SB 314-FN - AS INTRODUCED
2024 SESSION
24-2926
09/10
SENATE BILL 314-FN
AN ACT relative to pre-trial competency evaluations.
SPONSORS: Sen. Chandley, Dist 11; Sen. D'Allesandro, Dist 20; Sen. Soucy, Dist 18; Sen. Watters, Dist 4; Sen. Altschiller, Dist 24; Rep. Mooney, Hills. 12; Rep. N. Murphy, Hills. 12
COMMITTEE: Judiciary
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ANALYSIS
This bill amends the process for the examination of competency of pre-trial defendants.
The bill is a request of the department of corrections.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
24-2926
09/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT relative to pre-trial competency evaluations.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Commitment to Hospitals; Competency; Commitment for Evaluation. Amend RSA 135:17, I to read as follows:
Commitment for Evaluation.
I.(a) When a person is charged or indicted for any offense, or is awaiting the action of the grand jury on any felony, the circuit 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 person, may make such order for a pre-trial examination of such person by a qualified psychiatrist or psychologist on the staff of any public institution or by a private qualified psychiatrist or psychologist as the circumstances of the case may require, which order may include, though without limitation, examination at any suitable location [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 qualified psychiatrists or psychologists assigned to a state or local mental health facility, whether in-person or via appropriate electronic means. The court may determine that such pre-trial examination is unnecessary and proceed according to RSA 135:17-a, I. In all other cases, such pre-trial examination shall be completed within 45 days in the case of a person being held at a county correctional facility, otherwise 90 days after the date of the order for such examination, unless either party requests an extension of this period. For the purposes of this paragraph and RSA 135:17-a, III, "qualified" means board-eligible or board-certified in forensic psychiatry or psychology, or demonstrated competence and experience in completing court-ordered forensic criminal evaluations. A licensed out-of-state psychiatrist or psychologist who meets the definition of qualified may also conduct evaluations under this paragraph and RSA 135:17-a, III.
(b) In cases where the person is being held at a county correctional facility or the New Hampshire state prison, the facility may request a pre-trial examination of such person for the purpose of determining if the person is competent to stand trial. Such request shall be reviewed, and a decision rendered by the district or superior court before which he or she is to be tried.
(c) In cases where the person is incarcerated and a pre-trial examination has not been performed within 45 days of the court's order, or when the person is not incarcerated, performed within 90 days, the court shall, upon request of the person, order an evaluation by a qualified psychiatrist or psychologist. The court shall favorably consider a request that the psychiatrist or psychologist be treated as a defense expert who shall be compensated pursuant to RSA 604-A:6.
(d) In cases where the person is incarcerated and an examination has not been performed, the court before which he or she is to be tried shall review the person's bail status on a monthly basis. In cases where the person is not incarcerated, and the evaluation has not been completed within 90 days, the court shall schedule a status conference, and every 30 days thereafter.
(e) The court shall order that all medical, mental health, and educational records from the last 3 years be provided to the forensic examiner. Records dating further back in time shall be ordered to be provided as necessary.
(f) The court is authorized to order that the defendant provide to the prosecution all relevant records related to the issue of competency.
(g) Failure of the defendant to appear for and participate in the forensic evaluation, as ordered, or to provide records, as ordered, may constitute good cause for an extension of the time frames herein and may subject the defendant to contempt of court.
(h) In cases where a forensic evaluation as ordered pursuant to RSA 135:17, I (a) is unavailable, the court may inquire of the parties if a hearing pursuant to RSA 135:17-a, I is required either due to the issue of competency being contested, or the issue of restorability being contested. If the issues of competency and restorability are not contested due to agreement that the defendant is not competent and not restorable, the court may dismiss the charges without prejudice under RSA 135:17-a, I and shall proceed as provided in RSA 135:17-a, V.
2 Effective Date. This act shall take effect January 1, 2025.
24-2926
12/1/23
SB 314-FN- FISCAL NOTE
A INTRODUCED
AN ACT relative to pre-trial competency evaluations.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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Estimated State Impact - Increase / (Decrease) | ||||||
| FY 2024 | FY 2025 | FY 2026 | FY 2027 | ||
Revenue | $0 | $0 | $0 | $0 | ||
Revenue Fund(s) | None
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Expenditures | $0 | Indeterminable | Indeterminable | Indeterminable | ||
Funding Source(s) | General Fund
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Appropriations | $0 | $0 | $0 | $0 | ||
Funding Source(s) | None
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• Does this bill provide sufficient funding to cover estimated expenditures? [X] N/A • Does this bill authorize new positions to implement this bill? [X] No | ||||||
METHODOLOGY:
This bill amends the process for the examination of competency of pre-trial defendants. The Judicial Branch states it is not possible to estimate how this change in law would impact the amount of litigation in the courts.
The Department of Corrections states this bill would have no fiscal impact on the Department.
AGENCIES CONTACTED:
Department of Corrections and Judicial Branch