RSA 169-B:4 Jurisdiction Over Certain Persons

• Library: New Hampshire Statutes
• Edition: 2023
• Currency: Current through 2023 Legislative Session
• Year: 2023
• Citation: RSA 169-B:4

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] eighteenth and before the minor's [eighteenth] nineteenth birthday for an alleged delinquency offense committed before the minor's [seventeenth] eighteenth birthday.

II.The court may retain jurisdiction over any minor during the period after the minor's [seventeenth] eighteenth birthday as justice may require for any minor who, prior to the minor's [seventeenth] eighteenth birthday, was adjudicated delinquent and:

(a) For whom the department has recommended extension of the court's jurisdiction;

(b) Who has, prior to the minor's [seventeenth] eighteenth birthday, consented to the court's retention of jurisdiction; and

(c) Who is attending school for the purpose of obtaining a high school diploma or general equivalency diploma and is considered likely to receive such diploma.

III.At the request of the prosecutor or the department, the court may retain jurisdiction over the minor for a period of up to 2 years following the completion of any appeal if the petition was filed after the minor had attained the age of [16] 17 years. Notwithstanding the provisions of RSA 169-B:19, III, when jurisdiction is retained pursuant to this section, the court may sentence a person to the county correctional facility for a term that may extend beyond the person's eighteenth birthday.

IV.The court shall close the case when the minor reaches age [17] 18 or, if jurisdiction is extended pursuant to paragraph II, when:

(a) The minor revokes the minor's consent in writing and such revocation has been approved by the court;

(b) The minor ceases to be enrolled as a full-time student during sessions of the school;

(c) The minor graduates from high school or receives a general equivalency diploma;

(d) The minor attains 21 years of age; or

(e) The department revokes its consent in writing; whichever event shall first occur. The court shall approve the minor's revocation of consent if it finds that the minor, in seeking to do so, is acting intelligently, knowledgeably, and in acceptance of the legal consequences.

V.Notwithstanding paragraph III, when the court finds by clear and convincing evidence that closing the case would endanger the safety of the minor, any other person, or the community, or the court finds that there is a high probability that continued provision of treatment services is necessary to rehabilitate the minor, the court may retain jurisdiction over any minor: