622:45 Commitment. –
Commitment may occur as follows:
I. Any person subject to an involuntary admission to the state mental health services system pursuant to RSA 135-C or any person subject to involuntary admission pursuant to RSA 171-B may at any time be transferred to the unit upon a determination that the person would present a serious likelihood of danger to himself or to others if admitted to or retained in a receiving facility in the state mental health services system. The admission to the unit may be ordered by:
(a) A probate court pursuant to RSA 135-C:34-54; or
(b) An administrator of a designated receiving facility to which a person has been involuntarily admitted pursuant to an involuntary emergency admission or an involuntary admission; or
(c) A probate court pursuant to RSA 171-B or an administrator of a receiving facility to which a person has been involuntarily admitted pursuant to RSA 171-B.
II. Except upon an order of court under subparagraph I(a) or in an emergency, no admission or transfer to the unit shall occur without the prior approval of the commissioner and the commissioner of the department of health and human services, or their designees. In such instances, if the person to be admitted or transferred objects to the transfer, the person may request a hearing or review of the decision by the commissioner of the department of health and human services or designee in accordance with rules adopted pursuant to RSA 541-A. The review or hearing may occur following the admission or transfer where immediate admission or transfer has been determined necessary to protect the person or others. If the commissioner of the department of health and human services upholds the objection of a person to be transferred, the transfer shall not be made. If the commissioner of the department of health and human services upholds the objection of a person already transferred, the person shall promptly be delivered to a receiving facility named by the commissioner of the department of health and human services.
III. Except where ordered by a court of competent jurisdiction, if the commissioner objects to a proposed admission or transfer approved by the commissioner of the department of health and human services, the commissioners may agree to have the disagreement resolved by a mutually acceptable third party.
IV. Any person admitted or transferred to the unit shall be under the care and custody of the commissioner and the medical unit director and shall be subject to the rules of the commissioner until the person is transferred to a receiving facility in the state mental health services system. No person may be retained within the unit longer than the period of the order of involuntary admission to the state mental health services system.
V. A person in the custody of the commissioner who needs treatment for a mental illness may be transferred to the unit following a due process hearing. If the person requires immediate transfer, the due process review shall occur within a reasonable time following the transfer.