Bill Text: NH HB596 | 2018 | Regular Session | Amended


Bill Title: Relative to review hearings in involuntary admission cases.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2018-09-20 - Executive Session: 10/25/2018 10:00 am Legislative Office Building210-211 [HB596 Detail]

Download: New_Hampshire-2018-HB596-Amended.html

HB 596-FN - AS AMENDED BY THE HOUSE

 

3Jan2018... 2413h

2017 SESSION

17-0716

01/04

 

HOUSE BILL 596-FN

 

AN ACT relative to review hearings in involuntary admission cases.

 

SPONSORS: Rep. Hoell, Merr. 23; Rep. Itse, Rock. 10

 

COMMITTEE: Judiciary

 

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ANALYSIS

 

This bill permits a person who has been involuntarily committed to a treatment facility under RSA 135-C to request a review hearing every 2 years.

 

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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

3Jan2018... 2413h 17-0716

01/04

 

STATE OF NEW HAMPSHIRE

 

In the Year of Our Lord Two Thousand Seventeen

 

AN ACT relative to review hearings in involuntary admission cases.

 

Be it Enacted by the Senate and House of Representatives in General Court convened:

 

1  Action for Discharge.  Amend RSA 135-C:53 to read as follows:

135-C:53  Action for Discharge.  Any person who has been involuntarily admitted to a receiving facility may file at the probate court of the county in which he or she was originally admitted, or where he or she resides, a petition setting forth his or her name, the underlying circumstances and date of the prior order of the court ordering his or her involuntary admission, a request for discharge from care and custody or admission to a receiving facility, and the reasons for such request.  If the petition [shall be] is accompanied by the certificate of a psychiatrist stating that the patient is no longer in need of involuntary admission and setting forth the facts upon which such an opinion is based[.  Upon receipt of the petition and the certificate], the court shall conduct a hearing pursuant to RSA 135-C:34-54.  If the petition is not accompanied by the certificate of a psychiatrist, the court shall conduct a hearing pursuant to RSA 135-C:34-54 if 2 or more years have passed since the last such hearing.  Any petition filed pursuant to this section shall be accompanied by a statement setting forth the name and address of any psychiatrist or other health care practitioner providing current treatment to the petitioner for any behavioral or mental health disorder at the time of the filing.  If the petition filed pursuant to this section is not accompanied by such statement, the court shall accept the petition and shall require the petitioner to submit such a statement prior to scheduling the hearing on the petition.  The contents of any such statement shall be provided by the court to the psychiatrist designated pursuant to RSA 135-C:40 and to the psychiatrist or other health care practitioner providing current treatment to the petitioner.

2  Effective Date.  This act shall take effect 60 days after its passage.

 

LBAO

17-0716

Amended 1/18/18

 

HB 596-FN- FISCAL NOTE

AS AMENDED BY THE HOUSE (AMENDMENT #2017-2413h)

 

AN ACT relative to review hearings in involuntary admission cases.

 

FISCAL IMPACT:      [ X ] State              [    ] County               [    ] Local              [    ] None

 

 

 

Estimated Increase / (Decrease)

STATE:

FY 2018

FY 2019

FY 2020

FY 2021

   Appropriation

$0

$0

$0

$0

   Revenue

$0

$0

$0

$0

   Expenditures

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Indeterminable Increase

Funding Source:

  [ X ] General            [    ] Education            [    ] Highway           [    ] Other

 

METHODOLOGY:

This bill permits a person who has been involuntarily committed to a treatment facility under RSA 135-C to request a review hearing every two years.  The Department of Health and Human Services states it is unable to know how many individuals will request a hearing, but notes for the five-year period from FY 2012 through FY 2016, the average number of commitments exceeding two years was 79.  The Department further notes the average cost of a psychiatrist is $1,210 per hearing and the average cost for defense counsel is $232 per hearing, bringing the total per-hearing average cost to $1,442.  The Judicial Branch notes the average cost of processing an involuntary admission case is projected to be $192.11 in FY 2018 and $194.84 in FY 2019.

 

The Department of Justice and New Hampshire Association of Counties indicate this bill will have no impact on their expenditures.

 

AGENCIES CONTACTED:

Department of Health and Human Services, Department of Justice, Judicial Branch, and New Hampshire Association of Counties

 

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