§ 172:13 — Acceptance and Admissions

New Hampshire § 172:13

• Jurisdiction: New Hampshire
• Title XII: PUBLIC SAFETY AND WELFARE
• Ch. 172: NEW HAMPSHIRE SUBSTANCE USE DISORDER SERVICES SYSTEM

Text

I. Any resident of the state, or the parent, person in loco parentis, or the legal guardian of a resident under 18 years of age or mentally incompetent, may apply to the commissioner for voluntary admission of such resident for care, treatment and guidance. The commissioner may adopt such rules regarding the admission, care and treatment of voluntary patients as he deems best. The rules of the commissioner in regard to voluntary clients shall be printed and made available to the public. No voluntary client shall, by asking the help or care of the commissioner, abridge any of his civil rights nor shall evidence of his voluntary submission to the commissioner's care and control be admissible against him in any court. All records pertaining to voluntary clients shall be kept confidential and not divulged, except that the commissioner may release such records to hospitals, institutions and physicians whenever in his discretion such information may assist in further treatment of the voluntary client.
II. When a person is indicted for any felony or is awaiting the action of the grand jury on any felony, or is charged with a misdemeanor, and question as to the drug or alcohol dependency of the person is raised by either party, any justice of the superior or circuit court having jurisdiction over the matter may, after hearing, order such person to be examined in accordance with the instructions of the commissioner to determine whether said person is drug or alcohol dependent. The commissioner shall report the results of the examination and his findings to the court in writing.
III. If a person examined pursuant to the provisions of paragraph II is found to be drug or alcohol dependent, the superior court having jurisdiction over the criminal action may, after hearing, without regard to the result of the criminal action, issue an order requiring the person to accept treatment at a certified substance abuse treatment facility when an opening becomes available. During treatment no further action shall be taken in respect to the original charges made against such a person unless otherwise ordered by the court. The court may release the person conditionally for treatment at any alcohol-drug abuse clinic, certified facility, mental health clinic or center or other appropriate sources of care.
IV. Nothing in this section shall prevent the court from placing a person convicted of a violation of RSA 318-B on probation conditioned upon the requirement that the person receive treatment at a treatment facility such as a certified substance abuse facility or other alcohol-drug abuse clinic, mental health clinic or center, or other appropriate sources of care.
V-VIII. [Repealed.]

Legislative History

1947, 254:10. 1949, 313:1, par. 12. 1950, 5, part 19:9. 1953, 207:1. RSA 172:13. 1967, 229:1. 1969, 501:6. 1973, 72:11. 1979, 378:23, 41. 1985, 337:13. 1988, 89:19; 242:6, 7, 10, V, eff. June 29, 1988. 2015, 249:5, eff. Jan. 1, 2016, July 1, 2016 and Oct. 1, 2017.