Rule 51 – Furnishing Information Regarding Competency and Sanity Evaluations

May 14, 2021 | Criminal Procedure, New Hampshire

(a)Information from the State. Within ten days after an order under RSA 135:17 for a competency or sanity evaluation of a defendant in a criminal proceeding, the State shall furnish a brief written statement of the factual background to the personnel performing the evaluation. The State shall also furnish a copy of the defendant’s criminal record as soon as reasonably possible.
(b)Information from the Defense. The defense may provide a brief written statement of the factual background to the personnel performing the evaluation.
(c) The parties may submit additional information to the personnel conducting the evaluation but are not required to do so in the absence of an order from the court.
(d) After a hearing, for good cause shown, and if not otherwise prohibited by court rules or law, the court may order disclosure of additional information necessary for the evaluation.
(e) All information provided pursuant to this rule is for the purpose of evaluating the sanity or competency of the defendant and may not be used for any other purpose without permission of the court. Documents which contain such information and which are in the court record shall be kept under seal from public view. Upon the motion of either party, or on its own motion, the court may enter additional protective orders regarding the information subject to this rule.

N.H. R. Crim. P. 51

Adopted effective January 1, 2016 in Strafford and Cheshire counties and July 1, 2016 in Belknap County.