171-B:1 Jurisdiction. – For proceedings under this chapter, jurisdiction is vested in the probate court in the county where the person sought to be admitted resides or is detained. For a person who is subject to an order for involuntary admission under this chapter, jurisdiction for a hearing held pursuant to this chapter is […]
171-B:10 Conduct of Hearing. – At the hearing, the person whose mental condition is the subject of the hearing shall have the right to legal counsel, to present evidence on such person’s own behalf, and to cross-examine witnesses. Such person shall also have the right to summon as witnesses the expert who filed the […]
171-B:11 Change of Venue. – In hearings held under this chapter, upon the request of the person sought to be admitted, a change of venue or transfer may be granted at the court’s discretion. Source. 1994, 408:9, eff. Jan. 1, 1995.
171-B:12 Order of Court. – If, after the hearing, the court finds by clear and convincing evidence that the person meets the standard set forth in RSA 171-B:2, the court shall order the person to submit to: I. Treatment and services in a receiving facility within the state developmental services delivery system; II. Treatment […]
171-B:13 Duration of Order. – An order made pursuant to RSA 171-B:12 may be valid for up to 5 years. For the order to be renewed, another hearing shall be held pursuant to this chapter. Source. 1994, 408:9, eff. Jan. 1, 1995.
171-B:14 Amended Orders. – The court issuing an order for involuntary admission to the state developmental services system shall retain jurisdiction of the case for the duration of the order. At any time during the period of such order, the commissioner of the department of health and human services or designee may petition the […]
171-B:15 Transfers. – I. A person admitted to any receiving facility pursuant to this section may at any time be transferred by the administrator of the receiving facility to the secure psychiatric unit upon a determination that the person would present a serious likelihood of danger to self or to others if retained in […]
171-B:16 Conditions of Conditional Discharge. – No person who is admitted to a receiving facility or to the secure psychiatric unit pursuant to this chapter shall be discharged, either absolutely or conditionally, prior to the expiration of the order of commitment without prior approval of the chief administrator of the state developmental services system […]
171-B:2 Involuntary Admission Standard. – The standard to be used by a court, physician, psychologist or psychiatrist in determining whether a person should be admitted on an involuntary basis shall be whether: I. The person has been charged with a felony involving serious bodily injury or the use of a deadly weapon, or with […]
171-B:3 Petition of Responsible Person. – Only the attorney general, or designee, or the commissioner of the department of health and human services, or designee, may bring a petition for a hearing under RSA 171-B:4. Source. 1994, 408:9. 1995, 310:182, eff. Nov. 1, 1995.
171-B:4 Petition. – The petition for admission on an involuntary basis shall include: I. The name of the person sought to be admitted and such person’s last known address. II. The specific facts that the petitioner alleges satisfy RSA 171-B:2. III. A certificate from a physician, psychiatrist, or psychologist who shall have experience and […]
171-B:5 Hearing Date. – The probate court judge of original jurisdiction shall, upon receipt of the petition, set a hearing date. The hearing shall be held within 20 days, excluding Saturdays, Sundays, and legal holidays, from the date of receipt of the petition. Source. 1994, 408:9, eff. Jan. 1, 1995.
171-B:6 Clerk to Send Copies of Petition. – Subsequent to receipt of the petition for involuntary admission, the clerk shall, within 2 days of receipt of the petition, forward 2 copies to the person sought to be admitted. Source. 1994, 408:9. 2011, 88:20, eff. July 1, 2011.
171-B:7 Examination. – Upon receipt of the petition, the court shall order a person sought to be admitted to submit to an examination by a physician, psychiatrist, or psychologist, who shall have experience and training in developmental and intellectual disabilities, who is designated by the court. The expert so designated shall file with the […]
171-B:8 Recommendations; Copy to Person. – No later than 5 days prior to the day of the hearing, a copy of the report prepared pursuant to RSA 171-B:7 shall be made available to the petitioner, the person sought to be admitted and to such person’s attorney. Source. 1994, 408:9, eff. Jan. 1, 1995.
171-B:9 Continuance. – Either party may apply to the court for continuance of the hearing on a petition for involuntary admission which the court may grant for good cause shown. Source. 1994, 408:9, eff. Jan. 1, 1995.
