CHAPTER 235
SB 51 – FINAL VERSION
03/23/11 0793s
4May2011… 1452h
6/22/11 2516EBA
2011 SESSION
01/04
SENATE BILL 51
AN ACT relative to the establishment of an inter-departmental team to address issues concerning certain adults with developmental disabilities who may present a substantial risk to the community.
SPONSORS: Sen. Merrill, Dist 21; Sen. Kelly, Dist 10; Rep. Shurtleff, Merr 10
COMMITTEE: Health and Human Services
This bill requires the commissioners of the departments of health and human services and corrections, and the attorney general to enter into a memorandum of understanding to establish an inter-departmental team, to address issues concerning certain adults with developmental disabilities who may present a substantial risk to 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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
03/23/11 0793s
4May2011… 1452h
6/22/11 2516EBA
11-1064
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Eleven
AN ACT relative to the establishment of an inter-departmental team to address issues concerning certain adults with developmental disabilities who may present a substantial risk to the community.
Be it Enacted by the Senate and House of Representatives in General Court convened:
235:1 New Paragraph; Inter-Departmental Team. Amend RSA 126-A:5 by inserting after paragraph XIX the following new paragraph:
XX.(a) The commissioners of the departments of health and human services and corrections, and the attorney general shall enter into a memorandum of understanding establishing an inter-departmental team, to address responsibilities associated with the most challenging cases of individuals 18 years of age or older with developmental disabilities or acquired brain disorders who present a substantial risk to community safety as determined by a comprehensive risk assessment appropriate to the individual. The memorandum of understanding shall include a requirement for participation by: the department of health and human services, including the bureau of developmental services, the bureau of behavioral health, the division for children, youth and families, the bureau of drug and alcohol services, the New Hampshire hospital, the department of justice, and the department of corrections. The purpose of the memorandum of understanding is to promote collaboration and cooperation across all services systems to determine and recommend system responsibility for providing and/or funding specific services and supports to effectively meet the needs of the individual and the public safety of the community in accordance with the rules of the respective departments.
(b) Nothing in this paragraph shall abrogate the rights of individuals or responsibilities of agencies under RSA 171-A, RSA 171-B, RSA 137-K, or any other applicable state or federal law.
(c) Any of the departments may refer a case to the team for consideration. In addition, a county house of corrections may refer a case to the team for consideration for individuals determined eligible under RSA 171-A.
(d) The commissioners and the attorney general shall submit an annual report beginning on November 1, 2011 to the president of the senate, the speaker of the house of representatives, and the governor relative to the outcomes and recommendations of the team.
235:2 Contingent Renumbering. If HB 489-FN of the 2011 legislative session becomes law, RSA 126-A, XX as inserted by section 1 of this bill shall be renumbered as RSA 126-A:5, XXI.
235:3 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 5, 2011
Effective Date: September 3, 2011