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NHCLU Wins Suspension of
DNA Collection from Juveniles
A challenge from staff attorney Barbara Keshen resulted in a suspension of mandatory submission of DNA samples by many New Hampshire juvenile offenders.
The New Hampshire Department of Health and Human Services has agreed to cease collection of DNA from juveniles found delinquent for the commission of specified violent crimes, and will collect DNA samples only from juveniles found delinquent of certain sexual assaults.
The Department has asked the Office of the Attorney General to provide an opinion on the legality of the challenged practice.
The NHCLU believes that New Hampshire law is clear: DNA samples are required of all adults convicted of certain violent crimes and of specified sexual crimes. Juvenile offenders are required to submit DNA samples only if found delinquent for three categories of sexual assault.
We await the opinion from the Attorney General. We will keep you informed of any additional legal action that may be required.
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Barbara Keshen, NHCLU Staff Attorney filed this Amicus Brief in support of Green Mountain Realty. Click on the link to read the brief.
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Ordinance Challenged by NHCLU
On October 1, 2008 staff attorney Barbara Keshen moved to declare the sex offender registration ordinance in Dover unconstitutional. Attorney Keshen argued the motion in Dover District Court on behalf of registered sex offender Richard Jennings.
An expert witness for the NHCLU testified that these ordinances do not protect children and in fact make a community less safe for children.
None of the studies done on this issue support the restrictions or find that such ordinances prevent crime. According to Keshen, "In fact, the evidence indicates that these ordinances can force offenders underground and separate offenders from their families and support network."
When the ordinance was enacted in 2006, there were 35 sex offenders living in Dover. Now there are only 17 offenders registered. "What happened to those 18 offenders?" Keshen asked. They may be living in Dover but unregistered."
The NHCLU and the City of Dover may file additional information with the court by October 20th. Judge Mark Weaver will then decide the case, probably in November.
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