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Circuit Court District Division Rules Table of Contents

RULES OF THE CIRCUIT COURT OF THE STATE OF NEW HAMPSHIRE -- DISTRICT DIVISION

CRIMINAL RULES

Rule 2.17. Probation reports.


    A. In criminal cases, the reports of probation officers will not be examined by the Court nor their contents disclosed to anyone until the defendant has pleaded guilty or nolo contendere or until he has been found guilty. Before the passing of sentence, the substance of his probation report will be revealed to counsel for the defendant and for the State by the Court, and both will be afforded a reasonable opportunity to rebut any material matter contained therein which might bear on sentence. The Court may withhold the identity of the sources of information on which such report is based. No report shall be shown to anyone not mentioned in this rule without permission of the Court.

  
B. The terms and conditions of probation, unless otherwise prescribed, shall be as follows:
    
        The probationer shall:

        (a) Report to the probation or parole officer at such times and places as directed, comply with the probation or parole officer's instructions, and respond truthfully to all inquiries from the probation or parole officer;

        (b) Comply with all orders of the Court, board of parole or probation or parole officer, including any order for the payment of money;

        (c) Obtain the probation or parole officer's permission before changing residence or employment or traveling out of State;

        (d) Notify the probation or parole officer immediately of any arrest, summons or questioning by a law enforcement officer;

        (e) Diligently seek and maintain lawful employment, notify probationer's employer of his or her legal status, and support dependents to the best of his or her ability;

        (f) Not receive, possess, control or transport any weapon, explosive or firearm, or simulated weapon, explosive, or firearm;

        (g) Be of good conduct, obey all laws, and be arrest-free;

        (h) Submit to reasonable searches of his or her person, property and possessions as requested by the probation or parole officer and permit the probation or parole officer to visit his or her residence at reasonable times for the purpose of examination and inspection in the enforcement of the conditions of probation or parole;

        (i) Not associate with any person having a criminal record or with other individuals as directed by the probation or parole officer unless specifically authorized to do so by the probation or parole officer;

        (j) Not indulge in the illegal use, sale, possession, distribution, or transportation, or be in the presence, of controlled drugs, or use alcoholic beverages to excess;

        (k) Agree to waive extradition to the State of New Hampshire from any State in the United States or any place and agree to return to New Hampshire if directed by the probation or parole officer; and

        ( l ) Comply with such of the following, or any other, special conditions as may be imposed by the Court, the parole board or the probation or parole officer:

            (1) Participate regularly in Alcoholics Anonymous to the satisfaction of the probation or parole officer;

            (2) Secure written permission from the probation or parole officer prior to purchasing and/or operating a motor vehicle;

            (3) Participate in and satisfactorily complete a specific designated program;

            (4) Enroll and participate in mental health counseling on a regular basis to the satisfaction of the probation or parole officer;

            (5) Not be in the unsupervised company of minors of one or the other sex at any time;

            (6) Not leave the county without permission of the probation or parole officer;

            (7) Refrain totally from the use of alcoholic beverages;

            (8) Submit to breath, blood or urine testing for abuse substances at the direction of the probation or parole officer; and

            (9) Comply with designated house arrest provisions.

    C. The Court may impose all or part of the above conditions as well as other terms or conditions.

    D.  In juvenile cases, the Court may place a juvenile on conditional release under the supervision of a Juvenile Probation and Parole Officer (JPPO).  The terms and conditions of release, unless otherwise prescribed by the Court, shall be as follows:

        (a)  You shall comply with all orders of the Court.

        (b)  You shall be of good behavior and remain arrest free, obey all laws and cooperate with your parent(s) or custodian at all times.

        (c)  You shall, if under 16 years of age, attend school full-time and follow all school rules.

        (d)  You shall, if 16 years of age or older, either be lawfully employed or actively engaged in an employment plan approved by your JPPO or attend school full-time and follow all school rules.  If attending school only part-time, you shall also be lawfully employed or actively engaged in an employment plan approved by your JPPO.

        (e)  You shall not consume or possess alcoholic beverages or controlled drugs or any substance or thing determined to be contraband by your JPPO.

        (f)  You shall submit to random drug testing as ordered by the Court.

        (g)  You shall attend, and meaningfully participate in, all treatment and counseling as ordered by the Court.

        (h)  You shall not possess, transport, control or receive any weapon, explosive device, or firearm.

        (i)  You shall report to your JPPO at such times and places as directed by your JPPO.

        (j)  You shall immediately notify your JPPO of any arrest, summons, or questioning by a law enforcement officer.

        (k)  You shall report any change of address, telephone number, school status, or employment to your JPPO within 24 hours.

        ( l)  You shall submit to reasonable searches as requested by your JPPO of your person, property, possessions, vehicle(s), school locker(s), bags, containers, or any other items under your custody, care, or control.

        (m)  You shall submit to visits by your JPPO to your residence and to examinations and searches of your room in the enforcement of your conditions of release.

        (n)  You shall regularly report your earnings to your JPPO and be in compliance with your specified budget as approved by your JPPO.

        (o)  You shall not associate with any person or be at any place in violation of Court orders or the directives of your JPPO.

        (p)  You shall not leave the State of New Hampshire for longer than 24 hours without advance written permission from your parent(s) or guardian or those having legal custody of you.  You shall provide your JPPO with said written permission within 24 hours of receipt of said written permission.

        (q)  You shall also obtain a Travel Permit when required by the Interstate Compact on Juveniles and AJCA Rules regarding out-of-state travel.

        (r)  You shall agree to return to the State of New Hampshire from any State in the United States or any other place voluntarily and without formality as directed by the Court or your JPPO.

        (s)  You shall comply with designated curfew/home restriction provisions.

        (t)  The Court may impose all or part of the above conditions as well as other terms and conditions.

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