Section He-M 528.07 - Revocation of Conditional Discharge(a) An executive director or designee of an area agency providing continuing treatment to a person conditionally discharged pursuant to He-M 528.03 shall, after the review conducted pursuant to He-M 528.07 (b) and (c) below, temporarily revoke a person's conditional discharge if it is determined that: (1) The person has violated a condition of the discharge; and(2) A condition or behavior exists as a result of which the person might pose a potentially serious likelihood of danger to others or a potentially serious threat of substantial damage to real property.(b) Before temporarily revoking a conditional discharge pursuant to He-M 528.07 (a), the area agency executive director or designee shall conduct a review of the acts, behavior, or condition of the person to determine if one of the criteria set forth in He-M 528.07 (a) is met.(c) Prior to the review, the person shall be given written and oral notice of the claim, and the specific reasons therefor, that a violation of a condition of the discharge has occurred or that a condition or behavior exists as a result of which the person might pose a potentially serious likelihood of danger to others or a potentially serious threat of substantial damage to real property.(d) If the person refuses to consent to the review authorized by He-M 528.07 (b), the executive director or other representative of the area agency may sign a complaint to compel review.(e) Upon issuance of a complaint pursuant to (d) above, any law enforcement officer shall be authorized and directed, pursuant to RSA 171-A:23, IV, to take custody of the person and immediately deliver him or her to the place for review specified in the complaint.(f) Following the review conducted pursuant to (b) above, the executive director shall: (1) Temporarily revoke the conditional discharge if he or she finds that a violation of a condition of the discharge has occurred or that a condition or behavior exists as a result of which the person might pose a potentially serious likelihood of danger to others or a potentially serious threat of substantial damage to real property;(2) Identify the DRF to which the person is to be delivered;(3) Inform the person in writing of the specific reasons for the revocation and the receiving facility to which the person is to be delivered;(4) Direct a law enforcement officer to take custody of the person and deliver the person to the identified receiving facility; and(5) Notify the DRF administrator immediately by telephone of the temporary revocation.(g) The law enforcement officer who takes custody of the person whose conditional discharge has been temporarily revoked shall, pursuant to RSA 171-A:23, IV, deliver the person, together with a copy of the notice of, and reasons for, the temporary revocation of the conditional discharge, to the DRF identified in accordance with (f) above.(h) Within 48 hours of the arrival at a DRF identified in accordance with (f) above of a person whose conditional discharge has been temporarily revoked, the area agency shall deliver or cause to be delivered to the DRF a copy of the court order of involuntary admission and a copy of the terms of the conditional discharge.(i) The administrator, or clinical director if designated by the administrator, of the DRF to which a person has been returned shall:(1) Review the reasons for temporary revocation of the conditional discharge with the individual; and(2) Revoke absolutely the conditional discharge if the temporary revocation documents that: a. The person has violated a condition of the discharge; orb. A condition or behavior exists as a result of which the person might pose a potentially serious likelihood of danger to others or a potentially serious threat of substantial damage to real property.(j) Within 72 hours, excluding holidays, of delivery of a person to a DRF pursuant to (g) above: (1) A review pursuant to (i) (1) above shall be completed; and(2) An administrator's decision pursuant to (i) (2) above shall be made.(k) The DRF administrator shall immediately provide written notice of the following to a person whose conditional discharge has been absolutely revoked: (1) The reason for the revocation; and(2) The person's right to appeal and right to legal counsel as set forth in He-M 528.08.(l) Immediately upon absolute revocation, the DRF shall notify the attorney designated by the department pursuant to He-M 528.08 (e) to provide counsel to the individual regarding his or her right to appeal and his or her right to be represented by an attorney.(m) The person whose conditional discharge has been absolutely revoked shall be admitted to the DRF identified in accordance with (f) above and be subject to the terms and conditions of the order of involuntary admission made pursuant to RSA 171-B:12 as if such conditional discharge had not been granted.(n) Following the revocation of a conditional discharge, the treatment team shall reconvene to consider revised terms or alternative supports, services, and treatment that might allow for a subsequent conditional discharge.(o) Following a review pursuant to (b) above, an examination and review pursuant to (i) (1) above, or an appeal pursuant to He-M 528.08, if it is determined that the conditions for temporary revocation of conditional discharge identified in (a) (2) or (i) (2) above do not apply, the person shall: (1) Promptly be returned by the DRF to the location where he or she was taken into custody; and(2) Be subject to the term and provisions of conditional discharge that were in effect prior to the temporary revocation of the conditional discharge.N.H. Admin. Code § He-M 528.07
#6215, eff 3-30-96, EXPIRED: 12-31-98
New. #7063, eff 7-24-99, EXPIRED: 7-24-07
New. #9061, eff 1-3-08
Amended by Volume XXXVI Number 01, Filed January 7, 2016, Proposed by #11009, Effective 1/3/2016, Expires 7/1/2016.Amended by Volume XXXVI Number 28, Filed July 14, 2016, Proposed by #11125, Effective 7/1/2016, Expires 7/1/2026.