NEW HAMPSHIRE HOSPITAL AND INSANE PERSONS

RSA tit. X, ch. 135

in effect

RSA 135:14-a Patient Employment.

135:14-a. Patient Employment. 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 less than the prevailing federal minimum wage. Payment of wages to such patient workers shall be made through a payment program which does not conflict with state or federal requirements. Source. 1974, 40:42, II. 1975, 377:1. 1979, 69:1, eff. June 17, 1979.

RSA 135:17 Competency; Commitment for Evaluation.

135:17. Competency; Commitment for Evaluation. 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 there is a question as to the competency or sanity of the person, may make such order for a pre-trial examination of such person by a qualified psychiatrist or psychologist on the staff of any public institution or by a private qualified psychiatrist or psychologist as the circumstances of the case may require, which order may include, though without limitation, examination at any suitable location, should he or she be incarcerated for any reason, at his or her place of detention by qualified psychiatrists or psychologists assigned to a state or local mental health facility, whether in-person or via appropriate electronic means. If, within 10 days of the scheduling of the examination, the prosecutor or defense counsel objects to the examination's being conducted by electronic means, the electronic evaluation shall be canceled, and an in-person examination shall be scheduled. The court may determine that such pre-trial examination is unnecessary and proceed according to RSA 135:17-a, I. In all other cases, such pre-trial examination shall be completed within 45 days in the case of a person being held at a county correctional facility, otherwise 90 days after the date of the order for such examination, unless either party requests an extension of this period. For the purposes of this paragraph and RSA 135:17-a, III, "qualified" means board-eligible or board-certified in forensic psychiatry or psychology, or demonstrated competence and experience in completing court-ordered forensic criminal evaluations. A licensed out-of-state psychiatrist or psychologist who meets the definition of qualified may also conduct evaluations under this paragraph and RSA 135:17-a, III. (b) In cases where the person is being held at a county correctional facility or the New Hampshire state prison, the facility may request a pre-trial examination of such person for the purpose of determining if the person is competent to stand trial. Such request shall be reviewed, and a decision rendered by the district or superior court before which he or she is to be tried. (c) In cases where the person is incarcerated and a pre-trial examination has not been performed within 45 days of the court's order, or when the person is not incarcerated, performed within 90 days, the court shall, upon request of the person, order an evaluation by a qualified psychiatrist or psychologist. The court shall favorably consider a request that the psychiatrist or psychologist be treated as a defense expert who shall be compensated pursuant to RSA 604-A:6. (d) In cases where the person is incarcerated and an examination has not been performed, the court before which he or she is to be tried shall review the person's bail status on a monthly basis. In cases where the person is not incarcerated, and the evaluation has not been completed within 90 days, the court shall schedule a status conference, and every 30 days thereafter. (e) The court shall order that all medical, mental health, and educational records from the last 3 years be provided to the forensic examiner. Records dating further back in time shall be ordered to be provided as necessary. Records used by the forensic examiners will not be released to any parties in the matter without a judicial order. The court shall consider the person's privacy interest in the content of the records used to produce the forensic evaluation and the access-seeking party's need to review the records received to facilitate the forensic evaluation. (f) Failure of the defendant to appear for and participate in the forensic evaluation, as ordered, or to provide records, as ordered, may constitute good cause for an extension of the time frames herein and may subject the defendant to contempt of court. (g) In cases where a forensic evaluation as ordered pursuant to RSA 135:17, I (a) is unavailable, the court may inquire of the parties if a hearing pursuant to RSA 135:17-a, I is required either due to the issue of competency being contested, or the issue of restorability being contested. If the issues of competency and restorability are not contested due to agreement that the defendant is not competent and not restorable, the court may dismiss the charges without prejudice under RSA 135:17-a, I and shall proceed as provided in RSA 135:17-a, V. II. The circuit or superior court may allow the parties to obtain separate competency evaluations if such request is made and the circumstances require it. The competency evaluations shall address: (a) Whether the defendant suffers from a mental disease or defect; and (b) Whether the defendant has a rational and factual understanding of the proceedings against him or her, and sufficient present ability to consult with and assist his or her lawyer on the case with a reasonable degree of rational understanding. III. If the qualified psychiatrist or psychologist concludes that the defendant is not competent to stand trial under the definition set forth in II(b), the evaluation shall include the qualified psychiatrist's or psychologist's findings as to whether there is a course of treatment which is reasonably likely to restore the defendant to competency. Source. 1901, 21:1. 1911, 13:1. PL 11:13. RL 17:13. RSA 135:17. 1967, 132:4. 1969, 184:1. 1973, 532:28. 1975, 83:1. 1985, 337:12. 2000, 229:1. 2009, 263:1. 2010, 250:1, eff. Sept. 4, 2010. 2015, 249:3, 4, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017. 2019, 120:1, eff. Aug. 20, 2019. 2024, 35:1, eff. Jan. 1, 2025.

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

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

RSA 135:17-b Notification Authorized.

135:17-b. Notification Authorized. 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 pursuant to RSA 135:17 and committed pursuant to RSA 651:9-a, is transferred to another facility or discharged to the community, either conditionally or absolutely, the department of health and human services shall immediately notify the attorney general, who shall notify the victim as defined in RSA 21-M:8-k, I(a) and, in the event of a discharge, the law enforcement agency in the community to which the person is being discharged. For purposes of this section, discharge means the initial authorization by the administrative review committee of New Hampshire hospital to allow a person to leave the grounds of the hospital unaccompanied by a hospital staff member. II. For purposes of this section, the term "violent crime" includes those crimes listed in RSA 651:5, XIII and the following: (a) RSA 173-B:9, violation of protective order. (b) RSA 631:2, second degree assault. (c) RSA 631:3, felony reckless conduct. (d) RSA 631:4, criminal threatening involving the use of a deadly weapon. (e) RSA 633:3-a, stalking. (f) RSA 635:1, burglary. (g) RSA 641:5, tampering with witnesses and informants. (h) RSA 650-A:1, felonious use of firearms. Source. 2010, 293:4. 2011, 251:1. 2012, 151:1, eff. Aug. 6, 2012. 2020, 37:120, eff. July 1, 2020.

RSA 135:17-c Information Related to Competency Determinations.

135:17-c. Information Related to Competency Determinations. 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 with the written consent of the parties. II. The competency report may be provided to the receiving facility or the secure psychiatric unit pursuant to RSA 135:17-a, VII. III. In any case in which the court finds that the defendant is not competent to stand trial pursuant to RSA 135:17-a, I, or has not been restored to competency pursuant to RSA 135:17-a, IV, the court shall make written findings which describe the evidence which was relied upon to make its determination. Such written findings shall be part of the public court file. The prosecutor shall provide a copy of the written findings to the victim, as defined in RSA 21-M:8-k. Source. 2012, 151:2, eff. Aug. 6, 2012.

RSA 135:21-b Emergency Treatment.

135:21-b. Emergency Treatment. 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 registered nurse's direction may administer a recognized and approved form of medical or psychiatric treatment which the physician, psychiatrist-supervised physician associate, or psychiatric mental health advanced practice registered nurse reasonably believes will tend to promote the physical and mental health of a patient of the New Hampshire hospital, Glencliff home, any community mental health or developmental services program or treatment facility receiving state grants under RSA 171-A, or any other treatment facility designated as a receiving facility under RSA 135-C, when: I. The physician, psychiatrist-supervised physician associate, or psychiatric mental health advanced practice registered nurse reasonably believes that a medical or psychiatric emergency exists; and II. The patient because of physical or mental condition is unable to make an informed decision, as defined in RSA 135-C:2, IX, with respect to the medical or psychiatric treatment offered; and III. No person who is legally responsible for the patient can be consulted or appointed; and IV. A reasonable person would consent to the administration of the emergency treatment. Source. 1975, 219:1. 1979, 442:7. 1983, 469:134. 1988, 107:5. 1994, 248:2, 3. 2001, 184:1. 2007, 263:12. 2008, 52:2. 2009, 54:5, eff. July 21, 2009. 2019, 278:1, eff. Sept. 17, 2019. 2022, 272:54, eff. June 24, 2022. 2025, 105:1, 3, eff. June 17, 2025.

RSA 135:50 Forensic Liaison and Competency Restoration Pilot Program Established.

135:50. Forensic Liaison and Competency Restoration Pilot Program Established. I. In this section, "parties" means the prosecution, the defense, and the office of the forensic examiner. II. The department of health and human services shall establish a 2-year pilot program creating the position of one or more forensic liaisons (FL) and contracting for all services necessary for competency restoration not otherwise covered by a third-party payer. The FL shall operate as neutral entities between the parties and the court in instances when competency is raised as an issue in a criminal case. The FL shall operate in the superior court in Merrimack or Strafford county and in the circuit courts district division in the county that is selected. The commissioner of the department of health and human services shall be responsible for designating an employee of the department to hire, train, and supervise the FL, or shall contract with another entity to provide such services and any services necessary for competency restoration not covered by a third-party payer. The FL shall hold at least a bachelor's-level degree in social work, psychology, criminal justice, or sociology, or have a minimum of 2 years of work experience in a relevant field, as determined by the department or contracted entity. III. The duties of the FL shall include the following, unless provided by an existing case manager or other provider in an effort to avoid the duplication of services: (a) Facilitating the defendant's attendance at the initial competency evaluation with the office of the forensic examiner. (b) Assisting the defendant in obtaining the proper evaluations to determine the services necessary for competency restoration. (c) Providing recommendations to the parties and the court in writing as to the most appropriate treatment or service to restore a defendant's competency based on the evaluations in subparagraph (b) above. (d) Assisting the defendant in obtaining and receiving any recommended services for competency restoration or that would facilitate competency restoration services. (e) Assisting the defendant in reducing barriers to accessing and maintaining treatment and services. (f) Sharing information with the parties and the court regarding the defendant's progress in and adherence to treatment. (g) Sharing information with the parties and the court relating to changes in the defendant's condition relative to competency, restorability, or dangerousness. (h) Receiving and disseminating treatment information from all mental health treatment facilities and providers with the parties and the court. (i) Providing updates to the parties and the court as outlined in RSA 135:17 and RSA 135:17-a on the progression of competency restoration. (j) Communicating and coordinating care with court-ordered providers. (k) Performing any other appropriate duties as assigned by the department. IV. The FL is entitled to all past and present relevant records and information relating to the defendant's competency. The defendant shall provide authorization for the FL to obtain all necessary mental health records. If the defendant does not provide the FL with relevant records or access to records, the FL shall notify the parties, who may petition the court for an order requiring the provision of such records. All materials received by the FL shall be confidential and exempt from disclosure under RSA 91-A. The FL shall provide access to relevant records to the parties and the court for the sole purpose of assessment and evaluation of competency. Such records shall be kept confidential by the parties and the court and shall not be used for any purpose other than determination of competency, except that in the case of a person deemed not competent, not restorable, and dangerous per RSA 135:17-a, V, in which case the records shall be available to the state for the purpose of initiating a guardianship or involuntary admission. Information provided by the FL to the parties and the court regarding the defendant's treatment, or adherence thereto, shall be sealed. The court may unseal such records or updates at its discretion. V. The FL may be ordered to appear in any proceeding in which the court determines the FL is necessary. In all cases, the parties and the court are entitled to file motions based upon reports made to them by the FL. VI. For each year of the pilot program, the FL shall report to the department the number of cases received, the number of cases in which competency restoration was effectuated, and any recommendations to improve the competency restoration system in New Hampshire. The department shall present this report to the health and human services oversight committee. VII. The department shall not be required to implement the pilot program established in paragraph II until such date that the program is sufficiently funded to meet the requirements of this section. Source. 2026, 1:3, eff. Feb. 6, 2026.

Source: New Hampshire General Court (gc.nh.gov)URL: https://gc.nh.gov/rsa/html/NHTOC/NHTOC-X-135.htmFetched: 10/20/2026