SB672 (2020) Detail

Relative to behavioral health services for children and certain revisions to notifications of discharge for individuals found incompetent to stand trial and nonemergency involuntary admissions revocation of conditional discharge.


SB 672  - AS INTRODUCED

 

 

2020 SESSION

20-2833

01/05

 

SENATE BILL 672

 

AN ACT relative to behavioral health services for children and certain revisions to notifications of discharge for individuals found incompetent to stand trial and nonemergency involuntary admissions revocation of conditional discharge.

 

SPONSORS: Sen. Carson, Dist 14; Sen. Gray, Dist 6; Sen. French, Dist 7; Rep. Rice, Hills. 37; Rep. Berrien, Rock. 18

 

COMMITTEE: Health and Human Services

 

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ANALYSIS

 

This bill clarifies behavioral health services for children and makes certain revisions to notifications of discharge for certain individuals.

 

This bill is a request of the department of health and human services.

 

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

20-2833

01/05

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Twenty

 

AN ACT relative to behavioral health services for children and certain revisions to notifications of discharge for individuals found incompetent to stand trial and nonemergency involuntary admissions revocation of conditional discharge.

 

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

 

1  Commitment to Hospitals; Notification Authorized.  Amend RSA 135:17-b, I to read as follows:

I.  Notwithstanding any provision of law to the contrary, [in the event that] the first instance a person [who] has been charged with a violent crime and found incompetent to stand trial pursuant to RSA 135:17-a, and civilly committed pursuant to RSA 135-C or RSA 171-B, [or] found incompetent to stand trial pursuant to RSA 135:17 and committed pursuant to RSA 651:9-a, is transferred to another facility or discharged to the community, either conditionally or absolutely, the department of health and human services shall immediately notify the attorney general, who shall notify the victim as defined in RSA 21-M:8-k, I(a) and, in the event of a discharge, the law enforcement agency in the community to which the person is being discharged.  For purposes of this section, discharge [shall include] means the initial authorization by the administrative review committee of New Hampshire hospital to allow a person to leave the grounds of the hospital unaccompanied by a hospital staff member.

2  Nonemergency Involuntary Admissions; Conditions of Conditional Discharge.  Amend RSA 135-C:49, IV to read as follows:

IV.  The administrator, or designee, of the facility may grant a person, whose condition is not considered appropriate for absolute discharge under paragraph I of this section, a conditional discharge.

3  Nonemergency Involuntary Admissions; Conditions of Conditional Discharge.  Amend RSA 135-C:50, I to read as follows:

I.  The administrator, or designee, of a receiving facility may grant a conditional discharge under this chapter to any person who consents, by an informed decision, to participate in continuing treatment on an out-patient basis, who agrees to be subject to any rules adopted by the commissioner relative to conditional discharge, and who understands the conditions of his or her discharge.  The administrator of the facility or [his] the administrator's designee shall prepare, deliver a copy of, and read to the person being conditionally discharged a written statement of the conditions of conditional discharge and a warning that violation of those conditions may result in revocation of the conditional discharge pursuant to RSA 135-C:51.

4  Nonemergency Involuntary Admissions; Revocation of Conditional Discharge.  Amend RSA 135-C:51, VI to read as follows:

VI.  A person conditionally discharged pursuant to RSA 135-C:50 may be admitted to a receiving facility by an involuntary emergency admission under RSA 135-C:27-33.  In such cases, the finding of probable cause for involuntary emergency admission by the district court pursuant to RSA 135-C:31, I, shall authorize the person's admission for no longer than a 10-day period, as provided in RSA 135-C:32, unless during the period of involuntary emergency admission the person's conditional discharge is absolutely revoked.  No absolute revocation of conditional discharge shall be made pursuant to this section unless the administrator of the facility or his or her qualified designee personally examines the individual and finds that the person conditionally discharged has violated a condition of the discharge or, at the time of the examination, is in such a mental condition as a result of mental illness so as to create a potentially serious likelihood of danger to himself or to others.  If a person's conditional discharge is absolutely revoked pursuant to this section, the person shall receive notice of the reasons for the absolute revocation and shall have a right to appeal as provided in RSA 135-C:52.

5  Anna Philbrook Center; Purpose.  The section heading and the introductory paragraph of RSA 135-C:64 are repealed and reenacted to read as follows:

135-C:64  Behavioral Health Services for Children and Adolescents; Purpose.  The commissioner shall maintain behavioral health services for children and adolescents in one or more facilities on the New Hampshire hospital campus, or other locations to be determined by the commissioner.  All services for children and adolescents shall be appropriate for each child's developmental stage and shall address the educational, supervisory, and clinical needs of each child.  The purposes of child and adolescent services shall include but not be limited to:

6  Effective Date.  This act shall take effect July 1, 2020.

Links


Date Body Type
March 3, 2020 Senate Hearing
March 12, 2020 Senate Floor Vote
March 11, 2020 Senate Floor Vote
March 11, 2020 Senate Floor Vote

Bill Text Revisions

SB672 Revision: 7998 Date: Jan. 14, 2020, 2:39 p.m.

Docket


: Died on Table


June 30, 2020: Introduced and Laid on Table MA VV 06/30/2020 HJ 10 P. 6


March 12, 2020: Ought to Pass: MA, VV; OT3rdg; 03/12/2020; SJ 7


March 12, 2020: Special Order to 03/12/2020, Without Objection, MA; 03/11/2020 SJ 6


March 11, 2020: Committee Report: Ought to Pass, 03/11/2020; SC 10


March 12, 2020: Committee Report: Ought to Pass, 03/12/2020; SC 10


March 3, 2020: ==TIME CHANGE== Hearing: 03/03/2020, Room 101, LOB, 01:30 pm; SC 9


Jan. 8, 2020: Introduced 01/08/2020 and Referred to Health and Human Services; SJ 2