Bill Text - HB1133 (2010)

(3rd New Title) relative to the duration of involuntary emergency admissions and relative to persons with mental illness and the corrections system.


Revision: July 15, 2010, midnight

CHAPTER 293

HB 1133 – FINAL VERSION

05/12/10 1946s

05/12/10 2031s

2010 SESSION

10-2057

01/09

HOUSE BILL 1133

AN ACT relative to the duration of involuntary emergency admissions and relative to persons with mental illness and the corrections system.

SPONSORS: Rep. Shurtleff, Merr 10

COMMITTEE: Judiciary

AMENDED ANALYSIS

This bill:

I. Clarifies the duration of involuntary emergency admissions.

II. Allows certain persons to be notified if a person found incompetent to stand trial and civilly committed is released into the community.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

05/12/10 1946s

05/12/10 2031s

10-2057

01/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Ten

AN ACT relative to the duration of involuntary emergency admissions and relative to persons with mental illness and the corrections system.

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

293:1 Involuntary Emergency Admissions; Notice. Amend RSA 135-C:30, V to read as follows:

V. That involuntary emergency admission cannot exceed a period of 10 days, not including Saturdays and Sundays, unless the period is extended pursuant to RSA 135-C:32.

293:2 Involuntary Emergency Admissions; Hearing. Amend RSA 135-C:31, II and III to read as follows:

II. The person sought to be admitted or the petitioner may request a continuance of the probable cause hearing. Such requests shall be granted only for good cause but in no case shall continuance be granted for more than 2 days. Any continuance granted for good cause shall not extend the [10-day] period of involuntary emergency admission.

III. The person sought to be admitted may, in writing, waive the probable cause hearing required under this section. Such waiver shall state that the person sought to be admitted has made an informed decision to waive the probable cause hearing and that he or she understands that such a waiver shall result in his or her admission on an emergency basis for a period not to exceed 10 days, not including Saturdays and Sundays, except as specified in RSA 135-C:32. The waiver shall be executed before a justice of any district or municipal court. If the person sought to be admitted is found by the court to be incapable of making an informed decision to waive probable cause, then the waiver may be executed by that person’s attorney subject to the review of the court.

293:3 Period of Involuntary Emergency Admission. Amend RSA 135-C:32 to read as follows:

135-C:32 Ten-Day Limitation; Petition for Involuntary Admission. No person shall be admitted for an involuntary emergency admission under RSA 135-C:27-33 for longer than a 10-day period, not including Saturdays and Sundays, unless a subsequent petition for involuntary emergency admission which contains allegations of specific acts or actions which occurred subsequent to the initial involuntary emergency admission is completed and the admission is ordered by a physician or A.P.R.N., as defined in RSA 135-C:2, II-a, in accordance with RSA 135-C:28, or unless a petition requesting a judicial hearing on the issue of involuntary admission under RSA 135-C:34-54 has been filed with the appropriate probate court within the involuntary admission period. Upon the filing of the petition with the probate court, the period of involuntary emergency admission may be extended until the issuance of the order of the probate court pursuant to RSA 135-C:45.

293:4 New Section; Notification Authorized. Amend RSA 135 by inserting after section 17-a the following new section:

135:17-b Notification Authorized. Notwithstanding any provision of law to the contrary, in the event that a person who has been charged with murder, found incompetent to stand trial pursuant to RSA 135:17-a, and civilly committed pursuant to RSA 135-C, is discharged to the community, either conditionally or otherwise, the department of health and human services shall immediately notify the attorney general, who shall notify the family of the homicide victim and the law enforcement agency in the community to which the person is being discharged.

293:5 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 13, 2010

Effective Date: September 11, 2010

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