New Hampshire § 169-B-4 - Section 169-B:4 Jurisdiction Over Certain Persons.

§ 169-B-4. Section 169-B:4 Jurisdiction Over Certain Persons.

I. The court shall have jurisdiction over any minor with respect to whom a petition is filed under this chapter after the minor's eighteenth and before the minor's nineteenth birthday for an alleged delinquency offense committed before the minor's eighteenth birthday. II. The court may retain jurisdiction over any minor during the period after the minor's eighteenth birthday as justice may require for any minor who, prior to the minor's 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 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, or who is receiving special education under RSA 186-C. 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 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 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, or is still receiving special education under RSA 186-C despite receiving a general equivalency diploma; (d) The minor attains 21 years of age, unless the minor is still receiving special education under RSA 186-C, in which case the court may extend jurisdiction until the minor attains 22 years of age or exits special education, whichever occurs first; 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: (a) Who has been found to have committed a violent crime as defined under RSA 169-B:35-a, I(c); (b) Who 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; or (c) Who is subject to the jurisdiction of the court prior to the minor's eighteenth birthday and for whom the department has filed a motion with the court requesting that the court retain jurisdiction under this subparagraph; provided that the department's motion is filed within the 90 days prior to the minor's eighteenth birthday and provided further that the court's jurisdiction pursuant to this subparagraph shall continue until the minor's nineteenth birthday. VI. A minor may be subject to the extended jurisdiction of the court 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. VII. In any instance in which the statute of limitations has not tolled and no juvenile petition has been filed based upon acts committed before the minor's eighteenth birthday, the state may proceed against the person in the criminal justice system after that person's eighteenth birthday.