Senate committee backs bill to resolve detention placement when juveniles turn 18

Senator Victoria Sullivan introduced SB 413, which the Department of Health and Human Services requested to address an identified gap in RSA 169-B. The bill seeks to clarify detention placement rules for alleged delinquent minors who reach 18 while adjudicatory proceedings are pending.

Susan Larrabee, DCYF general counsel, told the committee the proposal stems from a 2024 New Hampshire Supreme Court opinion arising from a case in which a 17-year-old charged with serious offenses remained in secure detention, turned 18 during an extended certification process, and was transferred to an adult correctional facility. Larrabee said the detention statute does not expressly reference age in the way the committal statute does and that the bill would align detention with the committal statute so both would cease at 18.

"In this holding, the Supreme Court looked at the procedural and factual history of this case," Larrabee said, adding she had copies of the published opinion for committee members. The department framed the change as restoring statutory consistency and protecting youth by avoiding housing minors with adults in secure facilities.

Committee members made a motion in executive session that SB 413 "ought to pass." The motion was seconded and carried by voice vote; the chair indicated SB 413 will go on the consent calendar. The committee did not record a roll-call tally in the hearing transcript.

The bill references RSA chapter 169 and a published 2024 Supreme Court opinion cited by the department. The next step is placement on the Senate consent calendar and subsequent chamber consideration.