Section 135-E:2 Definitions.
In this chapter:
I. ""Agency with jurisdiction'' means the agency that releases, upon lawful order or authority, a person who is serving a sentence in the custody of the department of corrections, or a person who was involuntarily committed upon a finding that the person was not guilty by reason of insanity or incompetent to stand trial.
II. ""Commissioner'' means the commissioner of the department of corrections.
III. ""Convicted of a sexually violent offense'' means a person who has been:
(a) Adjudicated guilty of a sexually violent offense after a trial, guilty plea, or plea of nolo contendere;
(b) Adjudicated not guilty by reason of insanity of a sexually violent offense; or
(c) Found incompetent to stand trial on a charge of a sexually violent offense and the court makes the finding required pursuant to RSA 135-E:5.
IV. ""Court'' means the superior court in the county where that person was last convicted of a sexually violent offense, or if the person is in custody on an out-of-state or federal sexually violent offense the county where the person plans to reside upon release or, if no residence in this state is planned, in the county where the facility from which the person to be released is located.
V. ""Department'' means the department of corrections.
VI. ""Likely to engage in acts of sexual violence'' means the person's propensity to commit acts of sexual violence is of such a degree that the person has serious difficulty in controlling his or her behavior as to pose a potentially serious likelihood of danger to others.
VII. ""Mental abnormality'' means a mental condition affecting a person's emotional or volitional capacity which predisposes the person to commit sexually violent offenses.
VIII. ""Parole board"" means the adult parole board established in RSA 651-A:3.
IX. ""Person'' means an individual 18 years of age or older who is a potential or actual subject of proceedings under this chapter.
X. ""Sexually motivated'' means that one of the purposes for which the defendant committed the crime was for sexual gratification.
XI. ""Sexually violent offense'' means:
(a) Capital murder in violation of RSA 630:1, I(e);
(b) First degree murder in violation of RSA 630:1-a, I(b)(1);
(c) Aggravated felonious sexual assault in violation of RSA 632-A:2;
(d) Kidnapping in violation of RSA 633:1, I(d), where the offender confined the victim with the purpose to commit sexual assault against the victim;
(e) Burglary in violation of RSA 635:1, I, where the offender entered a building or occupied structure with the purpose to commit sexual assault;
(f) An attempt, criminal solicitation, or conspiracy, to commit any of the offenses listed above; or
(g) A violation of any other statute prohibiting the same conduct as the offenses listed above in another state, territory, or possession of the United States.
XII. ""Sexually violent predator'' means any person who:
(a) Has been convicted of a sexually violent offense;
(b) Suffers from a mental abnormality or personality disorder that makes the person likely to engage in acts of sexual violence if not confined in a secure facility for long-term control, care, and treatment; and
(c) Is not eligible for involuntary admission under RSA 135-C or RSA 171-B.
XIII. ""Total confinement'' means that the person is being held in any physically secure facility being operated by or contractually operated for the department of corrections or the department of health and human services. A person shall also be deemed to be in total confinement for applicability of provisions under this chapter if the person is serving an incarcerative sentence under the custody of the department of corrections or is being held in any other secure facility for any reason. A person is not subject to total confinement if the person is subject to an incarcerative sentence or other custody in a secure facility but has contact with the community, such as through work release, a halfway house, or other supervised or unsupervised release into the community.
Source. 2006, 327:21, eff. Jan. 1, 2007. 2007, 337:1, 2, eff. Jan. 1, 2008.