RSA 651:11-a · Duration of Committal Orders

651:11-a Duration of Committal Orders. –

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I.

Orders of committal to the secure psychiatric unit made pursuant to this chapter shall be valid for 5 years. For the order to be renewed, another judicial hearing must be held. At the renewal hearing, when the court is satisfied by clear and convincing evidence that the person suffers from a mental disorder and that it would be dangerous for him to go at large, the court shall renew the order of committal.

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II.

Without otherwise limiting the discretion of the court, a court shall find it would be dangerous for a person to go at large if:

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(a)

He has been found not guilty by reason of insanity of a crime; and

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(b)

The physical act or acts constituting the crime of which the person was found not guilty by reason of insanity caused death or serious bodily injury as defined in RSA 625:11, VI, to him or another, or created a grave risk of death or serious bodily injury to him or another; and

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(c)

The person suffers from the mental disorder or a substantially similar mental condition as existed at the time he committed the act or acts which constituted the crime of which he was found not guilty by reason of insanity.

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III.

Without otherwise limiting the discretion of the court, a court may find that it would be dangerous for a person to go at large if:

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(a)

He has been found not guilty by reason of insanity of a crime; and

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(b)

The physical act or acts constituting the crime of which the person was found not guilty by reason of insanity resulted in damage to the property of another, or created a grave risk of damage to the property of another, or caused harm or a risk of harm to himself or another; and

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(c)

The person suffers from the mental disorder or a substantially similar mental condition as existed at the time he committed the act or acts which constituted the crime of which he was found not guilty by reason of insanity.

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IV.

The following provisions shall apply after the court renews the order of committal pursuant to paragraph I of this section:

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(a)

If the court renews the order of committal but finds by clear and convincing evidence that the person's release under certain conditions, including, but not limited to, a prescribed regimen of medical, psychiatric, or psychological care or treatment, would no longer create a substantial risk of bodily injury to himself or another person or serious damage to property of another, the court may:

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(1)

Order that he be conditionally discharged under conditions the court finds appropriate, including any prescribed regimen of medical, psychiatric, or psychological care or treatment that has been prepared for him, which has been certified to the court as appropriate by the commissioner of the department of corrections or his designee or by the director of another facility not within the department of corrections in which he is committed, and which has been found by the court to be appropriate; and

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(2)

Order, as an explicit condition of release, that he comply with the conditions imposed by the court, including any prescribed regimen of medical, psychiatric, or psychological care or treatment.

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(b)

The court at any time may, after a hearing employing the same criteria as a hearing pursuant to subparagraph (a), modify or eliminate the conditions imposed, including any prescribed regimen of medical, psychiatric, or psychological care or treatment.

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(c)

The commissioner of the department of corrections or the director of another program or facility not within the department of corrections responsible for administering a condition or regimen imposed on a person conditionally discharged under subparagraph (a) shall notify the attorney general and the court having jurisdiction over the person of any failure of the person to comply with the condition or regimen, or of any other circumstances which create a reasonable likelihood that it is dangerous for the person to remain conditionally discharged. Upon such notice, or upon other probable cause to believe that the person has failed to comply with the condition or prescribed regimen of medical, psychiatric, or psychological treatment, or that other circumstances exist which create a reasonable likelihood that it is dangerous for the person to remain conditionally discharged, the person may be arrested, and, upon arrest, shall be taken without unnecessary delay before the court having jurisdiction over him. The court shall, after a hearing, determine whether the person should be remanded to the secure psychiatric unit or to another suitable facility on the basis that in light of his failure to comply with the conditions imposed by the court, including any prescribed regimen of medical, psychiatric, or psychological care or treatment, or because of other circumstances, his continued release would create a substantial risk of bodily injury to himself or another person or serious damage to property of another. Source. 1975, 388:4. 1977, 180:1. 1982, 34:2. 1985, 337:7. 1987, 13:2, eff. June 2, 1987.

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