PUBLIC SAFETY AND WELFARE
INVOLUNTARY ADMISSION FOR PERSONS FOUND NOT COMPETENT TO STAND TRIAL
171-B:2 Involuntary Admission Standard.
The standard to be used by a court, physician, psychologist or psychiatrist in determining whether a person should be admitted on an involuntary basis shall be whether:
I. The person has been charged with a felony involving serious bodily injury or the use of a deadly weapon, or with aggravated felonious sexual assault (other than pursuant to RSA 632-A:2, I(h)) or felonious sexual assault, or with arson pursuant to RSA 634:1, II or III;
II. A district court, superior court, or grand jury has found that probable cause exists that the person committed a felony as set forth in paragraph I;
III. The person is determined to be not competent to stand trial;
IV. The person has an intellectual disability, as defined in the most current edition of the Diagnostic Manual-Intellectual Disability developed by the National Association for the Dually Diagnosed in association with the American Psychiatric Association; and
V. The person has a condition or behavior as a result of which the person poses a potentially serious likelihood of danger to others or a potentially serious threat of engaging in acts which would constitute arson as evidenced by a specific act or actions which may include such act or actions giving rise to the felony charge according to RSA 171-B:2, I.
Source. 1994, 408:9. 2001, 243:4. 2008, 52:17, eff. July 11, 2008.