Key Information

Relevant Statutes and Rules

N.H. Rev. Stat. Ann. §§ 135:17 et seq.

What proceedings can occur while the defendant is incompetent

None stated.

Number of examiners required

1

N.H. Rev. Stat. Ann. § 135:17(I)(a)

Qualifications of examiners

"Qualified psychiatrist or psychologist on the staff of any public institution or by a private qualified psychiatrist or psychologist as the circumstances of the case may require"

N.H. Rev. Stat. Ann. § 135:17(I)(a)

“qualified” means board-eligible or board-certified in forensic psychiatry or psychology, or demonstrated competence and experience in completing court-ordered forensic criminal evaluations. A licensed out-of-state psychiatrist or psychologist who meets the definition of qualified may also conduct evaluations.

N.H. Rev. Stat. Ann. § 135:17(I)(a)

What must the evaluation report contain

(a) Whether the defendant suffers from a mental disease or defect; and
(b) Whether the defendant has a rational and factual understanding of the proceedings against him or her, and sufficient present ability to consult with and assist his or her lawyer on the case with a reasonable degree of rational understanding.

N.H. Rev. Stat. Ann. § 135:17(II)(b)

Are low-level offenses excluded from restoration

None stated.

Is there a pathway for diversion following a finding of incompetence to stand trial

None stated.

What are the locations for restoration services

Inpatient "only under an order for involuntary admission or involuntary emergency admission"

"In all other cases, the accused shall, if otherwise qualified, be admitted to bail."

N.H. Rev. Stat. Ann. § 135:17-a(II)

What is the test for restorability

Clear and convincing evidence "that there is no reasonable likelihood that the defendant can be restored to competency through appropriate treatment within 12 months."

N.H. Rev. Stat. Ann. § 135:17-a(I)

What is the procedure after restoration

"Except for good cause shown, a further hearing to determine the defendant's competency shall be held no later than 12 months after the order committing the defendant for treatment. The hearing may be held earlier if the court is notified that the defendant has been restored to competency."

"If following the hearing, the court determines that the defendant has regained competency, within 60 days the court shall docket the matter and set a date for trial."

N.H. Rev. Stat. Ann. § 135:17-a(III), (IV)

What is the procedure if there is a finding of unrestorability

"[T]he case against the defendant shall be dismissed without prejudice" and if "the court determines that he or she is dangerous to himself or herself or others, the court shall order the person to remain in custody for a reasonable period of time, not to exceed 90 days, to be evaluated for the appropriateness of involuntary treatment."

"If a defendant who was charged with a sexually violent offense . . . has not regained competency, the court shall proceed pursuant to [rules governing involuntary commitment of sexually violent predators."

N.H. Rev. Stat. Ann. § 135:17-a(IV), (V)

What are the time limits on initial transfer to restoration services

None stated.

What are the time limits for treatment

N/A

What is the process if time limit is reached without restoration

"[T]he case against the defendant shall be dismissed without prejudice" and if "the court determines that he or she is dangerous to himself or herself or others, the court shall order the person to remain in custody for a reasonable period of time, not to exceed 90 days, to be evaluated for the appropriateness of involuntary treatment."

"If a defendant who was charged with a sexually violent offense . . . has not regained competency, the court shall proceed pursuant to [rules governing involuntary commitment of sexually violent predators."

N.H. Rev. Stat. Ann. § 135:17-a(IV), (V)

Are there prohibitions on revoking pretrial release or competency as a pre-trial release factor

None stated.

Time limits on treatment

12 mos., except for good cause shown

N.H. Rev. Stat. Ann. § 135:17-a(III)