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The following was written by: By Brennan Lenehan Iacopino & Hickey |June 23, 2016

 

NH SENATE BILL 468

On June 6, 2016 Governor Hassan signed Senate Bill (SB) 468. SB 468 provides that any “tier II or tier III offender who was convicted prior to the establishment of the sex offender registry may petition the court to be relieved from the registration requirements . . .” It appears that the Legislature believes that 1992 is the year in which the sex offender registry was established. This means that tier 2 and tier 3 offenders who were convicted prior to January 1, 1993 can file a petition to be relieved of the registration requirements of the NH Sex Offender Registry.

 

SB 468 is the New Hampshire Legislature’s response to the New Hampshire Supreme Court’s decision in John Doe v. State. In Doe the Court decided that certain aspects of the NH Sex Offender Registry violate the constitutional prohibition against retrospective and ex post facto laws. In other words lifetime sex offender registration is an unfair punishment for some former sex offenders convicted before the registry laws were enacted. However the Court did not provide clear guidance for a process for relief. In fact the Court strongly suggested that the legislature provide a process. SB 468 is the result.

The relief available under SB 468 is valid in New Hampshire only. If an offender moves to a different state he/she must still follow federal law and the laws of the state to where the offender moves.

 

THE SB 468 PETITION

An offender seeking relief under SB 468 must file a petition for relief in the Superior Court where the most recent predicate conviction occurred, except if the most recent predicate conviction occurred in another state or jurisdiction, the petition shall be filed in the county where the petitioner resides. A petition for relief starts a civil proceeding before the court. A petitioner must pay the required filing fee. As with all civil actions the petitioner is responsible for the payment of his or her own attorney fees. The court will not appoint counsel.

The petition must specify the following information:

Each petition must be accompanied by the following:

THE SB 468 PROCESS

Relief from registration is not a foregone conclusion even if the petitioner has provided all of the information required by the law. The court must hold a hearing and allow input from the state and victims.

Before granting any petition for relief the Superior Court is required to:

At the hearing on the petition for relief the Court must:

WILL MY SB 468 PETITION BE GRANTED?

There is no guarantee that the court will grant a petition even if the petitioner has provided all of the information required by the law and has been of good behavior. The ultimate determination that the court must make is whether the petitioner is no longer a danger to the public and no longer poses a risk that justifies continued registration.

The Court may grant the Petition for relief if:

If the Court denies the petition for relief the petitioner may not file another petition for 5 years.

 

What If I Was Convicted After January 1, 1993?

The amendments contained in SB 468 apply to any Tier 2 or Tier 3 offenders who were convicted “prior to the establishment of the sex offender registry.” The legislative history suggests that the Legislature was referring to legislation establishing the registry in 1992. See 2016 House Calendar 24, p. 7.

However, the statute governing the sex offender registry was repealed in 1996 and a new statute was enacted. Following that the statute has been substantially amended over time. A good history of the amendments to the statute is contained in the John Doe Case. Persons who were convicted after January 1, 1993, should not shy away from filing a petition and seeking relief similar to that which the Court provided to John Doe.

 

Do I Need A Lawyer To Seek Relief?

As with any civil action you are not required to hire a lawyer to seek relief under the amendments contained in SB 468. However, it is highly advisable that you hire a lawyer. In hiring a lawyer you should seek out someone who is experience with sex offense cases and with the New Hampshire Sex Offender Registry.

 

Citizens for Criminal Justice Reform is a non profit organization and therefore cannot recommend any for profit attorneys.  You can contact NH Legal Aid, call the NH Bar Association for recommendations, or ask friends, family and other registrants who may have recommendations for criminal attorneys they have used.

 

TITLE LXII
CRIMINAL CODE

CHAPTER 651-B
REGISTRATION OF CRIMINAL OFFENDERS

Section 651-B:6

http://www.gencourt.state.nh.us/rsa/html/LXII/651-B/651-B-6.htm

    651-B:6 Duration of Registration. –
I. All tier II or tier III offenders shall be registered for life.

II. All tier I offenders 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.
III. (a)(1) Except as provided in paragraph V, all tier III offenders shall remain on the public list contained in RSA 651-B:7 for life.

(2) A tier II offender may petition the superior court to have his or her name and information removed from the public list. The petition shall not be filed prior to the completion of all the terms and conditions of the sentence and in no case earlier than 15 years after the date of release. The petition shall be accompanied by a risk assessment prepared by a qualified psychiatrist or psychologist at the offender's expense. The court may grant the petition if the offender has not been convicted of any felony, class A misdemeanor, sex offense, or offense against a child, has successfully completed any periods of supervised release, probation, or parole, and has successfully completed an appropriate sex offender treatment program as determined by the court. If the court denies the petition, the offender shall not file another petition for 5 years from the date of denial.

(3) A tier I offender may petition the superior court to have his or her name and other information removed from the public list. The petition shall not be filed prior to the completion of all the terms and conditions of the sentence and in no case earlier than 5 years after the date of release. The petition shall be accompanied by a risk assessment prepared by a qualified psychiatrist or psychologist at the offender's expense. The court may grant the petition if the offender has not been convicted of any felony, class A misdemeanor, sexual offense, or offense against a child, has successfully completed any periods of supervised release, probation, or parole, and has successfully completed an appropriate sex offender treatment program as determined by the court.

(b) 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. 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, or may provide a written statement to reasonably express his or her views concerning the offense, the person responsible, and the need for maintaining the registration 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 registration requirements will assist the individual in the individual's rehabilitation and will be consistent with the public welfare.

IV. Registration of any juvenile required to register pursuant to RSA 651-B:1, XI(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 SOR system and records of the juvenile's registration shall be handled in accordance with RSA 169-B:35 and RSA 169-B:36.

V. (a) Any tier II or tier III offender who was convicted prior to the establishment of the sex offender registry may petition the court to be relieved from the registration requirements under this chapter. The petition shall include the petitioner's current address and information about each conviction for which he or she is required to register, including the nature of the offense, the sentence imposed, and the court and the jurisdiction in which the petitioner was convicted. The petition shall be accompanied by a certified copy of the petitioner's criminal history record from each jurisdiction in which he or she is required to register. The petition shall not be filed prior to the completion of all the terms and conditions of the sentence, including any period of supervised release. The petition shall also be accompanied by a risk assessment prepared by a qualified psychiatrist or psychologist at the offender's expense, which indicates that the petitioner is not a danger to the public and no longer poses a risk sufficient to justify continued registration. The petition shall be filed in the county where the most recent predicate conviction occurred, except if the most recent predicate conviction occurred in another state or jurisdiction, the petition shall be filed in the county where the petitioner resides. Such petition shall not be filed as or addressed as part of a criminal case.

(b) Prior to granting any petition to relieve an offender from the registration requirements under this chapter, the court shall hold a hearing on the petition. The court shall provide notice of the hearing at least 60 days prior to the hearing to the county attorney, the department of safety sex offender unit, and the department of corrections. The county attorney shall use reasonable efforts to notify the victim or victim's family. The court shall permit those parties to be heard on the petition. The victim may appear personally, or through a representative, or may provide a written statement expressing his or her views concerning the offense, the person responsible, and the need for maintaining the registration requirement. The judge shall consider the statements of the victim when making a decision regarding the petition.

(c) The court may grant the petition if the offender has not been convicted of any subsequent offense requiring registration, has successfully completed any period of supervised release, probation, or parole, has successfully completed an appropriate sex offender treatment program as determined by the court, and has demonstrated that he or she is no longer a danger to the public and no longer poses a risk sufficient to justify continued registration. If the court denies the petition, the offender shall not file another petition for 5 years from the date of denial.

Source. 1996, 293:1. 1999, 177:4, 5; 321:3. 2002, 241:2. 2003, 316:9. 2005, 214:6. 2006, 162:3; 327:9, 10. 2008, 334:4, eff. Jan. 1, 2009. 2016, 197:1, 2, eff. June 6, 2016.

 

The receipt or viewing of this information is not intended to create an attorney-client relationship. - See more at: http://brennanlenehan.com/lawyer/2016/06/23/criminal-law/RELIEF-FOR-SEX-OFFENDERS-RETROACTIVELY-ON-THE-NEW-HAMPSHIRE-SEX-OFFENDER-REGISTRY_bl25518.htm#sthash.qpoNYpjo.dpuf

The receipt or viewing of this information is not intended to create an attorney-client relationship. - See more at: http://brennanlenehan.com/lawyer/2016/06/23/criminal-law/RELIEF-FOR-SEX-OFFENDERS-RETROACTIVELY-ON-THE-NEW-HAMPSHIRE-SEX-OFFENDER-REGISTRY_bl25518.htm#sthash.qpoNYpjo.dpuf