New Hampshire Revised Statutes 622:52 – Conduct of Hearings for Commitment, Detention, or Parole
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Whenever provisions of this chapter relative to the commitment, detention, or parole of the mentally ill by criminal proceedings require that a hearing be conducted by the superior court, such hearing shall be ordered in accordance with the following requirements:
I. Such person shall have the right to be represented by counsel and shall have the right to present independent testimony. The court shall appoint counsel for such person whom it finds to be indigent and who is not represented by counsel, unless such person refuses the appointment of counsel.
II. The court may provide an independent medical examination for such indigent person upon the request of his counsel or upon his own request if he is not represented by counsel.
III. The person shall be allowed not less than 2 days after the appearance of his counsel in which to prepare his case and a hearing shall be conducted forthwith after such period unless counsel requests a delay.
IV. Notice of the time and place of hearing shall be furnished by the court to the commissioner, the person, his counsel, and his nearest relative or guardian.
V. The person or the commissioner may request either an open or a closed hearing and the court in its discretion may grant such a request.
I. Such person shall have the right to be represented by counsel and shall have the right to present independent testimony. The court shall appoint counsel for such person whom it finds to be indigent and who is not represented by counsel, unless such person refuses the appointment of counsel.
Terms Used In New Hampshire Revised Statutes 622:52
- 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
- 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.
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
II. The court may provide an independent medical examination for such indigent person upon the request of his counsel or upon his own request if he is not represented by counsel.
III. The person shall be allowed not less than 2 days after the appearance of his counsel in which to prepare his case and a hearing shall be conducted forthwith after such period unless counsel requests a delay.
IV. Notice of the time and place of hearing shall be furnished by the court to the commissioner, the person, his counsel, and his nearest relative or guardian.
V. The person or the commissioner may request either an open or a closed hearing and the court in its discretion may grant such a request.