RSA 135:17-a · Competency Hearing; Commitment for Treatment

135:17-a Competency Hearing; Commitment for Treatment. –

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I.

If, after hearing, the district court or superior court determines that the defendant is not competent to stand trial, the court shall order treatment for the restoration of competency unless it determines, by clear and convincing evidence, that there is no reasonable likelihood that the defendant can be restored to competency through appropriate treatment within 12 months. If the court finds, by clear and convincing evidence, that the defendant cannot be restored to competency within 12 months, the case against the defendant shall be dismissed without prejudice and the court shall proceed as provided in paragraph V.

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II.

If the defendant is to undergo treatment to restore competency, he or she may be treated in the state mental health system or at the secure psychiatric unit only under an order for involuntary admission or involuntary emergency admission ordered by the district court or probate court having jurisdiction pursuant to RSA 135-C. In all other cases, the accused shall, if otherwise qualified, be admitted to bail. The court may order bail supervision by the division of field services and impose such conditions, in addition to the appropriate course of treatment to restore competency, as the court deems necessary to ensure the appearance of the defendant for further proceedings in the case, and the safety of the defendant and the community.

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III.

Except for good cause shown, a further hearing to determine the defendant's competency shall be held no later than 12 months after the order committing the defendant for treatment. The hearing may be held earlier if the court is notified that the defendant has been restored to competency, or that there is no longer a reasonable likelihood of such restoration. The state or the secure psychiatric unit shall notify the state's attorney, defense counsel, and the office of the forensic examiner if the defendant's symptoms have been stabilized to allow the defendant's competency to be reevaluated. Prior to the scheduled hearing, the qualified psychiatrist or psychologist who conducted the initial competency evaluation shall conduct a further evaluation pursuant to RSA 135:17, and furnish a copy of the report of such evaluation to the court and the parties. If that qualified psychiatrist or psychologist is unavailable or unable to conduct such further evaluation, the court may order that the evaluation be conducted by another qualified psychiatrist or psychologist other than the treating qualified psychiatrist or psychologist.

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IV.

If following the hearing, the court determines that the defendant has regained competency, within 60 days the court shall docket the matter and set a date for trial. If the court finds that the defendant has not regained competency, the case against the defendant shall be dismissed without prejudice.

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V.

If the court has determined that the defendant has not regained competency, and the court determines that he or she is dangerous to himself or herself or others, the court shall order the person to remain in custody for a reasonable period of time, not to exceed 90 days, to be evaluated for the appropriateness of involuntary treatment pursuant to RSA 135-C:34 or RSA 171-B:2. The court may order the person to submit to examinations by a physician, psychiatrist, or psychologist designated by the state for the purpose of evaluating appropriateness and completing the certificate for involuntary admission into the state mental health services system, the state developmental services delivery system, or the secure psychiatric unit, as the case may be. If a defendant who was charged with a sexually violent offense, as defined in RSA 135-E:2, XI, has not regained competency, the court shall proceed pursuant to RSA 135-E.

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VI.

If the person is ordered to be involuntarily admitted following proceedings pursuant to RSA 135-C or RSA 171-B, the court may, upon motion of the attorney general or county attorney at any time during the period of the involuntary admission and before expiration of the limitations period applicable to the underlying criminal offense, order a further competency evaluation, to be conducted as prescribed in paragraph III. Such further competency evaluations may be ordered if the court finds that there is a reasonable basis to believe that the person's condition has changed such that competency to stand trial may have been affected. During proceedings authorized by this paragraph, the person is entitled to the assistance of counsel, including appointed counsel under RSA 135-C:22.

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VII.

Upon a finding that the defendant is not competent to stand trial, the court, at the competency hearing, shall determine if the competency report shall be available to the receiving facility, as defined in RSA 135-C:26, or the secure psychiatric unit. Before the court determines whether to provide the competency report to the receiving facility or the secure psychiatric unit, the court shall provide the defendant with an opportunity to object. The court shall consider the defendant's privacy interest in the content of the competency report and the receiving facility's, or the secure psychiatric unit's, need to review the competency report for purposes of treatment. Source. 1990, 266:1. 1994, 55:1; 408:2. 1999, 195:1-3. 2000, 229:2. 2001, 243:3. 2005, 201:1, 2. 2006, 327:22. 2009, 263:2. 2010, 46:1, eff. May 18, 2010. 2019, 120:2, 3, eff. Aug. 20, 2019.

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