hb 0444

AN ACT relative to mental health services and records.

SPONSORS: Rep. Case, Rock 2; Rep. Dyer, Hills 8

This bill provides certain procedural protections for individuals temporarily admitted by temporary revocation of conditional discharge or by an involuntary emergency admission when a longer period of admission is determined necessary and authorizes rulemaking regarding record retention.

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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

AN ACT relative to mental health services and records.

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

VI. A person conditionally discharged pursuant to RSA 135-C:50 may be admitted to a receiving facility by an involuntary emergency admission under RSA 135-C:27-33. In such cases, the finding of probable cause for involuntary emergency admission by the district court pursuant to RSA 135-C:31, I, shall [constitute an absolute revocation of the conditional discharge and the person shall thereafter be subject to the terms and conditions of the order of involuntary admission made pursuant to RSA 135-C:34-54 from which conditional discharge was granted as if the conditional discharge had not been granted. In such cases, no appeal may be made to the chief administrator of the state mental health services system under RSA 135-C:52] authorize the person's admission for no longer than a 10-day period, as provided in RSA 135-C:32, unless during the period of involuntary emergency admission the person's conditional discharge is absolutely revoked. No absolute revocation of conditional discharge shall be made pursuant to this section unless the administrator of the facility or his or her qualified designee personally examines the individual and finds that the person conditionally discharged has violated a condition of the discharge or is in such a mental condition as a result of mental illness so as to create a potentially serious likelihood of danger to himself or to others. If a person's conditional discharge is absolutely revoked pursuant to this section, the person shall receive notice of the reasons for the absolute revocation and shall have a right to appeal as provided in RSA 135-C:52.

243:2 New Subparagraph; Rulemaking Added. Amend RSA 135-C:5, I by inserting after subparagraph (e) the following new subparagraph:

(f) The management of clinical records including the length of time such records shall be maintained after the termination of services.

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~~] 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.

IV. The person has mental retardation, as defined in the most current edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and