NH- Rapists' release prompts unanimous vote

Commentary to follow when amendments to SB 142 are posted.

4-9-2009 New Hampshire:

CONCORD – The New Hampshire Senate yesterday passed a change in state law that would make it easier for the state to hold dangerous sexual offenders after their prison terms are served.

The changes, approved 22-0, were a direct response to the release this month of two child rapists who slipped through cracks in the justice system. Prosecutors had sought hearings that could have kept them behind bars for five more years. Late court rulings on those petitions cost the state both the cases.

The New Hampshire Supreme Court ruled unanimously in March that because court actions in the case of sex offender Raymond K. Fournier were not taken within strict time frames specified by law, the state lost its right to hold the men beyond their prison sentences.

Associate Attorney General Ann Rice said the court decision in Fournier's case, "said if one of those time frames is not met, regardless of how it happened, the petition to civilly commit must be dismissed."

The ruling meant the state was required to free Fournier and fellow inmate Richard Hilton within the past week. Neither man completed sex offender treatment programs, corrections officials said this week. They both served their full sentence and are not subject to parole.

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Gov. John Lynch applauded the Senate's quick action and called the release of Fournier and Richard Hilton unacceptable.

"We have one of the toughest laws in the nation to ensure that our families and children are safe from sexual predators," Lynch said.

Sen. Deborah Reynolds, D-Plymouth, worked with the Attorney General's Office in sponsoring the bill changes in Senate Bill 142.

"It gives us more flexibility, and allows us more time to detain these defendants," Reynolds said.

The bill would allow prosecutors to file for emergency petitions if time lines slip too far. The court would then have to schedule a probable cause hearing immediately.

If the court determines that there is evidence that the inmate is a sexually dangerous predator, it would be required to order him held in a secure setting pending further court action.

Beyond holding a person behind bars, the bill allows the state to petition to bring someone back in for a civil commitment hearing within six months after their release, Reynolds said.

Current law gives a judge 10 days to issue a ruling on whether there is probable cause to hold an inmate beyond his sentence. In the Fournier and Hilton cases, judges found there was cause, but the ruling was well beyond the 10-day period the law requires.

Superior Court Chief Justice Robert Lynn this week sent a memo to all judges in the system outlining exactly what is required of them. Lynn this week said Hillsborough County Attorney Marguerite Wageling "may bear some responsibility for failing to raise an alert."

Attorney General Kelly Ayotte defended Wageling yesterday.

"It was the court's responsibility to meet the deadlines once the county attorney filed the petition in accordance with the law," Ayotte said.

"The county attorney complied with the law and met all the deadlines in terms of filing the petitions within the appropriate time."

She said her office, county prosecutors and defense attorneys conducted training and information sessions for the courts when the law first passed. ..News Source.. by TOM FAHEY, State House Bureau Chief