This bill proposes changes to the competency restoration process in New Hampshire, specifically allowing for the dismissal of certain class B misdemeanor and violation-level offenses when a defendant is found not competent to stand trial. The bill amends RSA 135:17-a to state that if a court determines a defendant is not competent, it must order treatment for restoration unless it finds, by clear and convincing evidence, that there is no reasonable likelihood of restoration within 12 months or chooses to dismiss the case. The new language allows the court to exercise discretion in dismissing cases involving non-violent class B misdemeanors and violations, provided the defendant is not charged with specific violent offenses.

Additionally, the bill introduces a new section (I-a) that outlines the process for dismissing charges when a defendant is found not competent and is charged solely with non-violent offenses. It allows for motions to dismiss to be made by the prosecution, the defendant, or the court, with all dismissals being at the court's discretion. If charges are dismissed, the issue of the defendant's dangerousness may be raised, potentially leading to an evaluation for involuntary treatment. The act is set to take effect on January 1, 2026, and its fiscal impact on state and local governments is currently indeterminable.

Statutes affected:
Introduced: 135:17-a