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RSA 135-C:31 · Involuntary Emergency Admission Hearing; Rules

Title
X: PUBLIC HEALTH
Chapter
135-C · NEW HAMPSHIRE MENTAL HEALTH SERVICES SYSTEM
Status
current
Official source linked
Yes
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135-C:31 Involuntary Emergency Admission Hearing; Rules. –

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I.

Within 3 days after an involuntary emergency admission, not including Sundays and holidays, and subject to the notice requirements of RSA 135-C:24, there shall be a probable cause hearing in the district court having jurisdiction to determine if there was probable cause for involuntary emergency admission. The burden shall be on the petitioner to show that probable cause existed. The court shall render its written decision as soon as possible after the close of the hearing, but not later than the end of the court's next regular business day.

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II.

The person sought to be admitted or the petitioner may request a continuance of the probable cause hearing. Such requests shall be granted only for good cause but in no case shall continuance be granted for more than 2 days. Any continuance granted for good cause shall not extend the period of involuntary emergency admission.

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III.

The person sought to be admitted may, in writing, waive the probable cause hearing required under this section. Such waiver shall state that the person sought to be admitted has made an informed decision to waive the probable cause hearing and that he or she understands that such a waiver shall result in his or her admission on an emergency basis for a period not to exceed 10 days, not including Saturdays and Sundays, except as specified in RSA 135-C:32. The waiver shall be executed before a justice of any district or municipal court. If the person sought to be admitted is found by the court to be incapable of making an informed decision to waive probable cause, then the waiver may be executed by that person's attorney subject to the review of the court.

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IV.

For 48 hours prior to the hearing the person sought to be admitted shall not be given medication or treatment that would adversely affect his judgment or limit his ability to prepare for the hearing unless the person sought to be admitted makes an informed decision to consent to treatment or unless a medical or psychiatric emergency exists. If medication is given to the person sought to be admitted prior to the probable cause hearing, it shall be the affirmative obligation of the physician prescribing the medication to advise the district court of the nature of the medication, the reason for it, and its probable effect upon the person. Such notice may be transmitted to the court in writing prior to the hearing or may be presented by the physician at the hearing. The jurisdiction for the probable cause hearing shall be in the district court in the city or town where the person is detained. Upon the request of the person sought to be admitted or that person's attorney, a change of venue or transfer may be granted for good cause shown.

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V.

If a receiving facility has not been designated to receive or maintain custody following a probable cause hearing of a person admitted under RSA 135-C:27-33, the facility shall, within 24 hours, transfer the person to a receiving facility which has the proper designation. A receiving facility may transfer a person admitted under RSA 135-C:27-33 to another receiving facility if that receiving facility can better provide the degree of security and treatment required for the person. All transfers shall receive prior approval of the chief administrator of the state mental health services system. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to transfer criteria and procedures for the challenge of transfer decisions by the persons to be transferred. Source. 1986, 212:1. 1992, 218:2. 1995, 310:86. 2010, 293:2, eff. Sept. 11, 2010.

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Source note

Source. 1986, 212:1. 1992, 218:2. 1995, 310:86. 2010, 293:2, eff. Sept. 11, 2010.

Source history

  • 1986, 212:1
  • 1992, 218:2
  • 1995, 310:86
  • 2010, 293:2, eff. Sept. 11, 2010

Related materials

Bill relationships

  • 2026 HB1642 reference · effective 2026-09-20

    at is likely to lead to the respondent being a danger to themselves or others. A mental health evaluation ordered pursuant to this paragraph shall comply with the requirements of RSA 135-C. VI. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody, or control, if there is probabl

  • 2026 HB1642-FN reference · effective 2026-09-20

    at is likely to lead to the respondent being a danger to themselves or others. A mental health evaluation ordered pursuant to this paragraph shall comply with the requirements of RSA 135-C. VI. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody, or control, if there is probabl

  • 2026 HB1790 reference · effective 2027-01-01

    0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY: This bill amends RSA 135-C to include substance use disorder (SUD) in the definition of “mental illness” for purposes of involuntary emergency admission and non-emergency involuntary admission to a receiving facility. As a result, individuals wh

  • 2026 HB1790-FN reference · effective 2027-01-01

    0 $0 Funding Source(s) None *Expenditure = Cost of bill *Appropriation = Authorized funding to cover cost of bill METHODOLOGY: This bill amends RSA 135-C to include substance use disorder (SUD) in the definition of “mental illness” for purposes of involuntary emergency admission and non-emergency involuntary admission to a receiving facility. As a result, individuals wh

  • 2026 SB142 reference · effective 2026-01-01

    state facility that is for or that includes detained or adjudicated youth. (q) Special education programs under RSA 186-C:20. (r) Children’s behavioral health services under RSA 135-C and 135-F. (s) Any other program, service, or facility previously administered or managed by the department of health and human services according to any law whose powers and duties have been transferred under this ch

  • 2026 SB142-FN reference · effective 2026-01-01

    state facility that is for or that includes detained or adjudicated youth. (q) Special education programs under RSA 186-C:20. (r) Children’s behavioral health services under RSA 135-C and 135-F. (s) Any other program, service, or facility previously administered or managed by the department of health and human services according to any law whose powers and duties have been transferred under this ch

  • 2026 SB555 reference · effective 2026-09-20

    at is likely to lead to the respondent being a danger to themselves or others. A mental health evaluation ordered pursuant to this paragraph shall comply with the requirements of RSA 135-C. VI. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody, or control, if there is probabl

  • 2026 SB555-FN reference · effective 2026-09-20

    at is likely to lead to the respondent being a danger to themselves or others. A mental health evaluation ordered pursuant to this paragraph shall comply with the requirements of RSA 135-C. VI. The court may subsequently issue a search warrant authorizing a law enforcement officer to search for and seize all firearms and ammunition in the respondent’s possession, custody, or control, if there is probabl

  • 2025 HB2 reference

    1-E:28. In the event these funds are not fully expended for this population, the department shall have the authority to use said funds to fund services for individuals served under RSA 171-A, RSA 161-F:52, and RSA 135-C. The governor is authorized to draw a warrant for said sum out of any money in the treasury not otherwise appropriated. 141:434 Effective Date. Sections 432 and 433 of this act shall take effect September 30,

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