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Committee advances bill clarifying court jurisdiction over juvenile conditional-release violations
Summary
Sen. Victoria Sullivan said SB 412, requested by DHHS, would clarify that courts retain jurisdiction over conditional-release violations filed during the release period so hearings and condition modifications can proceed. The committee voted SB 412 "ought to pass" and placed it on consent.
Senator Victoria Sullivan, the bill—s prime sponsor, opened a hearing on SB 412, which the Department of Health and Human Services requested to clarify the statutory definition of "conditional release." The bill aims to prevent dismissal of violation filings when courts cannot schedule a hearing before a juvenile—s conditional-release period ends.
"As long as the violation is filed within the period of conditional release, the court retains jurisdiction to hear the matter and modify the conditions accordingly," said Susan Larrabee, general counsel and legislative liaison for the Department—s Division for Children, Youth and Families, explaining the department—s view that the amendment aligns with the statutes— purpose of accountability and timely interventions for youth.
Larrabee told the committee there have been inconsistent family-court interpretations that sometimes led to dismissal when a violation could not be heard before the release term expired. The proposed language would allow courts to retain jurisdiction if a violation is filed during the conditional-release period, enabling judges to address alleged breaches and modify conditions as needed.
There were no committee questions during the public hearing. In executive session a motion that SB 412 "ought to pass" was made and seconded; members carried the motion by voice vote and moved the item on consent. The committee did not record a roll-call tally in the transcript.
The bill references provisions in RSA chapter 169 related to juvenile delinquency and conditional release; the Department presented the change as consistent with statutory goals of accountability and rehabilitative services. The committee placed the bill on consent; the next procedural step is for the Senate to consider the consent calendar per chamber rules.
