New Hampshire Senate Bill SB392

New Hampshire 2022 Regular Session

• Introduced: 12/23/21
• Refer: 12/23/21
• Report Pass: 2/22/22
• Engrossed: 3/23/22
• Refer: 3/23/22
• Report DNP: 4/25/22
• Report Pass: 4/25/22

Caption

Establishing a commission to study insanity and restoration of competency.

Impact

The bill indicates that New Hampshire has seen a dramatic rise in the number of competency evaluations necessitated by defendants within the justice system, with a noted 75% increase in competency orders since 2015. However, the existing framework for assisting individuals found incompetent is inadequate, with only 44% of individuals ordered into competency restoration successfully returning to court and completing their legal proceedings. The establishment of the commission is a pivotal step aimed at advocating for structured reforms to enhance the treatment and judicial pathways for individuals grappling with severe mental illness.

Summary

Senate Bill 392 aims to establish a commission to conduct a comprehensive study surrounding the themes of insanity and restoration of competency within the New Hampshire legal system. The bill highlights an urgent need for reforms due to significant increases in competency evaluations and the committee's finding that current statutory definitions are outdated. The statute applicable to insanity dates back to 1871, which the bill identifies as needing modernization to reflect contemporary standards and practices regarding mental health.

Contention

Critics of the bill may voice concerns that establishing such a commission could lead to increased bureaucracy without guaranteeing tangible improvements in mental health treatment and judicial processes. The bill's supporters argue, however, that systematic evaluation of current practices could yield actionable recommendations that would serve the dual purpose of enhancing treatment for mentally ill defendants while also potentially alleviating some of the burden on the courts. The outcome of the commission's recommendations could have lasting effects on mental health legislation and the intersection of mental health with the criminal justice system.