Revision: Dec. 16, 2011, midnight
SB 270 – AS INTRODUCED
2012 SESSION
04/01
SENATE BILL 270
AN ACT relative to civil commitment of persons found incompetent to stand trial.
SPONSORS: Sen. Bradley, Dist 3; Sen. Barnes, Jr., Dist 17; Sen. Lambert, Dist 13; Sen. Boutin, Dist 16; Sen. Luther, Dist 12; Rep. Swinford, Belk 5; Rep. Charron, Rock 7; Rep. Villeneuve, Hills 18; Rep. Fields, Belk 2
This bill requires that any person who is charged with murder, manslaughter, or aggravated felonious sexual assault and is found to be incompetent to stand trial shall not be discharged from the treatment facility.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
12-2835
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twelve
AN ACT relative to civil commitment of persons found incompetent to stand trial.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Hampshire Hospitals and Insane Persons. Amend RSA 135:17-b to read as follows:
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, pursuant to RSA 630:1, I-a[,] or I-b, manslaughter pursuant to RSA 630:2, or aggravated felonious sexual assault pursuant to RSA 632-A, 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 absolutely, the department of health and human services shall immediately notify the attorney general, who shall notify the family of the victim, or the victim of aggravated felonious sexual assault if an adult, and the law enforcement agency in the community to which the person is being discharged. For purposes of this section, discharge shall include the initial authorization by the administrative review committee of New Hampshire hospital to allow a person to leave the grounds of the hospital unaccompanied by a hospital staff member] shall not be granted absolute discharge or conditional discharge, as those terms are defined in RSA 135-C:2.
2 Nonemergency Voluntary Admissions; Custody Prior to Hearing. Amend RSA 135-C:39, I(c)-(d) to read as follows:
(c) The person is already in the custody of the department due to admission for treatment on an involuntary basis; [or]
(d) The person is in custody in the criminal justice system pursuant to RSA 135:17-a, I; or
(e) The person has been charged with murder, pursuant to RSA 630:1, I-a or I-b, manslaughter, or aggravated felonious sexual assault, and found incompetent to stand trial pursuant to RSA 135:17-a.
3 Effective Date. This act shall take effect 60 days after its passage.