Title X, Public Health

The general court finds that a small but extremely dangerous number of sexually violent predators exist who have antisocial personality features which are unamenable to existing mental illness treatment modalities, and those features render them likely to engage in criminal, sexu…

The Interstate Compact on Mental Health is hereby enacted into and entered into by this state with all other states legally joining therein in the form substantially as follows: Interstate Compact on Mental Health The contracting states solemnly agree that: Article I The party st…

In all civil commitment proceedings for sexually violent predators under this chapter: I. The rules of evidence, the doctor-patient privilege under RSA 329:26, privileged communications pursuant to RSA 330-A:32, or other similar statutes or rules shall not apply in proceedings un…

I. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the criteria and the process of approval by the director of community mental health programs for their eligibility to: (a) Receive municipal contributions under RSA 135-C:9. (b) Make involuntary admissions …

The commissioner may accept grants or other allocations of funds from the federal government for mental health services and may allocate, distribute, expend, or enter into contracts for the expenditure of such funds in accordance with the terms of the grants or allocations.

I. The state shall have the burden of proving by clear and convincing evidence that the person is a sexually violent predator. If the determination is made by a jury, the verdict shall be unanimous. If the jury is unable to reach a unanimous verdict, the court shall declare a mis…

I. Any person seeking services from the state mental health services system may apply to an approved community mental health program or to a receiving facility. II. Application shall be made by, or with the consent of, the person seeking services. An application for a person 18 y…

I. Prior to the expiration of the initial commitment order or any recommittal order, the county attorney or attorney general may file a petition to recommit the person. II. If the state petitions to renew the committal, the court shall hold a hearing. The person is entitled to be…

Every severely mentally disabled person shall be eligible for admission to the state mental health services system, and no such person shall be denied services because of race, color or religion, sex, gender identity, or inability to pay. Eligible persons shall include formerly s…

I. If the commissioner, or designee, at any time determines that the person is not likely to commit acts of sexual violence if discharged, the commissioner or his or her designee shall notify the court and the court shall hold a hearing. The petition shall be served upon the cour…

The department may provide services to persons in need of mental health treatment who are not severely mentally disabled and may provide prevention, emergency, information and referral, consultation, education and other services to individuals and organizations without regard to …

A person may file a petition for discharge at any time after commitment under this chapter without the approval of the commissioner, or his or her designee. Notice of the petition shall be provided to the commissioner and to the county attorney or attorney general. After reviewin…

The New Hampshire hospital is authorized to employ patients of said hospital to perform such services as may be determined as not necessarily being beneficial for the care and treatment of any such patients. Such patients shall not be state employees, and they shall be paid no le…

I. In order to protect the public, relevant information and records that are otherwise confidential or privileged shall be released to the agency with jurisdiction, to a multidisciplinary team, or to the county attorney or attorney general for the purpose of meeting the notice re…

Except for emergency treatment or involuntary admissions ordered under RSA 135-C:27-54, all placements of clients in the programs and services in the mental health system shall be voluntary and shall require the documented consent of the client or guardian. Placements shall be ma…

Subject to RSA 135-C:17, any client receiving service or treatment on a voluntary basis may at any time withdraw from the service or treatment or from any specific form of treatment. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to the rights of minors to wi…

The long-term control, care, and treatment of a person committed under this chapter shall conform to constitutional requirements.

I. (a) When a person is charged or indicted for any offense, or is awaiting the action of the grand jury on any felony, the circuit or superior court before which he or she is to be tried, if a plea of insanity is made in court, or said court is notified by either party that ther…

If a client admitted to a receiving facility on a voluntary basis informs the facility of his desire to withdraw completely from the facility, the administrator of the facility or his designee may order a mental and physical examination of the client to determine whether the crit…

The agency with jurisdiction and its officers and employees; the department and its officers and employees; members of the multidisciplinary team; the department of health and human services and its officers and employees; the county attorney or attorney general and the county at…

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 likeliho…

I. Notwithstanding any provision of law to the contrary, the first instance a person has been charged with a violent crime and found incompetent to stand trial pursuant to RSA 135:17-a, and civilly committed pursuant to RSA 135-C or RSA 171-B, found incompetent to stand trial pur…

All evaluation reports, recommendations, medical records, or other documents related to the court's determinations under RSA 135:17-a, I, II, and III shall be kept separately from the public court file and shall not be disclosed except as follows: I. The court may order release w…

If any provision of this chapter or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter which can be given effect without the invalid provisions or applications, and to this end the…

Any program or facility in the mental health services system may at any time terminate or suspend services to the client when the termination or suspension is in the best interests of the client or when the client cannot benefit from the service. Services may also be terminated o…

This chapter applies retroactively to all persons in custody as of the effective date of this statute who have been convicted of a sexually violent offense, as well as prospectively.

There shall be an individual service plan for every client in the mental health services system. The program or facility into which the client was placed shall develop the individual service plan which shall be regularly reviewed and modified if necessary. To the extent feasible,…

I. Notwithstanding RSA 329:26 and RSA 330-A:32, a community mental health center or state facility providing services to seriously or chronically mentally ill clients may disclose information regarding diagnosis, admission to or discharge from a treatment facility, functional ass…

Pursuant to the compact, the governor is hereby authorized to designate an officer who shall be the compact administrator and who, acting jointly with like officers of other party states, shall have power to adopt rules relative to the effective administration of the compact. The…

As used in this chapter: I. "Absolute discharge" means the final and complete discharge of a mentally ill patient from any form of treatment by the department. II. "Administrator" means the superintendent, executive director, or other chief administrative officer of any facility …

In this chapter: I. "Agency with jurisdiction" means the agency that releases, upon lawful order or authority, a person who is serving a sentence in the custody of the department of corrections, or a person who was involuntarily committed upon a finding that the person was not gu…

It is the policy of New Hampshire to implement a system of care model for providing behavioral health services to children in all of the publicly-funded service systems in the state, including but not limited to, children with exposure to adverse childhood experiences and those w…

I. For proceedings under RSA 135-C:27-33, jurisdiction is vested in the district court of the city or town where the person is detained. II. For proceedings under RSA 135-C:34-54, jurisdiction is vested in the probate court in the county where the person sought to be admitted res…

I. No later than 30 days prior to the release of a sexually violent predator, the department shall give written notice of the person's release to the victim advocate for the county in which the person was prosecuted, and to the extent possible the victim or the victim's family sh…

I. A person who escapes or attempts to escape from lawful custody pursuant to this chapter is guilty of a class A felony. II. If a person escapes while in custody pursuant to this chapter, the department shall immediately notify the victim and the county attorney or attorney gene…

The attorney general or his designee shall represent the state of New Hampshire in proceedings conducted pursuant to this chapter in which the state is an interested party.

A physician licensed in the state, a psychiatrist-supervised physician associate licensed in this state, a psychiatric mental health advanced practice registered nurse, or a person acting under such physician's, psychiatrist-supervised physician associate's, or advanced practice …

The right of a client or a person sought to be admitted to a program or facility to legal counsel prior to and during any judicial hearing conducted under this chapter shall be absolute and unconditional. The right to legal counsel for any client or person sought to be admitted d…

The department of health and human services, in consultation with the department, shall adopt rules, pursuant to RSA 541-A, relative to: I. The designation of secure facilities for sexually violent predators who are subject to involuntary commitment under this chapter. II. The co…

The right of a person sought to be committed as a sexually violent predator to legal counsel prior to and during any judicial hearing conducted under this chapter shall be absolute and unconditional. The right to legal counsel for any person sought to be committed during any judi…

If the client or person sought to be admitted does not have legal counsel in connection with hearings held under this chapter, the court shall appoint an attorney who shall be compensated at a rate as determined by the supreme court. The cost of such court-appointed attorneys, in…

I. A court may extend any time limit set forth in this chapter, upon request, for good cause shown. II. The time limits set forth in this chapter are not intended to be jurisdictional. Failure to comply with a time limit prior to the expiration of the person's incarcerative sente…

Before any judicial hearing commences, the client or the person sought to be admitted shall be given written and oral notice, in a language he understands, of his right to be represented by legal counsel and to have legal counsel appointed for him if he is indigent.

Notwithstanding any other provision of law, any person aggrieved by an order or decree of the probate court has a right to a review by the supreme court in the same manner provided for the review of cases heard before the superior court.

I. New Hampshire hospital and any other facility approved by the commissioner shall be designated as receiving facilities for the care, custody, and treatment of persons subject to involuntary admissions. Any community mental health program, hospital, community residence, nursing…

A person shall be eligible for involuntary emergency admission if he is in such mental condition as a result of mental illness to pose a likelihood of danger to himself or others. I. As used in this section "danger to himself" is established by demonstrating that: (a) Within 40 d…