New Hampshire Administrative Code

(a) SPU patients and persons under departmental control shall be those who are so classified pursuant to RSA 622:40-48, RSA 171-B:2, RSA 135:17-a, I & II, RSA 135-C:34, RSA 651:8-b, RSA 651:9-a, RSA 651:11-a, RSA 623:1, or RSA 135-E:4& RSA 135-E:11 and are committed or transferre…

Notwithstanding the provisions of RSA 329:26, RSA 329-B, and RSA 330-A:32, medical and mental health records concerning current persons under departmental control and patients of the secure psychiatric unit shall be exchanged between other state medical and mental health faciliti…

Any person admitted or transferred to the unit shall be under the care and custody of the commissioner and the administrative director of medical and forensic services and shall be subject to the rules and policies of the commissioner until the person is transferred to a receivin…

Persons committed or transferred to the unit who are convicted offenders, persons found not guilty because of insanity, pre-trial detainees, or persons civilly committed, shall retain all their individual rights, subject to those restrictions that are inherent with confinement wi…

(a) All persons committed or transferred to the unit pursuant to RSA 171-B:2, RSA 135:17-a, RSA 135-C:34, RSA 135-E:4, RSA 135-E:11, RSA 623:1, RSA 651:8-b, RSA 651:9-a, RSA 651:11, or RSA 651:11-a, as lawfully ordered by the court of competent jurisdiction or the commissioner, s…

(a) Upon admission to the SPU, each person in departmental custody and patient shall receive: (1) A psychiatric examination to be completed by the psychiatrist or APRN; (2) A preliminary treatment plan, resulting from the completion of the above documents by the psychiatrist or A…

(a) Each person under departmental control admitted to the SPU shall have an individualized treatment plan which shall be formulated by a multi-disciplinary treatment team and authorized by a psychiatrist or APRN. (b) The preliminary individualized treatment plan shall be complet…

(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) A person who was in pre-trial or post-trial confinement when admitted to the unit shall be r…

The purpose of this rule is to establish the procedure through which the public, resident family and friends, clergy, official government and social services representatives, and legal counsel may access the grounds or visit residents confined within New Hampshire department of c…

This rule shall apply to all residents, the public, any prospective visitors, and all departmental staff. Notes N.H. Admin. Code § Cor 305.02 (See Revision Note at chapter heading for Cor 300) #7448, eff 2-6-01; ss by #9383, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9508, eff …

(a) "C1" means a resident living in a transitional housing unit. (b) "C2" means a resident living at the transitional work center. (c) "C3" means a resident living in the general population section of a prison facility. (d) "C4" means a resident living in the close custody unit. …

(a) All visitors who visit, or go on, or cross the grounds of a facility or area under the control of the NHDOC shall be subject to the rules established in Cor 305. Failure to follow such rules shall subject the visitor to removal from the grounds, arrest, or prosecution. (b) Ev…

(a) Any person who seeks access to departmental facilities for the purpose of gathering information or data shall submit in writing a request for access to a specific NHDOC facility to the commissioner of corrections or his or her designee. (b) Written requests for access shall c…

(a) Individuals or groups seeking access to the grounds, lands, or parking areas of any state correctional facility or transitional housing unit operated by the NHDOC shall require written authorization issued by the commissioner or his or her designee. (b) Written requests for a…

(a) For residents seeking access to visitation, a corrections counselor/case manager (CC/CM) shall review each resident's NHDOC Electronic Client Record (ECR) and documents within the Electronic Data Storage Area (EDSA) to determine if the resident has a history of violent or sex…

(a) A visitation schedule shall be established for each NHDOC facility. (b) Visiting schedules shall be available on the NHDOC web site, or shall be obtained through the visitation control rooms. Additionally, schedules shall be posted electronically, or within each housing unit …

(a) Contact visits, meaning that residents and visitors are seated across from each other, or next to each other, shall be conducted as follows: (1) Seating arrangements shall be directed by visit room staff at the time of the visit; and (2) Factors affecting the determination of…

(a) Space shall be set aside for attorney visits that shall provide privacy when attorney-client confidentially is required. (b) All attorneys visiting a resident shall be subject to the visitor approval process pursuant to Cor 305.11, Cor 305.12, Cor 305.13, and Cor 305.14. (c) …

(a) The chief administrator of each facility shall assure that a list of individuals approved to visit each resident is maintained within the resident's ECR. (b) Prospective visitors shall complete and submit a "Visitor Registration Form" pursuant to Cor 305.15. (c) Additionally,…

(a) For prospective visitors whose "Prospective Visitor Consent For Background Check Form" as described within Cor 305.15 reveals an individual to have a criminal record shall not be eligible to attend visits as follows: (1) Prospective visitors with criminal records involving fe…

(a) Each prospective visitor shall complete and submit a "Visitor Registration Form" to be considered for eligibility for access to a correctional facility for the purpose of visiting a resident. (b) The prospective visitor shall supply on the "Visitor Registration Form" the foll…

(a) Any individual visiting a facility in the capacity of an official business visit as described within Cor 305.11 shall complete and submit the "Official business visitor Registration Form". (b) All official business visitors shall supply on the "Official business visitor Regis…

(a) A prospective visitor of a resident shall supply on the "Prospective Visitor Consent For Background Check Form" the following information: (1) The name of the resident to be visited; (2) The resident's identification number; (3) His or her first name, last name, and middle in…

(a) Residents identified as requiring chaperoned visitation with minor children shall not be authorized to visit with minor children unless the adult accompanying a minor child has successfully completed the NHDOC chaperone safeguard training program. (b) To qualify for chaperone…

(a) Children under 18 shall not be permitted to visit unless accompanied by an adult who shall be a family member, guardian, or other person designated as the responsible adult on a "Permission for Minor Children to Visit a Resident of the NHDOC Form". (b) The parent, guardian or…

(a) In accordance with RSA 132:10-d, a woman shall be allowed to breastfeed her child on state correctional facility property, provided the woman and the child are authorized to be on state correctional facility property. (b) Breastfeeding shall be authorized in NHDOC visiting ro…

(a) All visits shall be conducted within the visit room at the facility in which the resident resides. (b) Each facility shall post a visitation schedule, which shall be accessible to the public and residents. (c) Visit schedules shall be subject to change without warning. (d) Vi…

(a) Each visitor shall obey the orders and instructions furnished by the facility staff. Failure to do so shall result in termination of the visit and possible debarment pursuant to Cor 305.25. (b) Each visitor shall conform to all rules pertaining to visitation within NHDOC faci…

(a) Individuals on prison grounds wearing religious headwear shall allow an officer to perform a security screening of the individual and their headwear and/or facial covering as follows: (1) For routine security screening and identification purposes, a visitor shall be required …

(a) A visitor who is otherwise allowed to visit, and who has a disability, and is using a service animal to perform work or tasks related to the visitor's disability shall be allowed to bring the service animal while on the visit. Access shall be granted provided performance of t…

(a) Individuals attending visits with a service animal shall be required to complete and submit an "Acknowledgement for Visitors with Service Animals Form". (b) Forms shall be completed and submitted prior to a service animal being granted access to a NHDOC facility. (c) A prospe…

(a) In addition to the following, all rules established within Cor 305 shall apply at all facilities within the division of community corrections. (b) Transitional Work Center (TWC) and Transitional Housing Unit (THU) residents shall be authorized to have visits with approved vis…

Visitors or others who fail to follow the rules pertaining to NHDOC facilities or areas shall be barred from re-entry thereon by the commissioner, or person in charge of the facility or their agent, by notifying them in person or in writing of the debarment, the reasons therefore…

Persons desiring to re-enter NHDOC facilities, once being removed or debarred, shall not re-enter said facilities without requesting of the commissioner of corrections or the commissioner's designee to have the person's visiting privileges restored. The commissioner or designee s…

(a) Items identified as contraband shall fall into 2 general categories: (1) Items not allowed anywhere on departmental property; and (2) Items not allowed inside departmental facilities that must be secured either in a visitor's vehicle or within a locker available in a visitor …

The possession, transport, introduction, use, sale or storage of contraband on departmental property shall be prohibited under the provisions of RSA 622:24 and RSA 622:25. Notes N.H. Admin. Code § Cor 306.02 (See Revision Note at chapter heading for Cor 300) #7448, eff 2-6-01; ss…

(a) Any person or possessions on departmental property shall be subject to search to discover contraband. Searches shall be necessary to prevent the introduction of contraband into the facilities by persons under departmental control and to prevent escapes, violence, and situatio…

(a) Material the confidentiality of which is protected by attorney-client privilege shall be, nevertheless, subject to some inspection, as outlined below, to ensure the absence of contraband. The interest of persons under departmental control and patients of the SPU and attorneys…

The work release program shall provide a structured community-based opportunity for eligible persons under departmental control to reintegrate into the community by obtaining employment and other approved rehabilitative activity while residing in a departmental transitional housi…

The program shall provide guidance and jurisdiction over the persons under departmental control while assisting them in completion of their program. Persons under departmental control in the program shall be assigned to a departmental transitional housing unit, taking into consid…

(a) Persons under departmental control eligible for entry into the work release program shall include those who meet the following criteria: (1) The person under departmental control shall be within 12 months of parole if serving on the last sentence; (2) If detainers or warrants…

(a) Parolees shall be eligible to participate in the program under such conditions as the adult parole board shall prescribe for them. (b) Persons under departmental control committed or transferred to the secure psychiatric unit shall be eligible to participate in departmental w…

Persons under department control at transitional housing units shall follow the rules and instructions provided by the staff. Any failure to follow rules and orders shall result in the person under departmental control being removed from the program. Notes N.H. Admin. Code § Cor …

(a) Each person under departmental control at a transitional housing unit shall have a limit placed on the amount of money at his or her disposal, limited as follows: (1) Phase 1 $20.00 per week; (2) Phase 2 $40.00 per week; (3) Phase 3 $50.00 per week; and (4) Phase 4 $60.00 per…

(a) Upon application, and with a concurring recommendation from the person under departmental control's case manager, and the program manager of the transitional housing unit absences shall be approved from the unit for any person under departmental control who meets the followin…

(a) Work release status shall not be considered a right, but shall be a privilege. Any person under departmental control shall be removed from the program at any time by the commissioner or the chief administrator of the facility if either believes or has reason to believe the pe…

(a) Under the provisions of RSA 651:2, V (b) a court may order that, as a condition of probation, a person be confined to his or her place of residence for not more than one year in the case of a misdemeanor or more than 5 years in the case of a felony. (b) Home confinement shall…