Bill Text: NH HB1020 | 2024 | Regular Session | Enrolled
Bill Title: Establishing a committee to study restoration of competency.
Spectrum: Bipartisan Bill
Status: (Engrossed) 2024-05-22 - Ought to Pass: Motion Adopted, Voice Vote; OT3rdg; 05/22/2024; Senate Journal 14 [HB1020 Detail]
Download: New_Hampshire-2024-HB1020-Enrolled.html
HB 1020 - VERSION ADOPTED BY BOTH BODIES
7Mar2024... 0703h
2024 SESSION
24-2278
09/05
HOUSE BILL 1020
AN ACT establishing a committee to study restoration of competency.
SPONSORS: Rep. M. Pearson, Rock. 34; Rep. Roy, Rock. 31; Rep. J. Murphy, Graf. 12; Rep. Meuse, Rock. 37; Rep. Schapiro, Ches. 16; Rep. Lynn, Rock. 17; Rep. Ball, Rock. 25; Sen. Avard, Dist 12; Sen. Fenton, Dist 10
COMMITTEE: Judiciary
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AMENDED ANALYSIS
This bill establishes a committee to study restoration of competency, provides duties and requirements for the committee, and provides for the committee's repeal.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
7Mar2024... 0703h 24-2278
09/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Four
AN ACT establishing a committee to study restoration of competency.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 Statement of Findings and Purpose. The general court finds that:
I. Individuals with severe mental illness are at increased risk of interacting with the probate court on civil commitments as well as with the criminal justice system in 2 important areas: trial competency and competency restoration.
II. As is evidenced by the number of individuals ordered for competency evaluations, the need for these evaluations has increased substantially over the last 5 years, with some state jurisdictions reporting 70 to 100 percent increases. Accordingly, New Hampshire experienced a 75 percent increase in the number of competency orders since 2015. In 2019, there was an average of 66 court orders for trial competency evaluations each month. With increases of the numbers of competency evaluations, there are more individuals court ordered for competency restoration. An individual ordered into competency restoration is expected to improve and return to court to face his or her charges upon restoration of his or her competency. Analysis of 56 published studies from 1975 to 2013 showed that nationwide, 81 percent of individuals ordered to inpatient competency restoration treatment were able to return to court.
III. In New Hampshire, there is no formal, existing system to provide treatment for individuals found incompetent to stand trial. In stark contrast to these national numbers, fewer than half of the individuals ordered into a competency restoration period are able to return to court and complete their criminal cases. Specifically, in 2019 only 44 percent of individuals were found to have their competency restored.
IV. Numerous state jurisdictions have sought to reform their respective competency restoration systems. The Council of State Governments and the National Center for State Courts have published useful guidance for state-level improvements. New Hampshire is currently planning to build a new forensic hospital. Creation of a study committee will allow legislators, with the assistance of informed stakeholders, to review the existing statutes, examine the current competency and restoration needs of New Hampshire, and utilize national resources to develop needed improvements.
2 New Subdivision; New Hampshire Hospital and Insane Persons; Committee to Study Restoration of Competency; Established. Amend RSA 135 by inserting after section 48 the following new subdivision:
Committee to Study Restoration of Competency
135:49 Committee to Study Restoration of Competency; Established. There is hereby established a committee to study restoration of competency.
I. The members of the committee shall be as follows:
(a) Three members of the house of representatives, appointed by the speaker of the house of representatives as regular, voting members, and one member of the house of representatives, appointed by the speaker of the house of representatives as an alternate who may become a voting member in the absence of a regular, voting member. Of the regular, voting members, 2 shall be from the majority party and one from the minority party. The alternate may be from either major party.
(b) One member of the senate, appointed by the president of the senate.
II. Members of the committee shall receive mileage at the legislative rate when attending to the duties of the committee.
III. The committee shall study:
(a) Methods to streamline and improve the system of care for individuals with severe mental illness who have been deemed not competent to stand trial.
(b) Restoration of competency and the development of a plan for a comprehensive restoration program for those individuals deemed not competent but restorable. The plan would include:
(1) Review of organizational alignment of the office of forensic examiners;
(2) Best practices for inpatient and outpatient competency restoration;
(3) Improvement of current judicial review process;
(4) Identification of a central repository and management entity for the competency restoration process;
(5) Quality improvement elements for competency restoration; and
(6) Any other aspect the committee deems appropriate.
IV. The committee may solicit input from any person or entity the committee deems relevant to its study, including, but not limited to:
(a) The commissioner of the department of health and human services;
(b) The commissioner of the department of corrections;
(c) The chief executive officer of the New Hampshire hospital;
(d) The chief medical officer of the New Hampshire hospital;
(e) The chief forensic examiner of the office of the forensic examiner;
(f) The attorney general’s office;
(g) The New Hampshire public defender’s office;
(h) A county attorney;
(i) A superintendent of a county correctional facility;
(j) The New Hampshire Community Behavioral Health Association;
(k) The judicial branch;
(l) The National Alliance on Mental Illness of New Hampshire (NAMI NH);
(m) The Disability Rights Center; and
(n) The New Hampshire Psychiatric Society.
V. The members of the study committee shall elect a chairperson from among the members. The first meeting of the committee shall be called by the first-named house member. The first meeting of the committee shall be held within 45 days of the effective date of this section. Three members of the committee shall constitute a quorum.
VI. The committee shall submit an interim report of its findings and any recommendations for proposed legislation to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, the governor, and the state library on or before November 1, 2024. The committee shall submit a final report of its findings and any recommendations for proposed legislation to the speaker of the house of representatives, the president of the senate, the house clerk, the senate clerk, the governor, and the state library on or before November 1, 2025.
3 Repeal. RSA 135:49 and the subdivision heading preceding RSA 135:49, relative to the committee to study restoration of competency, are repealed.
I. Section 3 of this act shall take effect November 1, 2025.
II. The remainder of this act shall take effect upon its passage.
