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RSA 135-C:45 · Order of Court

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:45 Order of Court. –

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I.

In hearings held under this chapter, after hearing all the evidence, the court may order the respondent to be released, notwithstanding expert testimony, or it may order the person to submit to some form of treatment other than inpatient treatment on an involuntary basis, which may include treatment at a community mental health program approved by the commissioner. If the examining psychiatrist recommends involuntary admission to a receiving facility as the most desirable form of treatment, the court may so order. The court may furnish a copy of the psychiatric evaluation, pursuant to RSA 135-C:43, II, performed by the psychiatrist designated by the court to the designated receiving facility, as defined in RSA 135-C:26, or the secure psychiatric unit. If the court determines that involuntary admission to a receiving facility is necessary, but the examining psychiatrist finds otherwise in his report under RSA 135-C:40, the court may overrule the recommendation of the psychiatrist only after the court finds that treatment other than involuntary admission to a receiving facility would not be in the best interests of the person and the community.

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II.

In any order of admission to a receiving facility, the court shall include in the duration of said order an appropriate period of time, if any, to allow for conditional discharge. Admission for purposes of conditional discharge shall be appropriate when the person has recovered from his mental illness to such an extent that he no longer requires inpatient treatment but a prescribed regimen of medical, psychiatric, or psychological care or treatment is necessary to prevent the recurrence of the circumstances which led to the person's dangerous condition. When a notice of decision is issued by the court, a copy of the order shall be provided electronically, or in another manner which shall provide notice at the earliest practicable time, to the appropriate receiving facility.

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III.

If the respondent is on a conditional discharge at the time of the hearing, the court may order involuntary admission to a receiving facility, or renew such an order, for the purpose of permitting the respondent to remain on conditional discharge if such treatment is necessary to prevent the recurrence of the circumstances which led to the person's dangerous condition. Source. 1986, 212:1. 1992, 218:5. 1995, 310:183. 2011, 110:2, eff. May 31, 2011. 2016, 187:2, eff. June 3, 2016.

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Source note

Source. 1986, 212:1. 1992, 218:5. 1995, 310:183. 2011, 110:2, eff. May 31, 2011. 2016, 187:2, eff. June 3, 2016.

Source history

  • 1986, 212:1
  • 1992, 218:5
  • 1995, 310:183
  • 2011, 110:2, eff. May 31, 2011
  • 2016, 187:2, eff. June 3, 2016

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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