New Hampshire HB 480: relative to sports betting.

Bill Text

CHAPTER 1

HB 480 - FINAL VERSION

13Feb2025... 0061h

2026 SESSION

 25-0779

 09/05

HOUSE BILL 480

AN ACT relative to restoration of competency to stand trial for criminal defendants.

SPONSORS: Rep. M. Pearson, Rock. 34; Rep. Gregg, Hills. 7; Rep. Kuttab, Rock. 17; Rep. Lynn, Rock. 17; Rep. Rhodes, Ches. 17; Rep. Roy, Rock. 31; Rep. Turer, Rock. 6; Sen. Fenton, Dist 10; Sen. Gannon, Dist 23; Sen. Long, Dist 20

COMMITTEE: Judiciary

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AMENDED ANALYSIS

 This bill directs the committee to study restoration of competency to submit any additional proposals on or before July 1, 2025 and requires, once adequate funding is received, the department of health and human services to establish a 2-year pilot program to create the position of one or more forensic liaisons, who will assist in competency proceedings of criminal defendants. 

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

13Feb2025... 0061h 25-0779

 09/05

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Twenty-Six

AN ACT relative to restoration of competency to stand trial for criminal defendants.

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

 1:1 Directive to Study Committee; Recommendations. The committee to study restoration of competency, established in RSA 135:49, shall submit any additional recommendations for legislative proposals, as identified in its November 1, 2024 report, to the president of the senate, the speaker of the house of representatives, the senate clerk, the house clerk, and the governor on or before July 1, 2025.

 1:2 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. It is imperative that the state improve the efficiency and effectiveness of the competency restoration process in New Hampshire by establishing a forensic liaison pilot program in one judicial jurisdiction as recommended by the committee to study restoration of competency as created under RSA 135:49.

 1:3 New Subdivision; Forensic Liaison and Competency Restoration Pilot Program. Amend RSA 135 by inserting after section 49 the following new subdivision:

Forensic Liaison and Competency Restoration Pilot Program

 135:50 Forensic Liaison and Competency Restoration Pilot Program Established.

 I. In this section, “parties” means the prosecution, the defense, and the office of the forensic examiner. 

 II. The department of health and human services shall establish a 2-year pilot program creating the position of one or more forensic liaisons (FL) and contracting for all services necessary for competency restoration not otherwise covered by a third-party payer. The FL shall operate as neutral entities between the parties and the court in instances when competency is raised as an issue in a criminal case. The FL shall operate in the superior court in Merrimack or Strafford county and in the circuit courts district division in the county that is selected. The commissioner of the department of health and human services shall be responsible for des