353:1 Statement of Findings. The general court hereby finds that:

I. A separate forensic psychiatric hospital would be the preferred solution for persons who are violently psychotic.

II. The placement of the secure psychiatric unit inside the state's men's prison causes problems for civil patients and their families.

III. Transferring patients to forensic facilities outside of New Hampshire is not a viable option.

353:2 Department of Corrections; Duties of the Commissioner; Secure Psychiatric Unit. Amend RSA 21-H:8, XI-a to read as follows:

XI-a.(a) The commissioner shall be the principal administrator of the secure psychiatric unit established pursuant to RSA 622:41. He The commissioner shall establish the treatment standards for the unit after consultation with the commissioner of the department of health and human services. The commissioner shall:

(a) (1) Administer the unit;

(b) (2) Repealed.

(c) (3) Consult with the commissioner of the department of health and human services regarding transfers to the unit;

(d) (4) Transfer persons in his or her custody to the unit if treatment is needed for mental disturbance;

(e) (5) Discharge persons pursuant to RSA 622:48;

(f) (6) Review, at least annually, the mental health programs with the commissioner of the department of health and human services to determine what policies, standards, or practices should be revised to improve treatment;

(g) (7) Appoint qualified persons to positions established in RSA 622:43, I;

(h) (8) Administer the unit in such a manner as to meet accreditation standards and to seek accreditation; and

(i) (9) Perform other tasks necessary to carry out the administration of RSA 622:40-48.

(b) The commissioner shall seek accreditation from the National Commission on Correctional Health Care to have the secure psychiatric unit accredited as a behavioral health facility. The accreditation process shall commence before January 1, 2019. The commissioner shall make all reasonable and good faith efforts to achieve accreditation in a timely manner.

353:3 Reports Required. The commissioner shall submit an interim report, on or before January 1, 2019, relative to the steps taken to receive accreditation as required under RSA 21-H:8, XI-a(b) as inserted by section 2 of this act and identifying any barriers to securing such accreditation and a final report on or before January 1, 2020 to the speaker of the house of representatives, the president of the senate, and the chairpersons of the house and senate committees having jurisdiction over criminal justice and health and human services.

353:4 Secure Psychiatric Unit; Treatment Standards. Amend RSA 622:46, I to read as follows:

I. The commissioner shall establish clinical and treatment standards for the operation of the unit in consultation with the commissioner of the department of health and human services. The commissioners shall review, at least annually biennially, any interagency agreements and the mental health program at the unit to determine which provisions, standards, or practices should be revised to improve treatment. The commissioner shall submit a report of its findings in each even-numbered year, commencing on or before November 1, 2020, to the speaker of the house of representatives, the senate president, the governor, and the chairpersons of the house committees having jurisdiction over criminal justice issues and health and human services issues, and the chairpersons of the senate committees having jurisdiction over judicial issues and health and human services issues.

353:5 Effective Date. This act shall take effect upon its passage.

Approved: July 02, 2018

Effective Date: July 02, 2018

353:1 Statement of Findings. The general court hereby finds that:

I. A separate forensic psychiatric hospital would be the preferred solution for persons who are violently psychotic.

II. The placement of the secure psychiatric unit inside the state's men's prison causes problems for civil patients and their families.

III. Transferring patients to forensic facilities outside of New Hampshire is not a viable option.

353:2 Department of Corrections; Duties of the Commissioner; Secure Psychiatric Unit. Amend RSA 21-H:8, XI-a to read as follows:

XI-a.(a) The commissioner shall be the principal administrator of the secure psychiatric unit established pursuant to RSA 622:41. The commissioner shall establish the treatment standards for the unit after consultation with the commissioner of the department of health and human services. The commissioner shall:

(1) Administer the unit;

(2)

(3) Consult with the commissioner of the department of health and human services regarding transfers to the unit;

(4) Transfer persons in his or her custody to the unit if treatment is needed for mental disturbance;

(5) Discharge persons pursuant to RSA 622:48;

(6) Review, at least annually, the mental health programs with the commissioner of the department of health and human services to determine what policies, standards, or practices should be revised to improve treatment;

(7) Appoint qualified persons to positions established in RSA 622:43, I;

(8) Administer the unit in such a manner as to meet accreditation standards ; and

(9) Perform other tasks necessary to carry out the administration of RSA 622:40-48.

(b) The commissioner shall seek accreditation from the National Commission on Correctional Health Care to have the secure psychiatric unit accredited as a behavioral health facility. The accreditation process shall commence before January 1, 2019. The commissioner shall make all reasonable and good faith efforts to achieve accreditation in a timely manner.

353:3 Reports Required. The commissioner shall submit an interim report, on or before January 1, 2019, relative to the steps taken to receive accreditation as required under RSA 21-H:8, XI-a(b) as inserted by section 2 of this act and identifying any barriers to securing such accreditation and a final report on or before January 1, 2020 to the speaker of the house of representatives, the president of the senate, and the chairpersons of the house and senate committees having jurisdiction over criminal justice and health and human services.

353:4 Secure Psychiatric Unit; Treatment Standards. Amend RSA 622:46, I to read as follows:

I. The commissioner shall establish clinical and treatment standards for the operation of the unit in consultation with the commissioner of the department of health and human services. The commissioners shall review, at least biennially, any interagency agreements and the mental health program at the unit to determine which provisions, standards, or practices should be revised to improve treatment. The commissioner shall submit a report of its findings in each even-numbered year, commencing on or before November 1, 2020, to the speaker of the house of representatives, the senate president, the governor, and the chairpersons of the house committees having jurisdiction over criminal justice issues and health and human services issues, and the chairpersons of the senate committees having jurisdiction over judicial issues and health and human services issues.

353:5 Effective Date. This act shall take effect upon its passage.

Approved: July 02, 2018

Effective Date: July 02, 2018