Section 135-C:49 Discharge by Administrator. - New Hampshire Statutes

   I. When a person has been involuntarily admitted to a receiving facility pursuant to RSA 135-C:34-54, or conditionally discharged pursuant to paragraph IV of this section, the clinical staff of the receiving facility where the person has most recently received treatment may recommend to the administrator of the facility an absolute discharge for the person if the clinical staff determines that the person does not require the acute level of treatment available at the receiving facility.
   II. The administrator, with the consent of the chief administrator of the state mental health services system or designee, shall have discretion to grant the absolute discharge based on the recommendation of the clinical staff; provided, that the examination upon which the recommendation was made was conducted within 3 days of the absolute discharge order.
   III. The administrator shall, in writing, immediately notify the court entering the original order of commitment that the person has been given an absolute discharge prior to the expiration of the order of the commitment. Upon receipt of the notice, the court shall make the notice part of the person's file and shall enter the discharge and the date of discharge upon the docket.
   IV. The administrator of the facility may grant a person, whose condition is not considered appropriate for absolute discharge under paragraph I of this section, a conditional discharge.

Source. 1986, 212:1. 1995, 310:174. 1997, 316:1, eff. Aug. 20, 1997.