SUPERIOR COURT ADMINISTRATIVE ORDER NUMBER 26

Under authority conferred by the New Hampshire Supreme Court, the following Administrative Order is issued.

Effective this date, the following procedures are to be followed with respect to the interaction between the Superior Court and the Department of Corrections.

Whenever a defendant is sentenced to confinement at the N.H. State Prison, the Clerk's Office shall arrange for a Sheriff or Deputy Sheriff to deliver the Return/Mittimus, in hand, to the prison when the defendant is delivered to the facility. A return from Superior Court for all other cases concerning that offender, regardless of the disposition (suspended, probation, nol pros, not guilty), which were disposed of on that same day, shall be sent to the prison within seven days thereafter.

Whenever any disposition is entered on any pending case and there is reason to believe that the defendant is presently serving a state prison sentence (brought from prison or general knowledge) regardless of whether the stand-committed sentence was imposed by that Court or a different Court, a return from Superior Court for those cases will be sent to the N.H. State Prison within seven days.

Upon application for parole or prior to the release of any offender from the N.H. State Prison (completion of maximum term or otherwise) the Department of Corrections will obtain a complete record check for that individual (Department of Safety, NCIC) and will obtain complete dispositions for all charges that appear on the offender's record for which they do not have an official return. The Superior Court will provide a copy of any return from Superior Court upon request of the Department.

Where a defendant is not sentenced to confinement to the N.H State Prison and there is no reason to believe he is presently serving a state prison sentence, the Court should not send returns to the prison. Similarly, the Court shall not be required to research and send old dispositions entered prior to the imposition of a sentence of confinement.

The paperwork forwarded to the prison should contain the return and charging document (indictment, complaint, information).

All PSIs written by the Department of Corrections' personnel will be sent to the prison by the District Office. The Court is no longer required to send the PSI. All paper work that is currently being sent to the district offices should continue to be sent.

 

Dated

Joseph P. Nadeau, Chief Justice