New Hampshire Administrative Code

The administrator of classification and client records shall override the overall classification score by one level in either direction if in his or her opinion the placement might jeopardize the safety, security, or the orderly operation of the institution or public safety. When…

(a) There shall be a reduced custody program for residents who do not require higher levels of custody and for those who require gradual reintegration back into society thereby providing the best possible method of both protecting society and providing a chance for rehabilitation…

(a) Requirements for gaining reduced custody shall be as follows: (1) Major, A level, disciplinary violation free for a 60-day period prior to applying; (2) Minor, B level, disciplinary violation free for a 30-day period prior to applying; (3) Minor, C level, disciplinary violati…

(a) A residents serving a sentence for escape or attempted escape from a non-secure facility over 3 years ago, or default, bail jumping, being a fugitive from justice, or escape during an arrest process shall not be eligible until on or after their minimum parole date. (b) A resi…

While assigned to minimum custody status, a resident shall remain disciplinary report free. If a resident receives a disciplinary report, he or she is subject to removal from the reduced custody program and returned to a secure facility PAR, depending on the severity of the rule …

(a) A resident who is returned from reduced custody status for disciplinary reasons shall be subject to disciplinary action. (b) If the resident is found guilty at a disciplinary hearing, a classification evaluation shall be conducted to determine whether this infraction is cause…

(a) Residents shall be assigned to a work or training program unless medically unable to participate. (b) Residents who by virtue of age, physical incapacity, or mental incapacity cannot work shall not be required to work but such residents shall have the opportunity to participa…

(a) Each facility shall identify work areas that are security sensitive due to posing potential risks to institutional security. (b) Residents shall be in C-3 classification for a minimum of 120 days before applying for a security sensitive position. (c) Residents in C-2 classifi…

(a) The following shall be the 2 types of job-change request forms: (1) The "Job Change Request Form"; and (2) The "Transitional Work Center Job Change Request" form. (b) A resident shall be permitted to request a job change at any time. (c) A resident who wants a job change shal…

(a) If a resident is to be fired from his or her assigned job for cause, he or she shall not be terminated until his or her right to due process is exercised. (b) A resident found guilty of a disciplinary infraction involving the work or program assignment shall be placed on "red…

Residents shall be assigned to the NJA status when: (a) He or she is newly incarcerated and is in the orientation period; or (b) His or her work performance at an assigned job is substandard through no fault of his or her own. Notes N.H. Admin. Code § Cor 409.05 Derived from Volu…

The "Placement on Reduced Pay or No Job Available Status" form shall contain the following: (a) The resident's name; (b) The resident's ID number; (c) The resident's housing assignment; (d) The resident's job assignment and shift; (e) Whether the placement is in: (1) (RPS); or (2…

(a) Residents shall be suspended from his or her work assignment without pay during the disciplinary and due process procedures utilizing the "Individual Job Assignment Suspension Form", if it is determined there is a threat to institutional security, the safety of residents, sta…

The "Individual Job Assignment Suspension Form" shall contain the following: (a) The resident's name; (b) The resident's ID number; (c) The resident's housing assignment; (d) The pending disciplinary infractions; (e) The suspension effective date; (f) The resident's work site and…

(a) The department shall provide a protective custody status for those residents that face a verifiable danger of being physically harmed by another resident. (b) Protective custody may be sought by a resident. The resident shall demonstrate during an administrative review evalua…

(a) A resident shall be a candidate for transfer to the (SPU) if the resident is: (1) Classified at level BH-5, a behavioral health score of 5, and is a danger to self or others; (2) Observed by a behavioral health clinician engaging in behavior that would qualify the resident fo…

(a) "Pending administrative review (PAR)" as defined within Cor 101.18, shall allow investigation of various issues as delineated in (e), below. (b) PAR shall be imposed on a resident when circumstances arise involving the resident that might place the safety, security, and order…

(a) The officer who is placing a resident in PAR status shall supply the following on the "Pending Administrative Review Notification and Review" form: (1) The date; (2) The name and identification number of the resident; (3) The officer's name; and (4) The PAR category as descri…

Resident shall be notified of the administrative review evaluation pursuant to Cor 407.03. Notes N.H. Admin. Code § Cor 410.05 Derived from Volume XXXIX Number 24, Filed June 13, 2019, Proposed by #12777, Effective 5/11/2019, Expires 5/11/2029.

(a) The "Administrative Review Evaluation" form shall be used by classification staff to document evaluations for residents placed in administrative review status. (b) The "Administrative Review Evaluation" form shall contain: (1) The name of the resident; (2) The booking number …

(a) Medical segregation shall be imposed only by a doctor, licensed provider, or advance practice registered nurse, hereinafter called the medical authority, who upon examination of the resident has determined that it is necessary to separate him or her from the general populatio…

(a) Disciplinary Confinement of a Resident to Cell (DCC), shall be imposed on a resident by the disciplinary board as punishment for a specific disciplinary infraction after he or she has been afforded a due process hearing pursuant to Cor 311. (b) DCC, shall be imposed for up to…

(a) When a resident becomes so hostile or agitated that opening the cell door might result in a violent incident, he or she shall be temporarily confined to his or her cell (TCC). (b) The shift supervisor shall be notified immediately of the TCC. (c) The shift supervisor or desig…

The work release program shall provide a structured community-based opportunity for eligible residents to reintegrate into the community by obtaining employment and other approved rehabilitative activity while residing in a departmental transitional housing unit. Residents partic…

The program shall provide guidance and jurisdiction over the resident while assisting them in completion of their program. Residents in the program shall be assigned to a departmental transitional housing unit, taking into consideration availability of employment, educational opp…

(a) Residents eligible for entry into the work release program shall include those who meet the following criteria: (1) The resident shall be within 12 months of parole of serving the resident's last sentence; (2) If detainers or warrants have been lodged, the resident may seek a…

(a) Parolees shall be eligible to participate in the program under such conditions as the adult parole board shall prescribe for them. (b) Residents committed or transferred to the secure psychiatric unit shall be eligible to participate in departmental work-release programs if c…

Residents at transitional housing units shall follow the rules and orders provided by the staff. Any failure to follow rules and orders shall result in the resident being removed from the program. Notes N.H. Admin. Code § Cor 411.05 Derived from Volume XXXIX, Number 41, Filed Oct…

(a) Each resident 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 week. (b) Residents shal…

(a) Upon application, and with a concurring recommendation from the resident's case manager, and the program manager of the transitional housing unit absences shall be approved from the unit for any resident who meets the following criteria:(1) The resident shall be serving the l…

(a) Work release status shall not be considered a right, but shall be a privilege. Any resident shall be removed from the program any time the commissioner believes or has reason to believe the peace, safety, welfare, or security of the community or any person will be endangered …

Residents shall complete and sign a "Release of Information Form" (revised 5/2019) as referenced in Cor 412.03 prior to the release of information from their non-medical client records. A copy of the completed form shall be maintained in the client record. The release shall expir…

(a) Attorneys, excluding the department of justice, insurance companies, employers, or other individuals shall submit a completed and original "Release of Information" form as described in Cor 412.03 signed by the resident along with prepayment for requested copies. (b) After rev…

(a) The "Release of Information Form" (5/2019 edition) shall be completed by the resident and shall contain: (1) The resident's name, ID number, and date of birth; (2) The expiration date of the form; (3) The resident's signature; and (4) The signature of a witness to the residen…

The purpose of these rules is to define the circumstances in which, and mechanisms by which, involuntary emergency treatment, seclusion, or restraint can be provided for adult residents in correctional settings. These emergency interventions are designed to be effective, safe, an…

(a) "Administrator" means the non-medical administrator of the secure psychiatric unit (SPU) or, in the absence of the administrator, the designee in charge of the facility. (b) "Administrative review committee (ARC)" means a committee comprised of administrators from the divisio…

(a) Medical care shall be provided to residents at each departmental facility. Medical care shall include services providing for the person's physical and behavioral well-being as well as treatment for specific diseases or infirmities. (b) A physician licensed in New Hampshire by…

(a) As soon as possible after a suspected psychiatric incident, the treatment staff of the facility and the resident shall develop a crisis plan to: (1) Identify the resident's preferred response to a psychiatric emergency situation in order to avoid more restrictive intervention…

(a) An emergency response shall include use of restraints only to the extent authorized by this section (b) Restraints shall: (1) Not be imposed longer than is necessary to resolve a personal safety emergency regardless of the length of the time identified in the order; and (2) N…

(a) A physician or APRN in a facility shall prescribe medication as a form of emergency treatment, to be administered without the resident's consent at the time a personal safety emergency is declared. Such authorization shall be countersigned by the ordering physician or APRN wi…

(a) At the time that any emergency treatment, seclusion, or restraint is administered in a facility pursuant to Cor 502.03, the physician or APRN administering or directing such treatment, or a person acting under his or her direction, shall promptly record the circumstances pert…

(a) On the business day following administration of emergency treatment seclusion or restraint under Cor 502, the resident's clinician or another staff member designated by the facility shall provide notice to the resident or his or her guardian of the resident's right to complai…

(a) The department shall maintain the general health and well-being of residents. Resident's whose medical condition requires, in the opinion of the departmental physician, physician's assistant, or APRN, expeditious emergency medical treatment to prevent death, substantial worse…

Except as provided in Cor 502.07 and 504.04, medical treatment shall be administered only with the consent of the resident or the resident's duly appointed legal guardian. In the event a resident is legally incapacitated, as defined in RSA 464-A:2, XI, to consent to medical treat…

(a) At a minimum, facilities shall provide training at the following intervals to all staff who will be involved in the use of any type of restraint or seclusion: (1) During initial academy training; and (2) During annual training. (b) Staff shall not perform any action relative …

(a) In accordance with Patient Rights 42 CFR 482.13(g)(1) i and the Protection and Advocacy for Mentally Ill Individuals Act (PAIMI Act), 42 U.S.C. § 10801-10851, facility staff shall make a telephone report to the CMS regional office, no later than the close of the next business…

(a) Safety booths shall only be utilized for, but not limited to: (1) Assessments; (2) Evaluations; (3) Interviews; (4) Group therapy; (5) Education classes; and (6) Hearings. (b) Safety booths shall be used only for residents residing in the special housing unit of the NH state …