This bill modifies criteria for committal order durations and clarifies that the commissioner for the department of health and human services authorizes persons transferred to state hospitals. The bill allows for the transfer of individuals committed to the secure psychiatric unit of the state prison to the state mental health services system if a physician determines that the person presents a potentially serious likelihood of danger to self or others as a result of mental illness, but no longer requires the degree of safety and security provided by the unit. The transfer must have the prior approval of the commissioner of the department of health and human services and the superior court. The person transferred will be under the care and custody of the commissioner of the department of health and human services for treatment purposes, but for all other purposes, including discharge, will remain under the jurisdiction of the commissioner of the department of corrections and the superior court.

The bill also amends the duration of committal orders for individuals found not guilty by reason of insanity. It specifies that the person must continue to suffer significant impairment due to psychiatric illness or a substantially similar mental condition as existed at the time they committed the act or acts which constituted the crime. Additionally, the bill grants the commissioner of the department of health and human services or designee the authority to make decisions regarding privileges, supervision status changes, assessing readiness for discharge, and recommendations for discharge to the superior court based on clinical grounds for persons committed or transferred to the state hospital.

Statutes affected:
Introduced: 622:48, 651:11-a, 651:11-b