CHAPTER 274
HB 171 – FINAL VERSION
05/27/09 1752s
2009 SESSION
01/04
HOUSE BILL 171
AN ACT establishing a commission to evaluate mental health courts and establish standards for the operation of mental health courts.
SPONSORS: Rep. Rosenwald, Hills 22; Rep. Batula, Hills 19; Rep. Charron, Rock 7; Rep. Schulze, Hills 26; Rep. Hamm, Merr 4; Sen. Reynolds, Dist 2
This bill establishes a commission to evaluate mental health courts and to establish standards for the operation of mental health courts.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
05/27/09 1752s
09-0505
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT establishing a commission to evaluate mental health courts and establish standards for the operation of mental health courts.
Be it Enacted by the Senate and House of Representatives in General Court convened:
274:1 Commission Established. There is established a commission to evaluate mental health courts and establish standards for the operation of mental health courts.
274:2 Membership and Compensation.
I. The members of the commission shall be as follows:
(a) Two members of the house of representatives, one of whom shall be a member of the house health, human services and elderly affairs committee and one of whom shall be a member of the house criminal justice and public safety committee, appointed by the speaker of the house of representatives.
(b) One member of the senate, who shall be a member of the senate judiciary committee, appointed by the president of the senate.
(c) The commissioner of the department of health and human services, or designee.
(d) A district court judge, appointed by the administrative justice of the district courts.
(e) A prosecutor from a county attorney’s office, appointed by the New Hampshire Association of Counties.
(f) An attorney from the New Hampshire Public Defender, appointed by such agency.
(g) A representative of the Disabilities Rights Center, appointed by the Center.
(h) The chief executive of a community mental health center, appointed by the New Hampshire Community Behavioral Health Association.
(i) A representative of the New Hampshire division of the National Alliance on Mental Illness, appointed by such agency.
(j) A psychiatrist, appointed by the New Hampshire Psychiatric Society.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
274:3 Duties.
I. The commission shall:
(a) Collect, compile, and analyze data from existing mental health courts, if appropriate.
(b) Develop standards for the operation of current and future mental health courts, including but not limited to:
(1) Procedures to ensure competency and voluntary participation.
(2) Eligibility for participation, including qualifying offenses and whether persons are required to plead guilty to participate.
(3) Appropriate sanctions for treatment failure.
(4) Due process protections for participants.
(c) Develop recommendations for the continuation, modification, or termination of any mental health courts currently operating, and regarding the possible establishment of future mental health courts.
II. The scope of the commission’s review shall include, but not be limited to:
(a) Cost effectiveness.
(b) Impact on mental health of participants, public safety, and community treatment resources.
(c) Impact on criminal justice system agencies.
(d) The degree of compulsion used to induce participation by criminal defendants.
274:4 Chairperson; Quorum. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 30 days of the effective date of this section. Five members of the commission shall constitute a quorum.
274:5 Report. The commission shall make an interim report on or before November 1, 2009 and a final report on or before November 1, 2010, together with its findings and any recommendations for proposed legislation, to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library.
274:6 Effective Date. This act shall take effect upon its passage.
Approved: July 29, 2009
Effective Date: July 29, 2009