New Hampshire HB 1067: relative to the mental health courts.

Bill Text

HB 1067-FN - AS INTRODUCED

2026 SESSION

 26-2322

 09/05

HOUSE BILL 1067-FN

AN ACT relative to the mental health courts.

SPONSORS: Rep. M. Pearson, Rock. 34; Rep. D. Mannion, Rock. 25; Rep. Lynn, Rock. 17; Rep. Scherr, Rock. 26; Rep. Weber, Ches. 5; Rep. Berch, Ches. 6; Rep. DeSimone, Rock. 18; Rep. Hartnett, Hills. 41; Sen. Gannon, Dist 23

COMMITTEE: Judiciary

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ANALYSIS

 This bill revises the processes and requirements for the establishment of mental health courts, and requires the development of a grant program to fund new mental health courts.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

 26-2322

 09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to the mental health courts.

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

 1 Mental Health Courts; Purpose; Policy and Goals. Amend RSA 490-H:1, I(f) to read as follows:

 (f) Reducing the costs of incarceration, by reducing the frequency of involuntary emergency admissions and by lowering recidivism and reducing the long-term costs by providing alternative interventions to incarceration by improving treatment and prevention options for those living with mental illness; and

 2 Mental Health Courts; Structure RSA 490-H:2 is repealed and reenacted to read as follows:

 RSA 490-H:2 Mental Health Court; Structure.

 I. Any superior or circuit court may establish one or more mental health courts under which the courts monitor offenders with mental illnesses for compliance with individual services to change behavior which would otherwise result in criminal conduct. In this chapter "mental health court" means a judicial intervention process that incorporates the guidelines for mental health courts as adopted by the New Hampshire supreme court.

 II. Upon successful completion of a program recommended by the mental health court, an offender's case may be disposed of by the judge in the manner prescribed by the agreement and by the applicable policies and procedures adopted by the mental health court. This may include, but is not limited to, withholding criminal charges or dismissal of charges.

 III. A person sentenced by a mental health court may, at least one year after successful completion of all programs and conditions imposed by the mental health court, petition for annulment of the charges, arrest, conviction, and sentence that relate to such person's entry into the mental health court.

 IV. The mental health court may convene a local committee made up of community members who can provide support for the mental health court.

 3 New Section; Mental Health Court; Implementation. Amend RSA 490-H by inserting after section 3 the following new section:

 490-H:4 Mental Health Court; Implementation.

 I. As used in this chapter:

 (a) "Risk assessment" means a formal written evaluative tool approved by the office of the statewide treatment courts (OSTC) that measures the individual's risk to public safety and to personal safety, including a consideration of recidivism.

 (b) "Clinical assessment" means a formal evaluation by a clinician that provides a clinical diagnosis of the individual.

 II. The judicial branch, through the administrative office of the courts, OSTC, shall be responsible for developing an application process by which counties, districts, or non-profits may apply for a state grant to operate mental health court within their area. Subject to approval of the chief justice of the supreme court, the office shall:

 (a) Determine approval requirements including the development of a New Hampshire mental health court approval checklist. Prior to accepting applications for grants, the approval checklist shall be posted on the judicial branch website. The checklist shall be updated on the website as revisions are made.

 (b) Annually review and update, as needed, mental health court guidelines for operating mental health courts.

 (c) Develop draft policies and procedures including a model participant handbook and implementation plan.

 (d) Measure recidivism rates and other outcome measures.

 (e) Evaluate compliance with relevant standards.

 (f) Assist in creating or enhancing mental health courts within the state.

 (g) Assist mental health courts in obtaining ongoing training.

 III. Given availability of sufficient funding, the judicial branch shall manage an electronic information system for performance measurement and accept submission of performance data in a consistent format from all mental health court divisions. The data collected shall include, but