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Section 651-B:1
651-B:1 Definitions. – In this chapter:
I. ""Department'' means the department of safety.
II. ""Division'' means the division of state police, department of safety.
[Paragraph III effective until January 1, 2007; see also paragraph III set out below.]
III. ""Sexual offender'' means a person who is required to register as a result of any violation or attempted violation of:
(a) RSA 632-A:2, 632-A:3, 632-A:4, I(a), 632-A:4, I(b) if the actor was 21 years of age or older at the time of the offense, 645:1, II, or 645:1, III; or
(b) A law of another state or the federal government reasonably equivalent to a violation listed in subparagraph (a).
[Paragraph III effective January 1, 2007; see also paragraph III set out above.]
III. ""Sexual offender'' means a person who is required to register as a result of any violation or attempted violation of:
(a) RSA 632-A:2, 632-A:3, 632-A:4, I(a), 632-A:4, I(b) if the actor was 21 years of age or older at the time of the offense, 645:1, II, or 645:1, III;
(b) A law of another state or the federal government reasonably equivalent to a violation listed in subparagraph (a); or
(c) Any other criminal offense which is not specifically listed in subparagraph (a) if the court finds by clear and convincing evidence at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification and protection of the public would be furthered by requiring the person to register. In determining whether the offender should be required to register, the court may consider the offender's prior criminal history and any other relevant information. Duration of the registration shall be for a period of time as required by the court but not less than 10 years from the date of release from custody. The court shall also make a finding as to whether the offender's name and registration information shall appear on the public list authorized by RSA 651-B:7. In determining whether the offender's name shall appear on the public list, the court shall consider whether the victim was a minor at the time of the crime; the nature of the offenses that are currently listed on the public list; whether public safety would be furthered by including the offender on the public list; and any other relevant factors. The hearing at which such a determination is made shall comply with due process requirements, including a right to appeal the finding. The court shall provide the defendant an opportunity to be heard on the issue prior to the imposition of the registration requirement and shall state on the record the reasons for its findings and the reasons for requiring registration.
IV. ""Local law enforcement agency'' means the chief of police in the city or town where the person resides or is temporarily domiciled, or, if the municipality has no police chief or if the person resides in an unincorporated place, the sheriff of the county where the person resides.
[Paragraph V effective until January 1, 2007 at 12:01 a.m.; see also paragraph V set out below.]
V. ""Offender against children'' means a person who is required to register as a result of any violation or attempted violation of:
[Paragraph V(a) effective until January 1, 2007; see also paragraph V(a) set out below.]
(a) Any of the following offenses, where the victim was under the age of 18 at the time of the offense, RSA 633:1, 633:2, 633:3, 639:2, or 645:2; or
[Paragraph V(a) effective January 1, 2007; see also paragraph V(a) set out above.]
(a) Any of the following offenses, where the victim was under the age of 18 at the time of the offense, RSA 632-A:2, RSA 632-A:3, RSA 633:1, RSA 633:2, RSA 633:3, RSA 639:2, or RSA 645:2; or
(b) RSA 169-B:41, II, 639:3, III, 649-A:3, 649-B:3, 649-B:4 or 650:2, II; or
(c) A law of another state or the federal government reasonably equivalent to a violation listed in subparagraph (a) or (b).
[Paragraph V effective January 1, 2007 at 12:01 a.m.; see also paragraph V set out above.]
V. ""Offender against children'' means a person who is required to register as a result of any violation or attempted violation of:
(a) Any of the following offenses, where the victim was under the age of 18 at the time of the offense, RSA 632-A:2, RSA 632-A:3, RSA 633:1, RSA 633:2, RSA 633:3, RSA 639:2, or RSA 645:2; or
(b) RSA 169-B:41, II, 639:3, III, 649-A:3, 649-B:3, 649-B:4 or 650:2, II; or
(c) A law of another state or the federal government reasonably equivalent to a violation listed in subparagraph (a) or (b); or
(d) Any other criminal offense committed against a victim under the age of 18 at the time of the offense which is not specifically listed in subparagraph (a) or (b) if the court finds by clear and convincing evidence at the time of conviction or sentencing that the person committed the offense as a result of sexual compulsion or for purposes of sexual gratification and protection of the public would be furthered by requiring the person to register. In determining whether the offender should be required to register, the court may consider the offender's prior criminal history and any other relevant information. Duration of the registration shall be for a period of time as required by the court but not less than 10 years from the date of release from custody. The court shall also make a finding as to whether the offender's name and registration information shall appear on the public list authorized by RSA 651-B:7. In determining whether the offender's name shall appear on the public list, the court shall consider the nature of the offenses that are currently listed on the public list; whether public safety would be furthered by including the offender on the public list; and any other relevant factors. The hearing at which such a determination is made shall comply with due process requirements, including a right to appeal the finding. The court shall provide the defendant an opportunity to be heard on the issue prior to the imposition of the registration requirement and shall state on the record the reasons for its findings and the reasons for requiring registration.
VI. ""LENS system'' means the law enforcement name search system.
[Paragraph VII effective until January 1, 2007; see also paragraph VII set out below.]
VII. ""Required to register'' means that a sexual offender or offender against children was charged with an offense or an attempt to commit an offense listed in this chapter that resulted in one of the following outcomes:
(a) Conviction for the offense; or
(b) A finding of not guilty by reason of insanity.
[Paragraph VII effective January 1, 2007; see also paragraph VII set out above.]
VII. (a) ""Required to register'' means that a sexual offender or offender against children was charged with an offense or an attempt to commit an offense listed in this chapter that resulted in one of the following outcomes:
(1) Conviction;
(2) A finding of not guilty by reason of insanity;
(3) An adjudication as a juvenile delinquent and the court at the time of the dispositional hearing finds, pursuant to RSA 169-B:19, that the juvenile is required to register;
(4) An adjudication of juvenile delinquency or its equivalent in another state or territory of the United States if the juvenile is required to register under the laws of that jurisdiction; or
(5) An order committing the person as a sexually violent predator pursuant to RSA 135-E.
(b) A juvenile certified to stand trial as an adult, who is convicted, found not guilty by reason of insanity, or committed as a sexually violent predator, shall be treated as an adult for all purposes under this chapter.
[Paragraph VIII effective January 1, 2007.]
VIII. Notwithstanding RSA 21:6-a, ""residence'' means a place where a person is living or temporarily staying for more than a total of 5 days during a one-month period, such as a shelter or structure that can be located by a street address, including, but not limited to, houses, apartment buildings, motels, hotels, homeless shelters, and recreational and other vehicles.
Source. 1996, 293:1, eff. Aug. 9, 1996. 1999, 177:3, eff. Aug. 30, 1999; 321:2, eff. Jan. 1, 2000. 2003, 316:8, eff. Jan. 1, 2004. 2004, 69:1, eff. Jan. 1, 2005. 2005, 214:1-3, eff. Jan. 1, 2006; 290:2, eff. Jan. 1, 2006. 2006, 162:4, eff. Jan. 1, 2007; 327:1, 3, 4, eff. Jan. 1, 2007; 327:2, eff. Jan. 1, 2007 at 12:01 a.m.
Section 651-B:2
[RSA 651-B:2 effective January 1, 2007; see also RSA 651-B:2 set out above.]
651-B:2 Registration. –
I. Every sexual offender or offender against children shall be registered with the department of safety, division of state police, as provided in this chapter.
II. Upon receipt of information pursuant to RSA 106-B:14 concerning the disposition of any charges against any sex offender or offender against children, the division shall register such person and shall include the relevant information in the law enforcement name search (LENS) system.
III. Upon receipt from any out-of-state law enforcement agency of information that a sex offender or offender against children has moved to New Hampshire, the division shall register such person and shall include the relevant information in the LENS system.
IV. The information that a person is required to register on the public list as a sexual offender or offender against children, including his or her qualifying offense or offenses, shall be available to law enforcement through the offender's criminal record and motor vehicle record. If an offender's obligation to register terminates for any reason, the department shall notify the division of motor vehicles of the change and the offender's motor vehicle record shall no longer reflect that the person is required to register as a sexual offender or offender against children.
Source. 1996, 293:1, eff. Aug. 9, 1996. 2006, 327:5, eff. Jan. 1, 2007.
Section 651-B:3
[RSA 651-B:3 effective January 1, 2007 at 12:01 a.m.; see also RSA 651-B:3 set out above.]
651-B:3 Release of Certain Sexual Offenders Into the Community; Duties. –
I. Upon release of any sexual offender or offender against children required to register, whether on probation, parole, conditional or unconditional release, completion of sentence, release from secure psychiatric care, release into the community after involuntary commitment, release from a juvenile detention facility, or for any other reason, the official in charge of such release shall notify the offender of the offender's duty to report under this chapter. The offender shall acknowledge in writing that he has received such notice. The official shall obtain the address at which the offender expects to reside upon release and shall report such address to the department. The department shall inform the local law enforcement agency where the offender expects to reside. The division shall enter the information concerning the offender's release and notification in the LENS system.
II. Upon receipt from any out-of-state law enforcement agency of information that a sex offender or offender against children has moved to New Hampshire, the department shall obtain the address at which the offender expects to reside and shall inform the local law enforcement agency. The department shall locate and shall serve notice upon such offender of the offender's duty to report under this chapter. Service by the department is not required if the offender has already registered with the local law enforcement agency in which the offender resides or is located as required by this chapter. At the time of the initial registration, the offender shall acknowledge in writing that the offender has received notice of the duty to report. The division shall enter the information concerning the offender's location in New Hampshire and notification in the LENS system. This paragraph shall not apply to a sexual offender or offender against children who has moved to New Hampshire and has registered with a local law enforcement agency.
III. Semi-annually, the department shall verify the address at which the offender resides by sending a letter by certified non-forwarding mail to the offender. The address verification shall be sent to the offender prior to the offender's birthday and again prior to the offender's 6-month semi-annual registration. The address verification shall remind the offender of the obligation to register in person on a semi-annual basis. The offender shall sign the letter and return it to the department within 10 business days of receipt. If the offender's mailing address is to a post-office box, the department shall deliver by other means as determined by the department a letter to the offender's residence. The offender shall sign and return the letter within 10 business days of receipt.
Source. 1996, 293:1, eff. Aug. 9, 1996. 2005, 214:4, eff. Jan. 1, 2006. 2006, 162:2, eff. Jan. 1, 2007; 327:6, eff. Jan. 1, 2007 at 12:01 a.m.
Section 651-B:4
651-B:4 Duty to Report. –
I. (a) (1) Any person required to be registered under this chapter shall report in person to the local law enforcement agency within 5 business days after the person's release as required under RSA 651-B:3, or within 5 business days after the person's date of establishment of residence in New Hampshire if the person is required to register as a result of an offense committed in another jurisdiction. Such report shall also be made semi-annually within 5 business days after each anniversary of the person's date of birth and the sixth month following the person's date of birth and additionally within 5 business days after any change of any information the person is required to report pursuant to this chapter. If an offender has more than one residence, the offender shall report in person to each local law enforcement agency having jurisdiction over each of the offender's residences.
(2) Such person shall be required to submit to a photograph taken by the law enforcement agency each time the person is required to report to the law enforcement agency under this section.
(3) Such person shall also provide the following information at the time of registration: name, age, race, sex, date of birth, height, weight, hair and eye color, address of any permanent residence and address of any current temporary residence, within the state or out of state, mailing address, date and place of any employment or schooling, and vehicle make, model, color, and license tag number. A post office box shall not be provided in lieu of a physical residential address. Such person shall also provide any additional information required by department rules adopted in accordance with RSA 651-B:8.
(b) Any nonresident sexual offender or offender against children who enters this state for the purpose of employment, with or without compensation, or to attend any public or private educational institution for a period exceeding 14 consecutive days or for an aggregate period of time exceeding 30 days during any calendar year shall report in person to the local law enforcement agency having jurisdiction over the place of employment or school within 5 business days of the nonresident offender entering the state for employment or schooling, and additionally within 5 business days after any change of place of employment or schooling. In the event a nonresident offender required to register under this paragraph does not have a principal place of employment, the offender shall register in person with the department in Concord. Upon the nonresident offender's initial registration, the local law enforcement agency or the department shall notify the offender of the offender's duty to report under this chapter. The offender shall report the address of the offender's place of employment or schooling while in the state, the address where the offender resides out of state, and other information required by RSA 651-B:4, I(a)(3) and department rules adopted in accordance with RSA 651-B:8. Such report shall also be made semi-annually within 5 business days after each anniversary of the person's date of birth and the sixth month following the person's date of birth, and additionally within 5 business days after any change in the information the person is required to report pursuant to this chapter.
II. In addition to the requirements imposed under paragraph I of this section, the following provisions shall apply to any sexual offender or offender against children who is sentenced to an extended term of imprisonment pursuant to RSA 651:6, I(b):
(a) Every 90 days after the date of the offender's initial release or commencement of parole, the department shall mail a nonforwardable verification form to the offender's last reported address.
(b) The offender shall mail the verification form to the department within 10 days after receipt of the form.
(c) The verification form shall be signed by the offender, and state that the offender still resides at the address last reported to the local law enforcement agency.
Source. 1996, 293:1, eff. Aug. 9, 1996. 2000, 177:1, eff. Jan. 1, 2001. 2001, 233:1, eff. Jan. 1, 2002. 2002, 241:3, eff. May 17, 2002. 2003, 316:1, eff. Sept. 20, 2003. 2005, 214:5, eff. Jan. 1, 2006. 2006, 327:7, eff. Jan. 1, 2007.
Section 651-B:5
[RSA 651-B:5 effective January 1, 2007; see also RSA 651-B:5 set out above.]
651-B:5 Change of Name or Alias, or Address; Duty to Inform. –
When any person required to be registered under RSA 651-B changes any information the person is required to report pursuant to this chapter the person shall give written notification of the new information to the local law enforcement agency to which he or she last reported under RSA 651-B:4 within 5 business days of such change of information. Such notice shall not relieve the person of the duty to report under RSA 651-B:4 at the new place of residence, employment, or schooling. The local law enforcement agency receiving such notice shall forward a copy to the division within 3 days after receipt. The division shall notify the local law enforcement agency at the new place of residence, employment, or schooling, or the appropriate out-of-state law enforcement agency if the new place of residence, employment, or schooling is outside New Hampshire. The division shall include any new information in the LENS system.
Source. 1996, 293:1, eff. Aug. 9, 1996. 1999, 160:2, eff. Jan. 1, 2000. 2001, 233:2, eff. Jan. 1, 2002. 2002, 241:4, eff. May 17, 2002. 2006, 327:8, eff. Jan. 1, 2007.
Section 651-B:6
651-B:6 Duration of Registration. –
I. Any sexual offender required to register as a result of a violation or attempted violation of RSA 632-A:2, 632-A:3, or 645:1, III, and any offender against children required to register as a result of a violation or attempted violation of RSA 169-B:41, II, 632-A:2, 633:1, 633:2, 639:2, 639:3, III, 645:2, II, 649-A:3, I, 649-B:3, 649-B:4, or 650:2, II, or of an equivalent offense in an out-of-state jurisdiction, shall be registered for life.
[Paragraph II effective January 1, 2007; see also paragraph II set out above.]
II. Any sexual offender required to register as a result of a violation or attempted violation of RSA 632-A:4, I(a) or (b), or RSA 645:1, II, and any offender against children required to register as a result of a violation or attempted violation of RSA 633:3 or 645:2, I, or of an equivalent offense in an out-of-state jurisdiction, shall be registered for a 10-year period from the date of release, provided that any such registration period shall not run concurrently with any registration period resulting from a subsequent violation or attempted violation of an offense for which the person is required to register.
[Paragraph III effective January 1, 2007; see also paragraph III set out above.]
III. Notwithstanding the provisions of paragraph II, any sexual offender or offender against children who is required to register as a result of a violation of more than one offense listed in RSA 651-B:1, III or RSA 651-B:1, V, or who is sentenced to an extended term of imprisonment pursuant to RSA 651:6, I(b) shall be registered for life.
[Paragraph IV effective January 1, 2007.]
IV. Registration of any juvenile required to register pursuant to RSA 651-B:1, VII(a)(3) or (4) shall end when the juvenile turns 17 years of age unless the court which adjudicated the juvenile as a delinquent retains jurisdiction over the juvenile pursuant to RSA 169-B:4, V, in which case registration of the juvenile shall end when the court terminates jurisdiction over the juvenile's case. When the registration of a juvenile terminates, the department shall remove information relating to the juvenile from the LENS system and records of the juvenile's registration shall be handled in accordance with RSA 169-B:35 and RSA 169-B:36.
Source. 1996, 293:1, eff. Aug. 9, 1996. 1999, 177:4, 5, eff. Aug. 30, 1999; 321:3, eff. Jan. 1, 2000. 2002, 241:2, eff. May 17, 2002. 2003, 316:9, eff. Jan. 1, 2004. 2005, 214:6, eff. Jan. 1, 2006. 2006, 162:3, eff. Jan. 1, 2007; 327:9, 10, eff. Jan. 1, 2007.
Section 651-B:7
651-B:7 Availability of Information to the Public. –
I. Except as provided in this section, the records established and information collected pursuant to the provisions of this chapter shall not be considered ""public records'' subject to inspection under RSA 91-A:4. However, nothing in this chapter shall be construed to limit any law enforcement agency from making any use or disclosure of any such information as may be necessary to the performance of a valid law enforcement function. Nothing in this chapter shall be construed to limit an individual's ability to obtain access to the individual's own records, or to limit access to a person's criminal record under the provisions of RSA 106-B:14, including address information obtained under the provisions of this chapter.
[Paragraph II effective until January 1, 2007 at 12:01 a.m.; see also paragraph II set out below.]
II. (a) The division shall maintain a separate list of all individuals registered pursuant to this chapter who are required to register as a result of any violation or attempted violation of one of the following offenses, or of any law of another state or the federal government reasonably equivalent to one of the following offenses:
[Paragraph II(a)(1) repealed effective January 1, 2007.]
(1) RSA 632-A:2, I(l).
[Paragraph II(a)(2) repealed effective January 1, 2007.]
(2) RSA 632-A:2, II-III.
(3) RSA 632-A:3, II, provided that the age difference between the convicted individual and the victim was more than 3 years at the time of the offense.
(4) RSA 632-A:3, III.
(5) RSA 645:1, II-III.
(6) Any offense described in RSA 651-B:1, V.
(b) (1) The list described in subparagraph (a) shall include:
(A) The name, address, and date of birth of the registered individual.
(B) The offense for which the individual is required to register.
(C) The date and court of the adjudication on the offense for which the individual is registered.
(D) Outstanding arrest warrants, and the information listed in subparagraphs (b)(1)(A)-(C), for any sexual offender or offender against children who has not complied with the obligation to register under this chapter.
(E) A photograph or physical description of the individual, if available.
(2) Where such information is available, the list may also include:
(A) The date and court of the individual's other convictions, if any.
(B) Information on the profile of the victim or victims of the individual's offense or offenses.
(C) The method of approach utilized by the individual.
(3) In no event shall the list include the identity of any victim.
[Paragraph II effective January 1, 2007 at 12:01 a.m.; see also paragraph II set out above.]
II. (a) The division shall maintain a separate list of all individuals registered pursuant to this chapter who are required to register as a result of any violation or attempted violation of one of the following offenses, or of any law of another state or the federal government reasonably equivalent to one of the following offenses:
(1) RSA 632-A:2, I(j).
(2) RSA 632-A:2, I(k).
(3) [Repealed.]
(4) [Repealed.]
(5) RSA 632-A:3, II, provided that the age difference between the individual required to register and the victim was more than 3 years at the time of the offense.
(6) RSA 632-A:3, III.
(7) RSA 645:1, II-III.
(8) Any offense described in RSA 651-B:1, V.
(b) (1) The list described in subparagraph (a) shall include:
(A) The name, address, and date of birth of the registered individual.
(B) The offense for which the individual is required to register.
(C) The date and court of the adjudication on the offense for which the individual is registered.
(D) Outstanding arrest warrants, and the information listed in subparagraphs (b)(1)(A)-(C), for any sexual offender or offender against children who has not complied with the obligation to register under this chapter.
(E) A photograph or physical description of the individual, if available.
(2) Where such information is available, the list may also include:
(A) The date and court of the individual's other adjudications, if any.
(B) Information on the profile of the victim or victims of the individual's offense or offenses.
(C) The method of approach utilized by the individual.
(3) In no event shall the list include the identity of any victim. Sexual offenders convicted under RSA 632-A:2 shall be listed on the public list in a manner which does not disclose, directly or indirectly, that the victim and the defendant were related or members of the same household. For sexual offenders convicted under RSA 632-A:1, I, no specific reference to any statutory subparagraph shall appear on the public list.
(c) In no event shall the list made available to the public pursuant to this section include a sexual offender or offender against children who has been adjudicated as a juvenile delinquent.
[Paragraph III effective until January 1, 2007 at 12:01 a.m.; see also paragraph III set out below.]
III. At periodic intervals, not less frequently than once each month, the commissioner of the department of corrections, the superintendent of each county department of corrections, and the commissioner of the department of health and human services shall forward to the division a statement identifying every offender who is confined in a facility under their control who is required to register as a result of an offense described in subparagraph II(a), and who is eligible at that time for any unsupervised work detail, release into the community following secure psychiatric care, or other assignment which may bring the offender into contact with members of the public. These statements shall include the information set forth in subparagraphs II(b)(1)(A), (B), and (C), and may also include the information set forth in subparagraphs II(b)(2)(A)-(D). In no event shall the statements include the identity of any victim. These statements shall be incorporated by the division into the list maintained under paragraph II.
[Paragraph III effective January 1, 2007 at 12:01 a.m.; see also paragraph III set out above.]
III. At periodic intervals, not less frequently than once each month, the commissioner of the department of corrections, the superintendent of each county department of corrections and the commissioner of the department of health and human services shall forward to the division a statement identifying every offender who is confined in a facility under their control who is required to register as a result of a violation or attempted violation of an offense described in subparagraph II(a), and who is eligible at that time for any unsupervised work detail, release into the community following secure psychiatric care, or other assignment which may bring the offender into contact with members of the public. These statements shall include the information set forth in subparagraphs II(b)(1)(A), (B), and (C), and may also include the information set forth in subparagraphs II(b) (2)(A)-(D). In no event shall the statements include the identity of any victim. These statements shall be incorporated by the division into the list maintained under paragraph II.
[Paragraph IV effective January 1, 2007 at 12:01 a.m.; see also paragraph IV set out above.]
IV. (a) The division shall provide a copy of the list described in this section to each local law enforcement agency at periodic intervals, through written, electronic, computerized, or other accessible means, but in no event less frequently than once each month. The list shall be made available to interested members of the public upon request to a local law enforcement agency. The department of safety may make the list available to interested members of the public through the use of the department's official public Internet access site. The department shall adopt rules, pursuant to RSA 541-A, establishing procedures for the collection of information described in this section, the transmission of the information from the division to the local law enforcement agencies, and the conditions under which the list shall be made available to the public. These rules shall enable the public to request information about a named individual or about all listed individuals residing or confined in the state. The rules may also include provisions for the imposition of a reasonable fee to defray the administrative costs of collecting the information and making the information available to the public.
(b) Local law enforcement agencies may photograph, at the time of the registration, any individual who is required to be registered pursuant to this chapter. The consent of the registrant shall not be necessary. Such photographs may be used in the performance of any valid law enforcement function.
(c) In the discretion of the local law enforcement agency, such agency may affirmatively notify the public that an offender who is included on the public list received by the agency pursuant to subparagraph IV(a) is residing in the community.
[Paragraph V effective until January 1, 2007 at 12:01 a.m.; see also paragraph V set out below.]
V. Local law enforcement agencies, employees of local law enforcement agencies, and county and state officials shall be immune from civil and criminal liability for good faith conduct under this chapter. Nothing in this paragraph shall be deemed to grant any such immunity to any person for that person's reckless or wanton conduct.
[Paragraph V effective January 1, 2007 at 12:01 a.m.; see also paragraph V set out above.]
V. Local law enforcement agencies, employees of local law enforcement agencies, county and state officials, municipal and school officials, and municipalities and school districts shall be immune from civil and criminal liability for good faith conduct under this chapter, including any decision to provide or not provide affirmative notification to the public pursuant to RSA 651-B:7, IV(c). Nothing in this paragraph shall be deemed to grant any such immunity to any person for that person's reckless or wanton conduct.
[Paragraph VI(a) effective January 1,
2007 at 12:01 a.m.]
VI. (a) Notwithstanding the provisions of this section, any individual required to be registered whose name and information is contained on the list described in subparagraph II(a) and who is required to register as a result of any violation or attempted violation of RSA 632-A:2, III or RSA 632-A:3, II, provided that the age difference between the individual required to register and the victim was 3 years or less at the time of the offense and the person has no prior adjudications requiring registration under RSA 651-B:2, may file with the clerk of the superior court for the county in which the judgment was rendered an application for review of the public registration requirement contained in RSA 651-B:7. This application shall not be filed prior to the completion of all the terms and conditions of the sentence and in no case earlier than 10 years after the date of release. After review of the application, the court may schedule a hearing. Prior to granting any petition to remove an offender from the public list, the court shall provide notice to the county attorney who prosecuted the case, the victim advocate, and the victim or victim's family and permit those parties to be heard on the petition. If the court denies the offender's petition, the offender may not file another application pursuant to this paragraph for 5 years from the date of the denial and shall include a risk assessment prepared at the offender's expense.
(b) The court shall provide notice of the application for review under this section to the victim within 30 days of any hearing. Prior to any decision granting the application, the court shall provide the victim with the opportunity to address the court. The victim may appear personally or by counsel and may reasonably express his or her views concerning the offense, the person responsible, and the need for maintaining the public registry requirement. The judge shall consider the statements of the victim pursuant to this section when making a decision regarding the application. The judge shall grant the application, after a hearing, only where, in the opinion of the court, removal from the public registry requirement under this section will assist the individual in the individual's rehabilitation and will be consistent with the public welfare. If an application for review is denied, any subsequent application may be filed only where good cause is shown, consistent with the provisions of this section. A decision granting an application for review under this section shall not remove any of the registration requirements contained in RSA 651-B:6.
Source. 1996, 293:1, eff. Aug. 9, 1996. 1998, 239:2, eff. Jan. 1, 1999. 1999, 321:4, eff. Jan. 1, 2000. 2000, 177:2, 3, eff. Jan. 1, 2001. 2002, 241:1, eff. May 17, 2002. 2003, 316:2-4, eff. Sept. 20, 2003. 2005, 214:7, 8, eff. Jan. 1, 2006. 2006, 162:5, eff. Jan. 1, 2007; 327:11, eff. Jan. 1, 2007 at 12:01 a.m.
Section 651-B:8
651-B:8 Rules. – The department shall adopt rules, pursuant to RSA 541-A, relative to forms and procedures for the administration of this chapter.
Source. 1996, 293:1, eff. Aug. 9, 1996.
Section 651-B:9
[RSA 651-B:9 effective January 1, 2007; see also RSA 651-B:9 set out above.]
651-B:9 Penalty. –
I. A sexual offender or offender against children who is required to register under this chapter and who negligently fails to comply with the requirements of this chapter shall be guilty of a misdemeanor.
II. A sexual offender or offender against children who is required to register under this chapter and who knowingly fails to comply with the requirements of this chapter shall be guilty of a class B felony. An offender who is required to register for a period of 10 years following his or her release, pursuant to RSA 651-B:6, II, shall be required to register for an additional 10 years from the date of conviction for violating this paragraph. The obligation to register for an additional 10 years from the date of conviction for violating this paragraph shall be consecutive to the registration period imposed pursuant to RSA 651-B:6 and shall be imposed even if the original registration period has elapsed.
III. A sexual offender or offender against children previously convicted pursuant to paragraph II who is required to register under this chapter and who knowingly fails to comply with the requirements of this chapter shall be guilty of a class A felony. An offender who is required to register for a period of 10 years following his or her release, pursuant to RSA 651-B:6, II, who is convicted for violating this paragraph shall be required to register for life.
IV. The penalties imposed under paragraphs I-III shall not apply to juveniles required to register pursuant to RSA 651-B:1, VII(a)(3) or (4). The court with jurisdiction over such juveniles may impose an appropriate disposition for a violation of this section.
V. Any person who violates the provisions of RSA 651-B:7 shall be guilty of a violation.
VI. A sexual offender or offender against children who knowingly provides false information in response to any of the requirements of this chapter shall be guilty of a class B felony.
VII. A person is guilty of a class B felony if the person has reason to believe that a sexual offender or offender against children is not complying, or has not complied, with the requirements of this chapter and who purposely assists the offender in eluding any law enforcement agency that is seeking to find the offender to question the offender about, or to arrest the offender for, his or her noncompliance with the requirements of this chapter, and engages in any of the following acts or omissions:
(a) Withholds information from, or does not notify, the law enforcement agency about the offender's noncompliance with the requirements of this chapter, and, if known, the whereabouts of the offender;
(b) Harbors, or attempts to harbor, or assists another person in harboring or attempting to harbor, the offender;
(c) Conceals or attempts to conceal, or assists another person in concealing or attempting to conceal, the offender;
(d) Provides information to the law enforcement agency regarding the offender which the person knows to be false information; or
(e) Warns the offender that the law enforcement agency is attempting to locate the offender.
Source. 1996, 293:1, eff. Aug. 9, 1996. 2000, 177:4, eff. Jan. 1, 2001. 2005, 214:9, eff. Jan. 1, 2006. 2006, 327:12, eff. Jan. 1, 2007.
