New Hampshire Revised Statutes 135-C:62 – Custody and Transportation
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I. Except as provided in N.H. Rev. Stat. § 135-C:29, any law enforcement officer shall take custody of persons who are subject to proceedings for involuntary emergency admission; involuntary admission, or temporary revocation of a conditional discharge under N.H. Rev. Stat. Chapter 135-C in the following circumstances:
(a) Upon completion of an involuntary emergency admission certificate in accordance with N.H. Rev. Stat. § 135-C:28, I;
(b) Upon issuance by a justice of the peace of an order for a compulsory mental examination pursuant to N.H. Rev. Stat. § 135-C:28, II;
(c) Upon a finding of probable cause at an involuntary emergency admission hearing held pursuant to N.H. Rev. Stat. § 135-C:31;
(d) Upon issuance of an order for involuntary admission pursuant to N.H. Rev. Stat. § 135-C:45;
(e) Upon issuance of an order for an examination pursuant to N.H. Rev. Stat. § 135-C:51, II;
(f) Upon a determination by a psychiatrist at a county mental health program to revoke a conditional discharge temporarily pursuant to N.H. Rev. Stat. § 135-C:51, III; or
(g) As necessary to ensure the presence of the person at hearings or examinations conducted under this chapter, to effect a transfer between receiving facilities, or to carry out any other lawful order of a court.
II. A law enforcement officer shall also transport any persons taken into custody to the appropriate receiving facility, court, place of examination, or other location.
(a) Upon completion of an involuntary emergency admission certificate in accordance with N.H. Rev. Stat. § 135-C:28, I;
Terms Used In New Hampshire Revised Statutes 135-C:62
- Conditional discharge: means the release of an involuntarily admitted person from a receiving facility on the condition that the person accept treatment in the community or be subject to readmission. See New Hampshire Revised Statutes 135-C:2
- following: when used by way of reference to any section of these laws, shall mean the section next preceding or following that in which such reference is made, unless some other is expressly designated. See New Hampshire Revised Statutes 21:13
- justice: when applied to a magistrate, shall mean a justice of a municipal court, or a justice of the peace having jurisdiction over the subject-matter. See New Hampshire Revised Statutes 21:12
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Psychiatrist: means a physician licensed to practice in New Hampshire who is either board certified or board eligible according to the most recent regulations of the American Board of Psychiatry and Neurology, Inc. See New Hampshire Revised Statutes 135-C:2
- Receiving facility: means a treatment facility which is designated by the commissioner to accept for care, custody, and treatment persons involuntarily admitted to the state mental health services system. See New Hampshire Revised Statutes 135-C:2
(b) Upon issuance by a justice of the peace of an order for a compulsory mental examination pursuant to N.H. Rev. Stat. § 135-C:28, II;
(c) Upon a finding of probable cause at an involuntary emergency admission hearing held pursuant to N.H. Rev. Stat. § 135-C:31;
(d) Upon issuance of an order for involuntary admission pursuant to N.H. Rev. Stat. § 135-C:45;
(e) Upon issuance of an order for an examination pursuant to N.H. Rev. Stat. § 135-C:51, II;
(f) Upon a determination by a psychiatrist at a county mental health program to revoke a conditional discharge temporarily pursuant to N.H. Rev. Stat. § 135-C:51, III; or
(g) As necessary to ensure the presence of the person at hearings or examinations conducted under this chapter, to effect a transfer between receiving facilities, or to carry out any other lawful order of a court.
II. A law enforcement officer shall also transport any persons taken into custody to the appropriate receiving facility, court, place of examination, or other location.