whom a finding of probable cause has
been made pursuant to Juv 202.02(i) shall have a revocation hearing within 10
business days of his/her return.
(b) Any juvenile parolee who is not returned to
the SYSC but whose preliminary hearing results in a finding of probable cause
to believe there is a violation of the juvenile's conditions of parole which
warrants a revocation hearing, shall have a revocation hearing within 21 days
of the date of the preliminary hearing.
(c)
Notice of the revocation hearing shall be given to the parties at the
time of the preliminary hearing, which shall be not less than 3 business days
prior to the date of the revocation hearing.
If a juvenile is returned to
SYSC, and the timing of that return renders it impossible to hold a preliminary
hearing 3 days before a meeting of the board is scheduled to occur, a
preliminary hearing need not be held and the juvenile shall instead be brought
before the board at that meeting.
(d) The notice shall include:
(1)
The name and birth date of the juvenile;
(2)
The date and time of the revocation hearing;
(3)
The location of the revocation hearing;
(4)
A statement of the conditions of parole alleged to have been violated;
(5)
A statement of the legal authority under which the hearing is to be
held;
(6)
A reference to the particular section of the statutes and rules
involved; and
(7)
A copy of the decision of the hearing officer from the preliminary
hearing.
(e) The JPPO shall have the burden to show by a
preponderance of the evidence that the juvenile parolee violated his/her
conditions of parole.
(f) Pursuant to RSA 170‑H:10 the juvenile
parolee shall have the right to appear and be heard at the revocation hearing.
(g) If the board finds, by a preponderance of the
evidence, that the juvenile parolee has violated the conditions of his/her
parole, the board shall revoke the juvenile's parole unless:
(1) The JPPO
requests that parole not be revoked;
(2)
It is determined that further incarceration will be of no benefit; or
(3) There is
a reasonable probability that the juvenile will remain at liberty without
violating the conditions of parole.
(h) If the board decides to revoke parole, the
board shall prepare a written decision including the facts relied on and the
reasons for revoking parole.
(i) A copy of the decision shall be provided to
the juvenile, the juvenile's parent(s) or legal guardian(s), the JPPO and the
commissioner within 10 business days of the date of the revocation hearing.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03; amd by #10008-A, eff 9-30-11
PART Juv 203 MOTION FOR RECONSIDERATION
Juv.
203.01 Filing and Content of Motion.
(a) A motion for reconsideration shall be filed
within 10 days of the date of the agency decision or order.
(b) A motion for reconsideration shall:
(1) Identify
each area of fact, error of reasoning, or error of law which the moving party
wishes to have reconsidered;
(2)
Concisely state the factual finding,
reasoning or legal conclusion urged by the moving party; and
(3) Include
any memorandum of law the moving party wishes
to file.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv.
203.02 Standard for Granting Motion
for Reconsideration. A motion for
reconsideration shall be granted only if:
(a) Material evidence is presented with the
motion for reconsideration which, despite due diligence, was not available at
the time of the hearing; or
(b) The party making the motion for
reconsideration demonstrates that the board’s decision is based on an erroneous
factual finding, an error of reasoning or a legal error concerning the
interpretation or application of any statute, administrative rule or case law.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
PART Juv
204 RULEMAKING HEARINGS
Juv
204.01 Purpose. The purpose of this part is to provide a
uniform procedure for the conduct of public hearings as which comment from the
general public will be solicited for evaluation and consideration by the board
relative to rulemaking.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
204.02 Scope.
(a) These rules shall apply to all hearings
required by state law to be conducted by the board at which public comment shall
be solicited, except that they shall not apply to adjudicative hearings.
(b)
If any requirement set by these rules conflicts with an applicable
statute such other authority shall control.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
204.03 Notice.
(a) A public comment hearing concerning
rulemaking shall be commenced by placing notice of the hearing in the
“Rulemaking Register” so that it shall appear at least 20 days prior to the
hearing date.
(b) Notice for rulemaking public comment periods
shall comply with RSA 541-A:6, I.
(c) Nothing in these rules shall prohibit the
board from giving greater notice than the minimums set out in this part.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
204.04 Media Access.
(a) Public comment hearings shall be open to the
print and electronic media.
(b) The moderator shall place limits on the
activities of the media to avoid disruption in the following ways:
(1) Limit
the number of media representatives when their presence is disproportionate to
the number of citizens present and shall cause citizens to be excluded;
(2) Limit
the placement of television
cameras to certain locations in the hearing room; and
(3) Prohibit
interviews from being conducted within the hearing room during the hearing.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
204.05 Moderator.
(a) The hearing shall be presided over by a
moderator who shall be on the board, chairperson or a designee.
(b) The moderator shall:
(1) Call the
hearing to order;
(2) Cause a
recording of the hearing to be made;
(3) Place
limits on the media to avoid disruption as set out in Juv 204.04(b);
(4)
Recognize those who wish to be heard and establish the order thereof;
(5) Limit the
time for each speaker, as set out in Juv 204.06(b);
(6) Remove
or have removed any person who disrupts the hearing;
(7) Adjourn
the hearing; and
(8) Provide
opportunity for the submission of written comments.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
204.06 Public Participation.
(a) Any person who wishes to speak on the issue
or issues which are the subject of the hearing shall place his or her name on a
speakers’ list before the last speaker on the list has finished speaking. All
whose names appear on the speakers’ list, as provided, shall be afforded
reasonable time to speak at the hearing. Reasonable time shall be determined
considering the number of people who wish to be heard, the time and the
availability of the facility.
(b) The board, through the moderator, shall:
(1) Refuse
to recognize a person who refuses to give his or her full name and address;
(2) When a
group or organization wishes to comment, limit the group to no more than 3
spokespersons, provided that the members who are present shall be allowed to
enter their names and addresses into the record as supporting the position by
the group or organization;
(3) Revoke
recognition of a speaker who speaks or acts in an abusive or disruptive manner;
or
(4) Revoke
recognition of a speaker who refuses to keep his comments relevant to the issue
or issues which are the subject of the hearing.
(c) Written comments may be submitted any time
from the time notice has been published until the record has been closed by the
moderator, which shall not be less than 7 calendar days after the hearing.
(d) In the event that the number of speakers who
wish to give oral testimony relevant to the issue or issues involved exceed
that number which can be heard within a
reasonable period of time subject to facility availability and length of the
hearing, the hearing shall be reconvened pursuant to applicable provisions in
RSA 541-A to afford such persons the opportunity to be heard. Speakers may
elect to submit written testimony in lieu of additional oral hearing.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
PART Juv 205
PETITIONS FOR RULEMAKING
Juv
205.01 Petition for Rulemaking.
(a) Any person may request the board to commence
a proceeding for the purpose of adopting, amending or repealing a rule by
filing a written petition that contains:
(1) A
statement of the petitioner’s request for the proposed rule;
(2) The text
of the proposed rule or a statement of the particular results intended by the
petitioner’s interest in the subject matter of the proposed rule;
(3) An
identification of the particular rule sought to be amended or repealed;
(4) Any data
or argument the petitioner believes would be useful to the board in deciding
whether to commence a rulemaking proceeding; and
(5) Name,
address, signature of petitioner and date.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
205.02 Disposition of Petition.
(a) The board shall consider all petitions for
rulemaking and proceed pursuant to RSA 541-A:4. The board shall request
additional data or argument from the petitioner or other interested persons to
clarify the argument.
(b) If the data or argument fails to support the
petition, the board shall state the reason therefore in the order.
(c) If the data or argument supports the
petition, the board shall commence rulemaking in accordance with RSA 541-A:3
et.seq.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
PART Juv
206 DECLARATORY RULINGS
Juv
206.01 Petitions.
(a) Any person may request a declaratory ruling
from the board on matters within its jurisdiction by filing an original and 5
copies of a petition.
(b) A petition for declaratory ruling shall also
set forth the following information:
(1) The
exact ruling being requested; and
(2) The
statutory and factual basis for ruling, including any supporting affidavits or
memoranda of a law.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
Juv
206.02 Action on Petitions.
(a) The petitioner shall provide such further
information or participate in such evidentiary or other proceedings as the
board shall direct after reviewing the petition and any replies received.
(b) Upon review and consideration, the board
shall within 90 days rule on the petition.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-A, eff 3-6-03
PART Juv
207 EXPLANATION
Juv 207.01 Explanation after Adoption.
(a) Any person may request an explanation regarding
adoption of the rules pursuant to RSA 541-A:11, VII by submitting a request to
the board.
(b) The request shall be considered at the next
scheduled board meeting and the board shall issue a response within 45 days
after reconsideration.
Source.
(See Revision Note at chapter heading for Juv 200) #7843-B, eff 3-6-03,
EXPIRED: 3-6-11
New. #9903, INTERIM, eff 4-16-11, EXPIRES:
10-13-11; ss by #10008-B, eff 9-30-11
CHAPTER Juv 300 PAROLE PROCESS
REVISION NOTE:
Document
#7844, effective 3-6-03, contain rules in Juv 300 of the Juvenile Parole Board
relative to the parole process.
The
prior filings of the Juvenile Parole Board containing rules relative to the parole
process include the following documents:
#2971,
effective 1-28-85, containing Ju 100 through Ju 400
#4431,
EMERGENCY, effective 6-2-88, containing Ju 100 through Ju 600, EXPIRED 8-31-88
#2971,
effective again 8-31-88, pursuant to 1988, 173:5, and EXPIRED 1-28-91
PART Juv 301 PAROLE
Statutory Authority: RSA 170-H:4, III
Juv 301.01 Initiation of Parole Process. The commissioner shall provide notice to the
board that a juvenile is eligible for parole pursuant to RSA 170-H:6.
Source.
(See Revision Note at chapter heading for Juv 300) #7844, eff 3-6-03,
EXPIRED: 3-6-11
New. #9903, INTERIM, eff 4-16-11,
EXPIRES: 10-13-11; ss by #10008-B, eff 9-30-11
Juv 301.02 Custody of Juvenile Parolees. Pursuant to RSA 170-H:4, II, the board shall
have legal custody of juvenile parolees until they receive a discharge or are
recommitted to the custody of the commissioner.
Source.
(See Revision Note at chapter heading for Juv 300) #7844, eff 3-6-03,
EXPIRED: 3-6-11
New. #9903, INTERIM, eff
4-16-11, EXPIRES: 10-13-11; ss by #10008-B, eff 9-30-11
Juv 301.03 Conditions
of Parole. Juveniles paroled by the
board shall conduct themselves in accordance with all of the following
conditions:
(a) The juvenile shall obey all laws and
applicable rules;
(b) The juvenile's behavior shall not be harmful to
himself/herself or to any other individual, or to the juvenile's community;
(c) The juvenile shall not damage any real or
personal property;
(d) The juvenile shall:
(1) If subject to compulsory school attendance pursuant
to RSA 193:1, attend school and obey all school rules; or
(2) If not
attending a public school, be engaged in an education plan approved by the
superintendent of schools or JPPO;
(e) The juvenile shall not leave the state of
(f) The juvenile shall return to the state of
(g) The juvenile shall not use or possess
alcoholic beverages, controlled drugs unless prescribed by a physician for the
juvenile's use, or drug paraphernalia as defined by RSA 318-B:1, X-a, or other
items specified in the conditions of parole;
(h) The juvenile shall submit to and cooperate
with random drug testing as ordered by the board;
(i) The juvenile shall not receive, possess or
transport any weapon, explosive, firearm or dangerous device;
(j) The juvenile shall remain in placement with
the juvenile's parent(s) or legal guardian(s) or other person or persons as designated
by the board who can provide care and supervision;
(k) The juvenile shall obey all household rules
and shall not stay out overnight without permission of the juvenile's
parent(s), legal guardian(s), or person(s) designated by the board;
(l) The juvenile shall comply with any curfew as
established by the JPPO;
(m) The juvenile shall attend all treatment and
counseling programs as determined by the JPPO;
(n) The juvenile shall report to the JPPO any
change of address, telephone number, school status or employment within 24
hours of the change;
(o) The juvenile shall report to the JPPO at
times and places as directed by the JPPO;
(p) The juvenile shall be subject to search by a
JPPO of the juvenile's person, vehicles, lockers and residence for possessions
in contravention of the juvenile's conditions of parole;
(q) The juvenile shall immediately notify the
JPPO of any contacts between the juvenile and law enforcement officials; and
(r) The juvenile shall comply with such other conditions
which, based on the individual circumstances of the juvenile, are deemed
necessary by the board to promote the purposes of parole and insure public
safety. Such conditions may include, but
shall not be limited to, complying with outstanding conditions of
administrative release and re-appearing before the board to provide information
or show documentation related to participation in an educational or treatment
program.
Source.
(See Revision Note at chapter heading for Juv 300) #7844, eff 3-6-03,
EXPIRED: 3-6-11
New. #9903, INTERIM, eff
4-16-11, EXPIRES: 10-13-11; ss by #10008-B, eff 9-30-11
Juv
301.04 Return of Juvenile Parolees to
the SYSC.
(a) Upon violation by a juvenile parolee of any of
the juvenile's conditions of parole, the juvenile shall be returned to the SYSC
at the request of any JPPO or law enforcement official.
(b) The commissioner shall notify the board of the
return to the SYSC of a juvenile parolee within 72 hours of the juvenile's
return.
(c) Upon his or her return to SYSC, the juvenile
parolee shall receive written notice of the circumstances justifying his or her
return, and of the juvenile parolee's right to a preliminary hearing, pursuant
to Juv 202.02.
Source.
(See Revision Note at chapter heading for Juv 300) #7844, eff 3-6-03,
EXPIRED: 3-6-11
New. #9903, INTERIM, eff
4-16-11, EXPIRES: 10-13-11; ss by #10008-B, eff 9-30-11
CHAPTER Juv 400 REVOCATION OF PAROLE
REVISION NOTE:
Document
#7844, effective 3-6-03, contain rules in Juv 400 of the Juvenile Parole Board
relative to revocation of parole.
The
prior filings of the Juvenile Parole Board containing rules relative to the
revocation of parole include the following documents:
#2971,
effective 1-28-85, containing Ju 100 through Ju 400
#4431,
EMERGENCY, effective 6-2-88, containing Ju 100 through Ju 600, EXPIRED 8-31-88
#2971,
effective again 8-31-88, pursuant to 1988, 173:5, and EXPIRED 1-28-91
PART Juv 401 REVOCATION PROCESS
Juv
401.01 Revocation.
(a) Parole shall be revoked by the board if the
juvenile parolee violates the conditions of his/her parole, except under the
conditions specified in Juv 202.03(h).
(b) Any juvenile parolee returned to SYSC upon
which a finding of probable cause was made shall have a revocation hearing
pursuant to Juv 202.03.
Source.
(See Revision Note at chapter heading for Juv 400) #7844, eff 3-6-03,
EXPIRED: 3-6-11
New. #9903, INTERIM, eff
4-16-11, EXPIRES: 10-13-11; ss by #10008-B, eff 9-30-11
Juv
401.02 Recommital.
(a) Any juvenile whose parole is revoked shall be
returned to the custody of the commissioner pursuant to RSA 170-H:11.
(b) At any time prior to his/her seventeenth
birthday, unless jurisdiction exists or has been extended beyond age 17 pursuant
to RSA 169-B:4, a juvenile shall be paroled again, if eligible pursuant to RSA
170-H:11 and the provisions of Juv 200 and 300.
(c) If not paroled or granted a discharge
pursuant to RSA 170-H:12 or court order, the juvenile shall remain in the custody
of the commissioner until his or her seventeenth birthday, unless jurisdiction
exists or has been extended beyond age 17 pursuant to RSA 169-B:4.
Source.
(See Revision Note at chapter heading for Juv 400) #7844, eff 3-6-03,
EXPIRED: 3-6-11
New. #9903, INTERIM, eff
4-16-11, EXPIRES: 10-13-11; ss by #10008-B, eff 9-30-11
Appendix
|
Rule |
|
|
Juv 101 |
RSA 170-H:4, I |
|
Juv 102 |
RSA 170-H:2; RSA
541-A:7 |
|
Juv 103 |
RSA 170-H:3; RSA
541-A:16, I(a) |
|
Juv 104-105 |
RSA 91-A:4; RSA
541-A:16, I(a) |
|
|
|
|
Juv 201 (Specific rules in
Juv 201 implementing specific statutues are listed below) |
RSA 170-H:4, III(a) |
|
Juv 201.01 |
RSA 170-H:4, III(a) |
|
Juv 201.02 |
RSA 541-A:30-a,
III(f) |
|
Juv 201.03 |
RSA 541-A:30,
III(b) |
|
Juv 201.04-201.05 |
RSA 541-A:30-a,
III(a) |
|
Juv 201.06 |
RSA 541-A:30-a,
III(k) |
|
Juv 201.07 |
RSA 541-A:30-a,
III(h) |
|
Juv 201.08 |
RSA 541-A:30,
III(g) |
|
Juv 201.09 |
RSA 170-H:7; RSA
170-G:8-a; RSA 169-B:34, 35 |
|
Juv 201.10 |
RSA 541-A:33 |
|
Juv 201.11 |
RSA 541-A:30-a,
III(a) |
|
Juv 201.12 |
RSA 541-A:30-a,
III(i) |
|
Juv 201.13 |
RSA 541-A:35 |
|
Juv 201.14 |
RSA 541-A:30-a,
III(j) |
|
Juv 202.01 |
RSA 170-H:4,
III(a), (b); RSA 170-H:6, I |
|
Juv 202.02 |
RSA 170-H:4,
III(a), (b) |
|
Juv 202.03 |
RSA 170-H:4,
III(d); RSA 170-H:8; RSA 170-H:10 |
|
Juv 203 |
RSA 170-H:4, III(a) |
|
Juv 204 |
RSA 541-A:16,
I(b)(3) |
|
Juv 205 |
RSA 541-A:16, I(c) |
|
Juv 206 |
RSA 541-A:16, I(d) |
|
Juv 207 |
RSA 4 541-A:11, VII |
|
|
|
|
Juv 301.01 |
RSA 170-H;4, I |
|
Juv 301.02 |
RSA 170-H;4, II |
|
Juv 301.03 |
RSA 170-H;4, III(c) |
|
Juv 301.04 |
RSA 170-H;4,
III(e); RSA 170-H:8 |
|
|
|
|
Juv 401.01 |
RSA 170-H;4, III(d)
& (e); RSA 170-H:8; RSA 170-A:10 |
|
Juv 401.02 |
RSA 170-H;4,
III(e); RSA 170-H:11 |