New HampshireState must test help for defendants’ ability to stand trial if funded
Once funded, New Hampshire’s health department must run a two-year pilot in Merrimack or Strafford County to help defendants whose ability to stand trial is questioned.
What it does
Once enough money is available, the health department must run a two-year pilot in either Merrimack or Strafford County. Neutral liaisons would help defendants get evaluations and care.
Liaisons can seek records about a defendant’s ability to stand trial and share relevant ones with the court and both sides. Those records must stay confidential, with limited exceptions.
Argument forIf funded, help getting evaluations and care could allow more defendants to return to court and finish their cases.
Argument againstEven with privacy rules, sharing sensitive mental health records with lawyers and courts could worry defendants in the funded pilot.
More detail
The health department must run a two-year pilot with one or more neutral liaisons. The pilot covers criminal cases in Superior Court and district courts in one selected county, Merrimack or Strafford. The department need not start until it has enough funding. Liaisons avoid work already done by a case manager or provider. The department contracts for services to restore trial fitness when another payer does not cover them. The law took effect February 6, 2026. The pilot lasts two years once it starts.
Liaisons get relevant records and share them with both sides and the court to assess trial fitness. These rules cover defendants in the funded pilot. Defendants must authorize access to needed mental health records. Without it, either side may ask a court to order their release. Records stay private. If a person is found unable to stand trial, unlikely to regain that ability, and dangerous, the state may use the records to seek guardianship or involuntary care. A judge may unseal updates about treatment.
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Where it stands
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Feb 10Signed by Governor Kelly Ayotte Ayotte 02/06/2026; Chapter 1; eff. 02/06/2026Became Law
- Jan 27Enrolled (in recess of) 01/08/2026 HJ 3To Governor
- Jan 21Enrolled Adopted, VV, (In recess 01/07/2026); SJ 2Minor
- Jan 7Ought to Pass: MA, VV; OT3rdg; 01/07/2026; SJ 1Passed Senate
- 2025
- Nov 7Committee Report: Ought to Pass, 01/07/2026; Vote 5-0; CC; SC 46Minor
- May 22Rereferred to Committee, MA, VV; 05/22/2025; SJ 14Minor
- May 15Committee Report: Rereferred to Committee, 05/22/2025, Vote 3-0; SC 22
- May 12Hearing: 05/15/2025, Room 100, SH, 01:10 pm; SC 21
- Mar 11Introduced 03/06/2025 and Referred to Judiciary; SJ 7Minor
- Feb 13Ought to Pass with Amendment 2025-0061h: MA VV 02/13/2025 HJ 5 P. 11Passed House
- Feb 13Amendment # 2025-0061h: AA VV 02/13/2025 HJ 5 P. 11
- Feb 4Committee Report: Ought to Pass with Amendment # 2025-0061h 02/03/2025 (Vote 10-1; CC) HC 11 P. 7Minor
- Feb 4Executive Session: 01/29/2025 11:30 am LOB 206-208
- Jan 15Public Hearing: 01/29/2025 11:30 am LOB 206-208
- Jan 13Introduced (in recess of) 01/09/2025 and referred to Judiciary HJ 3 P. 12Introduced
Criminal JusticeMental Health