This bill establishes a study committee tasked with exploring the restoration of competency for criminal defendants in New Hampshire, requiring it to submit additional legislative proposals by July 1, 2025. The bill highlights a significant increase in competency evaluations, with a 75% rise in competency orders since 2015, and points out the absence of a formal system for treating individuals deemed incompetent to stand trial. To address these issues, the bill proposes a two-year pilot program under the Department of Health and Human Services (DHHS) to create forensic liaison positions that will assist in competency proceedings, facilitate evaluations, and provide updates to the court on defendants' progress.
The new legal language introduced in the bill outlines the responsibilities of the forensic liaisons, including maintaining confidentiality, sharing information with the court, and reporting on the program's effectiveness. However, the bill does not allocate funding or authorize new positions at this time, and its implementation is contingent upon adequate funding. The fiscal impact is significant, with estimated costs for staffing alone potentially exceeding $600,000 in the first two years, alongside additional administrative expenses. Overall, while the bill aims to fill a critical gap in the state's criminal justice system regarding defendant competency, it raises concerns about the financial and logistical feasibility of the proposed pilot program.