New Hampshire Revised Statutes 135:17-c – Information Related to Competency Determinations
Current as of: 2023 | Check for updates
|
Other versions
All evaluation reports, recommendations, medical records, or other documents related to the court’s determinations under N.H. Rev. Stat. § 135:17-a, I, II, and III shall be kept separately from the public court file and shall not be disclosed except as follows:
I. The court may order release with the written consent of the parties.
II. The competency report may be provided to the receiving facility or the secure psychiatric unit pursuant to N.H. Rev. Stat. § 135:17-a, VII.
III. In any case in which the court finds that the defendant is not competent to stand trial pursuant to N.H. Rev. Stat. § 135:17-a, I, or has not been restored to competency pursuant to N.H. Rev. Stat. § 135:17-a, IV, the court shall make written findings which describe the evidence which was relied upon to make its determination. Such written findings shall be part of the public court file. The prosecutor shall provide a copy of the written findings to the victim, as defined in N.H. Rev. Stat. § 21-M:8-k.
I. The court may order release with the written consent of the parties.
Terms Used In New Hampshire Revised Statutes 135:17-c
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
II. The competency report may be provided to the receiving facility or the secure psychiatric unit pursuant to N.H. Rev. Stat. § 135:17-a, VII.
III. In any case in which the court finds that the defendant is not competent to stand trial pursuant to N.H. Rev. Stat. § 135:17-a, I, or has not been restored to competency pursuant to N.H. Rev. Stat. § 135:17-a, IV, the court shall make written findings which describe the evidence which was relied upon to make its determination. Such written findings shall be part of the public court file. The prosecutor shall provide a copy of the written findings to the victim, as defined in N.H. Rev. Stat. § 21-M:8-k.