1. (a) When a person committed or transferred to the unit no longer requires the security provided by the SPU, the commissioner shall initiate his or her release or transfer, as follows:

   1. (1) 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; or
   2. (2) The commissioner or his designee shall transfer to the state mental health services system 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 himself or others if confined within a receiving facility in the state mental health services system.

2. (b) A patient of the SPU pursuant to RSA 651:9-a shall be eligible for transfer by the commissioner to the state mental health services system provided:

   1. (1) That in consultation with the resident’s treatment team, a psychiatrist or APRN determines that the person presents a potentially serious likelihood of danger to himself, herself, or others as a result of behavioral illness but that the resident no longer requires the degree of safety and security as provided by the SPU;
   2. (2) That prior approval of the proposed transfer is obtained from the superior court if the transfer is not already allowed in an existing court order; or
   3. (3) The resident to be so transferred agrees to the proposed transfer.
3. (c) If the resident does not desire to be transferred, a review shall be held by a designee of the commissioner to ascertain the reasons why the transfer is recommended and the resident’s reasons for objecting. The designee shall recommend to the commissioner or designee whether the resident should be transferred and the circumstances relative to the data presented at the review.
4. (d) The director of medical and forensic services shall have complete access to the departmental medical and behavioral health records of the proposed transferee.
5. (e) Pursuant to RSA 622:49, if the director of medical and forensic services intends to grant off-grounds privileges to any person committed to the unit by criminal proceedings and who has subsequently transferred to the state mental health services system, the administrative director of medical and forensic services shall give written notice of such intention to the commissioner. The commissioner shall give written notice of the director of medical and forensic services’ intention to the superior court for the county in which the resident was committed, to the department of justice, and to the county attorney, if any, who prosecuted the case.

Source. (See Revision Note at chapter heading for Cor 500) #12793, eff 5-25-19