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, without the need for restoration attempts. 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 to dismiss charges for defendants solely charged with violation or class B misdemeanor offenses, excluding those involving violence or specific serious misdemeanors.

Additionally, the bill outlines that motions to dismiss can be made by the prosecution, the defendant, or the court, with all dismissals being at the court's discretion and considering the best interests of the defendant, the public, and any alleged victims. 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 is indeterminable, affecting state and local judicial and correctional systems.

Statutes affected:
Introduced: 135:17-a