CHAPTER 183
HB 295 – FINAL VERSION
2009 SESSION
09/01
HOUSE BILL 295
AN ACT relative to mental health treatment for members of the armed forces and veterans convicted of crimes.
SPONSORS: Rep. Baldasaro, Rock 3; Rep. Welch, Rock 8; Rep. Hogan, Hills 25; Rep. Headd, Rock 3; Rep. Villeneuve, Hills 18; Sen. Carson, Dist 14; Sen. Letourneau, Dist 19; Sen. Barnes, Jr., Dist 17
COMMITTEE: State-Federal Relations and Veterans Affairs
This bill requires a court, as part of the presentence investigation, to consider treatment options available to defendants convicted of a crime who are members of the armed forces or veterans and have been diagnosed as mentally ill.
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
09-0261
09/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to mental health treatment for members of the armed forces and veterans convicted of crimes.
Be it Enacted by the Senate and House of Representatives in General Court convened:
183:1 Presentence Investigation. Amend RSA 651:4, I to read as follows:
I. No person convicted of a felony and no person convicted of a felony or misdemeanor who is a member or veteran of the armed forces, shall be sentenced before a written report of a presentence investigation has been presented to and considered by the court, unless waived by defendant and the state, or by the court. The court may, in its discretion, order a presentence investigation for a defendant convicted of a misdemeanor; provided that, upon the recommendation of the prosecution, the court shall order a presentence investigation report where the misdemeanor was violent and the court has reason to believe that the defendant committed a similar act within the past year. The report shall include a recommendation as to disposition, together with reference to such material disclosed by the investigation as supports such recommendation.
183:2 New Section; Presentence Investigation of Members and Veterans of the Armed Forces. Amend RSA 651 by inserting after section 4-a the following new section:
651:4-b Presentence Investigation of Members and Veterans of the Armed Forces.
I. When a defendant appears in court and is convicted of a crime, the court shall inquire whether the defendant is currently serving in or is a veteran of the armed forces.
II. If the defendant is currently serving in the armed forces or is a veteran and has been diagnosed as having a mental illness by a qualified psychiatrist or clinical psychologist or physician, the court may:
(a) Order that the person preparing the presentence investigation report under RSA 651:4, I consult with the United States Department of Veterans Affairs, the adjutant general, the state veterans council, or another agency or person with suitable knowledge or experience, for the purpose of providing the court with information regarding treatment options available to the defendant, including federal, state, and local programming; and
(b) Consider the treatment recommendations of any diagnosing or treating mental health professionals together with the treatment options available to the defendant in imposing sentence.
183:3 Effective Date. This act shall take effect January 1, 2010.
Approved: July 13, 2009
Effective Date: January 1, 2010