Bill Text: NH SB128 | 2023 | Regular Session | Amended
Bill Title: Relative to payment for legal services for persons involuntarily admitted for mental health services.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Engrossed - Dead) 2023-06-01 - Retained in Committee [SB128 Detail]
Download: New_Hampshire-2023-SB128-Amended.html
SB 128-FN - AS AMENDED BY THE SENATE
02/09/2023 0423s
2023 SESSION
23-0894
04/05
SENATE BILL 128-FN
SPONSORS: Sen. Abbas, Dist 22; Sen. Gannon, Dist 23; Rep. Roy, Rock. 31; Rep. Rhodes, Ches. 17
COMMITTEE: Judiciary
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ANALYSIS
This bill provides that legal services for individuals involuntarily committed for mental health services shall be paid from the indigent defense fund.
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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Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
02/09/2023 0423s 23-0894
04/05
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Twenty Three
Be it Enacted by the Senate and House of Representatives in General Court convened:
1 New Hampshire Mental Health Services; Involuntary Admissions; Payment for Legal Services. Amend RSA 135-C:23 to read as follows:
135-C:23 Legal Services; Payment; Appointment. [The client or person sought to be admitted shall pay the costs of the legal services in connection with hearings held under this chapter.] If the client or person sought to be admitted does not have legal [is unable to pay for] counsel in connection with hearings held under this chapter, the court shall appoint [either a member of New Hampshire Legal Assistance, or its successor organization, or another] an attorney who shall be compensated at a rate as determined by the supreme court. The cost of such court-appointed attorneys, including counsel and investigative, expert, or other services and expenses approved by the circuit court that are necessary to provide adequate representation, shall be paid from funds appropriated for indigent defense pursuant to RSA 604-A.
2 Effective Date. This act shall take effect 60 days after its passage.
23-0894
1/13/23
SB 128-FN- FISCAL NOTE
AS INTRODUCED
FISCAL IMPACT: [ X ] State [ ] County [ ] Local [ ] None
|
| |||
| Estimated Increase / (Decrease) | |||
STATE: | FY 2023 | FY 2024 | FY 2025 | FY 2026 |
Appropriation | $0 | $0 | $0 | $0 |
Revenue | $0 | $0 | $0 | $0 |
Expenditures | $0 | $199,400+ | $199,400+ | $199,400+ |
Funding Source: | [ X ] General [ ] Education [ ] Highway [ ] Other | |||
The Department of Health and Human Services was contacted for a fiscal note worksheet on January 4, 2023, which they have not provided as of Janaury 13, 2023.
METHODOLOGY:
This bill provides that in involuntary admissions cases brought under RSA 135-C, the cost of court-appointed attorneys and related services shall be paid from the indigent defense fund. The Judicial Council states that it does not currently pay for attorneys in such cases, so these costs would be a new expense. The Council further states that over the past ten years, an average of 1,994 emergency admissions cases have been filed per year. At $100 per case, the Council therefore expects annual costs of $199,400, plus indeterminable administrative costs.
AGENCIES CONTACTED:
Judicial Council and Department of Health and Human Services
