CHAPTER 263
SB 171-FN – FINAL VERSION
03/04/09 0382s
03Jun2009… 1493h
2009 SESSION
01/04
SENATE BILL 171-FN
COMMITTEE: Health and Human Services
This bill permits psychologists to conduct competency evaluations when a plea of insanity is made in court. Current law only allows such examinations to be conducted by psychiatrists.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/04/09 0382s
03Jun2009… 1493h
09-1018
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nine
AN ACT relative to competency evaluations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
263:1 Competency; Commitment for Evaluation. Amend RSA 135:17 to read as follows:
135:17 Competency; Commitment for Evaluation.
I. When a person is charged or indicted for any offense, or is bound over by any district or municipal 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 qualified psychiatrist or psychologist on the staff of any public institution or by a private qualified psychiatrist or psychologist 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 qualified psychiatrists or psychologists 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. For the purposes of this paragraph and RSA 135:17-a, III, “qualified” means board-eligible or board-certified in forensic psychiatry or psychology, or demonstrated competence and experience in completing court-ordered forensic criminal evaluations. A licensed out-of-state psychiatrist or psychologist who meets the definition of qualified may also conduct evaluations under this paragraph and RSA 135:17-a, III.
II. The district or superior court may allow the parties to obtain separate competency evaluations if such request is made and the circumstances require it. The [psychiatric] competency evaluations shall address:
(a) Whether the defendant suffers from a mental disease or defect; and
(b) Whether the defendant has a rational and factual understanding of the proceedings against him or her, and sufficient present ability to consult with and assist his or her lawyer on the case with a reasonable degree of rational understanding.
III. If the [psychiatric] examiner concludes that the defendant is not competent to stand trial under the definition set forth in II(b), the [psychiatric] evaluation shall include the examiner’s findings as to whether there is a course of treatment which is reasonably likely to restore the defendant to competency.
263:2 Competency Hearing; Commitment for Treatment. Amend RSA 135:17-a, III to read as follows:
III. Except for good cause shown, a further hearing to determine the defendant’s competency shall be held no later than 12 months after the order committing the defendant for treatment. The hearing may be held earlier if the court is notified that the defendant has been restored to competency, or that there is no longer a reasonable likelihood of such restoration. Prior to the scheduled hearing, the qualified psychiatrist or psychologist who conducted the initial competency evaluation shall conduct a further evaluation pursuant to RSA 135:17, and furnish a copy of the report of such evaluation to the court and the parties. If that qualified psychiatrist or psychologist is unavailable or unable to conduct such further evaluation, the court may order that the evaluation be conducted by another qualified psychiatrist or psychologist other than the treating qualified psychiatrist or psychologist.
263:3 Effective Date. This act shall take effect upon its passage.
Approved: July 16, 2009
Effective Date: July 16, 2009