New Hampshire Revised Statutes 651:8-b – Hospitalization; Persons Acquitted by Reason of Insanity
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I. If a person is found not guilty by reason of insanity at the time of the offense charged, he shall be committed to the secure psychiatric unit until such time as he is eligible for release pursuant to paragraph IV.
II. A hearing shall be conducted not later than 40 days following a verdict of not guilty by reason of insanity, at which the defendant shall be represented by counsel. The state and the defendant shall be offered the opportunity to present evidence and to cross-examine witnesses who appear at the hearing.
III. Prior to the date of the hearing pursuant to paragraph II, the court shall order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, with copies provided to the defendant and to the attorney for the state.
IV. If, after the hearing, the court finds by clear and convincing evidence that the acquitted person is presently suffering from a mental disease or defect as a result of which his or her release would create a substantial risk of bodily injury to himself or herself or another, or serious damage to the property of another, the court shall commit the person pursuant to the provisions of N.H. Rev. Stat. § 651:9-a and N.H. Rev. Stat. § 651:11-a. The court shall supply a copy of the report ordered pursuant to paragraph III to the secure psychiatric unit or other treatment facility in which the person is confined. The existence of clear and convincing evidence that a person’s release would create a substantial risk of bodily injury to himself or herself or another person or serious damage to the property of another shall be presumed, subject to rebuttal by the acquitted person, where the person has been found not guilty by reason of insanity of an offense involving bodily injury or serious damage to property of another, or substantial risk of such injury or damage.
II. A hearing shall be conducted not later than 40 days following a verdict of not guilty by reason of insanity, at which the defendant shall be represented by counsel. The state and the defendant shall be offered the opportunity to present evidence and to cross-examine witnesses who appear at the hearing.
Terms Used In New Hampshire Revised Statutes 651:8-b
- 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.
- 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
- person: may extend and be applied to bodies corporate and politic as well as to individuals. See New Hampshire Revised Statutes 21:9
- state: when applied to different parts of the United States, may extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall include said district and territories. See New Hampshire Revised Statutes 21:4
- Verdict: The decision of a petit jury or a judge.
III. Prior to the date of the hearing pursuant to paragraph II, the court shall order that a psychiatric or psychological examination of the defendant be conducted, and that a psychiatric or psychological report be filed with the court, with copies provided to the defendant and to the attorney for the state.
IV. If, after the hearing, the court finds by clear and convincing evidence that the acquitted person is presently suffering from a mental disease or defect as a result of which his or her release would create a substantial risk of bodily injury to himself or herself or another, or serious damage to the property of another, the court shall commit the person pursuant to the provisions of N.H. Rev. Stat. § 651:9-a and N.H. Rev. Stat. § 651:11-a. The court shall supply a copy of the report ordered pursuant to paragraph III to the secure psychiatric unit or other treatment facility in which the person is confined. The existence of clear and convincing evidence that a person’s release would create a substantial risk of bodily injury to himself or herself or another person or serious damage to the property of another shall be presumed, subject to rebuttal by the acquitted person, where the person has been found not guilty by reason of insanity of an offense involving bodily injury or serious damage to property of another, or substantial risk of such injury or damage.