New Hampshire Revised Statutes 135-C:31 – Involuntary Emergency Admission Hearing; Rules
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I. Within 3 days after an involuntary emergency admission, not including Sundays and holidays, and subject to the notice requirements of N.H. Rev. Stat. § 135-C:24, there shall be a probable cause hearing in the district court having jurisdiction to determine if there was probable cause for involuntary emergency admission. The burden shall be on the petitioner to show that probable cause existed. The court shall render its written decision as soon as possible after the close of the hearing, but not later than the end of the court’s next regular business day.
II. The person sought to be admitted or the petitioner may request a continuance of the probable cause hearing. Such requests shall be granted only for good cause but in no case shall continuance be granted for more than 2 days. Any continuance granted for good cause shall not extend the period of involuntary emergency admission.
III. The person sought to be admitted may, in writing, waive the probable cause hearing required under this section. Such waiver shall state that the person sought to be admitted has made an informed decision to waive the probable cause hearing and that he or she understands that such a waiver shall result in his or her admission on an emergency basis for a period not to exceed 10 days, not including Saturdays and Sundays, except as specified in N.H. Rev. Stat. § 135-C:32. The waiver shall be executed before a justice of any district or municipal court. If the person sought to be admitted is found by the court to be incapable of making an informed decision to waive probable cause, then the waiver may be executed by that person’s attorney subject to the review of the court.
IV. For 48 hours prior to the hearing the person sought to be admitted shall not be given medication or treatment that would adversely affect his judgment or limit his ability to prepare for the hearing unless the person sought to be admitted makes an informed decision to consent to treatment or unless a medical or psychiatric emergency exists. If medication is given to the person sought to be admitted prior to the probable cause hearing, it shall be the affirmative obligation of the physician prescribing the medication to advise the district court of the nature of the medication, the reason for it, and its probable effect upon the person. Such notice may be transmitted to the court in writing prior to the hearing or may be presented by the physician at the hearing. The jurisdiction for the probable cause hearing shall be in the district court in the city or town where the person is detained. Upon the request of the person sought to be admitted or that person’s attorney, a change of venue or transfer may be granted for good cause shown.
V. If a receiving facility has not been designated to receive or maintain custody following a probable cause hearing of a person admitted under N.H. Rev. Stat. § 135-C:27-33, the facility shall, within 24 hours, transfer the person to a receiving facility which has the proper designation. A receiving facility may transfer a person admitted under N.H. Rev. Stat. § 135-C:27-33 to another receiving facility if that receiving facility can better provide the degree of security and treatment required for the person. All transfers shall receive prior approval of the chief administrator of the state mental health services system. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to transfer criteria and procedures for the challenge of transfer decisions by the persons to be transferred.
II. The person sought to be admitted or the petitioner may request a continuance of the probable cause hearing. Such requests shall be granted only for good cause but in no case shall continuance be granted for more than 2 days. Any continuance granted for good cause shall not extend the period of involuntary emergency admission.
Terms Used In New Hampshire Revised Statutes 135-C:31
- 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
- Commissioner: means the commissioner of the department of health and human services. See New Hampshire Revised Statutes 135-C:2
- Continuance: Putting off of a hearing ot trial until a later time.
- 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
- Informed decision: means a choice made by a client or person seeking to be admitted who has the ability to make such a choice and who makes it voluntarily after all relevant information necessary to making the decision has been provided, and who understands that he is free to choose or refuse any available alternative, and who clearly indicates or expresses his choice. See New Hampshire Revised Statutes 135-C:2
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- petitioner: shall mean plaintiff. See New Hampshire Revised Statutes 21:51
- Physician: means a medical doctor licensed to practice in New Hampshire. See New Hampshire Revised Statutes 135-C:2
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- 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
- Venue: The geographical location in which a case is tried.
III. The person sought to be admitted may, in writing, waive the probable cause hearing required under this section. Such waiver shall state that the person sought to be admitted has made an informed decision to waive the probable cause hearing and that he or she understands that such a waiver shall result in his or her admission on an emergency basis for a period not to exceed 10 days, not including Saturdays and Sundays, except as specified in N.H. Rev. Stat. § 135-C:32. The waiver shall be executed before a justice of any district or municipal court. If the person sought to be admitted is found by the court to be incapable of making an informed decision to waive probable cause, then the waiver may be executed by that person’s attorney subject to the review of the court.
IV. For 48 hours prior to the hearing the person sought to be admitted shall not be given medication or treatment that would adversely affect his judgment or limit his ability to prepare for the hearing unless the person sought to be admitted makes an informed decision to consent to treatment or unless a medical or psychiatric emergency exists. If medication is given to the person sought to be admitted prior to the probable cause hearing, it shall be the affirmative obligation of the physician prescribing the medication to advise the district court of the nature of the medication, the reason for it, and its probable effect upon the person. Such notice may be transmitted to the court in writing prior to the hearing or may be presented by the physician at the hearing. The jurisdiction for the probable cause hearing shall be in the district court in the city or town where the person is detained. Upon the request of the person sought to be admitted or that person’s attorney, a change of venue or transfer may be granted for good cause shown.
V. If a receiving facility has not been designated to receive or maintain custody following a probable cause hearing of a person admitted under N.H. Rev. Stat. § 135-C:27-33, the facility shall, within 24 hours, transfer the person to a receiving facility which has the proper designation. A receiving facility may transfer a person admitted under N.H. Rev. Stat. § 135-C:27-33 to another receiving facility if that receiving facility can better provide the degree of security and treatment required for the person. All transfers shall receive prior approval of the chief administrator of the state mental health services system. The commissioner shall adopt rules, pursuant to RSA 541-A, relative to transfer criteria and procedures for the challenge of transfer decisions by the persons to be transferred.