Bill Text - HB1136 (2010)

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.


Revision: April 23, 2010, midnight

HB 1136 – VERSION ADOPTED BY BOTH BODIES

03Mar2010… 0715h

2010 SESSION

10-2062

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

AMENDED ANALYSIS

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

03Mar2010… 0715h

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. Upon a finding that the defendant is not competent to stand trial, the court, at the competency hearing, shall determine if the competency report shall be available to the receiving facility, as defined in RSA 135-C:26, or the secure psychiatric unit. Before the court determines whether to provide the competency report to the receiving facility or the secure psychiatric unit, the court shall provide the defendant with an opportunity to object. The court shall consider the defendant’s privacy interest in the content of the competency report and the receiving facility’s, or the secure psychiatric unit’s, need to review the competency report for purposes of treatment.

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.