New Hampshire 2024 Regular Session

New Hampshire Senate Bill SB314

Introduced
12/8/23  
Refer
12/8/23  
Report Pass
2/27/24  
Engrossed
3/12/24  
Refer
3/12/24  
Report Pass
4/12/24  
Enrolled
5/23/24  
Chaptered
6/3/24  

Caption

Relative to pre-trial competency evaluations.

Impact

SB314 aims to enhance the efficiency and fairness of the judicial process by ensuring that defendants receive timely evaluations regarding their competency to stand trial. This legislative change seeks to standardize the procedures for mental health assessments and potentially reduce delays in the legal process that can harm both the defendants and the judicial system. The legislation is seen as a response to shortcomings in the existing framework, which sometimes leads to prolonged delays in competency evaluations, complicating court proceedings.

Summary

Senate Bill 314 (SB314) focuses on amending the judicial process associated with pre-trial competency evaluations of defendants. Under this legislation, courts are empowered to order mental health evaluations by qualified professionals when an issue of a defendant's competency or sanity is raised. The evaluations can be conducted in various environments, including institutional settings or remotely through electronic means. The bill emphasizes that courts must complete these evaluations within defined time frames, specifically 45 days for incarcerated individuals and 90 days for those not in custody, with mechanisms for extensions if necessary.

Contention

While there is broad support for improving competency evaluations, concerns have been raised regarding the adequacy of mental health resources and the potential for delays in accessing necessary services. Critics of the bill argue that it may introduce more challenges in cases where resources are already limited, as courts may struggle to schedule evaluations within the mandated timelines. Additionally, there are concerns about ensuring comprehensive access to qualified professionals and maintaining the integrity of the evaluation process, especially in light of the remote evaluation options facilitated under this legislation.

Companion Bills

No companion bills found.

Previously Filed As

NH SB252

Relative to release of a defendant pending trial.

NH HB106

Relative to extreme risk protection orders.

NH SB248

Relative to bail for a defendant.

NH SB264

Relative to parentage.

NH HB38

Relative to the conditions for release of a defendant pending trial.

NH HB2

Relative to state fees, funds, revenues, and expenditures.

NH SB249

Relative to the release of a defendant pending trial.

NH HB655

Relative to the office of professional licensure and certification.

NH HB639

Relative to the legalization and regulation of cannabis and making appropriations therefor.

NH SB238

Relative to prescribing opioids via telehealth medicine.

Similar Bills

No similar bills found.