HB1396 (2006) Detail

Relative to competency of juvenile offenders.






AN ACT relative to competency of juvenile offenders.

SPONSORS: Rep. Knowles, Straf 6; Rep. B. Richardson, Ches 5; Rep. Tholl, Coos 2; Sen. Roberge, Dist 9; Sen. Foster, Dist 13; Sen. Fuller Clark, Dist 24; Sen. Burling, Dist 5

COMMITTEE: Children and Family Law


This bill allows the court to order a juvenile who has been found incompetent for a trial or hearing to undergo treatment to attempt to restore the juvenile to competency.

This bill was requested by the department of justice.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.




In the Year of Our Lord Two Thousand Six

AN ACT relative to competency of juvenile offenders.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Delinquent Children; Determination of Competence. Amend RSA 169-B:20 to read as follows:

169-B:20 Determination of Competence. Any minor before the court shall, at the discretion of the court, together with parents, guardian or person with custody or control submit to a mental health evaluation to be completed within 60 days, by an agency other than the Philbrook center, approved by the commissioner of health and human services, a psychologist licensed in New Hampshire, or a qualified psychiatrist, provided that the evaluation may be performed by the Philbrook center only upon receiving prior approval for such evaluation from the commissioner of the department of health and human services or designee. A written report of the evaluation shall be given to the court before the hearing on the merits is held. The court shall inform the parents, guardian, or counsel of the minor of their right to object to the mental health evaluation. They shall object in writing if they so desire to the court having jurisdiction of the matter within 5 days after notification of the time and place of the evaluation, and the court shall hold a hearing to consider the objection prior to ordering the evaluation or, upon good cause shown, may excuse the minor, parents, guardian, or person in custody or control from the provisions of this section. Whenever such an evaluation has been made for consideration at a previous hearing, it shall be jointly reviewed by the court and the evaluating agency before the case is heard. The evaluation facility, agency or individual shall keep records; but no reports or records of information contained in the reports shall be made available, other than to the court and parties, except upon the written consent of the person examined or treated and except as provided in RSA 169-B:35. The expense of such evaluation is to be borne as provided in RSA 169-B:40. If, after hearing, the court determines that the minor is not competent, the court shall follow the procedures set forth in RSA 135:17-a, for restoring the minor to competency.

2 Effective Date. This act shall take effect January 1, 2007.


HB1396 at GenCourtMobile

Action Dates

Date Body Type

Bill Text Revisions

HB1396 Revision: 9671 Date: Jan. 21, 2010, midnight