New Hampshire § 622-48 - Section 622:48 Discharge.

§ 622-48. Section 622:48 Discharge.

I. When a person committed or transferred to the unit no longer requires the security provided by the unit, the commissioner shall initiate his discharge as follows: (a) A person who was in pre-trial or post-trial confinement when admitted to the unit shall be returned to the sending facility or other appropriate facility; (b) The commissioner or designee may transfer to the state mental health services system, or the state developmental services system only if the person was admitted or transferred to the unit pursuant to RSA 171-B, any person admitted or transferred to the unit, pursuant to RSA 622:45, I, upon a determination that the person no longer presents a serious likelihood of danger to self or others if such person were to be confined within a receiving facility in the state mental health services system or the state developmental services delivery system. If the commissioner of health and human services objects to a proposed transfer, the commissioners may agree to have the disagreement resolved by a mutually acceptable third party, or if none is acceptable, by the attorney general. (c) The commissioner or designee may transfer to the state mental health services system any person committed to the unit under RSA 651:9-a upon a determination by a physician that the person presents a potentially serious likelihood of danger to self or others as a result of mental illness, but the person no longer requires the degree of safety and security provided by the unit. No transfer may occur under this subparagraph without the prior approval of the commissioner of the department of health and human services and administrative due process pursuant to rules adopted by the commissioner under RSA 541-A. If the commissioner of health and human services objects to a proposed transfer, the commissioners may agree to have the disagreement resolved by a mutually acceptable third party. No transfer may occur under this subparagraph without the prior approval of the superior court. Any person transferred under this subparagraph shall, for purposes of treatment, be under the care and custody of the commissioner of health and human services but shall for all other purposes, including, but not limited to, discharge, granting of privileges, parole, and recommittal, remain under the jurisdiction of the commissioner of the department of corrections and the superior court. (d) When a person is transferred to another facility pursuant to subparagraphs (b) or (c), the commissioner or designee shall provide notice to the attorney general in accordance with RSA 135:17-b. II. Any person who was committed or transferred to the unit may participate in prison pre-release programs if the commissioner deems it appropriate. However, persons who object and who do not have a state prison sentence shall not be placed in state prison programs. III. Any person committed to the unit by criminal proceedings may be discharged by a justice of the superior court under RSA 622:51 whenever further detention at the unit is unnecessary, but any person so discharged who was under sentence of imprisonment at the time of his commitment, the period of which has not expired, shall be remanded to prison.