HB 621 – AS AMENDED BY THE HOUSE
24Mar2009… 0846h
2009 SESSION
04/01
HOUSE BILL 621
AN ACT relative to establishing procedures for identifying criminal defendants who may have a mental illness.
SPONSORS: Rep. Hamm, Merr 4; Rep. Rosenwald, Hills 22; Rep. Schulze, Hills 26; Rep. Batula, Hills 19; Rep. Charron, Rock 7; Sen. Cilley, Dist 6
COMMITTEE: Criminal Justice and Public Safety
This bill:
I. Allows a county correctional facility to request a pre-trial examination of a person being held at such facility.
II. Requires the interbranch criminal and juvenile justice council to establish mental illness screening procedures.
III. Creates new procedures for the appointment of counsel for a person with a mental illness.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular kind
24Mar2009… 0846h
09-0595
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to establishing procedures for identifying criminal defendants who may have a mental illness.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Commitment to Hospitals; Competency. Amend RSA 135:17, I to read as follows:
I.(a) When a person is charged or indicted for any offense, or is bound over by any district [or municipal] or superior court to await the action of the grand jury, the district or superior court before which he or she is to be tried, if a plea of insanity is made in court, or said court is notified by either party that there is a question as to the competency or sanity of the person, may make such order for a pre-trial [psychiatric] examination of such person by a psychiatrist on the staff of any public institution or by a private psychiatrist as the circumstances of the case may require, which order may include, though without limitation, examination at the secure psychiatric unit on an out-patient basis, the utilization of local mental health clinics on an in- or out-patient basis, or the examination of such person, should he or she be incarcerated for any reason, at his or her place of detention by psychiatrists assigned to a state or local mental health facility. Such pre-trial examination shall be completed within 60 days after the date of the order for such examination, unless either party requests an extension of this period.
(b) In cases where the person is being held at a county correctional facility, the facility may request a pre-trial examination of such person for the purpose of determining if the person is competent to stand trial. Such request shall be reviewed, and a decision rendered by the district or superior court before which he or she is to be tried.
(c) In cases where the person is incarcerated and a pre-trial examination has not been performed within 30 days of the court’s order, the court shall, upon request of the person, order an evaluation by a qualified psychiatrist or psychologist. The court shall favorably consider a request that the psychiatrist or psychologist be treated as a defense expert who shall be compensated pursuant to RSA 604-A:6.
(d) In cases where the person is incarcerated and an examination has not been performed, the court before which he or she is to be tried shall review the person’s bail status on a monthly basis.
2 Interbranch Criminal and Juvenile Justice Council; Development of Mental Health Screening Procedures.
I. The interbranch criminal and juvenile justice council (ICJJC) established in RSA 651-E shall develop procedures for the identification of a criminal defendant who may have a mental illness, estimate the cost of implementing the procedures, and make recommendations for the best method of implementing the procedures. The procedures shall:
(a) Establish a mechanism for determining which criminal defendants will be subjected to an assessment.
(b) Establish a mechanism to ensure that a defendant’s participation in an assessment is voluntary.
(c) Provide for the assessment of psychological or behavioral conditions that may indicate a need for emergency intervention, treatment during incarceration, referral for community services, or an evaluation for competency to stand trial.
(d) Provide that such assessment may be conducted using simplified instruments.
(e) Ensure that the results of the screening shall be provided to defense counsel immediately upon availability.
(f) Provide that the results of the screening shall not be accessible by law enforcement agencies, the prosecuting attorney, or the public, and may not be used during the trial or sentencing of any criminal defendant.
II. The ICJJC shall prepare a written report detailing the procedures and other findings required under paragraph I, and shall submit such report to the speaker of the house of representatives, the president of the senate, the chief justice of the New Hampshire supreme court, the governor, the house clerk, and the senate clerk, no later than one year from the effective date of this section.
3 New Paragraph; Adequate Representation for Indigent Defendants; Appointment of Counsel. Amend RSA 604-A:2 by inserting after paragraph III the following new paragraph:
IV.(a) The court shall review any information available to it regarding the defendant’s mental condition and shall require the state to disclose any information as to the defendant’s mental condition. If the court has information indicating the defendant has a mental illness, the court shall act on any application for appointed counsel on the same day as the defendant’s first court appearance. If the application is approved, the court shall, by phone, notify the attorney appointed to represent the defendant and immediately transmit all relevant court documents to the attorney by facsimile or other electronic transmission.
(b) The court shall appoint counsel without formal application if the defendant is without counsel and mental illness appears to be interfering with the defendant’s ability to communicate, understand court proceedings, or to complete a formal application on a timely basis.
(c) If a public defender is appointed, the public defender, upon receiving notification that the defendant may have a mental illness, shall, on the day notice of the appointment is received, designate a specific attorney to represent the defendant.
4 Effective Date.
I. Section 1 of this act shall take effect 60 days after its passage.
II. Section 3 of this act shall take effect 180 days after its passage.
III. The remainder of this act shall take effect upon its passage.