TITLE LX
CORRECTION AND PUNISHMENT
Chapter 623-A
APPROVED ABSENCES FROM NEW HAMPSHIRE STATE PRISONS
Section 623-A:1
623-A:1 Authority to Establish Regulations. –
The commissioner of corrections is hereby authorized to establish rules permitting approved absences of eligible inmates who are in his official custody. The rules shall be subject to the limitations, restrictions and conditions of this chapter and may impose additional limitations, restrictions or conditions. The rules may be amended from time to time or rescinded.
Source. 1975, 241:1, eff. Aug. 3, 1975.
Section 623-A:2
623-A:2 Eligibility for Approved Absence. –
I. Upon the application of an inmate, the commissioner of corrections may grant an approved absence if he determines that the inmate:
(a) Is serving the last 90 days of his sentence;
(b) Pursuant to RSA 651:25, is on work or study release or is a resident of a community correctional center or halfway house;
(c) Is physically and mentally capable of conducting himself during an approved absence without escort; and
(d) Has demonstrated a level of responsibility which provides reasonable assurance that he will comply fully with the requirements of approved absence and will not jeopardize the safety of persons or property in the community.
II. If otherwise eligible under subparagraphs I(a), (b), (c) and (d), inmates confined at the state prison or other institution under the control of the commissioner of corrections under RSA 622-A may be eligible for approved absence only if, upon the request of the commissioner of corrections, the sending state authorizes such approved absence.
Source. 1975, 241:1, eff. Aug. 3, 1975.
Section 623-A:3
623-A:3 Purposes of Approved Absence. –
I. An eligible inmate may be considered for approved absence only for the following purposes:
(a) Visits with the inmate's family.
(b) Attendance at the funeral of a close relative.
(c) Obtaining medical treatment.
(d) Seeking or securing employment.
(e) Seeking or securing admission to an educational or vocational program.
(f) Attendance at specific community religious, educational, vocational, social, civic or recreational activities.
II. In unusual circumstances, an approved absence may be granted for purposes not specified in this section.
Source. 1975, 241:1, eff. Aug. 3, 1975.
Section 623-A:4
623-A:4 Duration of Approved Absence. –
Every approved absence shall be for a specified period of time which shall be no longer than necessary to accomplish the purpose of the approved absence. An approved absence shall not exceed 7 days except where necessary for extended medical treatment. An approved absence once begun may be extended by the commissioner of corrections only where necessary to permit accomplishment of the purpose for which the approved absence was originally granted. The commissioner of corrections may shorten or terminate an approved absence in his discretion.
Source. 1975, 241:1, eff. Aug. 3, 1975.
Section 623-A:5
623-A:5 Expenses. –
All expenses of an approved absence for transport, food, lodging and incidentals shall be borne by the inmate or his family or from other sources approved by the commissioner of corrections.
Source. 1975, 241:1, eff. Aug. 3, 1975.
Section 623-A:6
623-A:6 Waiver of Extradition. –
Prior to commencement of an approved absence, the inmate shall be required to execute a waiver of extradition.
Source. 1975, 241:1, eff. Aug. 3, 1975.
Section 623-A:7
623-A:7 Status During Absence. –
While on approved absence, an inmate continues in the official custody of the commissioner of corrections.
Source. 1975, 241:1, eff. Aug. 3, 1975.
Section 623-A:8
623-A:8 Violation of Terms of Approved Absence. –
I. If the commissioner of corrections has reason to believe that an inmate has violated the terms of an approved absence, he may certify that the inmate has escaped and thereafter shall take all necessary steps to secure the return of the inmate as promptly as possible. Escape from approved absence is escape from official custody within the meaning and subject to the provisions of RSA 642:6.
II. A person is guilty of a misdemeanor if he willfully obstructs, intimidates or abets an inmate on approved absence and thereby causes or contributes to cause the inmate to violate the terms of approved absence.
Source. 1975, 241:1, eff. Aug. 3, 1975.
Section 623-A:9
623-A:9 Interpretation of Chapter. –
This chapter shall not be interpreted as establishing any rights to approved absence, but only as authorizing establishment of provisions for approved absence as part of a program for rehabilitation and reintegration of inmates into the community. This chapter does not affect nor is it affected by the provisions of RSA 651:19 and 25, relating to work release, and RSA 623, relating to temporary removal of prisoners.
Source. 1975, 241:1, eff. Aug. 3, 1975.