RSA 651:11-a Duration of Committal Orders

• Library: New Hampshire Statutes
• Edition: 2023
• Currency: Current through 2023 Legislative Session
• Year: 2023
• Citation: RSA 651:11-a

I.Orders of committal to the secure psychiatric unit made pursuant to this chapter shall be valid for 5 years. For the order to be renewed, another judicial hearing must be held. At the renewal hearing, when the court is satisfied by clear and convincing evidence that the person suffers from a mental disorder and that it would be dangerous for him to go at large, the court shall renew the order of committal.

II.Without otherwise limiting the discretion of the court, a court shall find it would be dangerous for a person to go at large if:

(a) He has been found not guilty by reason of insanity of a crime; and

(b) The physical act or acts constituting the crime of which the person was found not guilty by reason of insanity caused death or serious bodily injury as defined in RSA 625:11, VI, to him or another, or created a grave risk of death or serious bodily injury to him or another; and

(c) The person suffers from the mental disorder or a substantially similar mental condition as existed at the time he committed the act or acts which constituted the crime of which he was found not guilty by reason of insanity.

III.Without otherwise limiting the discretion of the court, a court may find that it would be dangerous for a person to go at large if:

(a) He has been found not guilty by reason of insanity of a crime; and

(b) The physical act or acts constituting the crime of which the person was found not guilty by reason of insanity resulted in damage to the property of another, or created a grave risk of damage to the property of another, or caused harm or a risk of harm to himself or another; and

(c) The person suffers from the mental disorder or a substantially similar mental condition as existed at the time he committed the act or acts which constituted the crime of which he was found not guilty by reason of insanity.

IV.The following provisions shall apply after the court renews the order of committal pursuant to paragraph I of this section:

(a) If the court renews the order of committal but finds by clear and convincing evidence that the person's release under certain conditions, including, but not limited to, a prescribed regimen of medical, psychiatric, or psychological care or treatment, would no longer create a substantial risk of bodily injury to himself or another person or serious damage to property of another, the court may:

(1) Order that he be conditionally discharged under conditions the court finds appropriate, including any prescribed regimen of medical, psychiatric, or psychological care or treatment that has been prepared for him, which has been certified to the court as appropriate by the commissioner of the department of corrections or his designee or by the director of another facility not within the department of corrections in which he is committed, and which has been found by the court to be appropriate; and