New Hampshire Administrative Code

The purpose of this rule is to establish an administrative procedure, through which a resident shall have a method to request a formal review of any issue related to any aspect of his or her confinement. Notes N.H. Admin. Code § Cor 313.01 Derived from Volume XXXIX Number 24, Fil…

(a) "Electronic request" means an electronic communications method used by residents to communicate with employees of the department of corrections. (b) "Formal complaint" means a documented complaint utilizing the electronic request or request slip form of communication. (c) "Gr…

(a) A resident shall attempt informal resolution before filing a grievance under this section. (b) A grievance shall be written by a resident on their own behalf and contain complaints such as, but not limited to:(1) Discipline imposed under the disciplinary system; (2) Allegatio…

(a) Residents initiating formal complaints shall utilize the electronic request process or a "Request Slip" form pursuant to Cor 312. (b) Formal complaints shall be limited to one subject per complaint. (c) All formal complaints shall be transmitted without alteration, interferen…

(a) All grievances shall be transmitted without alteration, interference, or delay. (b) Except as noted in Cor 313.04(j), a Level I grievance shall not be accepted unless it demonstrates that the formal complaint process has been utilized and exhausted. (c) Grievances shall be fi…

(a) All grievances shall be transmitted without alteration, interference, or delay. (b) Except as noted in Cor 313.05(n), a Level II grievance shall not be accepted unless it demonstrates that the Level I Grievance process has been utilized and exhausted. (c) Level II grievances …

The purpose of this part is to establish departmental rules for incoming and outgoing correspondence, publications, and packages. Notes N.H. Admin. Code § Cor 314.01 Derived from Volume XLI Number 6, Filed February 11, 2021, Proposed by #13154, Effective 1/5/2021, Expires 1/5/203…

This part shall be applicable to all NHDOC staff, residents, and the public. Notes N.H. Admin. Code § Cor 314.02 Derived from Volume XLI Number 6, Filed February 11, 2021, Proposed by #13154, Effective 1/5/2021, Expires 1/5/2031.

(a) "Commissary" means a place where residents can purchase clothing, food and sundries; the term also includes canteen. (b) "Cash withdrawal slip" means a form used for residents to draw funds from their resident account in order to purchase items or pay bills. (c) "Electronic m…

(a) The NHDOC shall allow residents to send and receive correspondence, publications, and packages through the United States Postal Service, contracted vendor, or regulated parcel carriers, according to all applicable laws and regulations. (b) Members of the public who choose to …

(a) Incoming correspondence shall be written in black or blue ink pen, or pencil. (b) Incoming correspondence containing any of the following, but not limited to, shall be prohibited: (1) Marker; (2) Crayon; (3) Colored pencil; (4) Glitter; (5) Chalk; (6) Lipstick; (7) Sticker(s)…

(a) When the cost is borne by the resident, there shall be no limit on the volume of letters a resident may send or receive. (b) Incoming resident mail shall be limited to 10 pages in length per letter. (c) Packages shall be limited to 15 pounds. (d) Bulk mail that advertises or …

(a) All incoming and outgoing mail shall be subject to being opened, copied and read except for privileged correspondence and legal mail pursuant to Cor 314.15 and Cor 314.16. (b) No correspondence shall be accepted with any type of binding attached to the pages of the documents.…

(a) All incoming and outgoing electronic messages shall be subject to monitoring and inspection prior to delivery. (b) Incoming or outgoing messages that are in violation of this rule shall be rejected unless the message is potentially criminal in nature in which case the message…

(a) Incoming or outgoing resident mail, electronic messages, magazines, books, or packages that meet any of the following criteria shall be withheld: (1) Descriptions or depictions of procedures for the construction or use of weapons, ammunition, bombs, incendiary devices, or oth…

(a) Material that will become part of an official investigation shall be retained as evidence. Both the sender and the intended recipient shall be notified by investigations bureau staff within 10 working days that the material is being held as evidence, unless making the notific…

(a) All privileged mail shall be completely confidential and shall be clearly marked "Privileged" on the address side of the envelope. (b) Outgoing privileged mail shall be handled without interference, inspection, reading, or opening. (c) Privileged mail or correspondence shall …

(a) Correspondence between a resident and his or her attorney(s) shall be opened in the presence of the resident to ensure the authenticity of the correspondence and to check for contraband. (b) The phrase "Legal Mail" shall be written on the address side of the envelope in order…

(a) All incoming mail shall have the resident's full name and ID number as part of the mailing address. Mail received without the ID number shall be returned to sender as having insufficient address. (b) Items which residents are not authorized to have in their possession, or ite…

(a) If a resident or correspondent believes that the NHDOC improperly rejected mail, packages, books or periodicals he or she may appeal to the warden or director in writing within 10 days of the date they were sent notice of the decision. Notes N.H. Admin. Code § Cor 314.14 Deri…

The purpose of this chapter is to provide rules that establish the general framework for an objective corrections classification system. The day-to-day internal practices and procedures of the classification system are contained in the classification handbook. Notes N.H. Admin. C…

These classification rules shall apply to all department of corrections staff and all residents, probationers and parolees. Notes N.H. Admin. Code § Cor 401.02 #7449, eff 2-6-01; ss by #9384, INTERIM, eff 2-3-09, EXPIRES: 8-3-09; ss by #9509, eff 7-8-09 Amended by Volume XXXVII N…

(a) "Administrative Home Confinement (AHC)" means an electronic monitoring program for eligible residents which is designed to provide a moderate to high level of supervision to those individuals granted access to the program and ensure program compliance is adhered to. (b) "Beha…

(a) The objective corrections classification system utilized by the department shall be based upon a nationally recognized model. (b) The model shall systematically identify the following 8 security program, and treatment needs of residents and match them with the department's fa…

(a) There shall be classification staff at every facility. (b) The classification staff shall: (1) Conduct quarantine interviews and provisionally assign residents to a housing unit for the remainder of the diagnostic period; (2) Make recommendations to the administrator of class…

(a) Intake housing assignments shall be in a facilities reception and diagnostic unit unless the resident: (1) Has a documented history of assaulting staff or other residents; (2) Has escaped from a secure facility; (3) Is sentenced to life without parole; (4) Is sentenced to dea…

(a) Upon admission to a facility each resident shall be brought to the reception and diagnostic area by the transporting authorities. (b) Initial processing shall consist of the following: (1) A thorough body search shall be done to check for contraband; (2) Medical or acute psyc…

(a) Reception staff members shall on the first day of incarceration interview and orient the resident as well as answer questions or direct the questions to the appropriate staff member(s). As a result of these interviews, management shall be alerted to any special need, which re…

(a) During the first 30 days of incarceration, the resident shall be seen by: (1) The medical staff to determine his or her medical needs; (2) Behavioral health staff to determine his or her behavioral health needs; (3) Program staff to determine his or her program needs; (4) Edu…

(a) If a resident receives a combination of ratings ranging from "1" to "5", the "highest" rating in this example will dictate the public risk rating, which would be P-5. (b) Public risk, which relates to a resident's escape potential, and if he or she does escape what danger he …

(a) The institutional risk score, shall be determined by the highest rating assigned to any of the 5 factors listed (b) below. For example, if a resident receives a combination of ratings ranging from "1" to "4", the highest rating in this example the "4", shall dictate the insti…

(a) Each resident shall be given a complete physical examination during the quarantine period by a qualified health care professional. The physical examination shall include a complete medical history. Particular attention shall be paid to current illnesses and health problems th…

(b) Behavioral health coding shall range from "1" to "5" based on the following: (1) A rating of BH-5 for severe impairment due to psychiatric illness requiring management in a secure psychiatric facility, where residents in this category would meet the criteria used in the volun…

(a) The treatment assessment (T) category shall be an unchangeable need and a minimal graduation scale which shall be applied to show the resident's progress in accomplishing institutional goals in the treatment or programming need area(s). (b) The following numbers shall indicat…

All incoming residents shall be interviewed by education staff which shall include: (a) A review of existing educational records; (b) A collection of self-reported work history and experience data; and (c) Obtaining a release of information which is required for obtaining needed …

(a) There shall be 3 formal classification evaluations within each facility as follows: (1) The initial classification evaluation which shall be completed within 30 days of a resident arriving at a facility pursuant to Cor 407.04; (2) The administrative classification evaluation …

(a) Residents shall be given 48 hours' notice of an evaluation. (b) The 48 hours' notice may be waived by the resident. (c) Residents shall attend an evaluation a minimum of once per year. (d) Refusal to attend the yearly evaluation shall not result in disciplinary action against…

(a) The notice of classification evaluation shall be paper or electronic. (b) Staff shall supply the following on the notice:(1) Name of person scheduling the evaluation; (2) Date of the scheduling notice; (3) Name of the resident; (4) Booking number; (5) Date of the evaluation; …

(a) The initial classification evaluation shall be facilitated by a classification staff member. (b) The participation of the resident shall be mandatory. (c) At the initial classification evaluation, the classification staff member shall: (1) Review and discuss the assessments a…

(a) Housing assignments shall be determined by the overall classification score of the resident. (b) The public risk rating shall be determined pursuant to Cor 406.02. (c) The institutional risk rating shall be determined pursuant to Cor 406.03. (d) Residents shall not be assigne…

(a) Upon completion of assessments, data shall be assessed and compiled by the classification staff member for the purpose of developing the resident re-entry plan. Program and treatment needs shall be determined and defined by behavioral health, medical, educational, vocational,…

(a) The classification staff shall complete and submit the "Initial Classification and Re-entry Planning Form" (Rev 08/2018). (b) Notice that the commissioner has the authority to remove any resident from any approved plan, at any level of custody, at any time if in his or her op…

The classification staff member shall notify the resident of the initial classification results and re-entry plan on the "Initial Classification Evaluation and Re-entry Planning" form within 30 days of the evaluation. Notes N.H. Admin. Code § Cor 407.08 Derived from Volume XXXIX …

(a) A resident may appeal the classification evaluation results to the administrator of classification and client records by completing and submitting a "Request Slip" form pursuant to Cor 312 within 15 days of receipt of the results. (b) If the appeal is denied, the resident may…

(a) Residents housed out-of-state or in other facilities shall be subject to the classification procedures of that institution. That institution shall submit the proposed classification for approval by the New Hampshire department of corrections. The department shall approve the …

The resident shall receive notification pursuant to Cor 407.02. Notes N.H. Admin. Code § Cor 407.11 Derived from Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12777, Effective 5/11/2019, Expires 5/11/2029.

The unit classification evaluation shall be documented pursuant to Cor 407.06. Notes N.H. Admin. Code § Cor 407.12 Derived from Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12777, Effective 5/11/2019, Expires 5/11/2029.