New Hampshire Revised Statutes 135-E:24 – Time Limits
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I. A court may extend any time limit set forth in this chapter, upon request, for good cause shown.
II. The time limits set forth in this chapter are not intended to be jurisdictional. Failure to comply with a time limit prior to the expiration of the person‘s incarcerative sentence shall not constitute a basis for dismissal of a petition.
III. If the proceedings under this chapter have not been completed by the expiration of the person’s incarcerative sentence, the court shall make a probable cause determination no later than 2 days after the expiration date, pursuant to N.H. Rev. Stat. § 135-E:7. If no such determination is made, the person shall be released. The county attorney or attorney general may file an emergency petition for a probable cause determination. Upon receipt of the emergency petition, the court shall immediately schedule a probable cause hearing. If the court determines that there is probable cause to believe that the person is a sexually violent predator, the person shall be held in an appropriate secure facility for further proceedings under N.H. Rev. Stat. § 135-E:9.
IV. Notwithstanding paragraph III, except as provided in N.H. Rev. Stat. § 135-E:4, no petition shall be filed later than 60 days prior to the person’s release from incarceration, except for good cause shown.
II. The time limits set forth in this chapter are not intended to be jurisdictional. Failure to comply with a time limit prior to the expiration of the person‘s incarcerative sentence shall not constitute a basis for dismissal of a petition.
Terms Used In New Hampshire Revised Statutes 135-E:24
- Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petition: when used in connection with the equity jurisdiction of the superior court, and referring to a document filed with the court, shall mean complaint, and "petitioner" shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
III. If the proceedings under this chapter have not been completed by the expiration of the person’s incarcerative sentence, the court shall make a probable cause determination no later than 2 days after the expiration date, pursuant to N.H. Rev. Stat. § 135-E:7. If no such determination is made, the person shall be released. The county attorney or attorney general may file an emergency petition for a probable cause determination. Upon receipt of the emergency petition, the court shall immediately schedule a probable cause hearing. If the court determines that there is probable cause to believe that the person is a sexually violent predator, the person shall be held in an appropriate secure facility for further proceedings under N.H. Rev. Stat. § 135-E:9.
IV. Notwithstanding paragraph III, except as provided in N.H. Rev. Stat. § 135-E:4, no petition shall be filed later than 60 days prior to the person’s release from incarceration, except for good cause shown.