CHAPTER 135 NEW HAMPSHIRE HOSPITAL AND INSANE PERSONS
Forensic Liaison and Competency Restoration Pilot Program
Section 135:50
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.