CHAPTERSenate 35Judiciary SBFebruary 314-FN27, -2024 FINAL2024-0867s VERSION09/05 03/07/2024Amendment 0867sto SESSIONSB 24-2926314-FN 09/10Amend SENATEthe BILLbill 314-FNby ANreplacing ACTsection relative1 towith pre-trialthe competencyfollowing: evaluations.

SPONSORS:3 1 Commitment to Hospitals;

Sen.

Chandley, Dist 11;

Sen.

D'Allesandro, Dist 20;

Sen.

Soucy, Dist 18;

Sen.

Watters, Dist 4;

Sen.

Altschiller, Dist 24;

Rep.

Mooney, Hills.

12;

Rep.

N.

Murphy, Hills.

12 COMMITTEE:

Judiciary ───────────────────────────────────────────────────────────────── ANALYSIS This bill amends the process for the examination of competency of pre-trial defendants.

The bill is a request of the department of corrections.

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 Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

CHAPTER 35 SB 314-FN - FINAL VERSION 03/07/2024 0867s 24-2926 09/10 STATE OF NEW HAMPSHIRE In the Year of Our Lord Two Thousand Twenty Four AN ACT relative to pre-trial competency evaluations.

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

35:1 Commitment to Hospitals;

The court may determine that such pre-pre-trial trial examination is unnecessary and proceed according to RSA 135:17-a, I.

In all other cases, such pre-pre-trial trial examination shall be completed within 45 days in the case of a person being held at a county correctional facility, otherwise 90 days after the date of the order for such examination, unless either party requests an extension of this period.

For the purposes of this paragraph and RSA 135:17-a, III, "qualified" means board-eligible or board-certified in forensic psychiatry or psychology, or demonstrated competence and experience in completing court-ordered forensic criminal evaluationsAevaluations. licensed out-of-state psychiatrist or psychologist who meets the definition of qualified may also conduct evaluations under this paragraph and RSA 135:17-a, III.

A licensed out-of-state psychiatrist or psychologist who meets the definition of qualified may also conduct evaluations under this paragraph and RSA 135:17-a, III.

(c) In cases where the person is incarcerated and a pre-trial examination has not been performed within 45 days of the court's order, or when the person is not incarcerated, Amendment to SB 314-FN - Page 2 - performed within 90 days, the court shall, upon request of the person, order an evaluation by a qualified psychiatrist or psychologist.psychologisThe court shall favorably consider a request that the psychiatrist or psychologist be treated as a defense expert who shall be compensated pursuant to RSA 604-A:6.

The(d) courtIn shallcases favorablywhere considerthe aperson requestis thatincarcerated and an examination has not been performed, the psychiatristcourt orbefore psychologistwhich behe treatedor asshe ais defenseto expertbe whotried shall bereview compensatedthe pursuantperson's tobail RSAstatus 604-A:6.on a monthly basis.

CHAPTER 35 SB 314-FN - FINAL VERSION - Page 2 - (d) In cases where the person is incarcerated and an examination has not been performed, the court before which he or she is to be tried shall review the person's bail status on a monthly basis.

35:2 Effective Date.

This act shall take effect January 1, 2025.

Approved:

May 31, 2024 Effective Date:

January 01, 2025