N.H. Rev. Stat. § 169-B:20 — NH Code / Title XII / Chapter 169-B / Section 20
169-B:20 Determination of Competence.
Status: in_force

I. As used in this section, unless the context otherwise indicates, the following terms have the following meanings: (a) "Chronological immaturity" means a condition based on a juvenile's chronological age and significant lack of developmental skills when the juvenile has no significant mental illness or mental retardation. (b) "Mental illness" means any diagnosable mental impairment supported by the most current edition of the Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. (c) "Developmental disability" means a disability which is attributable to an intellectual disability, cerebral palsy, epilepsy, autism, or a specific learning disability, or any other condition of an individual found to be closely related to an intellectual disability as it refers to general intellectual functioning or impairment in adaptive behavior or requires treatment similar to that required for persons with an intellectual disability. (d) "Intellectual disability" means significantly subaverage general intellectual functioning existing concurrently with deficits in adaptive behavior. II. A minor is competent to proceed in a delinquency proceeding if the minor has: (a) A rational as well as a factual understanding of the proceedings; and (b) A sufficient present ability to consult with counsel with a reasonable degree of rational understanding. III. The issue of a competency to proceed may be raised by the minor, by the prosecutor, or by the court at any point in the proceeding. A competency determination is necessary whenever the court has a bona fide or legitimate doubt as to a competency to proceed. IV. If the court determines that a competency determination is necessary, it shall order that a minor be examined to evaluate the minor's competency to proceed. The court shall set the time within which the competency evaluation report shall be filed with the court, which shall be no later than 21 days of the court's order in cases in which at the time of the order the minor is detained, not later than 30 days of the court's order in cases in which at the time of the order the minor is in an out-of-home placement, and not later than 60 days of the court's order in cases in which at the time of the order the minor remains in the home. So that detention or placement outside the home is not unnecessarily extended by the determination of competency, the time within which the report shall be filed with the court shall be appropriately modified by the court in cases in which during the pendency of the competency evaluation the minor's placement changes. Following notice and an opportunity to be heard to the parties, upon a showing of good cause, the court may extend the time for filing of the evaluation report. Any such extension shall be limited to the time necessary for completion of the evaluation report and shall be set out in a written order which details the basis for the extension. V. A competency evaluation may be conducted by an entity approved by the commissioner of health and human services, which may include an agency, a psychiatrist, or psychologist licensed in the state of New Hampshire. The commissioner shall adopt standards establishing the process for approval as an examiner as well as the qualifications required for approval, which shall be based on generally accepted standards for forensic psychiatrists and psychologists. VI. Pending a competency examination, the court shall suspend proceedings on the petition. The suspension shall remain in effect pending the outcome of a competency determination hearing. VII. (a) The examiner's report shall address the juvenile's capacity and ability to: (1) Appreciate the allegations of the petition. (2) Appreciate the nature of the adversarial process, including: (A) Having a factual understanding of the participants in the juvenile's proceeding, including the judge, defense counsel, prosecutor, and mental health expert; and (B) Having a rational understanding of the role of each participant in the proceeding. (3) Appreciate the range of possible dispositions that may be imposed in the proceedings against the minor and recognize how possible dispositions imposed in the proceedings will affect the minor; (4) Appreciate the impact of the minor's actions on others; (5) Disclose to counsel facts pertinent to the proceedings at issue including: (A) Ability to articulate thoughts. (B) Ability to articulate emotions. (C) Ability to accurately and reliably relate to a sequence of events. (D) Display logical and autonomous decision making. (E) Display appropriate courtroom behavior. (F) Testify relevantly at proceedings. (G) Demonstrate any other capacity or ability either separately identified by the court or determined by the examiner to be relevant to the court's determination. (b) In assessing the minor's competency, the examiner shall compare the minor being examined to juvenile norms that are broadly defined as those skills typically possessed by the average minor defendant adjudicated in the juvenile justice system. (c) The examiner shall determine and report if the minor suffers from mental illness, developmental disability, or chronological immaturity. (d) If the minor suffers from mental illness, developmental disability, or chronological immaturity, the examiner shall report the severity of the impairment and its potential effect on the minor's competency to proceed. (e) If the examiner determines that the minor suffers from chronological immaturity, the examiner shall report a comparison of the minor to the average juvenile defendant. (f) If the examiner determines that the minor suffers from a mental illness, the examiner shall provide the following information: (1) The prognosis of the mental illness; and (2) Whether the minor is taking any medication and, if so, what medication. VIII. Following receipt of the competency examination report from the examiner, the court shall provide copies of the report to the parties and hold a competency determination hearing. The court may consider the report of the examiner, together with all other evidence relevant to the issue of competency, including a subsequent evaluation requested by defense under RSA 604-A, in its determination whether the minor is competent to proceed. If the court finds that the minor is competent to proceed, the court shall promptly resume the proceedings. If the court is not satisfied that the minor is competent to proceed, the court shall dismiss the petition. IX. The prosecution shall have the burden of proving competence by a preponderance of the evidence. X. Statements made by the minor in the course of a competency examination shall not be admitted as evidence in the adjudicatory or dispositional stage of the proceedings. The evaluation facility, agency, or individual shall keep records; but no reports or records of information shall be made available, other than to the court and parties, except upon the written consent of the minor if an adult at the time of consent or of the minor's parent or guardian. XI. (a) Notwithstanding a finding by the court that the minor is competent to proceed in a juvenile proceeding, if the minor is subsequently transferred to the superior court, the issue of the minor's competency may be revisited. (b) If a juvenile is found not competent to stand trial, the judge may refer the juvenile to the department of health and human services to assess eligibility for services through the department.