New Hampshire Revised Statutes 172:13 – Acceptance and Admissions
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I. Any resident of the state, or the parent, person in loco parentis, or the legal guardian of a resident under 18 years of age or mentally incompetent, may apply to the commissioner for voluntary admission of such resident for care, treatment and guidance. The commissioner may adopt such rules regarding the admission, care and treatment of voluntary patients as he deems best. The rules of the commissioner in regard to voluntary clients shall be printed and made available to the public. No voluntary client shall, by asking the help or care of the commissioner, abridge any of his civil rights nor shall evidence of his voluntary submission to the commissioner’s care and control be admissible against him in any court. All records pertaining to voluntary clients shall be kept confidential and not divulged, except that the commissioner may release such records to hospitals, institutions and physicians whenever in his discretion such information may assist in further treatment of the voluntary client.
II. When a person is indicted for any felony or is awaiting the action of the grand jury on any felony, or is charged with a misdemeanor, and question as to the drug or alcohol dependency of the person is raised by either party, any justice of the superior or circuit court having jurisdiction over the matter may, after hearing, order such person to be examined in accordance with the instructions of the commissioner to determine whether said person is drug or alcohol dependent. The commissioner shall report the results of the examination and his findings to the court in writing.
III. If a person examined pursuant to the provisions of paragraph II is found to be drug or alcohol dependent, the superior court having jurisdiction over the criminal action may, after hearing, without regard to the result of the criminal action, issue an order requiring the person to accept treatment at a certified substance abuse treatment facility when an opening becomes available. During treatment no further action shall be taken in respect to the original charges made against such a person unless otherwise ordered by the court. The court may release the person conditionally for treatment at any alcohol-drug abuse clinic, certified facility, mental health clinic or center or other appropriate sources of care.
IV. Nothing in this section shall prevent the court from placing a person convicted of a violation of N.H. Rev. Stat. Chapter 318-B on probation conditioned upon the requirement that the person receive treatment at a treatment facility such as a certified substance abuse facility or other alcohol-drug abuse clinic, mental health clinic or center, or other appropriate sources of care.
V-VIII. [Repealed.]
II. When a person is indicted for any felony or is awaiting the action of the grand jury on any felony, or is charged with a misdemeanor, and question as to the drug or alcohol dependency of the person is raised by either party, any justice of the superior or circuit court having jurisdiction over the matter may, after hearing, order such person to be examined in accordance with the instructions of the commissioner to determine whether said person is drug or alcohol dependent. The commissioner shall report the results of the examination and his findings to the court in writing.
Terms Used In New Hampshire Revised Statutes 172:13
- Certified substance abuse treatment facility: means a facility funded in part or in whole by the office of alcohol and drug abuse prevention, and certified under rules adopted pursuant to RSA 541-A. See New Hampshire Revised Statutes 172:1
- Client: means a person who voluntarily seeks substance abuse treatment as provided by the office of alcohol and drug abuse prevention through its agents or substance abuse treatment contractors. See New Hampshire Revised Statutes 172:1
- Commissioner: means the commissioner of health and human services. See New Hampshire Revised Statutes 172:1
- Dependent: A person dependent for support upon another.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- 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
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- 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
III. If a person examined pursuant to the provisions of paragraph II is found to be drug or alcohol dependent, the superior court having jurisdiction over the criminal action may, after hearing, without regard to the result of the criminal action, issue an order requiring the person to accept treatment at a certified substance abuse treatment facility when an opening becomes available. During treatment no further action shall be taken in respect to the original charges made against such a person unless otherwise ordered by the court. The court may release the person conditionally for treatment at any alcohol-drug abuse clinic, certified facility, mental health clinic or center or other appropriate sources of care.
IV. Nothing in this section shall prevent the court from placing a person convicted of a violation of N.H. Rev. Stat. Chapter 318-B on probation conditioned upon the requirement that the person receive treatment at a treatment facility such as a certified substance abuse facility or other alcohol-drug abuse clinic, mental health clinic or center, or other appropriate sources of care.
V-VIII. [Repealed.]