CHAPTER 135-C NEW HAMPSHIRE MENTAL HEALTH SERVICES SYSTEM
Nonemergency Involuntary Admissions
Section 135-C:51
135-C:51 Revocation of Conditional Discharge. –
I. If a psychiatrist, psychiatrist-supervised PA, or APRN, as defined in RSA 135-C:2, II-a, at a community mental health program or transitional housing program services providing continuing treatment on an outpatient basis to a person conditionally discharged pursuant to RSA 135-C:50, reasonably believes that:
(a) The person has violated a condition of the discharge; or
(b) A condition or circumstance exists which may create a potentially serious likelihood of danger to the person or to others, the psychiatrist, psychiatrist-supervised PA, or APRN may conduct or cause to be conducted by a treatment team member or an emergency service staff member, an examination of the person to determine if the conditional discharge should be revoked. Before an examination may be conducted, a written notice identifying the belief, and the reasons therefor, that a violation of the conditional discharge has occurred or other circumstances or condition exists which may create a potentially serious likelihood of danger to the person or to others shall be offered to and explained to the person if it can be done safely without significant possibility of bodily harm. If this cannot be done safely, a description of the circumstances indicating such risk shall be placed in the file.
II. A reasonable effort shall be made to find the person, in order to offer and explain the notice required under paragraph I if it can be done safely without significant possibility of bodily harm. If this cannot be done safely, a description of the circumstances indicating such risk shall be placed in the file. If the person cannot be located or consent to an examination cannot be obtained, the psychiatrist or other representative of the community mental health program may sign a complaint. Upon issuance of such a complaint, any law enforcement officer shall take custody of the person and immediately deliver him or her to the place specified in the complaint.
III. If the psychiatrist, psychiatrist-supervised PA, or APRN, following the examination the psychiatrist, psychiatrist-supervised PA, or APRN conducted or caused to be conducted of the person, finds that the person either has violated a condition of the discharge or is in such a mental condition as a result of mental illness as to create a potentially serious likelihood of danger to himself or herself or to others, he or she may temporarily revoke the conditional discharge. If the conditional discharge is temporarily revoked, the psychiatrist, psychiatrist-supervised PA, or APRN, or designee, shall prepare, offer to and explain to the person a written notice, if it can be done safely without significant possibility of bodily harm, giving the reasons for the revocation and to inform the person of the designated receiving facility in the mental health services system that he or she will be transported to upon the facility location being identified. If this cannot be done safely, a description of the circumstances indicating such risk shall be placed in the file.
IV. A law enforcement officer shall take custody of the person whose conditional discharge was temporarily revoked under paragraph III and deliver him or her, together with a copy of the notice and the reasons for the temporary revocation, to the receiving facility identified by the psychiatrist, psychiatrist-supervised PA, or APRN, where he or she shall be personally examined by the administrator of the facility or designee and the reasons for temporary revocation of the discharge shall be reviewed. Following such examination and review, if the administrator of the facility or designee 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 as to create a potentially serious likelihood of danger to himself or herself or to others, he or she may revoke absolutely the conditional discharge. The administrator of the facility, or designee, shall prepare, offer to and explain to the person, if it can be done safely without significant possibility of bodily harm, a written notice of the reasons for the absolute revocation. If this cannot be done safely, a description of the circumstances indicating such risk shall be placed in the file. The person whose conditional discharge has been absolutely revoked shall 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.
IV-a. All explanations provided pursuant to this section shall be sufficiently detailed and complete to inform the person of the reasons for the revocation and that he or she has a right to a hearing.
V. If the psychiatrist, psychiatrist-supervised PA, or APRN who conducted or caused to be conducted an examination under paragraph III, or the administrator of the facility, or a qualified designee, performing an examination and review pursuant to paragraph IV finds that the person conditionally discharged either has not violated a condition of the discharge or is not in such a condition as a result of mental illness as to create a potentially serious likelihood of danger to himself or others, the person shall be returned by the program or facility which has custody of the person to the location where he was initially taken into custody.
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 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, at the time of the examination, 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.