Revision: Jan. 6, 2016, midnight
\t \t\tSB 477-FN - AS INTRODUCED
2016 SESSION
\t16-2796
\t01/05
SENATE BILL\t477-FN
AN ACT\trelative to nonemergency involuntary admissions.
SPONSORS:\tSen. Carson, Dist 14; Sen. Reagan, Dist 17; Sen. Bradley, Dist 3; Rep. MacKay, Merr. 14
COMMITTEE:\tHealth and Human Services
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ANALYSIS
\tThis bill requires court notification to receiving facilities for involuntary admission to the mental health services system. This bill also establishes hearings for persons admitted to receiving facilities for failure to submit to court-ordered outpatient treatment.
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Explanation:\tMatter added to current law appears in bold italics.
\t\tMatter removed from current law appears [in brackets and struckthrough.]
\t\tMatter which is either (a) all new or (b) repealed and reenacted appears in regular type.
\t16-2796
\t01/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Sixteen
AN ACT\trelative to nonemergency involuntary admissions.
Be it Enacted by the Senate and House of Representatives in General Court convened:
\t1 Nonemergency Involuntary Admissions; Copies of Petition. Amend RSA 135-C:38 to read as follows:
\t135-C:38 Copies of Petition. Subsequent to receipt of the petition for involuntary admission, the clerk shall, within 2 days of receipt of the petition, forward 2 copies to the person sought to be admitted with notice to the appropriate receiving facility.
\t2 Nonemergency Involuntary Admissions; Order of the Court. Amend RSA 135-C:45, II to read as follows:
\t\tII. In any order of admission to a receiving facility, the court shall include in the duration of said order an appropriate period of time, if any, to allow for conditional discharge. Admission for purposes of conditional discharge shall be appropriate when the person has recovered from his mental illness to such an extent that he no longer requires inpatient treatment but a prescribed regimen of medical, psychiatric, or psychological care or treatment is necessary to prevent the recurrence of the circumstances which led to the person's dangerous condition. When a notice of decision is issued by the court, a copy of the order shall be provided electronically, or in another manner which shall provide notice at the earliest practicable time, to the appropriate receiving facility.
\t3 New Paragraph; Nonemergency Involuntary Admissions. Amend RSA 135-C:45 by inserting after paragraph III the following new paragraph:
\t\tIV. If the respondent is ordered but fails to submit to some form of treatment other than inpatient treatment on an involuntary basis, the community mental health program may initiate admission of the respondent to the appropriate receiving facility by requesting a law enforcement officer to transport the respondent to the receiving facility, pursuant to RSA 135-C:62, I(g) and RSA 135-C:62, II. The community mental health program shall notify the court in writing, within 36 hours of the respondent's admission to the receiving facility. Upon receipt of notice from the community mental health program, the court shall schedule a hearing within 15 days, appoint counsel for the respondent, and issue notice of the hearing to the community mental health program, the receiving facility, and the respondent of the date, time, and location of the hearing. The burden of proof shall be on the community mental health program to prove by clear and convincing evidence that the decision to admit the respondent to the receiving facility should be upheld due to the respondent's failure to submit to some form of treatment other than inpatient treatment on an involuntary basis.
\t4 Effective Date. This act shall take effect upon its passage.
\t\t\t\t\t\t\t\t\t\t\t16-2796
\t\t\t\t\t\t\t\t\t\t\t12/31/15
SB 477-FN- FISCAL NOTE
AN ACT\trelative to nonemergency involuntary admissions.
FISCAL IMPACT:
The Legislative Budget Assistant has determined that this legislation, as introduced, has a total fiscal impact of less than $10,000 in each of the fiscal years 2016 through 2020.