New HampshireNew Hampshire



Competency/ Insanity


Civil commitment for sex offenders found incompetent to stand trial – can be committed as sexually violent predator.If the person's incompetence substantially interferes with the person's ability to assist his or her counsel, the court shall not find the person committed the act or acts charged unless the court can conclude beyond a reasonable doubt that the acts occurred, and that the strength of the state's case, including physical evidence, eyewitness testimony, and corroborating evidence, is such that the person's limitations could not have had a substantial impact on the proceedings. If, after the conclusion of the hearing, the court finds, beyond a reasonable doubt, that the person did commit the act or acts charged, the court shall enter a final order. N.H. Rev. Stat. § 135-E:5

Juveniles must have a factual and rational understanding of the proceedings and be able to consult with their attorney. N.H. Rev. Stat. § 169-B:20



Special Rules

Juveniles with an intellectual disability cannot waive their right to an attorney. N.H. Rev. Stat. § 169-B:12 


Death Penalty