1 Finding. The general court hereby finds that it is imperative that the state improve the efficiency of the competency restoration process in New Hampshire by deeming some violation and class B misdemeanor offenses ineligible for restoration, at the court's discretion, as recommended by the committee to study restoration of competency as created under RSA 135:49.

2 Competency Hearing; Commitment for Treatment. Amend RSA 135:17-a, I to read as follows:

I. If, after hearing, the district court or superior court determines that the defendant is not competent to stand trial, the court shall order treatment for the restoration of competency unless it determines, by clear and convincing evidence, that there is no reasonable likelihood that the defendant can be restored to competency through appropriate treatment within 12 months . If the court finds, by clear and convincing evidence, that the defendant cannot be restored to competency within 12 months, the case against the defendant shall be dismissed without prejudice and the court shall proceed as provided in paragraph V.

 Effective Date.  This act shall take effect January 1, 2026.

1 Finding. The general court hereby finds that it is imperative that the state improve the efficiency of the competency restoration process in New Hampshire by deeming some violation and class B misdemeanor offenses ineligible for restoration, at the court's discretion, as recommended by the committee to study restoration of competency as created under RSA 135:49.

2 Competency Hearing; Commitment for Treatment. Amend RSA 135:17-a, I to read as follows:

I. If, after hearing, the district court or superior court determines that the defendant is not competent to stand trial, the court shall order treatment for the restoration of competency unless it determines, by clear and convincing evidence, that there is no reasonable likelihood that the defendant can be restored to competency through appropriate treatment within 12 months , or unless the court exercises its discretion to dismiss the case pursuant to paragraph I-a . If the court finds, by clear and convincing evidence, that the defendant cannot be restored to competency within 12 months, the case against the defendant shall be dismissed without prejudice and the court shall proceed as provided in paragraph V.

I-a.(a) When a defendant is found not competent to stand trial and is charged solely with violation or class B misdemeanor offenses, except any misdemeanor that involves an act of violence or threat of violence as those terms are defined in RSA 625:9, VII, or a misdemeanor under RSA 633:3-a, RSA 639:3, RSA 644:4, or RSA 644:9, the court may dismiss the charges with prejudice.

(b) A motion to dismiss charges under this paragraph may be made by the prosecution, the defendant, or the court. All dismissals shall be made at the court's discretion and shall consider the best interest of the defendant, the public, and any alleged victims.

(c) If charges are dismissed, the prosecution, the defendant, or the court may raise the issue of the defendant's dangerousness. If the issue of dangerousness is raised, the court may order an evaluation to determine the appropriateness of involuntary treatment pursuant to RSA 135-C, as provided in paragraph V.

3 Effective Date. This act shall take effect January 1, 2026.