New Hampshire Code of Administrative Rules
He - Department of Health and Human Services
Subtitle He-M - Former Division of Mental Health and Developmental Services
Chapter He-M 500 - DEVELOPMENTAL SERVICES
Part He-M 527 - ADMISSION TO AND DISCHARGE FROM A DEVELOPMENTAL SERVICES DESIGNATED RECEIVING FACILITY
Section He-M 527.03 - Admission to a DRF

(1) The person has been charged with a felony involving serious bodily injury or the use of a deadly weapon, or with aggravated felonious sexual assault other than pursuant to RSA 632-A:2, I(h), or with felonious sexual assault, or with arson pursuant to RSA 634:1, II or III;

(2) A district court, superior court, or grand jury has found that probable cause exists that the person committed a felony as set forth in (1) above;

(3) The person is determined to be not competent to stand trial;

(4) The person has an intellectual disability, as defined in the most current edition of the Diagnostic Manual-Intellectual Disability developed by the National Association for the Dually Diagnosed in association with the American Psychiatric Association; and

(5) The person has a condition or behavior as a result of which the person poses a potentially serious likelihood of danger to others or a potentially serious threat of engaging in acts which would constitute arson as evidenced by a specific act or actions which may include such act or actions giving rise to the felony charge according to RSA 171-B:2, I.

(1) The person receives services through an area agency;

(2) The person or his or her guardian has provided a written document agreeing to the person's placement at the DRF;

(3) The DRF has the capacity to meet the person's needs; and

(4) The DRF is the least restrictive, most appropriate setting to meet the person's needs and the placement has been approved by the individual's area agency human rights committee.