Bill Details - HB726 (2019)

HB 726-FN - AS AMENDED BY THE SENATE

 

27Feb2019... 0633h

04/11/2019   1344s

04/11/2019   1456s

 

2019 SESSION

19-0113

01/04

 

HOUSE BILL 726-FN

 

AN ACT establishing a secure forensic psychiatric hospital advisory council and establishing a new forensic psychiatric hospital and making an appropriation therefor.

 

SPONSORS: Rep. Cushing, Rock. 21; Rep. P. Schmidt, Straf. 19; Rep. Rice, Hills. 37; Rep. Knirk, Carr. 3; Rep. Danielson, Hills. 7; Rep. Tanner, Sull. 9; Rep. Graham, Hills. 7; Rep. McMahon, Rock. 7; Sen. Hennessey, Dist 5; Sen. Sherman, Dist 24; Sen. Levesque, Dist 12

 

COMMITTEE: Criminal Justice and Public Safety

 

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AMENDED ANALYSIS

 

This bill establishes a secure forensic psychiatric hospital advisory council to assist the commissioner of the department of health and human services in the development of plans for and the construction of a new secure multi-purpose forensic psychiatric hospital.  The council is repealed January 1, 2023.

 

This bill also establishes procedures and deadlines for a new 60-bed forensic psychiatric hospital and makes an appropriation for that purpose.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

27Feb2019... 0633h

04/11/2019   1344s

04/11/2019   1456s 19-0113

01/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Nineteen

 

AN ACT establishing a secure forensic psychiatric hospital advisory council and establishing a new forensic psychiatric hospital and making an appropriation therefor.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  New Section; Secure Forensic Psychiatric Hospital Advisory Council.  Amend RSA 622 by inserting after section 52 the following new section:

622:52-a  Secure Forensic Psychiatric Hospital Advisory Council.

I.  There is hereby established a secure forensic psychiatric hospital advisory council to assist the commissioner of the department of health and human services with the planning and construction of a new secure multi-purpose forensic psychiatric hospital to treat patients currently civilly committed to the secure psychiatric unit.  The members of the advisory council shall be:

(a)  Five members of the house of representatives, appointed by the speaker of the house of representatives.

(b)  Two members of the senate, appointed by the senate president.

(c)  The commissioner of the department of health and human services, or designee.

(d)  The commissioner of the department of corrections, or designee.

(e) The director of medical and forensic services of the department of corrections, or designee.

(f)  The chief operating officer of the New Hampshire hospital, or designee.

(g)  One member representing New Hampshire Legal Assistance, appointed by that organization.

(h)  One member of the American Civil Liberties Union of New Hampshire, appointed by that organization.

(i)  A representative of the National Alliance on Mental Illness New Hampshire, appointed by such organization.

(j)  A representative of the New Hampshire Psychiatric Society, appointed by the society.

(k)  A representative of the New Hampshire Community Behavioral Health Association, appointed by such organization.

(l)  A representative of Advocates for Ethical Mental Health Treatment, appointed by such organization.

(m)  A representative of the Community Support Network, Inc, appointd by that organization.  

(n)  Two members of the public, one of whom shall be a family member of a person who was civilly committed to the secure psychiatric unit, appointed by the governor.

(o)  A representative of New Hampshire Peer Voice, appointed by that organization.

II.  The advisory council shall assist the commissioner of the department of health and human services in the development of plans for and the construction of a new secure multi-purpose forensic psychiatric hospital for the purpose of providing treatment in an accredited institution for patients currently treated pursuant to the provisions of RSA 622:45.

III.  Legislative members shall receive mileage at the legislative rate while attending to the duties of the advisory council.

IV.  The members of the advisory council 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 30 days of the effective date of this section.  Nine members of the commission shall constitute a quorum.

V.  The advisory council shall submit an annual report on November 1 of each year, commencing November 1, 2019, and a final report on November 1, 2022, detailing its activities and findings, together with any recommendations for proposed legislation, to the president of the senate, the speaker of the house of representatives, the chairpersons of the house criminal justice and public safety and the house health, human services, and elderly affairs committees, the chairperson of the senate judiciary committee, the chairperson of the senate health, human services, and elderly affairs committee, the state library, and the governor.

2  Repeal.  RSA 622:52-a, relative to the secure forensic psychiatric hospital advisory council, is repealed.

3  Department of Health and Human Services; Forensic Psychiatric Hospital.

I.  The commissioner of the department of health and human services, in consultation and in collaboration with the attorney general, the commissioner of the department of corrections, and the commissioner of the department of administrative services, shall administer the development and implementation of construction, staffing, and operational plans for a new 60-bed forensic psychiatric hospital.

II.  The construction, operational, and staffing plans for the new 60-bed forensic psychiatric hospital shall be completed by November 1, 2019.  Construction shall not commence until such plans are submitted to and approved by the joint legislative fiscal committee and the long range capital planning and utilization committee.  The new forensic psychiatric hospital shall be operational by September 1, 2021.

III.  All contracts and projects set forth in paragraphs I and II of this section, and plans and specifications therefor, shall be awarded in accordance with the provisions of RSA 21-I.

IV.  In preparation for the operation of the new 60-bed forensic psychiatric hospital, the commissioner of the department of health and human services, in consultation and in collaboration with the attorney general, the commissioner of the department of corrections, and the commissioner of the department of administrative services, shall recommend proposed legislation for any changes to statutes or administrative rules that are deemed necessary for the transition of patients to and the operation of the new 60-bed forensic psychiatric hospital.  In developing such recommendations, and the plans and deadlines required in paragraph II, the commissioner of the department of health human services shall solicit input from public and private stakeholders as the commissioner deems necessary and appropriate.  The commissioner of the department of health human services shall submit the recommendations required by this paragraph to the speaker of the house of representatives, the president of the senate, and the governor no later than November 1, 2019.

V.  There is hereby appropriated to the department of health and human services the sum of $26,000,000 for the fiscal year ending June 30, 2019.  Such funds shall be nonlapsing and shall be expended for the purpose of constructing a new 60-bed forensic psychiatric hospital in accordance with the provisions of this section.  The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated.

4  Effective Date.

I.  Section 2 of this act shall take effect January 1, 2023.

II.  The remainder of this act shall take effect upon its passage.

 

LBAO

19-0113

Amended 3/5/19

 

HB 726-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2019-0633h)

 

AN ACT establishing a secure forensic psychiatric hospital advisory council.

 

FISCAL IMPACT:      [    ] State              [    ] County               [    ] Local              [ X ] None

 

 

METHODOLOGY:

This bill establishes an advisory council to assist the Department of Health and Human Services with planning and construction of a new secure multi-purpose forensic psychiatric hospital.  The Office of Legislative Budget Assistant states this bill has no fiscal impact on state, county, and local expenditures or revenue.

 

AGENCIES CONTACTED:

None

 

Docket

Date Status
Jan. 3, 2019 Introduced 01/03/2019 and referred to Criminal Justice and Public Safety HJ 3 P. 28
Feb. 12, 2019 Public Hearing: 02/12/2019 01:30 pm LOB 204
Feb. 20, 2019 ==TIME CHANGE== Subcommittee Work Session: 02/20/2019 02:30 pm LOB 204
Feb. 21, 2019 Executive Session: 02/21/2019 10:00 am LOB 204
Feb. 21, 2019 ==TIME CHANGE== Executive Session: 02/21/2019 11:00 am LOB 204
Committee Report: Ought to Pass with Amendment # 2019-0633h (NT) (Vote 18-1; RC)
Feb. 27, 2019 Committee Report: Ought to Pass with Amendment # 2019-0633h (NT) for 02/27/2019 (Vote 18-1; RC) HC 13 P. 17
Feb. 27, 2019 Amendment # 2019-0633h (NT): AA VV 02/27/2019 HJ 6 P. 43
Feb. 27, 2019 Ought to Pass with Amendment 2019-0633h (NT): MA VV 02/27/2019 HJ 6 P. 43
Feb. 27, 2019 Referred to Finance 02/27/2019 HJ 6 P. 44
Feb. 27, 2019 Referral Waived by Committee Chair per House Rule 46(f) 02/27/2019 HJ 6 P. 45
March 14, 2019 Introduced 03/14/2019 and Referred to Health and Human Services; SJ 9
March 26, 2019 Hearing: 03/26/2019, Room 101, LOB, 01:45 pm; SC 15
Committee Report: Ought to Pass with Amendment # 2019-1344s
April 11, 2019 Committee Report: Ought to Pass with Amendment # 2019-1344s, 04/11/2019; SC 17
April 11, 2019 Committee Amendment # 2019-1344s, AA, VV; 04/11/2019; SJ 12
April 11, 2019 Sen. Bradley Floor Amendment # 2019-1456s, RC 23Y-0N, AA; 04/11/2019; SJ 12
April 11, 2019 Ought to Pass with Amendments 2019-1344s, and 2019-1456s, MA, VV; 04/11/2019; SJ 12
April 11, 2019 Sen. Feltes Moved Laid on Table, RC 13Y-10N, MA; 04/11/2019; SJ 12
April 11, 2019 Pending Motion OT3rdg; 04/11/2019; SJ 12
April 11, 2019 Sen. Bradley Moved to Remove From Table, RC 10Y-13N, MF; 04/11/2019; SJ 12
April 11, 2019 Pending Motion OT3rdg; 04/11/2019; SJ 12

Action Dates

Date Body Type
Feb. 12, 2019 House Hearing
Feb. 21, 2019 House Exec Session
Feb. 21, 2019 House Exec Session
House Floor Vote
Feb. 27, 2019 House Floor Vote
March 26, 2019 Senate Hearing
Senate Floor Vote
April 11, 2019 Senate Floor Vote

Bill Text Revisions

HB726 Revision: 5050 Date: Feb. 7, 2019, 1:10 p.m.
HB726 Revision: 5417 Date: March 5, 2019, 3:33 p.m.
HB726 Revision: 5737 Date: April 11, 2019, 11:32 a.m.