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NEW HAMPSHIRE STATUTES AND CODES

Section 135-E:24 Time Limits.


   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 RSA 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 RSA 135-E:9.
   IV. Notwithstanding paragraph III, except as provided in RSA 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.

Source. 2009, 306:9, eff. July 31, 2009.

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