CHAPTER 224
SB 51 - FINAL VERSION
2May2019... 1504h
2019 SESSION
19-1091
04/01
SENATE BILL 51
AN ACT establishing a commission to study expanding mental health courts statewide.
SPONSORS: Sen. Morgan, Dist 23; Sen. Rosenwald, Dist 13; Sen. Sherman, Dist 24; Sen. Hennessey, Dist 5; Sen. Fuller Clark, Dist 21; Sen. Kahn, Dist 10; Sen. Carson, Dist 14
COMMITTEE: Judiciary
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ANALYSIS
This bill establishes a commission to study the expansion of the mental health court system statewide.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
2May2019... 1504h 19-1091
04/01
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT establishing a commission to study expanding mental health courts statewide.
Be it Enacted by the Senate and House of Representatives in General Court convened:
224:1 Purpose. The general court finds that:
I. Mental health courts provide sentencing alternatives to individuals with mental illness who are involved in criminal matters. It is an intensive and comprehensive court program which integrates treatment into the resolution of the criminal case. The fundamental principle of a mental health court is that people who engage in criminal behavior due to their mental illness should undergo appropriate treatment in order to modify their behavior and achieve recovery. Mental health court holds its participants accountable for their behavior, provides them with support and assistance, and works collaboratively with service providers for quality care of that individual. Currently there are no mental health courts operating in Belknap, Carroll, Coos, and Sullivan counties.
II. The goals of mental health courts may include the following:
(1) To enhance community safety and quality of life for citizens;
(2) To reduce recidivism;
(3) To reduce untreated mental illness;
(4) To increase the personal, familial, and societal accountability of individuals with mental illness charged with criminal offenses;
(5) To restore people with mental illness to productive, law-abiding, and taxpaying citizens;
(6) To promote effective interaction and use of resources among criminal justice and community agencies;
(7) To reduce the costs of incarceration; and
(8) To improve the efficiency of the criminal justice system by enacting an effective methodology.
224:2 New Section; Mental Health Courts; Commission Established. Amend RSA 490-H by inserting after section 2 the following new section:
490-H:3 Commission Established.
I. There is established a commission to study expanding the mental health court system in New Hampshire. The members of the commission shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives.
(b) One member of the senate, appointed by the president of the senate.
(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 attorney general, or designee.
(f) A representative of the New Hampshire Association of Counties, appointed by the association.
(g) A representative of the New Hampshire Community Behavioral Health Association, appointed by the association.
(h) A representative of NAMI-New Hampshire, appointed by that organization.
(i) A representative of the New Hampshire Psychiatric Society, appointed by the society.
(j) The executive director of New Futures, or designee.
(k) A representative of the Campaign to Change Direction New Hampshire, appointed by that organization.
(l) The chief justice of the superior court, or designee.
(m) The administrative justice of the circuit court, or designee.
(n) A public member, appointed by the governor.
(o) A family member of a person with mental illness who has been incarcerated or involved in the criminal justice system, appointed by the governor.
(p) A graduate of a mental health court program in New Hampshire, appointed by the governor.
(q) A representative of New Hampshire Peer Voices, appointed by the organization.
(r) A representative of the New Hampshire Public Defender, appointed by that organization.
(s) One prosecutor appointed by the county attorneys affiliate of the New Hampshire Association of Counties.
II. Legislative members of the commission shall receive mileage at the legislative rate when attending to the duties of the commission.
III.(a) The commission shall:
(1) Review national and local best practices relating to mental health courts and make recommendations for the mental health courts in New Hampshire.
(2) Make recommendations regarding the training needs of new and existing mental health courts.
(3) Determine the administrative costs anticipated to establish and sustain mental health courts statewide.
(4) Make recommendations regarding administrative oversight of the mental health court system in New Hampshire.
(5) Study any other issue that the committee determines is relevant to its objective.
(b) The commission may solicit information from any person or entity the commission deems relevant to the commission's objective.
IV. 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 senate member. The first meeting of the commission shall be held within 45 days of the effective date of this section. Ten members of the commission shall constitute a quorum.
V. The commission shall submit a report of 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, the chairperson of the oversight committee on health and human services established in RSA 126-A:13, and the state library on or before November 1, 2020.
224:3 Repeal. RSA 490-H:3, relative to a commission to study the expansion of the mental health court system statewide, is repealed.
I. Section 3 of this act shall take effect November 1, 2020.
II. The remainder of this act shall take effect upon its passage.
Approved: July 12, 2019
Effective Date:
I. Section 3 shall take effect November 1, 2020.
II. Remainder shall take effect July 12, 2019.
| Date | Body | Type |
|---|---|---|
| Jan. 22, 2019 | Senate | Hearing |
| Feb. 7, 2019 | Senate | Floor Vote |
| Feb. 14, 2019 | Senate | Floor Vote |
| Feb. 14, 2019 | Senate | Floor Vote |
| April 3, 2019 | House | Hearing |
| April 18, 2019 | House | Exec Session |
| House | Floor Vote | |
| May 2, 2019 | House | Floor Vote |
July 12, 2019: II. Remainder Effective 07/12/2019
Nov. 1, 2020: I. Section 3 Effective 11/01/2020
July 12, 2019: Signed by the Governor on 07/12/2019; Chapter 224
June 27, 2019: Enrolled (In recess 06/27/2019); SJ 21
June 27, 2019: Enrolled 06/27/2019 HJ 20 P. 53
June 13, 2019: Sen. Hennessey Moved to Concur with the House Amendment, MA, VV; 06/13/2019; SJ 20
May 2, 2019: Ought to Pass with Amendment 2019-1504h: MA VV 05/02/2019 HJ 14 P. 5
May 2, 2019: Amendment # 2019-1504h: AA VV 05/02/2019 HJ 14 P. 5
: Committee Report: Ought to Pass with Amendment # 2019-1504h (Vote 19-0; CC)
May 2, 2019: Committee Report: Ought to Pass with Amendment # 2019-1504h for 05/02/2019 (Vote 19-0; CC) HC 22 P. 5
April 18, 2019: Executive Session: 04/18/2019 10:00 am LOB 205
April 17, 2019: Division I Subcommittee Work Session: 04/17/2019 10:00 am LOB 104
April 16, 2019: Division I Subcommittee Work Session: 04/16/2019 10:00 am LOB 104
April 3, 2019: Public Hearing: 04/03/2019 10:30 am LOB 205
March 20, 2019: Introduced 03/20/2019 and referred to Health, Human Services and Elderly Affairs HJ 11 P. 69
Feb. 14, 2019: Ought to Pass: MA, VV; OT3rdg; 02/14/2019; SJ 5
Feb. 14, 2019: Special Order to the Present Time, Without Objection, MA; 02/14/2019; SJ 5
Feb. 14, 2019: Committee Report: Ought to Pass, 02/14/2019; SC 10
Feb. 7, 2019: Committee Report: Ought to Pass, 02/07/2019; SC 9
Jan. 22, 2019: Hearing: 01/22/2019, Room 100, SH, 09:35 am; SC 7
Jan. 3, 2019: Introduced 01/03/2019 and Referred to Judiciary; SJ 4