New Hampshire 2023 Regular Session

New Hampshire Senate Bill SB128

Introduced
1/19/23  
Refer
1/19/23  
Report Pass
2/8/23  
Report Pass
2/15/23  
Engrossed
3/20/23  
Refer
3/20/23  
Report Pass
5/10/23  
Report Pass
5/10/23  

Caption

Relative to payment for legal services for persons involuntarily admitted for mental health services.

Impact

The implementation of SB128 is expected to have notable implications for state laws governing mental health services and legal representation. By mandating that the state fund legal counsel for involuntary admissions, the bill seeks to enhance the legal rights of individuals experiencing mental health crises. The Judicial Council has indicated that this change could incur new expenses, as it currently does not cover attorney fees in such cases. The estimated average annual expense for these legal services is around $199,400, based on historical data on emergency admissions in the state.

Summary

Senate Bill 128 (SB128) aims to establish a new protocol for the payment of legal services for individuals who are involuntarily admitted for mental health treatment in New Hampshire. Under this bill, the costs associated with legal representation for these individuals will be covered by the indigent defense fund, effectively alleviating the financial burden on those who cannot afford legal counsel. This legislation represents a significant shift in how legal services are funded in cases related to mental health involuntary admissions, moving away from requiring individuals to pay for their own legal representation.

Contention

During discussions surrounding SB128, there were points of contention regarding the fiscal responsibilities of the state versus individual rights. Supporters argue that providing state-funded legal representation is essential for ensuring that individuals are adequately represented in hearings that greatly affect their mental health and autonomy. Critics, however, might raise concerns about the financial implications of this additional burden on the state budget, especially given the potential administrative costs involved in qualifying these cases. Overall, the bill reflects an evolving perspective on mental health law and the importance of legal representation in safeguarding the rights of vulnerable populations.

Companion Bills

No companion bills found.

Previously Filed As

NH SB128

Relative to payment for legal services for persons involuntarily admitted for mental health services.

NH SB129

Relative to the payment of costs for indigent persons involved in mediation services.

NH SB128

Relative to children's mental health services for persons 18 years of age and younger.

NH HB1206

Relative to the source of funding for appointment of counsel or other services for indigent persons.

NH SB430

Relative to health and human services.

NH HB360

An act legalizing cannabis for persons 21 years of age or older.

NH SB476

Making a capital appropriation to the department of corrections toward thereplacement of the New Hampshire state prison for men and authorizing the state toreport mental health data for firearms background check purposes and providing forprocesses for confiscation of firearms following certain mental health-related courtproceedings and for relief from mental health-related firearms disabilities.

NH HB1701

Relative to annulments of records related to involuntary commitments.

NH HB1468

Relative to the legalization of cannabis.

NH SB76

Relative to reporting of medico-legal deaths.

Similar Bills

No similar bills found.