New Hampshire Revised Statutes 135-C:51 – Revocation of Conditional Discharge
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I. If a psychiatrist, psychiatrist-supervised PA, or APRN, as defined in N.H. Rev. Stat. § 135-C:2, II-a, at a community mental health program or transitional housing program services providing continuing treatment on an outpatient basis to a person conditionally discharged pursuant to N.H. Rev. Stat. § 135-C:50, reasonably believes that:
(a) The person has violated a condition of the discharge; or
(b) A condition or circumstance exists which may create a potentially serious likelihood of danger to the person or to others, the psychiatrist, psychiatrist-supervised PA, or APRN may conduct or cause to be conducted by a treatment team member or an emergency service staff member, an examination of the person to determine if the conditional discharge should be revoked. Before an examination may be conducted, a written notice identifying the belief, and the reasons therefor, that a violation of the conditional discharge has occurred or other circumstances or condition exists which may create a potentially serious likelihood of danger to the person or to others shall be offered to and explained to the person if it can be done safely without significant possibility of bodily harm. If this cannot be done safely, a description of the circumstances indicating such risk shall be placed in the file.
II. A reasonable effort shall be made to find the person, in order to offer and explain the notice required under paragraph I if it can be done safely without significant possibility of bodily harm. If this cannot be done safely, a description of the circumstances indicating such risk shall be placed in the file. If the person cannot be located or consent to an examination cannot be obtained, the psychiatrist or other representative of the community mental health program may sign a complaint. Upon issuance of such a complaint, any law enforcement officer shall take custody of the person and immediately deliver him or her to the place specified in the complaint.
III. If the psychiatrist, psychiatrist-supervised PA, or APRN, following the examination the psychiatrist, psychiatrist-supervised PA, or APRN conducted or caused to be conducted of the person, finds that the person either has violated a condition of the discharge or is in such a mental condition as a result of mental illness as to create a potentially serious likelihood of danger to himself or herself or to others, he or she may temporarily revoke the conditional discharge. If the conditional discharge is temporarily revoked, the psychiatrist, psychiatrist-supervised PA, or APRN, or designee, shall prepare, offer to and explain to the person a written notice, if it can be done safely without significant possibility of bodily harm, giving the reasons for the revocation and to inform the person of the designated receiving facility in the mental health services system that he or she will be transported to upon the facility location being identified. If this cannot be done safely, a description of the circumstances indicating such risk shall be placed in the file.
IV. A law enforcement officer shall take custody of the person whose conditional discharge was temporarily revoked under paragraph III and deliver him or her, together with a copy of the notice and the reasons for the temporary revocation, to the receiving facility identified by the psychiatrist, psychiatrist-supervised PA, or APRN, where he or she shall be personally examined by the administrator of the facility or designee and the reasons for temporary revocation of the discharge shall be reviewed. Following such examination and review, if the administrator of the facility or designee finds that the person conditionally discharged has violated a condition of the discharge or is in such a mental condition as a result of mental illness as to create a potentially serious likelihood of danger to himself or herself or to others, he or she may revoke absolutely the conditional discharge. The administrator of the facility, or designee, shall prepare, offer to and explain to the person, if it can be done safely without significant possibility of bodily harm, a written notice of the reasons for the absolute revocation. If this cannot be done safely, a description of the circumstances indicating such risk shall be placed in the file. The person whose conditional discharge has been absolutely revoked shall be subject to the terms and conditions of the order of involuntary admission made pursuant to N.H. Rev. Stat. § 135-C:34-54 from which conditional discharge was granted as if the conditional discharge had not been granted.
IV-a. All explanations provided pursuant to this section shall be sufficiently detailed and complete to inform the person of the reasons for the revocation and that he or she has a right to a hearing.
V. If the psychiatrist, psychiatrist-supervised PA, or APRN who conducted or caused to be conducted an examination under paragraph III, or the administrator of the facility, or a qualified designee, performing an examination and review pursuant to paragraph IV finds that the person conditionally discharged either has not violated a condition of the discharge or is not in such a condition as a result of mental illness as to create a potentially serious likelihood of danger to himself or others, the person shall be returned by the program or facility which has custody of the person to the location where he was initially taken into custody.
VI. A person conditionally discharged pursuant to N.H. Rev. Stat. § 135-C:50 may be admitted to a receiving facility by an involuntary emergency admission under N.H. Rev. Stat. § 135-C:27-33. In such cases, the finding of probable cause for involuntary emergency admission by the district court pursuant to N.H. Rev. Stat. § 135-C:31, I, shall authorize the person’s admission for no longer than a 10-day period, as provided in N.H. Rev. Stat. § 135-C:32, unless during the period of involuntary emergency admission the person’s conditional discharge is absolutely revoked. No absolute revocation of conditional discharge shall be made pursuant to this section unless the administrator of the facility or his or her qualified designee personally examines the individual and finds that the person conditionally discharged has violated a condition of the discharge or, at the time of the examination, is in such a mental condition as a result of mental illness so as to create a potentially serious likelihood of danger to himself or to others. If a person’s conditional discharge is absolutely revoked pursuant to this section, the person shall receive notice of the reasons for the absolute revocation and shall have a right to appeal as provided in N.H. Rev. Stat. § 135-C:52.
(a) The person has violated a condition of the discharge; or
Terms Used In New Hampshire Revised Statutes 135-C:51
- Administrator: means the superintendent, executive director, or other chief administrative officer of any facility or of any community mental health program operated under the supervision of the commissioner. See New Hampshire Revised Statutes 135-C:2
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- APRN: means an advanced practice registered nurse licensed by the board of nursing who is certified as a psychiatric mental health nurse practitioner by a board-recognized national certifying body. See New Hampshire Revised Statutes 135-C:2
- Community mental health program: means a program established and administered by the state, city, town, or county, or a nonprofit corporation for the purpose of providing mental health services to the residents of the area and which minimally provides emergency, medical or psychiatric screening and evaluation, case management, and psychotherapy services. See New Hampshire Revised Statutes 135-C:2
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Conditional discharge: means the release of an involuntarily admitted person from a receiving facility on the condition that the person accept treatment in the community or be subject to readmission. See New Hampshire Revised Statutes 135-C:2
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- Mental illness: means a substantial impairment of emotional processes, or of the ability to exercise conscious control of one's actions, or of the ability to perceive reality or to reason, when the impairment is manifested by instances of extremely abnormal behavior or extremely faulty perceptions. See New Hampshire Revised Statutes 135-C:2
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Psychiatrist: means a physician licensed to practice in New Hampshire who is either board certified or board eligible according to the most recent regulations of the American Board of Psychiatry and Neurology, Inc. See New Hampshire Revised Statutes 135-C:2
- Receiving facility: means a treatment facility which is designated by the commissioner to accept for care, custody, and treatment persons involuntarily admitted to the state mental health services system. See New Hampshire Revised Statutes 135-C:2
- Transitional housing program services: means a residential program that provides housing and support services to persons with serious and persistent mental illness through a contract with the department of health and human services. See New Hampshire Revised Statutes 135-C:2
- Treatment: means examination, diagnosis, training, rehabilitation therapy, pharmaceuticals, and other services provided to clients in the mental health services system. See New Hampshire Revised Statutes 135-C:2
(b) A condition or circumstance exists which may create a potentially serious likelihood of danger to the person or to others, the psychiatrist, psychiatrist-supervised PA, or APRN may conduct or cause to be conducted by a treatment team member or an emergency service staff member, an examination of the person to determine if the conditional discharge should be revoked. Before an examination may be conducted, a written notice identifying the belief, and the reasons therefor, that a violation of the conditional discharge has occurred or other circumstances or condition exists which may create a potentially serious likelihood of danger to the person or to others shall be offered to and explained to the person if it can be done safely without significant possibility of bodily harm. If this cannot be done safely, a description of the circumstances indicating such risk shall be placed in the file.
II. A reasonable effort shall be made to find the person, in order to offer and explain the notice required under paragraph I if it can be done safely without significant possibility of bodily harm. If this cannot be done safely, a description of the circumstances indicating such risk shall be placed in the file. If the person cannot be located or consent to an examination cannot be obtained, the psychiatrist or other representative of the community mental health program may sign a complaint. Upon issuance of such a complaint, any law enforcement officer shall take custody of the person and immediately deliver him or her to the place specified in the complaint.
III. If the psychiatrist, psychiatrist-supervised PA, or APRN, following the examination the psychiatrist, psychiatrist-supervised PA, or APRN conducted or caused to be conducted of the person, finds that the person either has violated a condition of the discharge or is in such a mental condition as a result of mental illness as to create a potentially serious likelihood of danger to himself or herself or to others, he or she may temporarily revoke the conditional discharge. If the conditional discharge is temporarily revoked, the psychiatrist, psychiatrist-supervised PA, or APRN, or designee, shall prepare, offer to and explain to the person a written notice, if it can be done safely without significant possibility of bodily harm, giving the reasons for the revocation and to inform the person of the designated receiving facility in the mental health services system that he or she will be transported to upon the facility location being identified. If this cannot be done safely, a description of the circumstances indicating such risk shall be placed in the file.
IV. A law enforcement officer shall take custody of the person whose conditional discharge was temporarily revoked under paragraph III and deliver him or her, together with a copy of the notice and the reasons for the temporary revocation, to the receiving facility identified by the psychiatrist, psychiatrist-supervised PA, or APRN, where he or she shall be personally examined by the administrator of the facility or designee and the reasons for temporary revocation of the discharge shall be reviewed. Following such examination and review, if the administrator of the facility or designee finds that the person conditionally discharged has violated a condition of the discharge or is in such a mental condition as a result of mental illness as to create a potentially serious likelihood of danger to himself or herself or to others, he or she may revoke absolutely the conditional discharge. The administrator of the facility, or designee, shall prepare, offer to and explain to the person, if it can be done safely without significant possibility of bodily harm, a written notice of the reasons for the absolute revocation. If this cannot be done safely, a description of the circumstances indicating such risk shall be placed in the file. The person whose conditional discharge has been absolutely revoked shall be subject to the terms and conditions of the order of involuntary admission made pursuant to N.H. Rev. Stat. § 135-C:34-54 from which conditional discharge was granted as if the conditional discharge had not been granted.
IV-a. All explanations provided pursuant to this section shall be sufficiently detailed and complete to inform the person of the reasons for the revocation and that he or she has a right to a hearing.
V. If the psychiatrist, psychiatrist-supervised PA, or APRN who conducted or caused to be conducted an examination under paragraph III, or the administrator of the facility, or a qualified designee, performing an examination and review pursuant to paragraph IV finds that the person conditionally discharged either has not violated a condition of the discharge or is not in such a condition as a result of mental illness as to create a potentially serious likelihood of danger to himself or others, the person shall be returned by the program or facility which has custody of the person to the location where he was initially taken into custody.
VI. A person conditionally discharged pursuant to N.H. Rev. Stat. § 135-C:50 may be admitted to a receiving facility by an involuntary emergency admission under N.H. Rev. Stat. § 135-C:27-33. In such cases, the finding of probable cause for involuntary emergency admission by the district court pursuant to N.H. Rev. Stat. § 135-C:31, I, shall authorize the person’s admission for no longer than a 10-day period, as provided in N.H. Rev. Stat. § 135-C:32, unless during the period of involuntary emergency admission the person’s conditional discharge is absolutely revoked. No absolute revocation of conditional discharge shall be made pursuant to this section unless the administrator of the facility or his or her qualified designee personally examines the individual and finds that the person conditionally discharged has violated a condition of the discharge or, at the time of the examination, is in such a mental condition as a result of mental illness so as to create a potentially serious likelihood of danger to himself or to others. If a person’s conditional discharge is absolutely revoked pursuant to this section, the person shall receive notice of the reasons for the absolute revocation and shall have a right to appeal as provided in N.H. Rev. Stat. § 135-C:52.