1 Definition of Minor. Amend RSA 169-B:2,
VI to read as follows:
VI. "Minor" means a person
under the age of 17 for the purpose of RSA 169-B, and person under the
age of 18 if sentenced by the court to extended juvenile justice.
2 New Paragraph; Definition of Extended
Juvenile Justice. Amend RSA 169-B:2 by inserting after paragraph IX the
following new paragraph:
X. "Extended juvenile justice"
means the program of rehabilitation offered to a juvenile sentenced in
superior court to serve a juvenile sentence until the age of majority and
then, upon proof of rehabilitation, to be released on parole for the
duration of the adult consecutive sentence. Without such proof or upon
violation of parole, the adult sentence shall then be imposed.
3 Sentencing; Appropriate Rehabilitative
Program. Amend RSA 169-B:4, I and the introductory paragraph of RSA 169-B:4,
II to read as follows:
I. The court shall have jurisdiction over
any minor with respect to whom a petition is filed under this chapter after
the minor's seventeenth and before the minor's eighteenth birthday for an
alleged delinquency offense committed before the minor's seventeenth
birthday, provided no minor may be detained at or committed to the youth
development center after the minor's seventeenth birthday, unless
sentenced by the superior court pursuant to RSA 169-B:27.
II. The court may retain jurisdiction
over any minor during the period after the minor's seventeenth birthday as
justice may require for any minor who, prior to the minor's seventeenth
birthday, was adjudicated delinquent and who is in need of or is
engaged in an appropriate rehabilitative program:
4 Sentencing. Amend the introductory
paragraph of RSA 169-B:4, IV to read as follows:
IV. With the exception of extended
juvenile justice cases pursuant to RSA 169-B:27, the court shall
close the case when the minor reaches age 17 or, if jurisdiction is extended
pursuant to paragraph II, when:
5 Jurisdiction. Amend RSA 169-B:4, VI to
read as follows:
VI. Notwithstanding sentences
imposed by superior court under RSA 169-B:27, a minor may be subject
to the extended jurisdiction of the court under RSA 169-B:4
for a period of time no longer than that for which an adult could be
committed for a like offense or the minor reaches the age of 21, whichever
occurs first. For purposes of this section, the time shall be calculated
from the date of the original dispositional order.
6 Escape or Attempted Escape from Secure
Facilities. Amend RSA 169-B:24, IV to read as follows:
IV. When the felony offense charged is
first degree murder, second degree murder, attempted murder, manslaughter,
first degree assault, second degree assault (except when the allegation is a
violation of RSA 631:2, I(d)), aggravated felonious sexual assault,
kidnapping, criminal restraint, robbery punishable as a class A felony, escape
or attempts to escape from a secure facility or expedition therefrom with
the use of force against a person, a violation of RSA 318-B:26, I(a)
or (b), or negligent homicide under RSA 630:3, II, or when the minor is
charged with any felony and, prior to the filing of the felony petition, the
minor has been petitioned to the court on 4 or more occasions and
adjudicated delinquent in 4 separate adjudicatory hearings which alleged
misdemeanor or felony offenses, and the minor commits the act after the
minor's fifteenth birthday, there shall be a presumption that the factors
listed in RSA 169-B:24, I support transfer to the superior court.
7 New Paragraph; Assaults on Staff of
Detention Facilities. Amend RSA 169-B:24 by inserting after paragraph IV the
following new paragraph:
V. Any assault on staff or escape attempt
in any incarceration or secure detention facility or expedition therefrom,
which qualifies as a felony at the adult prison level shall also qualify as
a felony at the juvenile level.
8 Treatment of Juveniles as Adults;
Extended Juvenile Justice. Amend the section heading and paragraph I of RSA
169-B:27 to read as follows:
169-B:27 Treatment of Juvenile as Adult and
Extended Juvenile Justice.
I. Any minor who has been
tried and convicted as an adult shall henceforth be treated as an adult for
all purposes in connection with any criminal offense with which said minor
may be charged, with the exception that the court may, at its own
discretion, notwithstanding the provisions of this chapter, and as
appropriate facilities are available, sentence the person under 17 years of
age to extended juvenile justice.
9 New Paragraphs; Imposition of Extended
Juvenile Justice. Amend RSA 169-B:27 by inserting after paragraph I the
following new paragraphs:
II. The minor, if convicted, may at the
discretion of the court receive both a juvenile sentence and one or more
adult sentences. These sentences shall be served consecutively, with no
parole eligibility available to the minor during the juvenile sentence. A
pardon may be granted to the minor upon petition to the court, at the
discretion of the court.
III. In determining a juvenile sentence,
the court shall consider the recommendations of the department of youth
development services if said person has previously resided at that
institution. Sentencing shall have the presumption of denial of juvenile
incarceration if guilt has been found on charges which were brought forward
pursuant to RSA 169-B:46-a, relative to incorrigibility. The juvenile may
declare a waiver of consideration of a juvenile sentence prior to
sentencing.
IV. Upon reaching the age of 18, the
youth development center may recommend parole if, in its judgment, the
individual no longer poses substantial risk to society. If parole is
granted, such parole shall remain in effect throughout the length of the
adult sentences previously described. Such parole shall be subject to the
same conditions of amendment and revocation as all adult parole. If parole
is revoked, the individual shall then be committed to prison to serve the
adult sentence or sentences.
10 New Section; Incorrigibility. Amend RSA
169-B by inserting after section 46 the following new section:
169-B:46-a Incorrigibility. The youth
development center may petition the applicable juvenile court to act upon
cases arising under RSA 169-B:24 in cases of staff abuse or other crimes
committed which fall under RSA 169-B:24, IV to bring the person into the
jurisdiction of the superior court for adult adjudication.
11 Repeal. RSA 169-B:4, IV(a), relative to
minor's right to revoke consent, is repealed.
12 Effective Date. This act shall take
effect January 1, 2000.