SB128: relative to payment for legal services for persons involuntarily admitted for mental health services.

SB 128-FN - AS AMENDED BY THE SENATE

02/09/2023 0423s

2023 SESSION

23-0894

04/05

SENATE BILL 128-FN

AN ACT relative to payment for legal services for persons involuntarily admitted for mental health services.

SPONSORS: Sen. Abbas, Dist 22; Sen. Gannon, Dist 23; Rep. Roy, Rock. 31; Rep. Rhodes, Ches. 17

COMMITTEE: Judiciary

ANALYSIS

This bill provides that legal services for individuals involuntarily committed for mental health services shall be paid from the indigent defense fund.

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

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

02/09/2023 0423s 23-0894

04/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty Three

AN ACT relative to payment for legal services for persons involuntarily admitted for mental health services.

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

1 New Hampshire Mental Health Services; Involuntary Admissions; Payment for Legal Services. Amend RSA 135-C:23 to read as follows:

135-C:23 Legal Services; Payment; Appointment. [The client or person sought to be admitted shall pay the costs of the legal services in connection with hearings held under this chapter.] If the client or person sought to be admitted does not have legal [is unable to pay for] counsel in connection with hearings held under this chapter, the court shall appoint [either a member of New Hampshire Legal Assistance, or its successor organization, or another] an attorney who shall be compensated at a rate as determined by the supreme court. The cost of such court-appointed attorneys, including counsel and investigative, expert, or other services and expenses approved by the circuit court that are necessary to provide adequate representation, shall be paid from funds appropriated for indigent defense pursuant to RSA 604-A.

2 Effective Date. This act shall take effect 60 days after its passage.

LBA

23-0894

Amended 2/14/23

SB 128-FN- FISCAL NOTE

AS AMENDED BY THE SENATE (AMENDMENT #2023-0423s)

AN ACT relative to payment for legal services for persons involuntarily admitted for mental health services.

FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None

Estimated Increase / (Decrease)

STATE:

FY 2023

FY 2024

FY 2025

FY 2026

Appropriation

$0

$0

$0

$0

Revenue

$0

$0

$0

$0

Expenditures

$0

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

[ X ] General [ ] Education [ ] Highway [ ] Other

METHODOLOGY:

This bill provides that in involuntary admissions cases brought under RSA 135-C, the indigent defense fund shall pay for legal and related services for individuals lacking legal counsel. The Department of Health and Human Services has not provided a response to the bill as amended. However, in response to the original bill, the Department stated that it currently pays for attorneys in such cases with an annual general fund expenditures of approximately $900,000. The bill would therefore reduce costs to the Department by this amount.

Under the bill, expenses previously incurred by the Department of Health and Human Services would now be incurred by the Judicial Council. The Office of the Legislative Budget Assistant therefore assumes the bill will have a net $0 impact, other than the prospect of additional administrative expenses for the Judicial Council, as noted below.

With respect to costs going forward, the Judicial Council states the following: According to data provided to the Council by the Judicial Branch, in 2021 there were 2,642 Involuntary Emergency Admission (IEA) cases filed in the Circuit Court. For the 10-year period between 2011-2021, there was an average of 2,449 IEA cases filed in the Circuit Court (1,996 in the District Division; 453 in the Probate Division).

The Council notes that the fee cap for attorneys in involuntary admission cases brought under RSA Chapter 135-C is $600. However, according to information provided to the Council by the Judicial Branch, attorneys are typically compensated $100 per case for IEA cases in the District Division, and $65 per case for IEA cases in Probate Division. The Council therefore expects the bill's annual fiscal impact to be in the following range:

1,996 new filings @ $100/case

$ 199,600

453 new filings @ $65/case

$ 29,445

Minimum Cost:

$ 229,045

2,449 new filings @ $600/case

$ 1,469,400

Maximum Cost:

$ 1,469,400

The Council states that administering an additional 2,449 cases per year may necessitate the need for an additional staff member and larger office space, as the Council currently employs only one executive director and two staff members. The Council did not provide an estimate of these increased costs.

AGENCIES CONTACTED:

Judicial Council and Department of Health and Human Services