SB123: relative to notification if a person found incompetent to stand trial and civilly committed is released into the community.

CHAPTER 251

SB 123 – FINAL VERSION

06/22/11 2414CofC

2011 SESSION

11-1069

01/05

SENATE BILL 123

AN ACT relative to notification if a person found incompetent to stand trial and civilly committed is released into the community.

SPONSORS: Sen. Bradley, Dist 3; Sen. Barnes, Jr., Dist 17; Sen. Boutin, Dist 16; Sen. Carson, Dist 14; Sen. De Blois, Dist 18; Sen. Gallus, Dist 1; Sen. Lambert, Dist 13; Sen. Odell, Dist 8; Sen. Stiles, Dist 24; Sen. White, Dist 9; Rep. Sorg, Graf 3

COMMITTEE: Judiciary

ANALYSIS

This bill clarifies the notification required if a person found incompetent to stand trial and civilly committed is released into the community.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

06/22/11 2414CofC

11-1069

01/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Eleven

AN ACT relative to notification if a person found incompetent to stand trial and civilly committed is released into the community.

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

251:1 Notification Authorized. Amend RSA 135:17-b to read as follows:

135:17-b Notification Authorized. Notwithstanding any provision of law to the contrary, in the event that a person who has been charged with murder, pursuant to RSA 630:1, I-a, or I-b, manslaughter, or aggravated felonious sexual assault, found incompetent to stand trial pursuant to RSA 135:17-a, and civilly committed pursuant to RSA 135-C, is discharged to the community, either conditionally or [otherwise] absolutely, the department of health and human services shall immediately notify the attorney general, who shall notify the family of the [homicide] victim, or the victim of aggravated felonious sexual assault if an adult, and the law enforcement agency in the community to which the person is being discharged. For purposes of this section, discharge shall include 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.

251:2 Applicability. RSA 135:17-b as amended by section 1 of this act shall be applicable to the discharge of any qualified individual who is under an order of civil commitment on or after September 11, 2010.

251:3 Effective Date. This act shall take effect 60 days after its passage.

Approved: July 13, 2011

Effective Date: September 11, 2011