HB 602-FN-A - AS INTRODUCED
2017 SESSION
17-0113
01/04
HOUSE BILL 602-FN-A
SPONSORS: Rep. Cushing, Rock. 21
COMMITTEE: Health, Human Services and Elderly Affairs
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This bill prohibits the placement of certain persons with mental illness in the secure psychiatric unit. The bill establishes a commission to develop plans and oversee the establishment of a secure psychiatric hospital to treat such persons who would present a serious likelihood of danger to themselves or others. This bill also makes an appropriation for the purposes of the bill.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
17-0113
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Seventeen
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Paragraph; Involuntary Admission; Secure Psychiatric Unit. Amend RSA 622:45 by inserting after paragraph I the following new paragraph:
I-a. Notwithstanding paragraph I, no person subject to an involuntary admission to the state mental health services system pursuant to RSA 135-C upon a determination that such person would present a serious likelihood of danger to himself or herself or to others if admitted to or retained in a receiving facility in the state mental health services system and who has never been charged with a crime or convicted of a crime shall be placed in the unit. Such person shall be placed in an accredited secure therapeutic psychiatric hospital.
2 New Section; Involuntary Admission; Commission Established. Amend RSA 622 by inserting after section 45 the following new section:
622:45-a Commission to Develop Plans and Oversee the Establishment of a Secure Therapeutic Psychiatric Hospital Established; Membership; Duties.
I.(a) There is established a commission to develop plans and oversee establishment of a secure therapeutic psychiatric hospital to treat persons subject to an involuntary admission to the state mental health services system pursuant to RSA 135-C upon a determination that such person would present a serious likelihood of danger to himself or herself or to others, and other individuals as the commissioner of the department of health and human services deems appropriate for such treatment. The members of the commission shall be as follows:
(1) Five members of the house of representatives, appointed by the speaker of the house of representatives.
(2) Two members of the senate, appointed by the president of the senate.
(3) The commissioner of the department of health and human services, or designee.
(4) The commissioner of the department of corrections, or designee.
(5) The attorney general, or designee.
(6) The president of the New Hampshire Psychiatric Association, or designee.
(7) One member from the Disabilities Rights Center-NH, appointed by the center.
(8) A representative of New Hampshire Legal Assistance, appointed by that organization.
(9) The executive director of the New Hampshire Civil Liberties Union, or designee.
(10) Three public members, appointed by the governor.
(b) Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
II.(a) The commission's study shall include, but not be limited to:
(1) Reviewing the history, laws, and policies relative to the treatment of persons with severe mental illness, including the operation of the state hospital and the secure psychiatric unit and places to which persons are committed under RSA 651:8-b, RSA 135-C, RSA 171-B, and RSA 623:1, and previous efforts and proposals to locate a secure therapeutic psychiatric treatment hospital in an environment more conducive to mental health care treatment rather than incarceration.
(2) Studying issues of federal reimbursement for the secure psychiatric unit and exploring other sources of funding for the construction and operation of a secure multi-program forensic psychiatric hospital, including private charities and other entities with an interest in ensuring that consumers of health care services, including persons with severe mental illnesses who are a threat to other persons or to themselves, have adequate access to needed care.
(3) Identifying possible legal liabilities and court challenges that may arise from the continued comingling of non-adjudicated persons with severe mental illness or disorders with individuals who have been adjudicated and deemed to need mental health care intervention.
(4) Working with the commissioners of the department of corrections and the department of health and human services, to develop a proposal and to oversee construction and opening of a secure psychiatric hospital, including preparing a request to the legislature for funding to build a new facility.
(b) The commission may solicit information from any person or entity the commission deems relevant to its study.
III. The members of the commission shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Nine members of the commission shall constitute a quorum.
IV. The commission shall make an annual report beginning on November 30, 2017 containing its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library.
3 Appropriation. The sum of $200,000 for the fiscal year ending June 30, 2018 is hereby appropriated to the commissioner of the department of health and human services for the purpose of developing plans to construct a secure therapeutic psychiatric hospital. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.
I. Section 1 of this act shall take effect June 30, 2019.
II. The remainder of this act shall take effect upon its passage.
17-0113
1/20/17
HB 602-FN-A- FISCAL NOTE
As Introduced
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| Estimated Increase / (Decrease) | |||
STATE: | FY 2018 | FY 2019 | FY 2020 | FY 2021 |
Appropriation | $200,000 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $200,000 | $0 | $0 | $0 |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
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METHODOLOGY:
This bill prohibits placement of certain individuals with mental illness in the secure psychiatric unit, establishes a commission to develop and oversee the establishment of a secure psychiatric hospital to treat such individuals, and makes a $200,000 general fund appropriation to the Department of Health and Human Services for the purposes of developing such a plan. The appropriation and establishment of the commission are effective upon the bill's passage, so depending on the date of passage the appropriation could be made in FY 2017.
AGENCIES CONTACTED:
Department of Health and Human Services
| Date | Body | Type |
|---|---|---|
| Jan. 31, 2017 | House | Hearing |
| Feb. 1, 2017 | House | Exec Session |
| Feb. 15, 2017 | House | Floor Vote |
Feb. 15, 2017: Inexpedient to Legislate: MA DV 230-120 02/15/2017 HJ 7 P. 41
Feb. 15, 2017: Committee Report: Inexpedient to Legislate for 02/15/2017 (Vote 14-3; RC) HC 11 P. 21
Feb. 1, 2017: Executive Session: 02/01/2017 LOB 205
Jan. 31, 2017: Public Hearing: 01/31/2017 03:15 PM LOB 205
Jan. 5, 2017: Introduced 01/05/2017 and referred to Health, Human Services and Elderly Affairs HJ 3 P. 21