Revision: Dec. 10, 2009, midnight
HB 1136 – AS INTRODUCED
2010 SESSION
01/03
HOUSE BILL 1136
AN ACT requiring a report to be sent to the treatment facility on behalf of a person receiving treatment in the state mental health or developmental services system.
SPONSORS: Rep. Shurtleff, Merr 10
COMMITTEE: Health, Human Services and Elderly Affairs
This bill requires the court which commits a person to the state mental health or developmental services system to send a report to the treatment facility on behalf of the person receiving treatment.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
10-2062
01/03
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT requiring a report to be sent to the treatment facility on behalf of a person receiving treatment in the state mental health or developmental services system.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Competency Hearings; Reports Required. Amend RSA 135:17-a by inserting after paragraph VI the following new paragraph:
VII. If the person is committed by order of a district, superior, or probate court to the state mental health services system or developmental services system, the court shall supply to the treating facility copies of all examinations, evaluations, and reports regarding the sanity, competency, or other mental status of the person conducted pursuant to this section and RSA 135:17.
2 Hospitalization; Report of Psychiatric or Psychological Examination. Amend RSA 651:8-b, IV to read as follows:
IV. If, after the hearing, the court finds by clear and convincing evidence that the acquitted person is presently suffering from a mental disease or defect as a result of which his or her release would create a substantial risk of bodily injury to himself or herself or another, or serious damage to the property of another, the court shall commit the person pursuant to the provisions of RSA 651:9-a and RSA 651:11-a. The court shall supply a copy of the report ordered pursuant to paragraph III to the secure psychiatric unit or other treatment facility in which the person is confined. The existence of clear and convincing evidence that a person's release would create a substantial risk of bodily injury to himself or herself or another person or serious damage to the property of another shall be presumed, subject to rebuttal by the acquitted person, where the person has been found not guilty by reason of insanity of an offense involving bodily injury or serious damage to property of another, or substantial risk of such injury or damage.
3 Effective Date. This act shall take effect upon its passage.