Bill Text: NH HB726 | 2019 | Regular Session | Amended
Bill Title: Establishing a secure forensic psychiatric hospital advisory council and establishing a new forensic psychiatric hospital and making an appropriation therefor.
Spectrum: Slight Partisan Bill (Democrat 7-4)
Status: (Engrossed - Dead) 2019-12-18 - To Be Inexpedient to Legislate, Senate Rule 3-23, Adjournment 09/25/2019; [HB726 Detail]
Download: New_Hampshire-2019-HB726-Amended.html
HB 726-FN - AS AMENDED BY THE HOUSE
27Feb2019... 0633h
2019 SESSION
19-0113
01/04
HOUSE BILL 726-FN
AN ACT establishing a secure forensic psychiatric hospital advisory council.
SPONSORS: Rep. Cushing, Rock. 21; Rep. P. Schmidt, Straf. 19; Rep. Rice, Hills. 37; Rep. Knirk, Carr. 3; Rep. Danielson, Hills. 7; Rep. Tanner, Sull. 9; Rep. Graham, Hills. 7; Rep. McMahon, Rock. 7; Sen. Hennessey, Dist 5; Sen. Sherman, Dist 24; Sen. Levesque, Dist 12
COMMITTEE: Criminal Justice and Public Safety
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AMENDED ANALYSIS
This bill establishes a secure forensic psychiatric hospital advisory council to assist the commissioner of the department of health and human services in the development of plans for and the construction of a new secure multi-purpose forensic psychiatric hospital. The council is repealed January 1, 2023.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
27Feb2019... 0633h 19-0113
01/04
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Nineteen
AN ACT establishing a secure forensic psychiatric hospital advisory council.
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Section; Secure Forensic Psychiatric Hospital Advisory Council. Amend RSA 622 by inserting after section 52 the following new section:
622:52-a Secure Forensic Psychiatric Hospital Advisory Council.
I. There is hereby established a secure forensic psychiatric hospital advisory council to assist the commissioner of the department of health and human services with the planning and construction of a new secure multi-purpose forensic psychiatric hospital to treat patients currently civilly committed to the secure psychiatric unit. The members of the advisory council shall be:
(a) Five members of the house of representatives, appointed by the speaker of the house of representatives.
(b) Two members of the senate, appointed by the senate president.
(c) The commissioner of the department of health and human services, or designee.
(d) The commissioner of the department of corrections, or designee.
(e) The director of medical and forensic services of the department of corrections, or designee.
(f) The chief operating officer of the New Hampshire hospital, or designee.
(g) One member representing New Hampshire Legal Assistance, appointed by that organization.
(h) One member of the American Civil Liberties Union of New Hampshire, appointed by that organization.
(i) A representative of the National Alliance on Mental Illness New Hampshire, appointed by such organization.
(j) A representative of the New Hampshire Psychiatric Society, appointed by the society.
(k) A representative of the New Hampshire Community Behavioral Health Association, appointed by such organization.
(l) A representative of Advocates for Ethical Mental Health Treatment, appointed by such organization.
(m) A representative of the Community Support Network, Inc, appointd by that organization.
(n) Two members of the public, one of whom shall be a family member of a person who was civilly committed to the secure psychiatric unit, appointed by the governor.
II. The advisory council shall assist the commissioner of the department of health and human services in the development of plans for and the construction of a new secure multi-purpose forensic psychiatric hospital for the purpose of providing treatment in an accredited institution for patients currently treated pursuant to the provisions of RSA 622:45.
III. Legislative members shall receive mileage at the legislative rate while attending to the duties of the advisory council.
IV. The members of the advisory council shall elect a chairperson from among the members. The first meeting of the commission shall be called by the first-named house member. The first meeting of the commission shall be held within 30 days of the effective date of this section. Nine members of the commission shall constitute a quorum.
V. The advisory council shall submit an annual report on November 1 of each year, commencing November 1, 2019, and a final report on November 1, 2022, detailing its activities and findings, together with any recommendations for proposed legislation, to the president of the senate, the speaker of the house of representatives, the chairpersons of the house criminal justice and public safety and the house health, human services, and elderly affairs committees, the chairperson of the senate judiciary committee, the chairperson of the senate health, human services, and elderly affairs committee, the state library, and the governor.
2 Repeal. RSA 622:52-a, relative to the secure forensic psychiatric hospital advisory council, is repealed.
I. Section 2 of this act shall take effect January 1, 2023.
II. The remainder of this act shall take effect upon its passage.
19-0113
Revised 2/7/19
HB 726-FN- FISCAL NOTE
AS INTRODUCED
AN ACT relative to the secure psychiatric unit and making an appropriation therefor.
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
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| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2020 | FY 2021 | FY 2022 | FY 2023 |
Appropriation | $1 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase | Indeterminable Increase |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
METHODOLOGY:
This bill amends statute to transfer and rename the Secure Psychiatric Unit (SPU) from the Department of Corrections to the Department of Health and Human Services and provides an appropriation in FY 2020 to the Department of Health and Human Services to oversee plans and construct a new forensic psychiatric hospital. The bill also establishes a forensic hospital advisory council to assist the DHHS Commissioner with development and construction of a secure multipurpose psychiatric hospital as well as submit required reports.
The Department of Corrections states it cannot estimate the fiscal impact to expenditures as the bill does not address individuals the Department would still be required to house in the SPU under RSA 623:1, which pertains to individuals transferred from other places of detention for the purpose of providing medical examinations or other treatment. The Department notes it will still need financial resources to construct a treatment facility that safely provides for treatment of adjudicated men and women who are a danger to themselves or others due to psychiatric illness if it retains responsibility for these individuals.
The Department of Health Human Services states there will be an indeterminable increase to expenditures, but it is unable to estimate costs without issuing a request for proposals.
The bill contains a general fund appropriation of $1 in FY 2020 for the purposes of the act.
AGENCIES CONTACTED:
Department of Corrections and Department of Health and Human Services
