HB1424 — Version 100

23march00.....3469h

4/27/00 4221s

18may00.....4623-EBA

2000 SESSION

00-2437

05/09

HOUSE BILL 1424

COMMITTEE: Criminal Justice and Public Safety

ANALYSIS

This bill clarifies the process for evaluating a person's competency to stand trial.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

23march00.....3469h

4/27/00 4221s

18may00.....4623-EBA

00-2437

05/09

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand

Be it Enacted by the Senate and House of Representatives in General Court convened:

229:1 Competency Evaluations. Amend RSA 135:17 to read as follows:

135:17 Competency; Commitment for [Observation] Evaluation.

I. When a person is charged or indicted for any offense, or is bound over by any district or municipal court to await the action of the grand jury, the district 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 [respondent] person, may make such order for a pre-trial psychiatric examination of such person by a psychiatrist on the staff of any public institution or by a private psychiatrist as the circumstances of the case may require, which order may include, though without limitation, examination at the secure psychiatric unit on an out-patient basis, the utilization of local mental health clinics on an in- or out-patient basis, or the examination of such person, should he or she be incarcerated for any reason, at his or her place of detention by psychiatrists assigned to a state or local mental health facility. Such pre-trial examination shall be completed within [30] 60 days after the date of the order for such examination, unless either party requests an extension of this period.

II. The district or superior court may allow the parties to obtain separate competency evaluations if such request is made and the circumstances require it. The psychiatric 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 psychiatric examiner concludes that the defendant is not competent to stand trial under the definition set forth in II(b), the psychiatric evaluation shall include the examiner's findings as to whether there is a course of treatment which is reasonably likely to restore the defendant to competency.

229:2 Competency Hearings and Commitment for Treatment. RSA 135:17-a is repealed and reenacted to read as follows:

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 if the criteria set forth in RSA 135-C:27 are met. 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. A further hearing to determine the defendant's competency shall be held no later than 12 months, except for good cause shown, after the order committing the defendant for treatment. The hearing may be held earlier if the court is notified that the defendant has regained competency, or that there is no longer a reasonable likelihood of such restoration. Prior to the scheduled hearing, the treating psychiatrist shall conduct a further competency evaluation as set forth in RSA 135:17, and furnish such evaluation to the court and the parties.

IV. If following the hearing, the court determines that the defendant has regained competency, the court shall docket the matter 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, 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.

VI. Following proceedings pursuant to RSA 135-C or RSA 171-B, if the person is ordered to be involuntarily committed, the treating physician, psychiatrist, or psychologist shall report to the court and to the state if, at any time before the statute of limitations applicable to the original criminal offense has expired, the person shall have regained competency to stand trial.

229:3 Effective Date. This act shall take effect January 1, 2001.

(Approved: June 1, 2000)

(Effective Date: January 1, 2001)