SB54 (2009) Detail

Eliminating the reference to per diem compensation of probate judges presiding over involuntary admissions hearings.


CHAPTER 133

SB 54 – FINAL VERSION

2009 SESSION

09-0942

09/03

SENATE BILL 54

AN ACT eliminating the reference to per diem compensation of probate judges presiding over involuntary admissions hearings.

SPONSORS: Sen. Reynolds, Dist 2; Rep. Cote, Hills 23

COMMITTEE: Judiciary

ANALYSIS

This bill eliminates the reference to per diem compensation of probate judges presiding over involuntary admissions hearings.

This bill was requested by the supreme court.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

09-0942

09/03

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

AN ACT eliminating the reference to per diem compensation of probate judges presiding over involuntary admissions hearings.

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

133:1 Mental Health Services; Involuntary Admissions; Jurisdiction. Amend RSA 135-C:20, II to read as follows:

II. For proceedings under RSA 135-C:34-54, jurisdiction is vested in the probate court in the county where the person sought to be admitted resides or is detained. For a client who is subject to an order for involuntary admission under this chapter, jurisdiction for a hearing held pursuant to this chapter is vested in the probate court for the county where the receiving facility that has been treating the client most recently is located, unless the court making the initial involuntary admission order has specifically retained jurisdiction over such person. [The probate court judge who presides at hearings held pursuant to this chapter shall be reimbursed at the same per diem rate as court appointed referees in superior court pursuant to RSA 519:15.]

133:2 Competence To Stand Trial; Involuntary Admission; Jurisdiction. Amend RSA 171-B:1 to read as follows:

171-B:1 Jurisdiction. For proceedings under this chapter, jurisdiction is vested in the probate court in the county where the person sought to be admitted resides or is detained. For a person who is subject to an order for involuntary admission under this chapter, jurisdiction for a hearing held pursuant to this chapter is vested in the probate court for the county wherein the person is receiving services or where the receiving facility that has custody of the person is located, unless the court making the initial involuntary admission order has specifically retained jurisdiction over such person. [The probate court judge who presides at hearings held pursuant to this chapter shall be reimbursed at the same per diem rate as court appointed referees in superior court pursuant to RSA 519:15.]

133:3 Effective Date. This act shall take effect upon its passage.

Approved: June 29, 2009

Effective Date: June 29, 2009