TITLE VIII
PUBLIC DEFENSE AND VETERANS' AFFAIRS

Chapter 116
COMMITMENT TO VETERANS ADMINISTRATION OR OTHER FEDERAL AGENCY

Section 116:1

    116:1 Commitment to Institutions. – Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his proper care, it is determined after such adjudication of the status of such person as may be required by law that commitment to a hospital for mental diseases or other institution is necessary for safekeeping or treatment and it appears that such person is eligible for care or treatment by the veterans administration or other agency of United States government, the court, or other committing authorities, upon receipt of a certificate from the veterans administration or such other agency showing that facilities are available and that such person is eligible for care or treatment therein, may commit such person to said veterans administration or other agency. Upon commitment, such person, when admitted to any facility operated by any such agency within or without this state, shall be subject to the rules and regulations of the veterans administration or other such agency. With respect to the person so committed the chief officer of such facility shall have the same power and control over said person as would the superintendent of the state institution to which said person otherwise would have been committed. Jurisdiction is retained in the appropriate court of this state at any time to inquire into the mental condition of the person so committed, and to determine the necessity for continuance of his restraint, and all commitments pursuant to this chapter are so conditioned.

Source. 1949, 132:1, eff. April 11, 1949.

Section 116:2

    116:2 Order of Commitment. – The judgment or order of commitment by a court of competent jurisdiction of another state or of the District of Columbia, committing a person to the veterans administration, or such other agency of the United States government for care or treatment shall have the same force and effect as to the committed person while in this state as in the jurisdiction in which is situated the court entering the judgment or making the order; and the courts of the committing state, or of the District of Columbia, shall be deemed to have retained jurisdiction of the person so committed for the purpose of inquiring into the mental condition of such person, and of determining the necessity for continuance of his restraint, as is provided in RSA 116:1 with respect to persons committed by the courts of this state. Consent is hereby given to the application of the law of the committing state or district in respect to the authority of the chief officer of any facility of the veterans administration, or of any such institution operated in this state by any other such agency of the United States to retain custody, or transfer, parole or discharge the committed person.

Source. 1949, 132:1, par. 2, eff. April 11, 1949.

Section 116:3

    116:3 Certification of Available Facilities. – Upon receipt of a certificate of the veterans administration or such other agency of the United States, as provided in RSA 116:1, the superintendent of the institution may cause the transfer of such person to the veterans administration or other agency of the United States for care or treatment. Upon effecting any such transfer, the committing court or other committing authority shall be notified thereof by the transferring agency. No person shall be transferred to the veterans administration or other agency of the United States if he be confined pursuant to conviction of any felony or misdemeanor or if he has been acquitted of the charge solely on the ground of insanity, unless prior to transfer the court or other authority originally committing such person shall enter an order for such transfer after appropriate motion and hearing.

Source. 1949, 132:1, par. 3, eff. April 11, 1949.

Section 116:4

    116:4 Transfer Deemed Commitment. – Any person transferred as provided in this chapter shall be deemed to be committed to the veterans administration or other such agency of the United States pursuant to the original commitment.

Source. 1949, 132:1, par. 4, eff. April 11, 1949.