SB339: relative to the involuntary commitment of certain persons found not competent to stand trial for certain criminal offenses.

SB 339-FN - AS INTRODUCED

2004 SESSION

04-3037

04/01

SENATE BILL 339-FN

AN ACT relative to the involuntary commitment of certain persons found not competent to stand trial for certain criminal offenses.

SPONSORS: Sen. Peterson, Dist 11

COMMITTEE: Judiciary

ANALYSIS

This bill clarifies the petition and hearing procedures for involuntary commitments.

- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

04-3037

04/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Four

AN ACT relative to the involuntary commitment of certain persons found not competent to stand trial for certain criminal offenses.

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

1 Involuntary Admission for Persons Found Not Competent to Stand Trial. Amend RSA 171-B:4 and RSA 171-B:5 to read as follows:

171-B:4 Petition. The petition for admission on an involuntary basis shall include:

I. The name of the person sought to be admitted and such person's last known address.

II. The specific facts that the petitioner alleges satisfy RSA 171-B:2, I - IV. Satisfaction of these 4 criteria shall create a presumption that the person sought to be admitted poses a potentially serious likelihood of danger to others and therefore satisfies RSA 171-B:2, IV.

III. [A certificate from a physician, psychiatrist, or psychologist who shall have experience and training in mental retardation, who has examined the person and reviewed the condition or behavior of the person sought to be admitted within 10 days of the date the petition is filed and who agrees that, based on this examination, such person satisfies RSA 171-B:2, IV and V.

IV.] The names and addresses of witnesses who can testify to the specific acts, conditions, or behaviors of the person sought to be admitted which the petitioner alleges will satisfy the requirements of RSA 171-B:2.

IV. The name and address of the victim of the person's alleged felonious conduct. If the victim was a minor, the petition shall include the name and address of the victim's parent or guardian.

171-B:5 Hearing Date. The probate court judge of original jurisdiction shall, upon receipt of the petition, set a hearing date. The hearing shall be held within 20 days, excluding Saturdays, Sundays, and legal holidays, from the date of receipt of the petition. The court shall provide notice of the hearing date to the victims identified in the petition.

2 Involuntary Admission for Persons Found Not Competent to Stand Trial. Amend RSA 171-B:7, II to read as follows:

II. Whether involuntary admission into the state developmental services delivery system is necessary; and

3 Involuntary Admission for Persons Found Not Competent to Stand Trial. Amend RSA 71-B:12 to read as follows:

171-B:12 Order of Court.

I. If, after the hearing, the court finds by clear and convincing evidence that the person meets the standard set forth in RSA 171-B:2, the court shall order the person to submit to:

[I.](a) Treatment and services in a receiving facility within the state developmental services delivery system;

[II.](b) Treatment and services within the state developmental services delivery system other than in-patient treatment; or

[III.](c) Treatment and services in the secure psychiatric unit if the court determines that the programs and placements enumerated in paragraph I or II do not provide sufficient security and protection to the public.

II. The court shall provide a copy of the order to the victims identified in the petition.

4 Effective Date. This act shall take effect January 1, 2005.

LBAO

04-3037

12/30/03

SB 339-FN - FISCAL NOTE

AN ACT relative to the involuntary commitment of certain persons found not competent to stand trial for certain criminal offenses.

FISCAL IMPACT:

The Department of Health and Human Services and Judicial Branch indicate this bill will have an indeterminable fiscal impact on state expenditures in FY 2005 and each year thereafter. There will be no fiscal impact on county and local expenditures or state, county and local revenue.

METHODOLOGY:

The Department of Health and Human Services indicated this bill would make it easier to file a petition for involuntary admission into the state developmental services delivery system since certification by a psychiatrist or psychologist would no longer be required. The Department assumed this could result in additional individuals committed, increasing costs to the state. The Department could not determine the potential increase in admissions but stated there are currently 117 individuals with forensic issues served, at an average cost of $75,000 per year.

The Judicial Branch stated the requirement that the probate court send copies of the order and hearing date to victims is the only provision of this bill with a potential fiscal impact on the Judicial Branch. The Branch assumed the number of proceedings would be minimal, but would result in additional delays in processing other cases.