CHAPTER 135-C NEW HAMPSHIRE MENTAL HEALTH SERVICES SYSTEM
Nonemergency Involuntary Admissions
Section 135-C:45
135-C:45 Order of Court. –
I. In hearings held under this chapter, after hearing all the evidence, the court may order the respondent to be released, notwithstanding expert testimony, or it may order the person to submit to some form of treatment other than inpatient treatment on an involuntary basis, which may include treatment at a community mental health program approved by the commissioner. If the examining psychiatrist recommends involuntary admission to a receiving facility as the most desirable form of treatment, the court may so order. The court may furnish a copy of the psychiatric evaluation, pursuant to RSA 135-C:43, II, performed by the psychiatrist designated by the court to the designated receiving facility, as defined in RSA 135-C:26, or the secure psychiatric unit. If the court determines that involuntary admission to a receiving facility is necessary, but the examining psychiatrist finds otherwise in his report under RSA 135-C:40, the court may overrule the recommendation of the psychiatrist only after the court finds that treatment other than involuntary admission to a receiving facility would not be in the best interests of the person and the community.
II. In any order of admission to a receiving facility, the court shall include in the duration of said order an appropriate period of time, if any, to allow for conditional discharge. Admission for purposes of conditional discharge shall be appropriate when the person has recovered from his mental illness to such an extent that he no longer requires inpatient treatment but a prescribed regimen of medical, psychiatric, or psychological care or treatment is necessary to prevent the recurrence of the circumstances which led to the person's dangerous condition. When a notice of decision is issued by the court, a copy of the order shall be provided electronically, or in another manner which shall provide notice at the earliest practicable time, to the appropriate receiving facility.
III. If the respondent is on a conditional discharge at the time of the hearing, the court may order involuntary admission to a receiving facility, or renew such an order, for the purpose of permitting the respondent to remain on conditional discharge if such treatment is necessary to prevent the recurrence of the circumstances which led to the person's dangerous condition.
Source. 1986, 212:1. 1992, 218:5. 1995, 310:183. 2011, 110:2, eff. May 31, 2011. 2016, 187:2, eff. June 3, 2016.