reglab/statecodes huggingface dataset:
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:50 - Conditions of Conditional Discharge.

135-C:50 Conditions of Conditional Discharge. –
I. The administrator, or designee, of a receiving facility may grant a conditional discharge under this chapter to any person who consents, by an informed decision, to participate in continuing treatment on an out-patient basis, who agrees to be subject to any rules adopted by the commissioner relative to conditional discharge, and who understands the conditions of his or her discharge. The administrator of the facility or the administrator's designee shall prepare, deliver a copy of, and read to the person being conditionally discharged a written statement of the conditions of conditional discharge and a warning that violation of those conditions may result in revocation of the conditional discharge pursuant to RSA 135-C:51.
II. A conditional discharge shall not exceed the period of time remaining on the order of involuntary admission and shall become absolute at the end of its term.
III. During the term of conditional discharge, the person conditionally discharged shall be provided with continuing treatment on an out-patient basis by a community mental health program approved by the commissioner or by transitional housing program services.
Source.
1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995. 2018, 343:6, eff. July 1, 2018. 2020, 37:122, eff. July 1, 2020.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:52 - Appeal.

135-C:52 Appeal. –
A person whose conditional discharge is revoked, pursuant to RSA 135-C:51, may appeal the decision to the chief administrator of the state mental health services system. The person shall be entitled to a hearing on the appeal within 5 days, excluding weekends and holidays, of the administrator's receipt of request for the hearing. The commissioner shall adopt rules, in accordance with RSA 541-A, which shall include provision for legal counsel and procedures for waiver of the hearing.
Source.
1986, 212:1. 1992, 218:8. 1995, 310:88, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:53 - Action for Discharge.

135-C:53 Action for Discharge. –
Any person who has been involuntarily admitted to a receiving facility may file at the probate court of the county in which he was originally admitted, or where he resides, a petition setting forth his name, the underlying circumstances and date of the prior order of the court ordering his involuntary admission, a request for discharge from care and custody or admission to a receiving facility, and the reasons for such request. The petition shall be accompanied by the certificate of a psychiatrist stating that the patient is no longer in need of involuntary admission and setting forth the facts upon which such an opinion is based. Upon receipt of the petition and the certificate, the court shall conduct a hearing pursuant to RSA 135-C:34-54.
Source.
1986, 212:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:54 - Habeas Corpus.

135-C:54 Habeas Corpus. –
This chapter shall not be construed to deprive any person of the benefits of the writ of habeas corpus. If the court issuing the writ of habeas corpus grants relief, the court shall enter an order discharging the person and shall transmit a certified copy of it to the probate court entering the original order of involuntary admission. Upon receipt of the certified copy, the probate court shall enter an order finding that such person has been discharged by order of the court.
Source.
1986, 212:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:55 - Scope.

135-C:55 Scope. –
The rights established in RSA 135-C:56-60 shall only apply to those persons who have been found eligible for services under RSA 135-C:13 and to those persons who have been admitted to receiving facilities.
Source.
1986, 212:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:56 - Fundamental Rights.

135-C:56 Fundamental Rights. –
I. No person receiving treatment for mental illness shall be deprived of any legal right to which all citizens are entitled, except as provided for by law.
II. No person shall be deemed incompetent to manage his affairs, to contract, to hold professional, occupational, or motor vehicle driver's licenses, to marry or to obtain a divorce, to vote, to make a will or to exercise any other civil right solely by reason of that person's admission to the mental health services system.
III. No person receiving mental health services shall be subjected to abuse or neglect.
IV. No person receiving mental health services shall be discriminated against in any manner because of race, color, sex, gender identity, sexual orientation, religion, national origin, age, disability, or degree of disability.
V. Persons receiving mental health services shall be treated with dignity and respect.
Source.
1986, 212:1. 1990, 140:2, XI, eff. June 18, 1990. 2019, 332:12, eff. Oct. 15, 2019.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:57 - Treatment Rights; Rules.

135-C:57 Treatment Rights;  Rules. –
Persons receiving mental health services shall have the right to:
I. An individual service plan developed in accordance with 135-C:19.
II. Be informed of and to give consent before administration of any treatment. All elements of an informed decision as defined in RSA 135-C:2, IX shall be present.
III. Refuse all forms of medication, treatment, or services, except emergency treatment under the terms and conditions prescribed by law or by rules adopted by the commissioner under RSA 541-A.
IV. Treatment in the least restrictive environment necessary to achieve the purposes of the treatment.
V. Freedom from seclusion or physical or pharmacological restraint. Seclusion or restraint shall be administered only with the consent of the person, who has made an informed decision, or as a form of emergency treatment imposed by law or by rules, adopted by the commissioner under RSA 541-A.
Source.
1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:58 - Communication Rights for Persons in Receiving Facilities; Rules.

135-C:58 Communication Rights for Persons in Receiving Facilities;  Rules. –
Every person admitted to a receiving facility shall have the right to communicate freely and privately by mail and telephone with persons outside the facility, and to receive visitors, unless it is determined that this communication or visitation has harmed or will harm the person or others. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to communication procedures.
Source.
1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:59 - Notification of Individual Rights.

135-C:59 Notification of Individual Rights. –
All persons receiving mental health services shall be informed of the rights guaranteed by this chapter, and by the rules it authorizes to be adopted under RSA 541-A by the commissioner, promptly upon admission or upon determination of eligibility for services. All receiving facilities, community mental health programs, and community residences shall post a notice and an explanation of these rights.
Source.
1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:60 - Guardianship.

135-C:60 Guardianship. –
Whenever it appears to the commissioner that a client in the mental health services system by reason of mental illness is substantially deprived of his capacity to manage his own affairs and is at risk of substantial harm to person or estate as a result, and the client does not have a legal guardian, the commissioner shall take such steps as are appropriate to safeguard the client as may be consistent with RSA 464-A and RSA 547-B, including the nomination of a guardian when no less restrictive alternative is available.
Source.
1986, 212:1. 1995, 310:183, eff. Nov. 1, 1995.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:61 - Rulemaking.

135-C:61 Rulemaking. –
The commissioner shall adopt rules, pursuant to RSA 541-A, relative to:
I. A definition of "severely mentally disabled" or "severe mental disability".
II. Eligibility criteria and procedures for admission to the state facilities as required by RSA 135-C:4 and 135-C:13.
III. Regulating state services as authorized by RSA 135-C:5.
IV. Necessary criteria and the process of approval for community mental health programs as required by RSA 135-C:10.
V. Client withdrawal procedures in accordance with RSA 135-C:16.
VI. The termination or suspension of services by a program or facility in accordance with RSA 135-C:18.
VII. Development of individual service plans for clients under RSA 135-C:19.
VIII. Criteria and procedures for designating a facility as a receiving facility as required by RSA 135-C:26.
IX. Transfers by one receiving facility to another and the procedures for challenging that transfer in accordance with RSA 135-C:48.
X. Appeals from revocation of a conditional discharge in accordance with RSA 135-C:52.
XI. Treatment and communication rights of persons receiving mental health services as provided in RSA 135-C:57 and 58.
XII. Nursing facility preadmission screening and annual resident review for persons with developmental disabilities or intellectual disabilities.
Source.
1986, 212:1. 1995, 310:183. 2012, 171:6, eff. Aug. 10, 2012.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:62 - Custody and Transportation.

135-C:62 Custody and Transportation. –
I. Except as provided in RSA 135-C:29, any law enforcement officer shall take custody of persons who are subject to proceedings for involuntary emergency admission; involuntary admission, or temporary revocation of a conditional discharge under RSA 135-C in the following circumstances:
(a) Upon completion of an involuntary emergency admission certificate in accordance with RSA 135-C:28, I;
(b) Upon issuance by a justice of the peace of an order for a compulsory mental examination pursuant to RSA 135-C:28, II;
(c) Upon a finding of probable cause at an involuntary emergency admission hearing held pursuant to RSA 135-C:31;
(d) Upon issuance of an order for involuntary admission pursuant to RSA 135-C:45;
(e) Upon issuance of an order for an examination pursuant to RSA 135-C:51, II;
(f) Upon a determination by a psychiatrist at a county mental health program to revoke a conditional discharge temporarily pursuant to RSA 135-C:51, III; or
(g) As necessary to ensure the presence of the person at hearings or examinations conducted under this chapter, to effect a transfer between receiving facilities, or to carry out any other lawful order of a court.
II. A law enforcement officer shall also transport any persons taken into custody to the appropriate receiving facility, court, place of examination, or other location.
Source.
1986, 212:1. 2000, 231:3, eff. Jan. 1, 2001.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:63 - Duty to Transport.

135-C:63 Duty to Transport. –
Upon request, the office of the sheriff of the county in which any person is located who is to be taken into custody in accordance with RSA 135-C:62 shall take said person into custody and transport that person to the appropriate destination.
Source.
1986, 212:1, eff. Jan. 1, 1987.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:63-b - Repealed by 2014, 253:3, I, eff. Nov. 1, 2016.

135-C:63-b Repealed by 2014, 253:3, I, eff. Nov. 1, 2016. –
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:64 - Child Inpatient Psychiatric Treatment Facility; Purpose.

135-C:64 Child Inpatient Psychiatric Treatment Facility;  Purpose. –
The commissioner shall maintain behavioral health services for children and adolescents in one or more facilities as designated by the commissioner. All services for children and adolescents shall be appropriate for each child's developmental stage and shall address the educational, supervisory, and clinical needs of each child. The purposes of child and adolescent services shall include but not be limited to:
I. Care and treatment of children with mental illnesses who are admitted on a voluntary basis pursuant to RSA 135-C:4, III or involuntarily pursuant to RSA 135-C:27-54.
II. Evaluation, care, and treatment of children under RSA 169-B, 169-C, and 169-D, subject to the provisions of RSA 135-C:65.
Source.
1990, 3:45. 1995, 310:183. 2000, 294:3, eff. Aug. 20, 2000. 2020, 37:124, eff. July 1, 2020. 2022, 272:39, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:65 - Admission Limitation.

135-C:65 Admission Limitation. –
Children subject to proceedings in juvenile court may be admitted to a child inpatient psychiatric treatment facility within the state mental health system for evaluation, care, or treatment only upon prior approval of the commissioner or designee.
Source.
1990, 3:45. 1995, 310:183, eff. Nov. 1, 1995. 2022, 272:40, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:66 - Access of Records.

135-C:66 Access of Records. –
Notwithstanding any other provisions of law, records regarding children receiving child inpatient psychiatric treatment at a facility within the state mental health system, pursuant to RSA 169-B, 169-C, or 169-D shall be exchanged between employees of the department to facilitate coordinated care for those children and their families. The confidentiality of such information shall be maintained according to applicable law.
Source.
1990, 3:45. 1994, 212:2. 1995, 310:89, eff. Nov. 1, 1995. 2022, 272:41, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-C - New Hampshire Mental Health Services System › Section 135-C:67 - Admission and Discharge.

135-C:67 Admission and Discharge. –
The commissioner shall adopt rules relative to eligibility criteria and procedures for admission to and discharge from facilities within the state mental health system that provide inpatient psychiatric treatment to children.
Source.
1990, 3:45. 1994, 212:2. 1995, 310:90, eff. Nov. 1, 1995. 2022, 272:42, eff. June 24, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:1 - Findings and Intent.

135-E:1 Findings and Intent. –
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, sexually violent behavior. The general court further finds that the likelihood of sexually violent predators engaging in repeat acts of predatory sexual violence is high. The existing involuntary commitment procedures for the treatment and care of mentally ill persons are inadequate to address the risk these sexually violent predators pose to society. The general court further finds that the prognosis for rehabilitating sexually violent predators in a prison setting is poor, the treatment needs of this population are very long term, and the treatment modalities for this population are very different from the traditional treatment modalities for people appropriate for commitment under existing law. It is therefore the intent of the general court to create a civil commitment procedure for the long-term care and treatment of sexually violent predators. This procedure primarily targets individuals who are nearing completion of their maximum sentence of imprisonment, having been refused parole, who pose a high risk of repeated acts of predatory behavior if released to the community.
Source.
2006, 327:21. 2010, 287:1, eff. July 13, 2010.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:5 - Persons Found Incompetent to Stand Trial.

135-E:5 Persons Found Incompetent to Stand Trial. –
I. If the county attorney or attorney general seeks to civilly commit a person charged with a sexually violent offense and found incompetent to stand trial, the court shall order the person to remain in custody for a reasonable period of time, not to exceed 90 days, for proceedings pursuant to this section.
II. The court shall first hear evidence and determine whether the person did commit the act or acts charged. The hearing on this issue shall comply with all the procedures specified in this section. After hearing evidence on this issue, the court shall make specific findings on whether the person did commit the act or acts charged beyond a reasonable doubt. In determining whether the state has met its burden, the court shall consider the extent to which the person's incompetence or developmental disability affected the outcome of the hearing, including the person's ability to assist his or her counsel by recounting the facts, identifying witnesses, testifying in his or her own defense, or providing other relevant information or assistance to counsel or the court. If the person's incompetence substantially interferes with the person's ability to assist his or her counsel, the court shall not find the person committed the act or acts charged unless the court can conclude beyond a reasonable doubt that the acts occurred, and that the strength of the state's case, including physical evidence, eyewitness testimony, and corroborating evidence, is such that the person's limitations could not have had a substantial impact on the proceedings. If, after the conclusion of the hearing, the court finds, beyond a reasonable doubt, that the person did commit the act or acts charged, the court shall enter a final order, appealable to the supreme court on that issue. If the person appeals, the person shall be held in an appropriate secure facility. If the person does not appeal or if the appeal is unsuccessful, the court shall proceed as specified in this section.
III. Within 90 days after the court finds that the person committed the act or acts charged or after appeal, the multidisciplinary team shall conduct an evaluation pursuant to the procedures outlined in RSA 135-E:3 to determine whether the person meets the definition of a sexually violent predator and the department of health and human services shall provide to the county attorney or attorney general a written report of the multidisciplinary team's findings as to whether the person meets the definition of a sexually violent predator.
Source.
2006, 327:21. 2007, 337:5, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:6 - Petition; Contents.

135-E:6 Petition;  Contents. –
If the multidisciplinary team finds the person meets the definition of a sexually violent predator, the county attorney or attorney general may file a petition within 14 days with the superior court alleging that the person is a sexually violent predator and stating facts sufficient to support such allegation. At the time of the filing, and in lieu of the court issuing a summons, the county attorney or attorney general shall forward a copy of the petition to the person who is the subject of the petition, or to that person's attorney if one was appointed to represent the person pursuant to RSA 135-E:23. If the county attorney or attorney general does not file a petition within 14 days, and the person is otherwise subject to release, the person shall be released.
Source.
2006, 327:21. 2009, 306:13. 2014, 204:6, eff. July 11, 2014.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:7 - Determination of Probable Cause.

135-E:7 Determination of Probable Cause. –
I. When the county attorney or attorney general files a petition seeking to have a person declared a sexually violent predator, within 10 days of the filing of the petition, the court shall determine whether probable cause exists to believe that the person named in the petition is a sexually violent predator. If the court determines based on the content of the petition that there is probable cause to believe that the person is a sexually violent predator, the court shall order that the person remain in custody and be held in an appropriate secure facility for further proceedings in accordance with this chapter. The court shall schedule a preliminary pre-trial conference within 10 business days of its probable cause determination.
II. If the offender's incarcerative sentence expires before a hearing on the merits of a petition for civil commitment pursuant to this chapter, the court shall conduct a probable cause hearing within 2 days of the expiration of the person's incarcerative sentence. If the court concludes following the hearing that there is probable cause to believe that the person is a sexually violent predator, the court shall order that the person remain in custody and held in an appropriate secure facility for further proceedings in accordance with this chapter.
III. A probable cause hearing shall not be required under this section if the court has already made a probable cause determination pursuant to RSA 135-E:4, I.
Source.
2006, 327:21. 2009, 306:14, eff. July 31, 2009.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:8 - Contract Authority.

135-E:8 Contract Authority. –
The department may contract with a private entity or state agency for use of and operation of facilities to comply with the requirements of this chapter.
Source.
2006, 327:21, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:9 - Trial; Procedure.

135-E:9 Trial;  Procedure. –
I. The person or the county attorney or attorney general has the right to demand that the trial be before a jury. A demand for a jury trial must be filed, in writing, no later than 30 days after the finding of probable cause. If no demand is made, the trial shall be to the court. At all adversarial proceedings under this chapter, the person subject to this chapter is entitled to the assistance of appointed counsel if the person is indigent.
II. Within 60 days after the court's initial determination of probable cause, or, in cases where a jury trial has been elected, 60 days after the election of a jury trial, the court shall conduct a trial to determine whether the person is a sexually violent predator.
III. The trial may be continued upon the request of either party and a showing of good cause, or by the court on its own motion in the interests of justice, when the person will not be substantially prejudiced by the delay.
IV. The person may retain experts or mental health professionals to perform an examination. If the person wishes to be examined by a professional of the person's own choice, the examiner shall be provided reasonable access to the person, as well as to all relevant medical and mental health records and reports. In the case of a person who is indigent, the court, upon the person's request, shall appoint experts or authorize other services pursuant to RSA 604-A:6. If the defendant retains an expert to perform a mental health examination, the person shall also submit to an examination by an expert of the state's choosing. If the person refuses to submit to an examination by the state's expert the court shall prohibit the person's mental health experts from testifying concerning any mental health tests, evaluations, or examinations of the person.
Source.
2006, 327:21, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:10 - Rules of Procedure and Evidence.

135-E:10 Rules of Procedure and Evidence. –
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 under this chapter.
II. The court may consider evidence of the person's prior conduct if such evidence is relevant to the issue of whether the person is a sexually violent predator.
III. Reports by a member of the multidisciplinary team or reports provided on behalf of the multidisciplinary team shall be inadmissible in proceedings under this chapter unless the court finds the report's probative value substantially outweighs its prejudicial effect.
IV. Notwithstanding the general inapplicability of the rules of evidence, hearsay evidence is not admissible unless it falls within one of the recognized exceptions to the hearsay rule or unless the court finds that the hearsay evidence contains circumstantial guarantees of trustworthiness and the declarant is unavailable to testify at the civil commitment proceedings. Hearsay evidence shall not be used as the sole basis for committing a person under this chapter.
Source.
2006, 327:21, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:11 - Determination.

135-E:11 Determination. –
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 mistrial. If the court declares a mistrial, the county attorney or attorney general may refile the petition and proceed according to the provisions of this chapter. Any retrial shall occur within 90 days after the previous trial, unless the subsequent proceeding is continued in accordance with RSA 135-E:9, III.
II. If the court or jury determines that the person is a sexually violent predator, upon the expiration of the incarcerative portion of all criminal sentences and disposition of any detainers other than detainers for deportation by the United States Bureau of Citizenship and Immigration Services, the person shall be committed to the custody of the department of corrections for control, care, and treatment until such time as the person's mental abnormality or personality disorder has so changed that the person no longer poses a potentially serious likelihood of danger to others. Persons who are detained or committed under this chapter shall be held at the secure psychiatric unit of the New Hampshire state prison or other appropriate facility controlled or contracted by the department of corrections if available. An order committing a person shall be valid for up to 5 years.
III. The determination that a person is a sexually violent predator may be appealed. The public defender shall be appointed to represent the person on appeal if the person is indigent.
Source.
2006, 327:21, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:12 - Examinations; Release of Committed Persons.

135-E:12 Examinations;  Release of Committed Persons. –
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 present and is entitled to the benefit of all procedural protections afforded the person at the initial trial, except for the right to a jury. The state has the right to have the person examined by professionals chosen by the state. At the hearing, the state bears the burden of proving, by clear and convincing evidence, that the person remains a sexually violent predator. Any recommittal order shall be valid for a period of up to 5 years.
Source.
2006, 327:21, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:13 - Authorized Petition for Release.

135-E:13 Authorized Petition for Release. –
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 court and the county attorney or attorney general. The court, upon receipt of such notice, shall schedule a hearing within 60 days, unless continued for good cause.
II. The county attorney or attorney general shall represent the state, and has the right to have the person examined by professionals of the county attorney's or attorney general's choice. The state bears the burden of proving, by clear and convincing evidence, that the person remains a sexually violent predator.
Source.
2006, 327:21, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:14 - Petitions for Release.

135-E:14 Petitions for Release. –
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 reviewing the petition filed by the person the court may request the commissioner or county attorney or attorney general to respond to the petition. The commissioner or county attorney or attorney general is not required to respond to a petition filed pursuant to this section unless ordered to do so by the court. If the court determines that appointment of counsel may assist in an appropriate resolution of the petition, and the person is indigent, the court shall appoint counsel to represent the person. If the court determines that the petition is without merit on its face, the court may deny the petition without a hearing.
Source.
2006, 327:21, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:15 - Release of Records.

135-E:15 Release of Records. –
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 requirements of this chapter and determining whether a person is or continues to be a sexually violent predator. Restrictions on confidential or privileged communications pursuant to RSA 329:26, RSA 330-A:32, RSA 329-B, or any other statute establishing similar restrictions on confidential or privileged communications shall not apply to releases made under this chapter. A person, agency, or entity receiving information under this section which is confidential shall maintain the confidentiality of that information. Such information does not lose its confidential status due to its release under this section.
II. Psychological or psychiatric reports, drug and alcohol reports, treatment records, medical records, pre-sentence investigative reports, or victim impact statements that have been submitted to the court or admitted into evidence under this chapter shall be part of the record but shall be sealed and may be opened only pursuant to a court order.
III. A report of the multidisciplinary team shall be available to the public only after the court has determined that probable cause exists pursuant to RSA 135-E:7.
Source.
2006, 327:21. 2007, 337:11, 12. 2010, 287:7. 2012, 233:8, eff. July 1, 2013.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:16 - Constitutional Requirements.

135-E:16 Constitutional Requirements. –
The long-term control, care, and treatment of a person committed under this chapter shall conform to constitutional requirements.
Source.
2006, 327:21, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:17 - Immunity From Civil Liability.

135-E:17 Immunity From Civil Liability. –
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 attorney's or attorney general's employees; and those involved in the evaluation, care, and treatment of sexually violent persons committed under this chapter are immune from any civil liability for good faith conduct under this chapter.
Source.
2006, 327:21. 2007, 337:6, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:18 - Severability.

135-E:18 Severability. –
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 unconstitutional provisions or applications of this chapter are severable.
Source.
2006, 327:21, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:19 - Applicability.

135-E:19 Applicability. –
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.
Source.
2006, 327:21, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:20 - Notice Requirements.

135-E:20 Notice Requirements. –
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 shall be notified.
II. The parole board shall be immediately notified of the release of a sexually violent predator who has an active or pending term of parole, conditional release, or other postprison release supervision that is administered by the parole board.
Source.
2006, 327:21. 2007, 337:7, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:21 - Escape.

135-E:21 Escape. –
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 general that filed the petition for civil commitment. The parole board shall be immediately notified of an escape if the escapee has an active or pending term of parole, conditional release, or other postprison release supervision that is administered by the parole board.
Source.
2006, 327:21. 2007, 337:8, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:22 - Rules.

135-E:22 Rules. –
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 components of the basic treatment plan for all committed persons under this chapter.
III. Procedures to be followed by members of the multidisciplinary teams when assessing and evaluating persons subject to this chapter.
IV. Education and training requirements for members of the multidisciplinary teams and professionals who assess and evaluate persons under this chapter.
V. The protocol for informing a person that he or she is being evaluated to determine whether he or she is a sexually violent predator under this chapter. Such protocol shall include procedures for informing the person of the right to refuse to participate in a personal interview with the multidisciplinary team or members thereof, the right to consult with counsel prior to participating in such an interview, and the right to have counsel appointed if the person is indigent.
Source.
2006, 327:21. 2007, 337:9, eff. Jan. 1, 2008.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:23 - Appointment of Counsel.

135-E:23 Appointment of Counsel. –
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 judicial proceeding conducted under this chapter shall be waived only if the client or person sought to be committed makes an informed decision to do so. The person sought to be committed shall pay the costs of the legal services in connection with hearings held under this chapter. If the person sought to be committed is unable to pay for counsel, the court shall appoint counsel pursuant to RSA 604-A:2. Such appointment shall be made no later than upon the filing of the petition and shall be made upon request of the person before any interview or personal examination of the person is conducted by the multidisciplinary team or other person in preparation for the filing of a petition.
Source.
2006, 327:21, eff. Jan. 1, 2007.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-E - Involuntary Civil Commitment of Sexually Violent Predators › Section 135-E:24 - Time Limits.

135-E:24 Time Limits. –
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 sentence shall not constitute a basis for dismissal of a petition.
III. If the proceedings under this chapter have not been completed by the expiration of the person's incarcerative sentence, the court shall make a probable cause determination no later than 2 days after the expiration date, pursuant to RSA 135-E:7. If no such determination is made, the person shall be released. The county attorney or attorney general may file an emergency petition for a probable cause determination. Upon receipt of the emergency petition, the court shall immediately schedule a probable cause hearing. If the court determines that there is probable cause to believe that the person is a sexually violent predator, the person shall be held in an appropriate secure facility for further proceedings under RSA 135-E:9.
IV. Notwithstanding paragraph III, except as provided in RSA 135-E:4, no petition shall be filed later than 60 days prior to the person's release from incarceration, except for good cause shown.
Source.
2009, 306:9, eff. July 31, 2009.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-F - System of Care for Children's Mental Health › Section 135-F:1 - Purposes.

135-F:1 Purposes. –
The purposes of this chapter are to:
I. Increase service effectiveness and improve outcomes for children with behavioral health challenges and their caretakers.
II. Reduce the cost of providing services by leveraging funding sources other than general funds, reducing the need for costly out-of-home placements, and reducing duplication across agencies.
III. Coordinate care for children involved in multiple systems and children at risk of court involvement and out-of-home placement.
Source.
2016, 203:2, eff. June 6, 2016.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-F - System of Care for Children's Mental Health › Section 135-F:2 - Statement of Policy.

135-F:2 Statement of Policy. –
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 with severe emotional disturbances whose needs are not met through childcare, educational, and developmental services alone.
Source.
2016, 203:2, eff. June 6, 2016. 2022, 243:4, eff. July 1, 2022.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-F - System of Care for Children's Mental Health › Section 135-F:4 - Duties of Commissioner of the Department of Health and Human Services.

135-F:4 Duties of Commissioner of the Department of Health and Human Services. –
The commissioner of the department of health and human services shall:
I. To the extent possible within existing statutory and budgetary constraints, modify the policies and practices of the department of health and human services to establish a system of care; and
II. Develop a plan for full establishment and maintenance of a system of care. Such plan shall be reviewed and amended annually. It shall include sufficient detail to allow compliance with the reporting requirements of RSA 126-A:5, XXXIII, and shall address at least the following elements:
(a) System capacity, including workforce sufficiency.
(b) Federal funding participation, including but not limited to Medicaid waivers and plan amendments.
(c) Changes to statutes, administrative rules, and structure of appropriations, and department policy, practice, and structure.
(d) Projections of cost savings from increased service effectiveness and reductions in costly forms of care and use of such savings to close existing gaps in children's behavioral health services.
(e) Recommended modifications to law, practice, and policy to prepare for and accommodate the participation of privately funded service providers in the system of care.
(f) Coordination with the plans and activities of the commissioner of the department of education to implement the system of care.
III. Establish and maintain at least one care management entity to oversee and coordinate the care for children with complex behavioral health needs who are at risk for residential, hospital, or corrections placement or involved in multiple service systems. In this section, "care management entity" means an organizational entity that serves as a centralized entity to coordinate all care for youth with complex behavioral health challenges who are involved in multiple systems and their families.
(a) The care management entity shall oversee and manage residential treatment, psychiatric hospitalization, and the development of a continuum of community-based services and supports for children and youth with more complex needs.
(b) Beginning January 1, 2020, the care management entity shall coordinate behavioral health services in no less than 25 percent of cases involving referrals for residential treatment. Beginning January 1, 2021, the care management entity shall coordinate services in no less than 50 percent of such cases, and, beginning January 1, 2022 and thereafter, the care management entity shall coordinate services in no less than 75 percent of such cases.
Source.
2016, 203:2, eff. June 6, 2016. 2019, 44:3, eff. Aug. 2, 2019; 346:331, eff. July 1, 2019. 2021, 91:397, eff. July 1, 2021.
2023 New Hampshire Revised Statutes › Title X - Public Health › Chapter 135-F - System of Care for Children's Mental Health › Section 135-F:5 - Duties of Commissioner of the Department of Education.

135-F:5 Duties of Commissioner of the Department of Education. –
The commissioner of the department of education shall:
I. To the extent possible within existing statutory and budgetary constraints, support the system of care established under this chapter through:
(a) The development of a multi-tiered system of supports for New Hampshire schools and support for school districts implementing MTSS-B through technical assistance and professional development, including the use of external consultation training and coaching services.
(b) Alignment of federal funding to support local school districts implementing a multi-tiered system of support.
(c) Technical assistance to local school districts regarding the use of federal funds to implement and maintain MTSS-B.
(d) Technical assistance to local school districts on the use of research- and data-driven decision-making, organized and shared leadership, support for personnel through embedded professional development, and purposefully planned implementation cycles with continuous evaluation for improvement of outcomes.
II. Develop a plan for full support and participation of the department of education in the establishment and maintenance of a system of care. Such plan shall be reviewed and amended annually. It shall include sufficient detail to allow compliance with the reporting requirements of RSA 126-A:5, XXXIII, and shall address at least the following elements:
(a) Development of a multi-tiered system of supports in all New Hampshire schools.
(b) System capacity, including workforce sufficiency.
(c) Applicable federal funding participation, shall include but not be limited to state set-aside funds received from the federal government under the Individuals with Disabilities Education Act (IDEA) and Titles I, II, IV-A, and IV-B under the Elementary and Secondary Education Act (ESEA).
(d) Changes to statutes, administrative rules, and structure of appropriations, and department policy, practice, and structure.
(e) Projections of cost savings from increased service effectiveness and reductions in costly forms of care and use of such savings to close existing gaps in children's behavioral health services.
(f) Coordination with the commissioner of the department of health and human services to implement the system of care.
Source.
2016, 203:2, eff. June 6, 2016. 2020, 38:29, eff. Sept. 27, 2020. 2021, 91:398, eff. July 1, 2021.