This bill modifies the existing procedures for pre-trial competency evaluations of defendants. It expands the options for where and how these evaluations can be conducted, allowing for examinations at any suitable location and permitting the use of electronic means, such as video conferencing. However, if either the prosecutor or defense counsel objects to an electronic evaluation within 10 days of its scheduling, an in-person examination must be arranged instead. The bill also sets time frames for when these evaluations should be completed: within 45 days for incarcerated individuals at a county correctional facility and within 90 days for non-incarcerated individuals or those held at the New Hampshire state prison. Additionally, the bill specifies that a "qualified" psychiatrist or psychologist is one who is board-eligible or board-certified in forensic psychiatry or psychology, or has demonstrated competence and experience in court-ordered forensic criminal evaluations, including licensed out-of-state practitioners.

The bill further outlines procedures for cases where evaluations are delayed, including monthly bail status reviews for incarcerated individuals and status conferences every 30 days for non-incarcerated individuals if evaluations are not completed within 90 days. It mandates that medical, mental health, and educational records from the last three years be provided to the forensic examiner, with older records available as necessary, and restricts the release of these records without a judicial order. The bill also addresses the consequences of a defendant's failure to appear for an evaluation or to provide requested records, which may lead to an extension of the evaluation period and potential contempt of court charges. Lastly, the bill provides a mechanism for the court to dismiss charges without prejudice if it is agreed that the defendant is not competent and not restorable to competency. The act is set to take effect on January 1, 2025.

Statutes affected:
Introduced: 135:17
As Amended by the Senate: 135:17
Version adopted by both bodies: 135:17
CHAPTERED FINAL VERSION: 135:17