1 Mental Health Courts; Purpose; Policy and Goals. Amend RSA 490-H:1, I(f) to read as follows:

(f) Reducing the costs of incarceration ; and

2 Mental Health Courts; Structure RSA 490-H:2 is repealed and reenacted to read as follows:

RSA 490-H:2 Mental Health Court; Structure.

I. Any superior or circuit court may establish one or more mental health courts under which the courts monitor offenders with mental illnesses for compliance with individual services to change behavior which would otherwise result in criminal conduct. In this chapter "mental health court" means a judicial intervention process that incorporates the guidelines for mental health courts as adopted by the New Hampshire supreme court.

II. Upon successful completion of a program recommended by the mental health court, an offender's case may be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the mental health court. This may include, but is not limited to, withholding criminal charges or dismissal of charges.

III. A person sentenced by a mental health court may, at least one year after successful completion of all programs and conditions imposed by the mental health court, petition for annulment of the charges, arrest, conviction, and sentence that relate to such person's entry into the mental health court.

IV. The mental health court may convene a local committee made up of community members who can provide support for the mental health court.

3 New Section; Mental Health Court; Implementation. Amend RSA 490-H by inserting after section 3 the following new section:

490-H:4 Mental Health Court; Implementation.

I. As used in this chapter:

(a) "Risk assessment" means a formal written evaluative tool approved by the office of the statewide treatment courts (OSTC) that measures the individual's risk to public safety and to personal safety, including a consideration of recidivism.

(b) "Clinical assessment" means a formal evaluation by a clinician that provides a clinical diagnosis of the individual.

II. The judicial branch, through the administrative office of the courts, OSTC, shall be responsible for developing an application process by which counties, districts, or non-profits may apply for a state grant to operate mental health court within their area. Subject to approval of the chief justice of the supreme court, the office shall:

(a) Determine approval requirements including the development of a New Hampshire mental health court approval checklist. Prior to accepting applications for grants, the approval checklist shall be posted on the judicial branch website. The checklist shall be updated on the website as revisions are made.

(b) Annually review and update, as needed, mental health court guidelines for operating mental health courts.

(c) Develop draft policies and procedures including a model participant handbook and implementation plan.

(d) Measure recidivism rates and other outcome measures.

(e) Evaluate compliance with relevant standards.

(f) Assist in creating or enhancing mental health courts within the state.

(g) Assist mental health courts in obtaining ongoing training.

III. Given availability of sufficient funding, the judicial branch shall manage an electronic information system for performance measurement and accept submission of performance data in a consistent format from all mental health court divisions. The data collected shall include, but is not limited to, personal and demographic information; details about the individual's criminal history; medical diagnoses; and progress in the mental health court process.

IV.(a) The branch shall establish an application and review process and award funds until the balance of the appropriation and other funds are depleted, or there are no satisfactory applications.

(b) To obtain a state mental health court grant, a county, district, or non-profit shall:

(1) Submit a narrative application that outlines the local need and program description and implementation plan.

(2) Submit a budget for the total cost of the program to the OSTC.

(3) Submit draft policies and procedures, including a participant handbook.

(4) Agree to obtain and complete mental health court training as approved by the OSTC.

(5) Establish compliance with the New Hampshire mental health court program approval checklist.

(6) If an existing mental health court, provide a complete accounting of program activities, expenditures, and outcome measures for the past year including, but not limited to, the number of participants, number of graduates, and the number of recidivists; and

(7) Establish that the program is cost effective if an existing mental health court or describe how it will be cost effective if a proposed mental health court.

(c) The OSTC shall award grants to those applicants whose proposals will accomplish the most good for those with mental health issues engaged in the criminal justice system.

V. If approved, the county, district, or non-profit shall sign a contract which includes the following requirements:

(a) The county, district, or non-profit shall have a team approach that at least includes a judge, a prosecutor, a criminal defense lawyer, a case manager, and a program coordinator, in addition to others deemed appropriate.

(b) Before an individual is accepted into the mental health court, the individual shall undergo a formal risk assessment by a qualified individual regarding attendant risks to public safety and personal safety and the value of the mental health court in reducing recidivism.

(c) Before an individual is accepted into the mental health court, the individual shall undergo a clinical assessment by a qualified clinician regarding any mental health diagnosis.

(d) Before an individual is accepted into the mental health court, the team identified in subparagraph V(a) above shall decide collectively whether the individual is a good fit for the program based on the risk and clinical assessments and other relevant factors.

(e) The county, district, or non-profit shall collect data as directed by the OSTC and shall use an electronic information system approved by the OSTC.

(f) The county, district, or non-profit shall monitor the progress of those individuals in the mental health court program with a regularity as the preliminary risk assessment suggests. Such monitoring may include electronic monitoring.

(g) Any other requirements deemed appropriate by the OSTC.

VI. The judicial branch administrative office of the courts is authorized to expend from appropriated sums and other funds, as available, the amounts necessary to fund the grants certified by the office. The mental health court coordinator shall prepare a report on the activities, expenditures, cost effectiveness, and outcome measures for the mental health court grant program following a 3-year period. The report shall include the information provided by each grant recipient and additional data that is available. The report shall be submitted within 90 days of the end of the 3-year period by the chief justice to the speaker of the house of representatives, the president of the senate, and the office of the legislative budget assistant. The office of the legislative budget assistant shall post the report on the website of the office of the legislative budget assistant.

4 Effective Date. This act shall take effect January 1, 2027.

1 Mental Health Courts; Purpose; Policy and Goals. Amend RSA 490-H:1, I(f) to read as follows:

(f) Reducing the costs of incarceration , by reducing the frequency of involuntary emergency admissions and by lowering recidivism and reducing the long-term costs by providing alternative interventions to incarceration by improving treatment and prevention options for those living with mental illness ; and

2 Mental Health Courts; Structure RSA 490-H:2 is repealed and reenacted to read as follows:

RSA 490-H:2 Mental Health Court; Structure.

I. Any superior or circuit court may establish one or more mental health courts under which the courts monitor offenders with mental illnesses for compliance with individual services to change behavior which would otherwise result in criminal conduct. In this chapter "mental health court" means a judicial intervention process that incorporates the guidelines for mental health courts as adopted by the New Hampshire supreme court.

II. Upon successful completion of a program recommended by the mental health court, an offender's case may be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the mental health court. This may include, but is not limited to, withholding criminal charges or dismissal of charges.

III. A person sentenced by a mental health court may, at least one year after successful completion of all programs and conditions imposed by the mental health court, petition for annulment of the charges, arrest, conviction, and sentence that relate to such person's entry into the mental health court.

IV. The mental health court may convene a local committee made up of community members who can provide support for the mental health court.

3 New Section; Mental Health Court; Implementation. Amend RSA 490-H by inserting after section 3 the following new section:

490-H:4 Mental Health Court; Implementation.

I. As used in this chapter:

(a) "Risk assessment" means a formal written evaluative tool approved by the office of the statewide treatment courts (OSTC) that measures the individual's risk to public safety and to personal safety, including a consideration of recidivism.

(b) "Clinical assessment" means a formal evaluation by a clinician that provides a clinical diagnosis of the individual.

II. The judicial branch, through the administrative office of the courts, OSTC, shall be responsible for developing an application process by which counties, districts, or non-profits may apply for a state grant to operate mental health court within their area. Subject to approval of the chief justice of the supreme court, the office shall:

(a) Determine approval requirements including the development of a New Hampshire mental health court approval checklist. Prior to accepting applications for grants, the approval checklist shall be posted on the judicial branch website. The checklist shall be updated on the website as revisions are made.

(b) Annually review and update, as needed, mental health court guidelines for operating mental health courts.

(c) Develop draft policies and procedures including a model participant handbook and implementation plan.

(d) Measure recidivism rates and other outcome measures.

(e) Evaluate compliance with relevant standards.

(f) Assist in creating or enhancing mental health courts within the state.

(g) Assist mental health courts in obtaining ongoing training.

III. Given availability of sufficient funding, the judicial branch shall manage an electronic information system for performance measurement and accept submission of performance data in a consistent format from all mental health court divisions. The data collected shall include, but is not limited to, personal and demographic information; details about the individual's criminal history; medical diagnoses; and progress in the mental health court process.

IV.(a) The branch shall establish an application and review process and award funds until the balance of the appropriation and other funds are depleted, or there are no satisfactory applications.

(b) To obtain a state mental health court grant, a county, district, or non-profit shall:

(1) Submit a narrative application that outlines the local need and program description and implementation plan.

(2) Submit a budget for the total cost of the program to the OSTC.

(3) Submit draft policies and procedures, including a participant handbook.

(4) Agree to obtain and complete mental health court training as approved by the OSTC.

(5) Establish compliance with the New Hampshire mental health court program approval checklist.

(6) If an existing mental health court, provide a complete accounting of program activities, expenditures, and outcome measures for the past year including, but not limited to, the number of participants, number of graduates, and the number of recidivists; and

(7) Establish that the program is cost effective if an existing mental health court or describe how it will be cost effective if a proposed mental health court.

(c) The OSTC shall award grants to those applicants whose proposals will accomplish the most good for those with mental health issues engaged in the criminal justice system.

V. If approved, the county, district, or non-profit shall sign a contract which includes the following requirements:

(a) The county, district, or non-profit shall have a team approach that at least includes a judge, a prosecutor, a criminal defense lawyer, a case manager, and a program coordinator, in addition to others deemed appropriate.

(b) Before an individual is accepted into the mental health court, the individual shall undergo a formal risk assessment by a qualified individual regarding attendant risks to public safety and personal safety and the value of the mental health court in reducing recidivism.

(c) Before an individual is accepted into the mental health court, the individual shall undergo a clinical assessment by a qualified clinician regarding any mental health diagnosis.

(d) Before an individual is accepted into the mental health court, the team identified in subparagraph V(a) above shall decide collectively whether the individual is a good fit for the program based on the risk and clinical assessments and other relevant factors.

(e) The county, district, or non-profit shall collect data as directed by the OSTC and shall use an electronic information system approved by the OSTC.

(f) The county, district, or non-profit shall monitor the progress of those individuals in the mental health court program with a regularity as the preliminary risk assessment suggests. Such monitoring may include electronic monitoring.

(g) Any other requirements deemed appropriate by the OSTC.

VI. The judicial branch administrative office of the courts is authorized to expend from appropriated sums and other funds, as available, the amounts necessary to fund the grants certified by the office. The mental health court coordinator shall prepare a report on the activities, expenditures, cost effectiveness, and outcome measures for the mental health court grant program following a 3-year period. The report shall include the information provided by each grant recipient and additional data that is available. The report shall be submitted within 90 days of the end of the 3-year period by the chief justice to the speaker of the house of representatives, the president of the senate, and the office of the legislative budget assistant. The office of the legislative budget assistant shall post the report on the website of the office of the legislative budget assistant.

4 Effective Date. This act shall take effect January 1, 2027.