Chapter 171-B: Involuntary Admission for Persons Found Not Competent to Stand Trial

For proceedings under this chapter, jurisdiction is vested in the probate court in the county where the person sought to be admitted resides or is detained. For a person who is subject to an order for involuntary admission under this chapter, jurisdiction for a hearing held pursuant to this chapter is vested in the probate court for the county wherein the person is receiving services or where the receiving facility that has custody of the person is located, unless the court making the initial involuntary admission order has specifically retained jurisdiction over such person.

The standard to be used by a court, physician, psychologist or psychiatrist in determining whether a person should be admitted on an involuntary basis shall be whether:

I. The person has been charged with a felony involving serious bodily injury or the use of a deadly weapon, or with aggravated felonious sexual assault (other than pursuant to RSA 632-A:2, I(h)) or felonious sexual assault, or with arson pursuant to RSA 634:1, II or III;

II. A district court, superior court, or grand jury has found that probable cause exists that the person committed a felony as set forth in paragraph I;

III. The person is determined to be not competent to stand trial;

IV. The person has an intellectual disability, as defined in the most current edition of the Diagnostic Manual-Intellectual Disability developed by the National Association for the Dually Diagnosed in association with the American Psychiatric Association; and

V. The person has a condition or behavior as a result of which the person poses a potentially serious likelihood of danger to others or a potentially serious threat of engaging in acts which would constitute arson as evidenced by a specific act or actions which may include such act or actions giving rise to the felony charge according to RSA 171-B:2, I.

Only the attorney general, or designee, or the commissioner of the department of health and human services, or designee, may bring a petition for a hearing under RSA 171-B:4.

The petition for admission on an involuntary basis shall include:

I. The name of the person sought to be admitted and such person's last known address.

II. The specific facts that the petitioner alleges satisfy RSA 171-B:2.

III. A certificate from a physician, psychiatrist, or psychologist who shall have experience and training in developmental and intellectual disabilities, who has examined the person and reviewed the condition or behavior of the person sought to be admitted within 10 days of the date the petition is filed and who agrees that, based on this examination, such person satisfies RSA 171-B:2, IV and V.

IV. The names and addresses of witnesses who can testify to the specific acts, conditions, or behaviors of the person sought to be admitted which the petitioner alleges will satisfy the requirements of RSA 171-B:2.

The probate court judge of original jurisdiction shall, upon receipt of the petition, set a hearing date. The hearing shall be held within 20 days, excluding Saturdays, Sundays, and legal holidays, from the date of receipt of the petition.

Subsequent to receipt of the petition for involuntary admission, the clerk shall, within 2 days of receipt of the petition, forward 2 copies to the person sought to be admitted.

Upon receipt of the petition, the court shall order a person sought to be admitted to submit to an examination by a physician, psychiatrist, or psychologist, who shall have experience and training in developmental and intellectual disabilities, who is designated by the court. The expert so designated shall file with the court at least 7 days prior to the day of the hearing, a written report. The report shall include the examiner's opinions as to the following:

I. Whether the person sought to be admitted meets the standard in RSA 171-B:2, IV and V;

II. Whether involuntary admission is necessary; and

III. If paragraphs I and II are met, the facility or program which can best provide the degree of security, services and treatment needed for the person.

No later than 5 days prior to the day of the hearing, a copy of the report prepared pursuant to RSA 171-B:7 shall be made available to the petitioner, the person sought to be admitted and to such person's attorney.

Either party may apply to the court for continuance of the hearing on a petition for involuntary admission which the court may grant for good cause shown.

At the hearing, the person whose mental condition is the subject of the hearing shall have the right to legal counsel, to present evidence on such person's own behalf, and to cross-examine witnesses. Such person shall also have the right to summon as witnesses the expert who filed the report pursuant to RSA 171-B:7 and to cross-examine the expert. The hearing shall be a public hearing. A transcript, which may, at the court's discretion, consist only of an audio recording, shall be made of the entire proceedings.

In hearings held under this chapter, upon the request of the person sought to be admitted, a change of venue or transfer may be granted at the court's discretion.

If, after the hearing, the court finds by clear and convincing evidence that the person meets the standard set forth in RSA 171-B:2, the court shall order the person to submit to:

I. Treatment and services in a receiving facility within the state developmental services delivery system;

II. Treatment and services within the state developmental services delivery system other than in-patient treatment; or

III. Treatment and services in the secure psychiatric unit if the court determines that the programs and placements enumerated in paragraph I or II do not provide sufficient security and protection to the public.

An order made pursuant to RSA 171-B:12 may be valid for up to 5 years. For the order to be renewed, another hearing shall be held pursuant to this chapter.

The court issuing an order for involuntary admission to the state developmental services system shall retain jurisdiction of the case for the duration of the order. At any time during the period of such order, the commissioner of the department of health and human services or designee may petition the probate court having jurisdiction for a hearing on whether the order should be amended or the person should be involuntarily admitted to a receiving facility or the secure psychiatric unit.

I. A person admitted to any receiving facility pursuant to this section may at any time be transferred by the administrator of the receiving facility to the secure psychiatric unit upon a determination that the person would present a serious likelihood of danger to self or to others if retained in any receiving facility. Any such transfer shall be subject to the provisions of RSA 622:45. No person shall be retained in the secure psychiatric unit longer than the period of involuntary admission ordered by the court under this chapter.

II. A person admitted to any receiving facility pursuant to this chapter may be transferred at any time to another receiving facility designated for that purpose by the commissioner of the department of health and human services when such receiving facility can provide the degree of security, service, and treatment needed by the person in accordance with rules established under RSA 171-A:8-a.

III. In the event a person is transferred pursuant to this section, the commissioner or designee shall provide notice to the attorney general pursuant to RSA 135:17-b.

No person who is admitted to a receiving facility or to the secure psychiatric unit pursuant to this chapter shall be discharged, either absolutely or conditionally, prior to the expiration of the order of commitment without prior approval of the chief administrator of the state developmental services system when the person is committed to a receiving facility, or the commissioner of the department of corrections, when the person is committed to the secure psychiatric unit. No person who is transferred to the secure psychiatric unit pursuant to RSA 171-B:15 shall be discharged or transferred from the unit prior to the expiration of the order of commitment without prior approval of the commissioner of the department of corrections.