Chapter 170-H: Parole of Delinquents

It is the intent of the general court that the juvenile parole system provide a means of rehabilitating delinquents who have been committed to the custody of the department of health and human services, without continued incarceration. It is also the intent of the general court that the juvenile parole board and the department of health and human services, when administering this system, demonstrate recognition of the need to protect the public from criminal acts by juvenile parolees.

As used in this chapter, the following words shall have the following meanings:

I. "Administrative release to parole" means an administrative procedure to provide a period of community adjustment before parole status is granted.

II. [Repealed.]

III. "Board" means the juvenile parole board.

IV. [Repealed.]

IV-a. "Commissioner" means the commissioner of the department of health and human services.

V. "Delinquent" means any person who has been adjudicated delinquent by a district or superior court and committed to the custody of the commissioner.

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.

VII. "Parole" means a conditional release from the custody of the department which allows a delinquent to serve the remainder of his commitment outside of an institution or facility operated by the department, contingent upon compliance with the terms and conditions of parole as established by the juvenile parole board.

There shall be a juvenile parole board with 5 members and 2 alternate members. The members and alternate members of the board shall be appointed by the governor with the consent of the council for staggered terms of 5 years or until their successors are appointed. An alternate member may attend any hearing of the juvenile parole board but may only vote in the absence of a member. A vacancy on the board shall be filled by an alternate member designated by the chairman for the unexpired term. No member shall serve more than 2 consecutive terms. The governor shall designate one member as chairman, and the chairman shall designate one other member to serve as chairman in his or her absence. At least 3 members of the board shall be present at all meetings and 3 members shall constitute a quorum. The board shall hold at least 12 parole hearings each year and may hold more hearings as necessary. Members and alternate members shall be paid mileage at the state employee rate while engaged in the duties of the board and to the extent funds are available in the youth development center budget.

The juvenile parole board shall:

I. Be responsible for paroling delinquents from facilities under the supervision of the commissioner, subject to the applicable provisions of this chapter.

II. Have legal custody of all delinquents released on parole until they receive their discharge or are recommitted to the custody of the commissioner.

III. Adopt rules, pursuant to RSA 541-A, relative to:

(a) The parole process, including the conduct of parole hearings;

(b) Criteria used to evaluate prospective parolees;

(c) Conditions for the conduct of parolees;

(d) Procedures for revocation of parole;

(e) Conditions under which the department may return a parolee to a secure facility pending action by the board; and

(f) Procedures for providing effective notice to children subject to parole revocation proceedings of the right to counsel, for determining if a waiver of the right to counsel by a child is knowing, voluntary, and intelligent, and for the accurate determination of the existence of a disability which would interfere with a child's ability to understand the proceedings, make decisions, or otherwise handle the proceedings without the assistance of counsel.

The commissioner, if he or she determines it is in the best interests of a delinquent and the public, may place a delinquent in custody on administrative release. Except in cases of emergency as determined by the commissioner, such an administrative release shall be in effect for no longer than 30 days.

I. The board may parole a delinquent, if:

(a) The commissioner has determined that parole is in the best interest of the delinquent and the public and that further incarceration will be of no benefit; and

(b) It shall appear to the board that there is a reasonable probability that the delinquent will remain at liberty without violating the law and will conduct himself as a good citizen.

II. No delinquent detained at a juvenile correctional facility under RSA 169-B shall be subject to the provisions of this chapter regarding parole.

The board shall have access to all juvenile records of the department. Notwithstanding any provision of law to the contrary, the board shall have access to all records in the possession of the department of health and human services concerning juveniles committed to the custody of the department of health and human services pursuant to RSA 169-B:19, I(j). The board shall review the records of the department for each offender in its custody at least once every 36 months.

When the commissioner determines that circumstances exist which justify returning a paroled delinquent to a secure facility, the commissioner may, subject to the conditions established by the board under RSA 170-H:4, III(e), return a paroled delinquent to such a facility. In all such cases, the commissioner shall notify the board of his action within 72 hours.

I. The department shall report any delinquent who violates the conditions of his parole to the parole board. However, the department shall, within 30 days of official knowledge of such an occurrence, submit a report on any parolee who:

(a) Is arrested for any felony or misdemeanor offense;

(b) Is convicted of any offense;

(c) Absconds from supervision for a period of 30 days or more;

(d) Commits numerous parole violations.

II. This report shall include information on the circumstances of the alleged violation as well as a recommendation as to whether parole should be revoked.

Any delinquent returned to a secure facility under the provisions of RSA 170-H:8 shall be entitled to a hearing before the board within 10 working days. The parolee shall have the right to appear and be heard at this hearing. If the board, after a hearing, finds that the parolee has violated the conditions of parole or violated the law and in its judgment should be recommitted to the custody of the commissioner, the board shall revoke his parole. An offender whose parole is revoked shall be recommitted to the custody of the commissioner.

I. Every child subject to revocation of parole has the right to the assistance of counsel, which may 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 is a witness or provided information in support of the basis for revocation in the parole revocation proceeding. Children known to the department or the board to have an emotional disorder, intellectual disability, or any other condition which may be expected to interfere with a child's ability to understand the proceedings, make decisions, or otherwise handle the proceedings without the assistance of counsel may not waive their right to counsel.

II. For purposes of this section, a child shall be considered a child who is subject to a parole revocation proceeding if the child has been released pursuant to RSA 170-H:5 or RSA 621:19, I for longer than a total of 30 days during one or more periods of release and is subject to return under RSA 621:25.

Any delinquent whose parole is revoked shall be returned to the custody of the commissioner. The offender may at any time prior to his or her eighteenth birthday be paroled again. If not paroled, a delinquent shall remain in custody until his or her eighteenth birthday.

A delinquent on parole may be discharged by the board whenever it finds discharge to be in the best interest of the juvenile and of the state. Every discharge shall be in writing and shall be a full release from all penalties and disabilities created by the commitment.

I. The juvenile parole board shall be administratively attached to the department of health and human services.

II. The juvenile parole board shall:

(a) Exercise its powers, duties, functions and responsibilities independently of the department of health and human services and without approval or control of the department, except as otherwise specifically provided by statute;

(b) Submit the budget requests required by RSA 9 through the department; and

(c) Submit reports required of it by law or by the governor through the department.

III. The department of health and human services shall:

(a) Provide budgeting, recordkeeping and related administrative and clerical assistance to the board if mutually agreed to in writing, provided that the board shall pay the department on a cost allocation basis for such services;

(b) Include the board's budget requests, as submitted and without changes, in the departmental budget.

IV. Unless otherwise provided by law, the juvenile parole board shall hire personnel in accordance with state personnel laws.